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TR-2013-51b 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• planninq�cupertino.org February 11, 2014 john Chan 11532 Bianchini Lane Cupertino, Ca. 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2013-51 This letter confirms the decision of the Director of Community Development, given on February 11, 2014, approving a Tree Removal Permit to allow the removal and replacement of one 12-14 inch diameter, and one 20-24 inch diameter oak tree at a residence located in a Planned Residential Development at 11532 Bianchini Lane. The application is approved with the following conditions: 1. APPROVED PROjECT T'his approval is based on the arborist report prepared by Michael L. Bench (#WE 1897 A), Received October 3, 2013, consisting of 2 pages, and a tree removal and tree replacement site plan dated Received January 21, 2014, except as may be amended by conditions in this resolution. 2. TREE REPLACEMENTS The applicant is required to plant one (1) 36" box replacement Paperback Maple "Acer Griseum" and one (1) Fullmoon Maple "Acer Japoniam" tree in accordance with the Protected Tree Ordinance. The replacement trees shall be planted within 30 days of the effective approval date of this tree removal permit. 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. During the public review period, a nearby resident inquired if the property owner would be willing to plant a third tree, select evergreen species, or more centrally locate the proposed trees in the backyard to provide better privacy. The property owner considered the request, and revised the replacement planting location to be 5' offset from the side property lines to provide better privacy screening. Staff has made the findings necessary to grant the tree removal permit in accordance with Section 14.18.200 of the Protected Trees Ordinance. Sincerely, _.____-------� y--�-°�"` �� , - �\Stephen Rose `G �sseciate�er City of Cupertino CC: Vera Scott, 1320 Flower Ct., Cupertino Ca. 95014 Current Layout: (�C(� �'`1� �ae-��t t�� ta—��( ��.�� :�� -�. � !:. . .'^�.1. __._._ T�eZp/3-5!,�,� , _ . , . _ .,,r a?/�- �l 1 �i�!�w- New Layout: � ' e�� $ � �� ►�:�n /��1� ci ,� ��-, ,J;,t1�pn��v►� ..� t�1��=� I�u,p�� +�:� �x ` �c:�r— �r,��%j r�� `� �h � _ , � __.��:��.'�D � '�, �� o �� ; ��: ii __ .� �''�� `� Michael L.Bench ,� ,� � � Consulting Arborist ��"` �"`"'�'°'�'�' ---�-��,v13�'S� C �� (831) 594-5151 _ ,�`;. -. '�'' �.`-�, � � ...,.�:.,.�., _. a?- 11 I�- �, 7327 Langley Canyon Road � Prunedale,California 93907 P � ,. ., ` �� /L._`� ° '_ ':,� . �__ . ..,..:-.. _. . __.__.____. _\.- � . � �:� �, E A Review of Two Oak Trees p�.� �3 �p13 John Chan Property 11532 Bianchini Lane Y, Cupertino, California Assignment I was asked by Mr. Stephen Rose, Planner, City of Cupertino, to review two oak trees at the Chan Property, 11532 Bianchini Lane, Cupertino, California. Observations I met Mr. Chan at the residence and inspected the trees on September 26, 2013. The two trees are Coast live oak (Quercus agrifolia). These two trees are located in the back yard of this residence on the south side property boundary. I did not measure the trunks of these two trees, but the eastern most specimen, the smaller of the two, has a trunk diameter estimated to be 12-14 inches DBH (Diameter at Breast Height= 54 inches above grade). The western most specimen has a trunk diameter estimated to be approximately 20-24 inches DBH. The canopy height is approximately 30 feet and the canopy spread is approximately 20 feet. I observed that the canopies of both of these trees to be dense and vigorous. Yamaghami Nursery(adjacent to this property)had apparently reported to Mr. Chan that these trees were diseased and infested. I observed no disease or insect infestation at this time. These trees do often come under attack by several species of insects during the season,but the majority of the time, the insect infestations are seasonal and temporary. In some cases, the brief infestations occur annually, but are not considered particularly harmful to the tree. These trees are located under P.G. and E. power lines. There is a lower group of wires at about 15 feet above grade and a higher group of wires at about 25 feet above grade. P. G. and E. has repeatedly"topped" these and other trees (located on neighboring properties) along these power lines. The topping of trees makes them more susceptible to the failure of branches, especially branches that grow on the stubbed or topped limbs, unless the topped trees would be regularly pruned (possibly re-topped) every 3-5 years for the life of the tree. Mr. Chan reports that these trees have damaged his wooden fence. This is true. These trees have moved and have lifted the fence approximately 2 inches. In addition to this pruning, these trees had been pruned on the north side of their canopies (the side facing the residence), effectively removing all of the side branches. I do not Prepared by Michael L. Bench, Consulting Arborist 1 know if this was done by Mr. Chan (or an arborist working for hi��) or by the builder of the housing units. The total effect is that the trees have been topped (and likely will be topped again)by P. G. and E. and the north side branches have been effectively stripped on the north side. The result is that the canopies are quite ugly. Climbing spurs were used, either by P.G. and E. or the other arborist. The gouges on the trunks form the climbing spurs are obvious and fairly fresh (I estimate less than one year old). The use of climbing spurs is no longer acceptable practice, unless there is an extreme circumstance, for example an aerial rescue. Mr. Chan also reports that these trees are very messy. I advised Mr. Chan that there is no such thing as a"clean" or non-messy tree. All trees are messy in some way. Mr. Chan asked about maple trees, because they only make a mess when they drop their leaves in the fall. This is not entirely true. Some maples produce an abundance of fruit(seeds), which can make a mess. Maples are also very susceptible to aphid attack, which often causes the leaves to drip a sugary liquid, which stains patios and concrete. The back yard is almost entirely covered by pavers. As I advised Mr. Chan, the replacement of these oak trees would simply exchange one type of iness for another, if not several types. The western most oak tree, which is the larger of the two, has a cluster of 4leaders at about 10 feet above grade. The largest of these co-dominant leaders faces the residence. In time, this leader could split apart from the cluster and fall toward the residence. This leader could be removed or it could be cabled. If this leader were to be removed, this tree would be disfigured even more dramatically. Cabling this leader would not be wise because of the power lines. Conclusions These trees have been very poorly managed. Nevertheless, they are healthy. In my opinion, the damage to the fence is minor, which can be relatively easily repaired at relatively low cost. The openings in the fence for these trees could be made larger, then the fence could be straightened. If the openings were made generous, many years of service could be expected,before the fence would require further modification to accommodate the trunks. However, not much can be done to change the fact that these trees have been significantly disfigured as a result of poor management. Respectfully submitted, . �_ 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 2