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TR-2015-25b DEPARTMENT OF COMMUNITY DEVELOPMENT CITY 1-IALL 10300 TORPE AVENUE • CUPERT'INO,CA 95014-3255 ��p�R-t-��a (408)777-3308 • FAX(408)777-3333 • plannin 7c��, �cu��ertino.or� October 6, 2015 Commercial Tree Care Attn: Christa Huffman 2025 Stone Ave. San Jose, CA 95052 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application T1Z-2015-25 This letter confirms the decision of the Director of Community Development, given on October 6, 2015 approving a Tree Removal Permit to allow the removal and replacement of 3 protected trees in a Planned Residential Development, located near 11032 Firethorne Drive, 20579 Cedarbrook Terrace and 11097 Flowering Pear Drive. Staff has made the finding 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 modification of the structure or utility services, therefore no additional conditions were placed in accordance to Cupertino Municipal Code. This finding is necessary to grant the tree removal permit in accordance with Section 14.18.180 (A)(1) of the Protected Trees Ordinance. Staff received an inquiry requesting information about the health of one of the trees. Staff shared the conclusions and recommendations made by the arborist which addressed the resident's request. No additional comments were made and no additional conditions were placed. The application is approved with the following conditions: 1. APPROVED PROTECT This approval is based on the arborist report prepared by Kevin Allen (#WE-5190A), dated September 10, 2015, consisting of three pages; and a site plan, except as may be amended by conditions in this resolution. 2. TREE REPLACEMENT The required replacement tree is six (6) 24-inch box trees (New Bradford Pear and Crape Myrtle 'Tuscarora') to be planted on subject property. If it is determined that it is physically not feasible to plant the required replacement tree the applicant may pay in-lieu fees determined to be appropriate by the Community Development Director. The replacement tree shall be planted within thirty (30) days of the tree removal. The applicant shall provide the Department of Community Development Tree Removal Permit Action Letter Page 2 TR-2015-25 adequate documentation, including but not limited to photographs, receipts or invoices, to verify that the replacement trees have been planted. 3. PROTECTED TREE The applicant understands that the replacement tree 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. T`he 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, ti Ellen Yau Assistant Planner (408) 777-1360 elleny@cupertino.org Enclosure: arborist report, site plan CC: Yap Fung Y Trustee, 11032 Firethorne Dr., Cupertino, CA 95014-0444 � � "�'' Commercial Tree Care A Rhino Enterprises Company 2025 Stone Ave SanJose,CA. 95125 s"� Office: (408) 985-TREE (8733) Fax: (408) 985-6536 , Arbor Report September 10, 2015 Bob Soares �:: : _. . °! �.,��,.. �'"��s , :�;�r Community Management Services �__ � 1935 Dry Creek Road, Suite#203 ...,.v. .__ _ /� � .-/� _... . .. Campbell, Ca. 95008 f, ._ _ � . : �, d Re: Justification Statement @ TR-2015-25 Dear Bob, Observations: "A"—Golden Rain Tree, Koelreuteria paniculata (1) "Diseased" at 20579 Cedarbrook Terrace The Golden Rain Tree that is 35 feet tall x 25 feet wide x 56 inch Circumference tree is in decline due to poor growing conditions & disease. This Tree is past its prime and is growing in a small 8 foot x 10 foot planter. It is essentially root bound and can not grow any longer. The base of trunk shows heart rot that has entered into the basal flair most , likely due to poor growing space & constant lawn watering. The canopy partially leafs i out every spring but by summer the tree quickly loses 50% of the upper canopy foliage. ' Overtime this has weakened the tree. In its weakened state the tree has become a liability for the homeowner &neighboring residences due to the occasional limb failure. �, , °. ,." � �� r }� = �A`'� y -` � �� `� � ;�i�h � ..k yy`" � t � /"•1 �A�' //"�" �A.� ,[� d'h Y,�p}�� f•�-�;� �j {1�' �-t�� / ``. � ' `y�'�T { yF t�Y"Y � Yr l -; / - '�' �f .fi��.�YY .. + . � � . .,�A4� �d . _ , �.��a 2.�^ ��lee�' �� . '�'-:..:� . Z �1 t � `4.1� t, .. �K �."f � 4�y ; �'� �jjj7 ,f� �� :. �� x }�.F'�� ,T. ' "'�' �i-_�� ;:'t � �r�. .�:a 1" I °�x�R`� ..0 . € " YY . � �,� ' ... �3(.�" A �..�.$; � ,� . (.;�' '�'. . 4 r N, . � �- �� s �� .. 1 Yar � 4�� _ � F ,y,�_ '�1��a __ , _ .�� . .. E _h4 .. � ' a.� �,.: . . : . � . '+� ' �. ,�. �.._. �,. . - z ".. � : ,.... � 'ti �---__ "'++s.4� 4 _.. �_.�... `� ' Yr«. j _. .. _ ^�- 'z.._�; �". 5,� l .. :: . : p 4'- j�,-y� �y _ � �i +� __.a.,�,,� �: ' 4 . _ � rM� � �.� . � �;_ � ° *r� _ _:. . �� a.,� � .�_ �.� ��. � - -> 20579 Cedarbrook Terace—Golden Rain Tree � � Commercial Tree Care � A Rhino Enterprises Company 2025 Stone Ave SanJose,CA. 95125 _ Office: (408) 985-TREE (8733) Fax: (408) 985-6536 Arbor Report Page 2 - Observations: "B"—Chinese Elm, Ulmus parvifolia (1) "Diseased" at 11097 Flowering Pear Drive The Chinese Elm that is 35 feet tall x 30 feet wide x 38 inch Circumference tree is in decline due to poor growing conditions & disease. This elm tree is growing in a small 3 foot x 5 foot planter. It is essentially root bound and cannot grow any longer. Due to the trees age and poor growing environment, the tree annually is attacked by leaf&bark fungal disease called Anthracnose. . In its weakened state the tree has become a liability for the homeowner &neighboring residences with frequent limb failures. �.~� � � �� }� 4 T � � ��, '� {� u,�.^.#��^ �� , � � ��,�$' � r_ ��1„,'��t .>�� "'' # � �'#. .;. •,,�`p A� ^� , � ;`} �'. � .� �y `'''� i�� :, �b .. �`,:�R�� „t,�i,.»t� ..!�,,3., § �,9�$ .� ��. _r .„, A y` ��t �� s f: � � $ + ' � . ,�� ?yr��t 7 ,: ? ��r�'�i/� _'i-`A�s �� W �� . _ � -. � �}... 4'�� y�` Y � J �� b�e �.1'1 , �--� � y` � �* �f�� >"� � � %�' ��, �. � � "�. ,#� � ',� � „r�'��'�I��'�' �,;`�' '�;; $ �' � � �" }� -._ '� , � } `�} ,�� {�. �$� ' '• ' 3`� ~�� ' _ J9 t �` ;�� * � a� ,`.x� `�f; h. �,�� ,�s�.M t � ' ' � .�`: J:. �:$��a a s � "� �4 ,e+, � " -` , ,�•E ,,•. . � . r ,j . y� ,� '�' 't �-�% 4� �.*~�k �-'""�3 ��•�� y� �+' � aK�.� -. J '^ .M�i - � �� 'Ir�l,; �� ,. � �s a,�." x �" � — % ��: I 1 � i �' � ' � � � `t� } i. ' � �� . _... .. �� _ . ....,._ �� -.. � _ ._-.__„� ��c...+.�,.�.._,..-._. ,,..�,.'� Y ��'�:<..,. �� _.aW�. 11097 Flowering Pear Drive—Chinese Elm � Commercial Tree Care � A Rhino Enterprises Company 2025 Stone Ave SanJose,CA. 95125 _ Office: (408) 985-TREE(8733) Fax: (408) 985-6536 Arbor Report Page 3 - Observations: "C"—Chinese Elm, Ulmus parvi olia (1) "Diseased" at 11032 Firethorne Drive The Chinese Elm that is 55 feet tall x 50 feet wide x 56 inch Circumference tree is in decline due to poor growing conditions & disease. This elm is past its prime and is growing in a small 3 foot x 5 foot planter. It is essentially root bound and can not grow any longer. Due to the trees age and poor growing environment, the tree annually is attacked by leaf&bark fungal disease called Anthracnose. The canopy defoliates every spring& summer approx. 80 % due to this disease. Overtime the tree has been starved of its ability to produce sugars to prolong its life and fight off disease. Spraying to reduce disease infection has not proven effective. In its weakened state the tree has become a liability for the homeowner&neighboring residences. At some point the tree will fail and shed a large limb over the driveways due to its decline. � � , , �°�,�»' ' � ` .� .:�.�. ,�. "�r"g s r'" s �i+ �" :�� t4' r, � i6�. '=' d a, �.: ''� :; �, t .��. q- � � r '".s'" k� � . � -�\ 'S„ . . .%.+.,., t`��s7� 4�'. � `ra a�+ ��" �� r:' . . ' � ; , .y!�� . , �. _ . � �� ` . � � .f_ � '•, - _ � '� c; : ' ., "! ��: �' ° ��a` �. ,�; �� '%�' t �� tr ' �� "' � �,�r '� b " wa � . `�e y 4'�a' k`;� .rt;x�^ � � ,. . .. �?f-�. ` -:�':"�s � ,� , e �: s�'�;"i^ F ' _ �,5,. '9�� z 4 : _ � ,.; �,.. � �- . �->ki�:'`�". '._, �. , . u�:. � • n.. �-,� , 9-�, . � �`�K�,� 11032 Firctliorne Drive— Chintse elm Canker from Anthracnose—Disease entry point Arborist Conclusion: Due to poor health, age &the high likelihood of limb failure near cars it is recommended to remove these 3 trees. See Replacement Plan for locations: It is also recommended to replace the 3 trees with 3- 24 inch box size New Bradford Pear in keeping with the street tree same specie theme throughout the complex; & 3 —24 inch box Crape Myrtle `Tuscarora' in the common areas where planter spaces are limited &/ Or a flowering tree is needed in the summer for improved site esthetics. Please feel free to contact me with any further questions or concerns. Kevin Allen 1.S.A. Certified Arborist#WE-5190A � � , ��'9 ��,FI��I� $. ��r��c� - �1 r�� :�ir� �.��.��`�:�f�� '�`T�� -��i�� Irrr� � � � W� � �� ,� � ...� � � � _ � �� I � �- A� . �'` � � � . � � - +��i r��+� � � � �t� ; -� � � � �: o �: � s � �� 1` � �1t � � �: Cr m � � � �� ' ��`�� I ; �� .�. ��1� '��