TR-2015-38b DEPARTMENT OF COMMUNITY 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 • planningCu?cupertino.or�
August 25, 2015
Maxine Becker
10400 Phar Lapp Drive
Cupertino, CA 95014
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2015-38
This letter confirms the decision of the Director of Community Development, given on August 25, 2015
approving a Tree Removal Permit to allow the removal of_1_hazardous, 63-inch in diameter Live Oak
tree, located at 10400 Phar lapp Drive and replace with_1J 36-inch box Maple tree.
Staff has made the finding that the hazardous tree within the R1 zoning district, 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 of
the Protected Trees Ordinance.
The application is approved with the following conditions:
1. APPROVED PROTECT
This approval for tree removal is based on information provided by the applicant on the application
form and the attached site plan (Exhibit A). Approval is granted for the removal of 1 hazardous tree
indicated for removal on the property. Approval has not been granted for the removal of any other
Protected Trees.
2. TREE REPLACEMENT
The required replacement tree is _1_ 36-inch box Maple tree to be planted on the subject property
within 360 days of tree removal. 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 ensuring 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 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(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,
/S/
Tiffany Brown
Associate Planner
(408) 777-1356
Tiffanyb@cupertino.org
Enclosure: Removal and replacement plan
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Joshua O. Fengel
ISA Certified Arborist WE-7612A
azerotree�amail.com
408-512-0309
ARBORIST REPORT
Prepared by Joshua Fengel, ISA Arborist WE-7612A
Site: 10400 Phar Lap Drive, Cupertino, CA. 95014
Owner: Maxine Becker
Email: imsabecker(c�comcast.net
Date: Site surveyed August 7, 2015 - Report completed August 8, 2015
On August 7th, 2015, a site visit was made in order to evaluate the potential cause of
structural failure of one live oak tree;this tree is labeled tree #1. Tree #1 is located at the west
edge of the residence.
As viewed, this live oak (Quercus agrifolia) appeared to be in fair/poor health with an
average to low LCR (live crown ratio) normal to chlorotic foliage color and uneven foliage
distribution. From previous photos, the height of tree #1 likely stood 50' with a crown-spread of
45'. The co-dominant trunk was measured at 63" (diameter at breast height).
On August 3rd, the southward-facing trunk failed structurally, leaving the north-half of the
tree, intact. With the inner portion of the root crown exposed, signs of significant decay can be
observed; many of the buttress roots have a spongy consistency and have completely decayed,
possibly predisposing the remaining portion of tree#1 to failure. A large bark ridge is present
between the two stems, indicating significant stress and subsequent compartmentalization over
a long period of time. Many of the lower scaffold limbs appear to be affected by the decay
present_in the below-ground portion of the tree; sparse foliage, dead limbs and fruiting bodies
are present, creating a potential hazard. Much of the standing stem leans over the driveway and
garage area; a high target zone.
With the significant risk that this tree poses to people and property, the best option is to
remove tree #1, as soon as possible, and replace with one 24" box live oak tree, or a suitable
replacement tree, as per city of Cupertino replacement tree requirements.
RESiDENCE
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