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TR-2015-02b COMMUNITY DEVELOPMENT DEPARTMENT � ,. 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(a)cuqertino.orq January 29, 2015 Shunliang Wang 6351 Candlewood Court Cupertino, CA 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2015-02 This letter confirms the decision of the Director of Community Development, given on January 29, 2015, approving a Tree Removal Permit to allow the removal and replacement of a 27-inch diameter Coast Live Oak tree, located at 6351 Candlewood Court. Staff has made the finding that the mature specimen Coast Live Oak tree in the R1 zoning district has caused extensive damage to an existing essential structure and cannot be controlled or remedied through reasonable relocation or modification of the structure. This finding is necessary to grant the tree removal permit in accordance with Section 14.18.180 (A)(1) of the Protected Trees Ordinance. 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), received November 21, 2014, consisting of two pages; 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 it is physically feasible to plant the two required 24-inch box replacement trees, but the applicant chooses to pay the in-lieu fee instead of planting the replacement trees. One and one-half times the cost to procure and install the replacement trees is approximately $1,500, of which the applicant has paid on January 6, 2015, in accordance with the Protected Tree Ordinance, Section 14.18.160 (B)(4). 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. Please note that an appeal of this decision may be made within 14 calendar days from the date of this letter. Do NOT REMOVE THE TREE until the end of the appeal period. If an appeal is filed, 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 jl..'""�``'�� �,,,.. Michael L.Bench _ ,., ,� �, f.: . � � � �_ , ,-.. Consulting Arborist � �" � ��� �'�'t'�� ��.-�,�,�,_.,_.,,�,,. � (831) 594-5151 �.+.+'� � /-�c� _�s• \„�, 7327 Langley Canyon Road Prunedale,California 93907 ...�...,,\..��,, � ---� "� A Review of An Oak Tree 6351 Candlewood Court Cupertino, California Assignment I was asked by Mr. George Schroeder, Planner, City of Cupertino, to review the request to remove an oak tree at 6351 Candlewood Court, Cupertino, California. Observations The photos provided by the owner were excellent. The subject tree is a 27 inch diameter Coast Live Oak(Quercus agrifolia) located in the back yard adjacent to the footing of the residence. In the back yard,there is an additional coast live oak tree, estimated to be approximately 15 inches in diameter) near the northeast corner of the yard and there is a large American Sweet Gum(Liquidambar styraciflua) located near the northwest corner of the back yard. There is an open space between these two trees near the north side back yard fence. The owner had cut a hole in the roof to accommodate the branching of this tree, apparently several years ago, and likely more than once as the tree grew. In my opinion, this was a extraordinary accommodation to preserve the tree. This apparently prolonged the life of this tree for several years. However, the roots of this tree adjacent to the foundation are raising the foundation. The trunk is cracking the exterior wall of the residence and bending the wall as the tree grows in diameter. If the tree were preserved, this damage would be expected to increase with each year's growth. I made a visit to the site on December 16, 2014 to review possible locations for replacement trees. Conclusions In my opinion, damage to the residence with the expectation of increased damage in the future is sufficient justification to remove a coast live oak tree. Prepared by Michael L. Bench, Site Observations: 1 Consulting Arborist December 16, 2014 6351 Candlewood Court Cupertino, California There is an open space between the two trees near the north side backyard fence to plant a replacement tree. This is also plenty of space in the front yard to plant replacement trees,because the front yard is virtually all turf with the exception of a palm, which I recall is a California Fan Palm(Washingtonia filifera). The problem with planting replacement trees in the front yard is that most oak species are not compatible with the regular shallow irrigation applied to turf: However, Southern Live Oak(Quercus virginiana) can tolerate turf irrigation condition. No matter which type of replacement tree may be planted, it would require regular irrigation(weekly at first, then every 2 weeks there after) for 2-3 years. This irrigation must be in addition to the lawn irrigation should trees be planted in the front lawn. Recommendation I recommend that the request to remove the 27 inch diameter Coast Live Oak be approved, because of damage to the residence. I recommend that this tree be replaced according to the City guidelines. Respectfully submitted, :---..._� a.�t-.__._ Michael L. Bench, Consulting Arborist International Society of Arboriculture Certification#WE 1897A American Society of Consulting Arborists Member Prepared by Michael L. 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