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TR-2014-54b OFFICE OF COMMUNITY DEVELOPMENT ,,, CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 C l�J P�R-f��Q (408)777-3308•FAX(408)777-3333• planninqCa�cupe�tino.orp November 24, 2014 J.T.S. Tree Service Daniel Soto P.O.Box 52100 Palo Alto, Ca. 94303 SUBJECT: TREE REMOVAL PEIZMIT AC'TION LETTER-Application TR-2014-54 This letter confums the decision of the Director of Community Development, given on November 21, 2014, approving a Tree Removal Permit to allow the removal and replacement of a 28-inch diameter Coast Live Oak tree, located at 877 Lily Avenue. The application is approved with the following conditions: 1. APPROVED PROJECT This approval is based on the arborist report prepared by Michael Bench (#WE-1897A), dated September 30, 2014, consisting of two pages; and a tree removal and tree replacement site plan, except as may be amended by conditions in this resolution. 2. TREE REPLACEMENTS The applicant is required to plant one (1) 36-inch box Scarlet Oak (Quercus coccinea) 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. 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 notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exaction, 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 remova� permit in accordance with Section 14.18.180 of the Protected Trees Ordinance. Also, please note that an appeal of this decision can be made within 14 calendar days frorn the date of this letter. If this happens, you will be notified of a public hearing, which will be scheduled before the Planning Commission. Sincerely, t _ -, �� George Schroeder Associate Planner (408)777-7601 georges@cupertino.org Enclosure: Arborist Report, removal and replacement plan CC:Deepak and Malini Satya,877 Lily Avenue,Cupertino,CA 95014 ��""� �,,�,.r Michael L. Bench �� ' ; � -.� � � ,f Consulting Arborist ""°°"""' �'�-��••�=��, f �,, (831) 594-5151 i:-,:i :' -,<;,w lr. �,--� ��'"��/<�.. � �,� 7327 Langley Canyon Road '�""""" Prunedale,California 93907 �� ,,,.��,�,�, t ---_. :�.- A Review of the Request to Remove an Oak Tree Satya Property 877 Lily Avenue Cupertino, California Assignment I was asked by Mr. George Schroeder, Planner, City of Cupertino, to evaluate the circumstances concerning the request to remove an oak tree at 877 Lily Avenue, Cupertino, California. Observations I inspected the site on September 30, 2014. The subject tree is a Coast live oak(Quercus agrifolia). This tree has a trunk diameter of 27.8 inches at 54 inches above grade. The condition is excellent. The tree is located adjacent to the west side property boundary. ��` g � � �,��- � The bark of this tree is very smooth, which � � �� - �� ` �� is an indication of its age. This tree is �. , �' �, � �� ' � �� a �� relatively young and is growing ..�� .� � �` , � �� ` �� vigorously. � '��'r� ' � ��. � �� ,,� � . ��y`�, ��,�` .-�` " �' �� ,.e�, y i � � � r. �� °°'�� -�� , �� The ti-unk of this specimen is 6 feet from ��"� � �4 � �� '� the corner of the residence and �� `� ��' � � �y e �� approximately 3 feet from the corner of �;. �� i the porch. R" �r��y� � � � . . � � �� =� � There is dama e to the existin wood � � t '�'��"�_ �� < g < g g �` �� ` fence and to the neighbor's gate, which is �� ,.-� :: � �� ° located on the opposite side of the fence. � �� .. � � � �' � � ��' �� "�°� � � �= �� .�° � ��`� �� ,u�� Roots of this tree have crushed the � � m �_�� > a � � �� ` @ ? in�gation line and the c�i•ain line on this < � �� '� � side of the residence. � � � �;� � �� ,�� ;�, � � , �� t�s, �;� �� z � �� „�� The gas line from the street to the corner , �� , ��, �� °�# � � ��-�; , , �� ,� of this residence is located approximately ,��`� � . �_�°N� . •.°��.o�� 18—24 inches fi•om the ti-unk. Currently 1 could sce no ob�ious dama�� tu lhe house or to the porch. Prepared by Michael L. Bench, Site Observations: 1 Consulting Arborist September 30, 2014 877 Lily Avenue Cupertino, California Conclusions The fact this tree is growing vigorously and the fact that it is located very close to the corner of Mr. and Mrs. Satya's house, it is likely that this tree would lift the porch and/or the corner footing of this residence in the near future. If the trunk of this tree were located 10-12 feet from the residence, in my experience the risk to the residence would be quite low. In my opinion,there is a significant risk to the residence. It appears that there is a risk to the gas line because of the fact that the gas line is located adjacent to the trunk and because this tree previously has crushed irrigation and drain lines in this immediate area. Because repairs to the fence could be done relatively easily, I typically do not consider damage to wood fencing sufficient justification,by itself, to warrant the removal of an a coast live oak tree. In my opinion,the risk to the residence is a real possibility in this case. Although it appears that no damage to the residence has occurred to this point, I am confident that damage to the residence will likely occur in the relatively near future. For this reason, I believe the request to remove this tree is warranted. Replacement Trees Certainly one replacement tree could be planted in the front yard. As I recall, it is likely that 2 replacement trees could be planted in the front yard. I did not see the back yard. Coast live oak(QueYCUS agrifolia) Chinese pistache(Pistacia chinensis) Fruitless olive(Olea europea `Swan Hill') Brazilian pepper(Schinus terebinthefolius) Hybrid Arbutus(Arbutus `Marina') Strawberry tree(Arbutus unedo) Small leaf paper bark(Melaleuca linariifolia) African sumac (Rhus lancea) Grecian laurel(Laurus nobilis `Saratoga') Magnolia hybrid(Magnolia `Galaxy) Water gum(Tristaniopsis laurina) Dwarf Fruitless Olive (Olea cultivar) Respectfully submitted, --�'.°`µ �e.�.�� Michael L. Bench, Consulting Arborist International Society of Arboriculture Certification#WE 1897A American Society of Consulting Arborists Member Prepared by Michael L. Bench, Site Observations: 2 Consulting Arborist September 30, 2014 u erti no p `j�Q �E (�.E��ov�� A.N� (�E r'�-/4GF!`✓`,F!�11'" �t–�'i l� �;� �� l �v� APp�-I cRT�rJ # `r'(�— �c�i �-- ` `-� 4' . i��-�,��, C1 ) �8 —;��1� ,� -,�;, ��, -�L�v� �°��-�'��' ��.�.-p.,•.-- :s �A • � �� 4� � _ . � � �� . � �� - � � :- � . ,,�, .� Basemap Labels `� ��' � � t � � �� ''` . �: � e I � Abc Street Names �� =:' ' ° � ` � �"� � , g � sr-� ' , � . � �;�; j Secondary Address Labels ' �� ' i �.,� � , �_ � � �` � H � � - f _';��. . :" I Primary Address Labels ��, � � �� ,,. , � � , � � � . ,M — Freeway � �,� �', ��, � � ��, I Basemap I, �� 'r i � � � I I �°� -- � ,�- ` � ��, ' � Street Centerline �' �� 'E r. g � ,: �.�L,/�Y �y � .�i� 'Sy.�i �.,. > � �. � ^,.. 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