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TR-2014-67b COMMUNITY DEVELOPMENT DEPARTMENT � ,. CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 C U P E RT I N O (408)777-3308• FAX(408)777-3333•planninq�cupertino.ora january 22, 2015 Jeff Hillman Valley Crest Tree Care Service 825 Mabury Road San Jose, CA 95133 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER-Application TR-2014-67 This letter confirms the decision of the Director of Community Development, given on January 22, 2015, approving a Tree Removal Permit to allow the removal and replacement of a 17-inch diameter Callery Pear Tree in the common area of a residential townhome complex, located at 19954 Portal Plaza. The application is approved with the following conditions: 1. APPROVED PROJECT This approval is based on the arborist report prepared by Jeff Hillman (#WE-10086A), dated December 1, 2014, consisting of two pages; 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 two (2) 24-inch box Chinese Pistache replacement trees 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, RESERVATTONS 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 removal permit in accordance with Section 14.18.180 (A)(1) of the Protected Trees Ordinance. Also, please note that an appeal of this decision can be made within 14 calendar days from 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, George Schroeder Associate Planner (408) 777-7601 georges@cupertino.org Enclosure: Arborist report and removal plan CC:Diane Harn,Portal Plaza HOA,c/o Massingham&Associates,2542 S.Bascom Avenue#170,Campbell, CA 95008 �� 825 Mabury Road San Jose,CA 95133 Tel: 408.453.5904 V�� Fax:408.437.1817 Tr e e C a r e S e r v i c e s www.valleycrest.com Date: December 1, 2014 Location: 19954 Portal Plaza Cupertino, CA Regarding: Removal of 1 Callery Pear tree. Certified Arborist: Jeff Hillman Certified Arborist Number: WE-10086A I am requesting the approval for the removal of one Callery Pear tree. Circ @ 4.5ft Species Location (in) Height Spread 19954 Portal Callery Pear Plaza 54 in 30 ft 20 ft Justification Callery Pear trees are prone to several diseases and structural defects that pose a high risk for a highly trafficked area. This tree is infected with fireblight; a bacterial disease that causes cankers on the branches and can weaken the overall structure of the branch. This tree also has several very narrow angled branch attachments with included bark; this poses a major risk to the community because of the size of the branches that would fail and their high risk due to the weak branch attachment. Several of these attachments are main scaffold branches that would include a large portion of the tree when they fail and would strike multiple high value targets causing severe damage. This tree is also causing extensive damage to concrete, pedestrian pathways causing trip hazards, and damaging concrete walls. In order to repair this damage more than 70% of the trees root system would need to be removed. This would severely destabilize the tree and pose a major risk to the community. This tree must be removed in order for the repairs to take place and not put the residents of this community at risk. F:. :�� . .'"L .�...w..! �_'�ZC!`f.'�`i _ _.�; .._ _. � ".:��-�,5" _.�..._._._.. G 5��,,.,�� Utilities Underground utilities are of concern in the area of the tree removal. Grinding of stumps will be done with all necessary considerations to avoid damaging the underground utilities. Animal life There is no apparent bird or animal nesting in any of the trees to be removed. Replacements Replacement species to be considered are Chinese Pistache. Thank you for your consideration of this request. All tree work performed by Valley Crest Tree Care Services is executed in accordance with the"Practical Specifications for Contract Tree Management"which encompasses the American Nationa/Sfandard of Pruning A-300. Valley Crest Tree Care conducts all working procedures in a safe and orderly manner as established by OSHA and ANSI Z-133.1. 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