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TR-2013-16b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 C U P E RT 1 N O (408) 777-3308• FAX(408)777-3333•planninc�(a�cupertino.org May 21, 2013 Davey Tree Expert Attn: Gil Mitchell 1055 Commercial Ct. San Jose, Ca. 95112 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—TR-2013-16: This letter confirms the decision of the Director of Community Development, given on May 20, 2013, approving a tree removal permit to allow the removal and replacement of a 23.5" Coast Live Oak tree located on the property at 10220 Phar Lap Drive. This removal is approved with the following conditions: 1. APPROVED PRO,TECT This approval is based on the arborist report prepared by Gil Mitchell (Certified Arborist #WE- 0134A), dated April 5, 2013, consisting of one page and a tree removal site plan, except as may be amended by conditions in this resolution. 2. IN-LIEU TREE REPLACEMENT FEES The Director of Community Development has determined that accommodating the one (1) required 36-inch box tree on the property would not be feasible and therefore a tree in-lieu fee would be required. The cost to procure, install, and replace one required 36-inch box replacement tree is approximately $800.00, of which the applicant has paid on May 6, 2013, in accordance with the City's Protected Tree Ordinance. 3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. Staff has made the findings necessary to grant the tree removal permit in accordance with Section 14.18.180 of the Protected Trees Ordinance. Please note, however, that an appeal of this decision can be made within 14 calendar days from the date of this decision. If this happens, you will be notified of a public hearing, which will be scheduled before the Planning Commission and the tree cannot be removed until a final decision on the appeal has been made. If no appeal is made within the appeal period, the tree(s) may be removed after Wednesday,June 5,2013. Sincerely, George Schroeder Assistant Planner (408) 777-7601 georges@cu�ertino.or� cc: Lloyd Ebisu, 10220 Phar Lap Dr, Cupertino, CA 95014 ��f�� ttr�i;('�3rt,m�rcitz! Ct. �. `�an Jc}tie. C't'19�1 (?-1�()(l . ''`.i_L' 1.� �.:��`�d'4 �„-i�� L�:1��'h�� `�;'�t .��L t'El(}nt': {��tic4'} ��j_ii!;� (�t){1) ?�9-�fi(}(l April 5, 2013 F<rr: t-�t�5) -3�3-?!�-3i► Mr. Lloyd Ebisu 10220 Pharlap �r. Cupertino,CA 95014 Re: Coast live oak t�ee Qear Mr. Ebisu, At your request, I visited yo�rr property on March 18,2013 to�valuate the conditi�n af one coast live aak(C2uercus agri�olia)tree tFrat is located dvwnhil!and to the west of your residence. The evaluation was dane from the ground ar�d th�tree was not climbed. This letter serves as a summary of my evaluatit�n. Photographs are pravided as visua!aids in the discussion of the tree. Pharlap Orive is oriented north-south for the purposes of this report. The oak tree has a trunk that measures 73.8 inches in circumference at a height c�f four feet abovQ ground line. The canapy is misshapen because it was suppressed on the north side by a large mature coast live oak tree that was remaved several years ago. The tree leans ta the west-southwest. Earlier this year you naticed clusters of mushraoms at the base of the tree_ You asked me ta come out and deterrnine if the mushroams were of a concern to the tree. I used hand tools to dig around the base of the#ree an aN sides. I then found that almost the entire circumference of th�rr�e is infectecf and damaged by caak raot fungus(Armillarir�me/%a)disease. There is woody tissue that has been damaged to the point that ii has no structural integrity. I measured the circumference af the tree at clase ta ground line and it measu�es 103.6 inches. i determined that six ta sever�inches of the circumference,which includes one buttress root, is�ourrd and solid. But that means that less than seven percent of the circumference is not damaged by oak raot fungus disease. Given the exter�sive nature af the infectian,and its location, 1 wauld expect the base af the tree�o become weak ta the point where the tree will fall aver. The tree will likely fai(between two Mortterey pine (Pinus radiata)trees,across the sidewalk, and on to Pharlap Driue. It is r�►�y recommendation that this coast live oak tr�e b� removed ta as close to ground line as passibie. The stump cannot be ground out due to the slope af the hiliside. I suggest leaving the stump fcrr the purposes of erosion ct�ntral. RespectfulEy submitted, �, ��:_ •----. ..�. �i2-oZol ; �:� � ,� _ . e��...�._ __ ._�-.�� .�.� .� � f�j .��f - 1- 3 � � .� o? / .� � � Gil Mitchell, RCA#317 ISA Certified Arborist WE-0134A � - � � `-j Enclosure T E{ ::� � .� 1' �: �' � R �: �: � \ 1' F K T (.. 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