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TR-2015-31b DEPARTMENT OF COMMUIVITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO,CA 95014-3255 C U P E RT I N O (408)777-3308 • FAX(408)777-3333 • �lanning@cupertino.orQ August 10, 2015 Elisabeth Eschelbeck 10501 Florence Dr Cupertino, CA 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2015-31 This letter confirms the decision of the Director of Community Development, given on August 10, 2015 approving a Tree Removal Permit to allow the removal of one (1), 52-inch diameter Coast Live Oak, located at 10501 Florence Drive. Staff has made the finding that the Mature Specimen trees in the R1-10 zoning district, with single trunk between twelve inches DBH and twenty-four inches DBH, or multi-trunk between twenty-four inches DBH and forty-eight inches DBH, that are the subject of this tree removal permit, will be replaced by planting a replacement tree and/or by contribution to the city's tree fund. This finding is necessary to grant the tree removal permit in accordance with Section 14.18.180 (A)(4) of the Protected Trees Ordinance. The application is approved with the following conditions: 1. APPROVED PROTECT This approval is based on the arborist report prepared by Richard Gessner (#WE-4341B), dated July 1, 2015, consisting of twelve pages and a tree removal site plan, except as may be amended by conditions in this resolution. 2. TREE REPLACEMENT The required replacement trees are one (1) 36-inch tree to be planted on the subject property. If it is determined that it is physically not feasible to plant the required replacement trees the applicant may pay in-lieu fees determined to be appropriate by the Community Development Director. The applicant shall provide the Department of Community Development adequate documentation, including but not limited to photographs, receipts or invoices, to verify that the replacement trees have been planted. 3. PROTECTED TREES The applicant understands that replacement trees may not be removed without a Tree Removal Permit and that they shall be responsible for ensuruzg the proper maintenance and care of the tree. The applicant shall also disclose the location and species of all replacements trees on site upon sale of the property. 4. 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 Govemment 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 rnay be made wiEhin 14 calendar days from the date of this letter. Do NOT REMOVE THE TREE(S) 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, Gian Martire Assistant Planner (408) 777-3319 gianm@cupertino.org Enclosure: Arborist Report Removal and replacement plan 10501 Florence Drive, Cupertino Oak Tree Assessment July 1, 2015 __.. �. ,, , • � . -��/.5�--.,� ..�r ; ,, . ._ ._:r July 1, 2015 S �� _ �'S,. ;-- � _: � Ms. Lisa Eschelbeck �"" "n ; � ��- "`"�"� 10501 Florence Drive Cupertino, CA 95014 Monarch Consulting Arborists LLC P.O.Box�O10 Fetton,CA 95018 831.33�.8982 Regarding the coast live oak(Quercus agrifolia) located on the southwest side of 10501 Florence Drive, Cupertino, CA 95014 (Appendix A). The tree is in poor to unstable condition and in poor health with both biotic and abiotic conditions contributing to an ineversible spiral of decline and meets the City of Cupertino's findings for a tree removal permit. Assignment, Limits, Purpose and Use On June 30, 2015 at 9:00 AM I inspected the crown, trunk, trunk flare, above ground roots, and site conditions around the tree following the guidelines published in the ANSI A300 (Part 9)-2011 Tree RiskAssessment a. Tree Structure Assessment to perform a level 2 basic assessment including an assessment of the tree's vigor. No tree risk assessments were performed. The purpose of this report is to inform the property owner about the condition(health and structure) of the tree. The report is to be used by the properiy owner, their agents, and the City of Cupertino to help make decisions about the future management of the tree. Observations The coast live oak is located along the southwest side of the property about one foot from the chimney. The tree has a trunk diameter of 52 inches at 4.5 feet above grade and is approximately 45 feet tall. The crown spreads symmetrically about 25 feet in all directions. Foliar color is chlorotic, size is small, and density is sparse with about 20 percent crown opacity (Appendix B). There are dead branches and twigs throughout the crown and most of the branch tips have died uniformly around the tree. The scaffold branches are moderate sized with good attachments and support moderately sized secondary limbs. The trunk has a corrected lean with bulging in the lower six feet. The bark on the lower trunk has abnormal color and texture with response growth from internal damage throughout. There are signs of fungal pathogens with black oozing in some areas and brown or tan fungal conks mixed between bark fissures (Appendix B). The trunk flare is partially buried and there are some visible structural roots at ground level along with a few visible surface roots. Targets of value under the tree are people when present, parked cars, and two residences. Monarch Consulting Arborists LLC- P.O Box 1010, Felton, CA 95018 831.331.8982- rick@monarcharborist.com Page 1 of 12 10501 Florence Drive, Cupertino Oak Tree Assessment July 1, 2015 Discussion The health assessment of the coast live oak focused on the following conditions: • Overall appearance • Foliar health • Twig growth • Environment(abiotic disorders) • Presence of insects and disease (biotic disorders) The overall health rating is either good, moderate, or poor. The system is based on the overall appearance of the tree, its leaf and twig growth, and the presence and severity of insects or disease. The coast live oak is in poor health and declining. Based on the tree's crown opacity of about 20 percent and the dieback concentrated at the outer tips of the branches and twigs the tree is in a spiral of decline. The sparse crown, foliar discoloration, and small leaf size are indicators of reduced root function which can be caused by drought(Costello, L., Hagan, B., Jones, K. 2011). There are signs of canker diseases in the lower trunk and unusual response growth with ribbing and bulging in the lower six feet where infection has likely occurred for years. Two signs of fungal pathogens were observed which were black oozing which could be caused by Phytophthora sp. in one small spot and fungal conks intermixed between the bark fissures which I identi�ed as Phellinus gilvus(Costello, L., Hagan, B., Jones, K. 2011). A tree's condition is a determination of its overall health and structure based on five aspects: roots, trunk, scaffold branches, twigs, and foliage. The assessment considered both the health and structure of the tree for a combined condition rating as defined below: • Exceptional =Good health and structure with signi�cant size, location or quality. • Good=No apparent problems, good structure and health, good longevity for the site. • Fair=Minor problems, at least one structural defect or health concern, problems can be mitigated through cultural practices such as pruning or a plant health care program. • Poor=Major problems with multiple structural defects or declining health, not a good candidate for retention. • Dead/LTnstable =Extreme problems, irreversible decline, failing structure, or dead. The tree is in poor to unstable condition at this time. Structurally the tree is in fair shape with some defects and conditions that could lead to branch or stem failure, however nothing except for dead branches would be prone to failure under normal conditions within the next three months. Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982- rick@monarcharborist.com Page 2 of 12 10501 Florence Drive, Cupertino Oak Tree Assessment July 1, 2015 Trees are complex living organisms and it is not possible to quantify the long term health or condition of any living entity, including trees. Abiotic and biotic factors influence trees over time and that influence cannot be predicted. There are some cultural practices such as mulching or fertilizing that can be employed to help improve overall growth under some circumstances. Typically trees will start to decline as injury occurs to the root zone from construction, landscaping, fungal pathogens or insect infestations. Trees can overcome specific problems over time but it is the combination of contributing factors that starts the spiral of decline. The tree is declining and will most likely continue to decline with or without treatment. It will not be possible for the tree to overcome the extent of the canker encompassing the lower main stem and the regional drought conditions. The tree may start to fall apart as the decay becomes more extensive throughout the main stem and crown or it could totally collapse under certain conditions. There are no cultural treatment mitigation options for this tree aside from removal. Fertilizing or chemical applications will have little or no effect and watering would prove difficult due to the location of the tree and the current drought scenario. Section 14.18.180 Review and Determination of Application of the Cupertino Municipal Code provides the criteria required for a tree removal permit to be granted. Stated below is the first part of the section: "The approval authority shall approve a tree removal permit only after making at least one of the following findings: 1. That the tree or trees are irreversibly diseased, are in danger of falling, can cause potential damage to existing or proposed essential structures, or interferes with private on-site utility services and cannot be controlled or remedied through reasonable relocation or modi�cation of the structure or utility services;" The coast live oak is irreversibly diseased and will continue to decline regardless of intervention. Conclusion The tree is in poor to unstable condition and in poor health with both biotic and abiotic conditions contributing to an irreversible spiral of decline. Because of these factors the tree meets the City of Cupertino's�ndings for a tree removal permit as stated in Section 14.18.180 Review and Determination of Application of the Cupertino Municipal Code. Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - rick@monarcharborist.com Page 3 of 12 10501 Florence Drive, Cupertino Oak Tree Assessment July 1, 2015 Recommendations Obtain all necessary permits from the City of Cupertino prior to removing or significantly altering the tree. Have a qualified tree care contractor with a C-61/D-49 or G27 California Contractors License and proof of insurance safely remove the tree. Replant with a 36 inch box container sized tree as stipulated in the City of Cupertino Municipal Code (Appendix C). Bibliography American national standard for tree care operations: tree, shrub and other woody plant management : standard practices (Tree risk assessment a. Tree structure assessment). Londonderry, NH: Secretariat, Tree Care Industry Association, Inc., 2011. Print. City of Cupertino Municipal Code Chapter 14.18 Protected Trees. Dated 2007. Clark, James R., and Nelda P. Matheny.A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas. Bedminster, PA: International Society of Arboriculture, 1993. Costello, Laurence Raleigh, Bruce W. Hagen, and Katherine S. Jones. Oaks in the urban landscape: selection, care, and preservation. Oakland, CA: University of California, Agriculture and Natural Resowces, 2011. Print. Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982- rick@monarcharborist.com Page 4 of 12 � � 10501 Florence Drive, Cupertino Oak Tree Assessment July 1, 2015 Appendix A: Site Overview and Tree Location �; �� c�= �r�,� �, Y ��f,,1 � ��i� . � � . , �'f ` K �� ..E+ �'�, �� ,;.�y, � I I�i �.; : $� _ *;y i � ��i �,� � �� r g � 3 �+ �*� � � . , �.x e �.� �t��"� ��'� , , ,� �, t� ` .-#`., ..� * r�. F ... .z �. _ , u. . ... ...� �T . p. , �` ._ .. . e'� � � r ':: �.: i�t�� '�, ,�p' '-'.s �� 4 ` .. v �, �� „� "V� k� i : V , .� , , v ' .. , . . �- q S 44w;� p �" .r ' ' ' F� ,r . .:'. , ,.rn - , :�r,., ,� .�J+ . . , :x. �, ._:_. _. '.7. ,.:.. I _ �. :._:. "f t �d*^, ,j,� .' �""5�1 �,;.,. � ' , . , .�..,:�: ' 3'y �, ��f' �� '�i� M.. `�� '� `�,�.:J . , ;�.�4 /� _� ,�. � "� , g � � Y � } • O , The circle in the photo above represents the coast live oak Monarch Consulting Arborists LLC- P.O Box 1010, Felton, CA 95018 831.331.8982- rick@monarcharborist.com Page 5 of 12 � � 10501 Florence Drive, Cupertino Oak Tree Assessment July 1, 2015 Appendix B: Photographs B1: Declining oak tree with sparse crown �_ _.------ — ------ � " , .,. �� .T6'�. '}: _.��T --�'� yJ` r �� ti ,, a"'_ �yJ+Lj,." . .. ��-j �� •: �� r��l �;. . ;� ��a ,,1!� ��. -��- ;;� \ � �+ty� . ii-* ti. . �� }' �C'�►� 14��1,�:� �� . j r`. +: r . h.a :) �. , 'f�.�},� �a��;j* . ,. 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K J _ -� � . , ._ - + ..,. *, .�. t� �. "c• �_;��: �1�� '1F !�"�4.�'`�� .. = - . , . `_ � ��r,._ k � � � . Y .. : .�e�� t�{i.�,� ..,,e `- . - ,' . � � �{s �.,_ r ,. _ . -. � . „ � �- .., t:.�;� :_t:. << �� '� � tC.._.. a.. „ - , , . ; �_._,....� �_. - .,1"". ... . _._. -..�...� . .�. .- . �I�. ,;. . .. ._, .... ., � •.�l� - . ... . � .. � .. ...:� .: Monarch Consulting Arborists LLC- P.O Box 1010, Felton, CA 95018 831.331.8982- rick@monarcharborist.com Page 6 of 12 1i1+M/ `r+� 10501 Florence Drive, Cupertino Oak Tree Assessment July 1, 2015 B2: Black oozing from stem possibly Phytophthora sp. ___ _ ____. M�"n �� . ;: �M�i? �' 1 �f �. � , *�F •' " �� x � f e� _ ,1► - ; �+ •. <� � � � a:y nw.,. , a �- � : , ,�. .. ,� � .� . P, ' � y�, 5} �iYµ ` `V� + k�. F � �� „s ,� � � , ��.Sr�`� !�� - * F �*'' � ;�" . < A " ,.�„ ""- j � t, "�"' .,� l�,;'^s` -i`� • a �� . '� � 'y. w �� .�t �� . _: . 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", a ��s �� .n�r �,�:_ � ,��y ' . y , ,`' � . .��,��,, '' f, � t`<..,'� ��,+��s.�'�',�-': - ��:� �` � , �', `�!�` Y�;� �.�, ' _� �„ � �`".. �y � ��'rr` � . : , � . �;;' , � � �.. � � h' �� I '� *¢;�' }�, � � �Y.} . ��.. ��.:� � .� . 1 � '" �� ' � �'� v" ,� ' �,�,`� .�� ; � '� �;r, .` ,�''�'� - ,. � . - . , , . - �t r ^�. � �... � < � . �+ ��. �� _ ��;� � �° , � ,�,` ''� � . , :�� " ` ,. ,��: i�� r: > �: `y,. I « . . t � � � �a ' � �: � *��`� �'�. �� y� ;� � , �� '#�� . .�a� x .; � /I`,/ • • • �• � � i� � � • � � � i `\_ i 'i�i • �• • �.1' i • 10501 Florence Drive, Cupertino Oak Tree Assessment July 1, 2015 Appendix C: Replanting Plan The City of Cupertino requires one 36 inch box tree to be planted. The tree should be planted in the front of the property because the back yard is already heavily forested. Below are my recommendations for species to be planted. Because the front faces southeast a deciduous tree will be better suited for the location. Valley oak(Quercus lobata)- if turf is to be removed Deciduous Big leaf maple (Acer macrophyllum) - if turf is retained Deciduous Plant Quality All plants should conform with ANSI Z60.1 Speci�cations for Acceptance of Nursery Trees. Plants should be free of insects and disease, healthy, and structurally sound. Trees should not have been topped or headed back. Support Material Support stakes can be used if necessary but are not advised. Stakes should be two inch diameter and installed with no cross bar and should not contact the main stem. Stakes should be trimmed to the lowest acceptable level as to not interfere with branch growth after installation. Support stakes should be removed after 12 months. Tree ties should be flexible. Two to four inches of untreated mulch, bark or wood chips should be placed underneath the trees to a minimum distance out to the drip line. Mulch should not contact the main stem and should remain a minimum of two inches from the trunk and structural roots. Irrigation Systems and Hardware Use drip irrigation systems for trees and shrubs and avoid watering areas that do not require watering. Drip systems use less water, place water directly onto the root zone, and help reduce evaporation. Check systems regularly and every spring at a minimum for leaks and breaks that could cause water waste. Irrigation emitters should be placed away from the tree trunks and watering should occur both inside the root ball area as well as outside into the parent soil for new plantings. Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982- rick@monarcharborist.com Page 9 of 12 10501 Florence Drive, Cupertino Oak Tree Assessment July 1, 2015 Installation Site preparation should consist of planting pits at lest three times the diameter of the container being planted. The soil should be free of any debris such as rocks, asphalt, concrete, or other construction debris. When planting trees or shrubs in a narrow row it would be best to prepare the entire planting row for installation by rototilling and removing any debris. Install plants two inches above grade and no root ball should be placed below grade level. Check the level of structural roots within the container to determine if soil needs to be removed from the top prior to installation. Circling roots should be cut or teased outward from the root ball. The planting pit should be backfilled with parent soil material and no amendments or fertilizer should be placed in the soil without a soil test. Final Planting Inspection Check Sheet • Are the structural roots at the correct depth? • Is the trunk vertical? • Is a raised ring of soil needed to hold irrigation water over the root ball? • Have codominant stems and dead, weakly attached or broken branched been removed or reduced in length? • Has the tree been lightly mulched without covering the base of the tree or trunk? • Has the tree been watered thoroughly? • Have extra soil, root ball wrapping, pruned branches, and other debris removed form the site? • If the tree was staked, does the guying allow for growth and movement of the trunk? Have provisions been make for timely inspections and removal of the support system? • Are definite provisions made to be sure proper care will be given to the tree? • Does the new owner or maintenance crew understand how important proper future care is to the survival and good health of the new tree? Adapted from ISA Best Management Practices Tree Planting Monarch Consulting Arborists LLC- P.O Box 1010, Felton, CA 95018 831.331.8982- rick@monarcharborist.com Page 10 of 12 10501 Florence Drive, Cupertino Oak Tree Assessment July 1, 2015 Qualifications, Assumptions, and Limiting Conditions Any legal description provided to the consultant is assumed to be correct. Any titles or ownership of properties are assumed to be good and marketable. All property is appraised or evaluated as though free and clear, under responsible ownership and competent management. All property is presumed to be in conformance with applicable codes, ordinances, statutes, or other regulations. Care has been taken to obtain information from reliable sources. However, the consultant cannot be responsible for the accuracy of information provided by others. The consultant shall not be required to give testimony or attend meetings, hearings, conferences, mediations, arbitration, or trials by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services. This report and any appraisal value expressed herein represent the opinion of the consultant, and the consultant's fee is not contingent upon the reporting of a specified appraisal value, a stipulated result, or the occurrence of a subsequent event. Sketches, drawings, and photographs in this report are intended for use as visual aids, are not necessarily to scale, and should not be construed as engineering or architectural reports or surveys. The reproduction of information generated by architects, engineers, or other consultants on any sketches, drawings, or photographs is only for coordination and ease of reference. Inclusion of said information with any drawings or other documents does not constitute a representation as to the sufficiency or accuracy of said information. Unless otherwise expressed: a)this report covers only examined items and their condition at the time of inspection; and b) the inspection is limited to visual examination of accessible items without dissection, excavation, probing, or coring. There is no warranty or guarantee, expressed or implied, that structural problems or deficiencies of plants or property may not arise in the future. Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982- rick@monarcharborist.com Page 11 of 12 10501 Florence Drive, Cupertino Oak Tree Assessment Juty 1, 2015 Certification of Performance I Richard Gessner, Certify: That I have personally inspected the tree(s) and/or the properiy referred to in this report, and have stated my findings accurately. The e�ent of the evaluation and/or appraisal is stated in the attached report and Terms of Assignment; That I have no current or prospective interest in the vegetation or the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved; That the analysis, opinions and conclusions stated herein are my own; That my analysis, opinions, and conclusions were developed and this report has been prepared according to commonly accepted Arboricultural practices; That no one provided significant professional assistance to the consultant, except as indicated within the report. That my compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the client or any other party, nor upon the results of the assessment, the attainment of stipulated results, or the occurrence of any other subsequent events; I further certify that I am a Registered Consulting Arborist� with the American Society of Consulting Arborists, and that I acknowledge, accept and adhere to the ASCA Standards of Professional Practice. I am an International Society of Arboriculture Board Certified Master Arborist� and Tree Risk Assessor Qualified. I have been involved with the practice of Arboriculture and the care and study of trees since 1998. Richard J. Gessner � � � � /% /.,;��' � _ . �._ ;' � / rF ASCA Registered Consulting Arborist� #496 ��„ ISA Board Certified Master Arborist�WE-4341 B � ISA Tree Risk Assessor Qualified Copyright �Copyright 2015,Monarch Consulting Arborists LLC. Other than specific exception granted for copies made by the client for the express uses stated in this report,no parts of this publication may be reproduced,stored in a retrieval system,or transmitted in any form or by any means,electronic,mechanical,recording,or otherwise without the express,written permission of the author. Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982- rick@monarcharborist.com Page 12 of 12 Eschelbeck Home: 10501 Florence Drive Neighbor home North current dead tree � . Chimney �� new Eschelbeck Gerhard&Elisabeth tree 10501 Florence Dr,Cupertino planting area Dead tree removal and replanting July 1,2015 Florence Drive � APPROVAL �S-3/ _ _,; �:un�ber � �.,�, .8-i° �` �., . �...� _ . -. � �..w..._.v _ _ ...__ i__,,: i�auil::.�::f