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TR-2013-50b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 C V P E RT 1 Id 4 (408)777-3308• FAX(408)777-3333•planninp(a�cupertino.org January 6, 2014 Paul Nakamura McDermott's Tree Service 283 Kinney Drive San Jose,CA 95112 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2013-50 This letter confirms the decision of the Director of Community Development, given on January 3, 2014, approving a Tree Removal Permit to allow the removal and replacement of a 10-inch diameter London Plane tree in the common area of a Planned Residential Cluster Development (Westmont Park Villas HOA)near 8068 Park Villa Circle. The application is approved with the following conditions: 1. APPROVED PROTECT This approval is based on the arborist report prepared by Michael L. Bench (Consulting Arborist #WE-1897A), dated August 23, 2013, consisting of two pages; an arborist report prepared by Paul Nakamura (Certified Arborist #WE-5727A), dated October 2, 2013, consisting of one page; and a tree removal and replacement site plan, except as may be amended by conditions in this resolution. 2. TREE REPLACEMENTS The applicant is required to plant one 24-inch box Southern Live Oak replacement tree in accordance with the Protected Tree Ordinance and approved tree replacement plan. Modifications to the tree species and location may be made to the approved replacement plan pending staff approval. The replacement trees shall be planted within 30 days of the effective approval date of this tree removal permit. The property owner will be required to replace and maintain the trees in accordance with the City's 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. Westmont Park Villas HOA—near 8068 Park Villa Cir TR-2013-50 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 Friday,January 17,2014. Sincerely, George Schroeder Associate Planner (408) 777-7601 georges@cupertino.org CC:Diana Johnson,Westmont Park Villas HOA, c/o Community Management Services, 1935 Dry Creek Road #203, Campbell,CA 95008 _ ...._. �,�'' X .. . .. ,. � \ � �,,,,. Michael L.Bench __ -- s� � � Consulting Arborist �-� ' 2� Lp 13' � � (831) 594-5151 ,-, '',� �'°�;;:;ion�lurnbe; 4" 3 r �° �� 17327 Langley Canyon Road � � '`r�'runedale,California 93907 �� ..,.+�►�...e-�.,,`,, ��, ;;�.�r :�:� �. �:�s 11;_.:,- �:"�•� A Review of a London Plane Tree 8068 Park Villa Circle Cupertino, California Assignment I was asked by Mr. Stephen Rose, Planner, City of Cupertino, to inspect a tree for safety at 8086 Park Villa Circle, Cupertino, California. Observations In inspected this tree on August 23, 2013. The photos and information provided by the Westmont Park Villa people were excellent. The concern by the Park Villa people was whether the tree may be unbalanced and, thus, unsafe. An unbalanced tree is rarely a hazard, and for this reason I was not concerned about the tree's balance. One question I had about the tree was the severity, specifically whether or not the surviving stem could be expected to support the structure above the break. The other question was whether or not there would be sufficient space for replacement trees. The subject tree is a London plane (Platanus acerifolia). Its trunk is 10 inches in diameter at 54 inches above grade. The canopy height is approximately 40 feet and the canopy spread is approximately 25-30 feet. The wound was caused by Co-Dominant leaders (two near identical leaders)with imbedded bark. This is a relatively common failure on many species. This can be corrected by pruning when the tree is young. Upon inspection, it was obvious that the surviving wood will not be sufficient to support the top structure over the long term. The new wound effectively creates a"hinge." Movement on the top of the tree will likely case tiny un-noticeable cracks in the wood at the flat area of the open wound. In time, the top of the tree will likely bend like a hinge and break at the location of the wound. There is no effective way to repair or to prune this tree to prevent such an occurrence or to reduce the eventual risk. Prepared by Michael L. Bench, Consulting Arborist August 23, 2013 1 8068 Park Villa Circle Cupertino, California Recommendations I recommend to remove and to replace this London plane tree. This tree exists in a relatively large space in the area where this tree exists. This tree stands alone in a rather large turf area. There is certainly sufficient space to plant replacement tree(s). If planted in this lawn area, the replacement tree(s) would have to be able to tolerate the lawn irrigation. Two species that could tolerate this would be: Southern Live oak (Quercus virginiana) London plane (Platanus acerifolia `Columbia') However, trees require deeper watering than turf. For 2-3 years, new replacement trees would require irrigation that would penetrate the soil to a depth of 18-24 inches. Respectfully submitted, .�- ,1� Michael L. Bench, Consulting Arborist International Society of Arboriculture Certification # WE 1897A American Society of Consulting Arborists Member Prepared by Michael L. Bench, Consulting Arborist August 23, 2013 2 o - - � ArboYist a�° MCDERMOTT'S TREE SERVICE �`�°°` � RepoYt P.O. E3ox 61 1897 San Josc CA 95161-1897 Phonc:408-297-4389 Fax:408 298 1761 We employ certified arborists �� .� . October 2, 2013 �,-y9,� �� a'� `'�pi,��:�C �� : '�y��,��: ! Westmont Park Villas HOA 2d� '� "'. '� r� ��,„� >�, _ - 4 A f:Y },s C/O: C.M.S., Inc. '�� ,�;;�, �'�"� <"� �,��;�� 1935 Dry Creek Road, Ste 203 ` � : :;t .��. �'�� ' ''4°�� Y ��: Campbell, CA 95008 � � ,a, ._. r k.�. ��l_ '� �., A �i"p ,�� , ; � 'k'�� , �'!�� n�"'•.'' � S�,+,;-'�- ti. .. �"� :p, �� , � x V A y�. t� /'��e ��`�� r r� r�,,��• ��,�? a�;`�� ,Y: > •�!;� �� c ,`, �; ��. t"��-� �� . ,'� > > .�. '�•�. Visual Evaluation: _, �. .�� '�„ �- . , ,� ■ Evaluation date: 10/2/13 �' �y - '�� `�'' ■ Location: Green belt area to the west of the pool area. ,,,•-�';. � ��`' ., ,� �'�;�,� ■ Species: Platinus acerifolia ��4'' � % � ��` �1}�' ��Y`�e��i�, t 4� � `Sf I ■ Size: 25" circumference @ 4', 30' tall. �,��t, r-�t y� �� k � � ■ Vitality: The tree is in good health. ��-� �`--_ .s� "',�� J _ �,� Site Evaluation: ,�;� � ■ Exposure: Center of large lawn area. Subject to wind throw. '�' ��` '�' ��w;� ' ��a . � -�- b _ ■ Soil: Clay soiL --� �----''=��= _:� ■ Site disturbance: None. ��"��'�� '°� - �`~ ■ Targets: Public lawn area, structure and side walk. Visual Tree Analvsis: • The tree has lost a large branch leaving a significant scar just d"�Ar � �'� -:'' below the crown of the tree. The scar has created a weak spot � � �' � on the tree which increases the potential for a future failure. :A' �ra � • "Wounds provide an entrance for the microorganisms (fungi and - bacteria). Wood present at the time of wounding is subject to decay.", _ (Eva/uation of Hazard Trees in Urban Areas, 2nd edition, Nelda P. �'`� � �* Matheny and James R. C/ark) ,;�� +s ;�. x� , Recommendation � ��; � • We recommend removing this tree and replacing it with a like kind. �� ' �� :�. � Removal cost: $425.00 � � ��.y #� S t ,�f�� t �i �� Replacement: 24" box Southern Live Oak $350.00 Respectfully submitted, i�� i,��;,;, .� Paul Nakamura, WE-5727A ` � � � : , Bid#16804 Westmont Park V�llas _ ... . ,� -�i2-2�� - s � �-� "`�.".�.- r;, . �;.��;cn ��yrr��ier � � 3.�v.��o� a- .__.�_.,,,_,tl..._-.e.,.----�- � M`'CLELLAN ROAD 8083 8081 U, g079 8069 8067 8051 8055 �� 8085 �� o� 8077 8071 806� 8059 8053 rn 8087 8075 8073 8063 8061 8051 sos9 so9� PARK VILLA CIRCLE 809� 8093 8086 8Q76 g074 8068 g062 8052 8097 8084 8078 gOl2 8066 $060 8054 8099 8058 8056 8082 8080 g070 8065 � '0 8101 8103 � �aN �,ow�+� Tree removal � o pCp 8107 8105 � p��'�J and replacemnt -�� o � < Ix.�`"� location. Z�.�r s„�1,,�e,,� L�v�- �• a � 8109 �, luG'r�"� 8155 8160 � r 8134 8136 $146 8145 � 8111 � 8132 8135 g144 8150 $156 8162 — $113 $115 � 8130 8140 $1�2 $�� 81�4 8164 8119 8117 r m 8121 8129 8139 8141 81�1 8153 8163 8123 8131 8137 8143 8149 8155 8161 8125 8127 8133 8135 8145 8147 8157 8159 �_ �.' ,�``�4 '"�` ' � � ��'„��.......�.._....._� _..._,