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ASA-2000-26b1p3pp `rarre Avenue Cupertino, CA 95014 (4p8) 777-p3p8 FAX (4U$) 777-333. Community Develapmeat Department January 2~, 2001 Mr. Ronal Cali 1047 S. De Anza Boulevard Cupertino, CA X5014 SUBJECT: PI,Al~ll'~TING C~MMISSI(~I"~l ACTION LETTER - 26-ASA-00 This letter confirms the decision of the Planning Commission, given at the meeting of~ January 22, 2.001, approving an architectural review of a tree removal and re-landscapit7g plan for an existing shopping center (McClellan Square), according to the enclosed copy of Planning Commission. Resolution No. 6077. Please be aware that if this permit is not used within two years, it shall. expire on January 22, 200. Also, please mote that an appeal of dais decision can be made within 14 calendar days of the decision. If this occurs, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, /~ but Aarti Shriwastava Senior Planner Enclosure Resolution ~o. 6077 ~;:/planning/post hearing/actdonletter26asa00 P'rmfed on Recycled Paler 26-ASA-00 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6077 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING MODIFICATIONS TO AN APPROVED LANDSCAPE PLAN. SECTION I: PROJECT DESCRIPTION Application No.: 26-ASA-00 Applicant: Ron Cali Property Owner: The Cali Real Estate Partnership Location: 10425 S. DeAnza Boulevard SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to modify an approved landscaping plan as described in this Resolution; and WHEREAS, the Planning Commission finds that the changes are beneficial and compatible with the surrounding area; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirement: 1) The trees due to their condition and condition are a hazard to customers, tenants, and property. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the Architectural and Site Approval for the landscape modification is hereby approved; and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 26-ASA-00, as set forth in the Minutes of the Planning Commission Meeting of January 22, 2001, are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT T)FPT 1. APPROVED EXHIBITS Approval is based on Exhibits labeled, and entitled " 26-ASA-00" dated January 22, 2001 including: "McClellan Square Shopping Center Tree Replacement Program" dated December 15, 2000; Arborist Report, Medallion Landscape Management, Inc. dated June 22, 2000; and letter dated August 1, 2000, except as maybe amended by conditions in this resolution. 2. PROJECT SCHEDULE The project shall be completed within one year of approval of this project. 3. PARKING PLAN No more than 10% of the spaces in the shopping center parking lot shall be closed at any given time throughout the tree removal and replacement process. 4. NEIGHBORHOOD AND TENANT NOTIFICATION The applicant shall notify all adjacent neighbors and shopping center tenants regarding the schedule, timing and parking plan for the project and shall include a contact phone number. PASSED AND ADOPTED this 22"d day of January 2001, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: /s/ Steve Piasecki Steve Piasecki Director of Community Development APPROVED: /s/ Patrick Kwok Patrick Kwok, Chairperson Cupertino Planning Commission G:\Planning\PDREPORT\RES\26-ASA-00 res.doc arrsovni. ~-1,1~R -n D .,,.... ~..r. Planiaing Connulislnu ~jv~ " 1 I Signature _~,~~~(~'~~»» Gia ~lunu<<: MC CLELLAN SQUARE SHOPPING CENTER TREE REPLACEMENT PROPOSAL AUGUST 2000 PROPERTY DESCRIPTION AND HISTORY McClellan Square Shopping Center is a 26 year old neighborhood shopping center located at the northwest corner of the intersections of McClellan Road and De Anza Boulevard in the City of Cupertino. It was developed by the Cali family in 1973-1974 on a former apricot orchard which had previously been farmed by the family. The property consists of 7.117 acres of land and contains 76,630 square feet of leaseable space. There are long term leases in place with major tenants Albertsons Markets and Longs Drugs, and moderate length leases in place with Boston Market and Hollywood Video. The in-line shop space located directly adjacent to and south of the Longs Drugs space comprises 12,370 square feet of space, all of which is leased on a short term basis (10 years or less) to local, "mom and pop' (i.e. small owner/operator) types of tenants. The property has enjoyed low vacancy rates over the years, but, because of its age and design, is not able to achieve the higher end market rents seen in other, newer properties in the City. The property remains profitable, however, due to its low leverage and longevity of ownership. LANDSCAPING The property has maintained its original landscaping design over the years, with subtle changes such as replacement of ground covers and incidental shrubs occurring as required to maintain the property's appearance. The original landscape design called for a mix of eight species of trees to be planted on the property, the most notable examples being Flowering Pears, Brazilian Pepper, Silk Oaks, Magnolia and Red tronbark Eucalyptus. All trees have been maintained by professional arborists over the life of the center, and all species have grown well on the property. PROBLEMS ARISE' As the landscaping has matured, one specific species of tree has presented numerous problems. The Red Ironbark Eucalyptus (Eucalyptus sideroxylon) specimens have become so large and weakened that they now pose a threat to life and property through major limb failures (Please see accompanying arborist's report for further detail). The trees are planted in close proximity to vehicular and pedestrian traffic, so that any limb failure presents the possibility of injury or property damage. The trees have advanced from cause-related failure (high winds and storms) to random failure (sunny, calm weather). The most notable failure occurred on Saturday July 15, 2000, when a 30 foot, 400 Ib. branch fell without warning and struck three (3) customer vehicles, resulting in extensive property damage. Coincidentally, the property owners had already commissioned the arborist's study and were in the process of putting their replacement program into place when this major failure occurred. REPLACEMENT PROPOSAL In light of the previous discussion, it is quite obvious to the property owners that replacement of the Eucalyptus sideroxy/ons has become a necessity for the protection of their tenants and customers. Taking into consideration the fact that the removal of seventy-seven (77) trees at one time would give the property the appearance of having been "clear cuY, the owners would like to propose the following plan to the City of Cupertino: 1. The trees will be removed over a three (3) year period, with the most dangerous specimens being removed first. 2. The phased removal will occur over the entire property, so that, where possible, groves of 2 or 3 trees will have only one removed each year, thereby minimizing the perception that the property is being denuded. 3. The consulting arborist has provided the owners with a list of recommended trees (please see attached letter). The owners, after receiving approval from the City, would replace each removed tree with an area-specific recommended specimen. Where possible, mature specimens will be replaced with 48° box specimens. Where limited by planter size (several strips and islands wilt not support the 48" box}, the owners will use either a 24' box or 15 gallon size, whichever will offer the most mature specimen. 4. Upon approval of the initial conceptual plan, the owners wiil submit acolor- coded phased removal site plan, indicating which trees will be removed in which year. SUMMARY The owners of McClellan Square shopping center realize that a potentially dangerous situation exists on the property due to the size and fragility of seventy-seven Eucalyptus sideroxylon trees. After engaging the services of a consulting arborist, the owners are seeking approval from the City of Cupertino to approve a three (3) year phased removal and replacement plan. Because of the unpredictable nature of major limb failure, the owners would like to commence work on the project as soon as possible. ~~' 1Vledallion Landsca~ie Management, Inc. ,r«,, A REPORT ON SELECTED TREES AT McCLELLAN SQUARE 10497 SOUTH DEANZA AVENUE CUPERTINO, CA APPROVAI. ~~~D"A~A ~Q- P/annlnr Coutmlrslnn rya SiymaUtce ~~"""- L'~(K'~YNY~f: Prepared at the request of: George Vaughan Medallion Landscape management, Inc. Report # 06.00.02 Site Visit by: Brock Lindsey June 22, 2000 125 :V. 271k tilrrrl, San farv, C.-1 951!( • 931 /ierrhtttittn Cirt•Ir #9. I'ar~hvt~n. C,~t 99533 ® ~~-• (•1ON12-1J•i0lli Ivir(•lOb')Zf9.77X9 I-300.940•~LiLMl ~,~ a'°" CartL Lft: #C2i-i 1323•f !'(: l.ir: ii50!/,Y-f Crrt.:IrlMri.cl W(: !•J5i ARaORIST REPORT FOR AtCCLELr.Ah oQUAIiC-, CUPr8TIN0, Cn Page I of 7 1rf:J E 26. 2000 Assignment: At the request of George Vaughan, Medallion Landscape management, lnc. this report reviews the health and viability ofseventy-seven Red Ironbark Eucalyptus throughout the property. This report further provides recommendatioru on replacement trees. No other trees were examined for this report. Summary: There are Seventy-seven Eucalyptus sideroxylort, Red Ironbark Eucalyptus planted in parking lot islands and landscape areas adjacent to pedestrian and vehicle traffic in a commercial shopping center. The trees are listed here in order of size, based on Diameter at Breast Height (DBH). Tree # 7 33" DBH Tree # 15 23" DBH Trees # 22, 33 20" DBH Trees # 3, 59, 61 18" DBH Trees # !, 17, 20, 28, 41, 44, 48, 52, 55 17" DBH Trees # 37, 50, 51, 53, 54 16" DBH Trees # 2, 4, 10, 27, 36, 38, 39, 45, 58, 68 15" DBH Trees # 6, 14, 23, 30, 32, 57, 62, 70, 73 14" DBH Trees # 5, 19, 25, 31, 34, 35, 43, 46 13" DBH Trees # 21, 24, 29, 40, 49, 56, 63-65, 69, 76, 77 12" DBH Trees # 9, 16, 71 1 I "DBH Trees # t 1, 42, 60, 66, 75 10" DBH Trees #12, 26, 72 9" DBH Trees # 47, 67, 74 8" DBH Trees # 8, 13 7" DBH Tree # 18 5" DBH Observations and Discussions: For the purpose of this report, all trees can be considered as a group. All of these trees ofsignificant size have been topped in the past. Topping pruning cuts promote decay, causing new branch attachments to be very weak. As the new branches grow to replace the lost canopy they become heavier, exerting greater force on an already weak attachment, Moreover, The Red Iron Bark Eucalyptus is known for its narrow, and consequently, weak branch attachments that are very prone to failure as can be seen by the past branch failures on the site. The combination of this tree's predisposition to grow weakly attached branches, and the previous pruning techniques of topping these trees has created an unpredictable and hazardous environment for the unsuspecting public that visits this shopping center, These trees have a very high potential for large limb failures onto pedestrian sidewalks, payphones, parking lots and buildings that could prove catastrophic. This is a liability that should be mitigated by removing and replacing these trees with a species less prone to failure and more suitable for this site and climatic region. AItBOftIST REPORT fOR MCCLELLAN SVUARfl, CUPERTINO,CA Page 2 of 7 JUNE :6.2000 Recommendations: Remove and replace Seventy-seven Red [ronbark Eucalyptus for public safety and liability. Replacements: Due to the very narrow planting area and encroaching overhang of the existing structure no trees of great stature shou Id be selected for this location. Replacement trees will be ! 5-gallon size due to the narrow planter strip. The following trees will match the existing palette and make suitable replacements based on their growth habit and smaller stature: Pyrus calleryana 'Capital' Flowering Pear Schinus terebinthifolious Brazillian Pepper Respectfully Submitted . _~ , ~` Brock Lindsey Certified Arborist WC-3688 Enc.: Assumptions and limiting conditions Map of existing tree locations Photographs of trees proposed for replacement ARRORIST REPORT FOR MCCLELLA:..,QUARE, CUPERTINO, CA Page 3 of 7 IIJ:VE =6,:000 ASSUMPTIONS AND LIMITING CONDITIONS I. Any legal description provided to the Arborist is assumed to be correct. Any titles and ownerships to any property are assumed to be good and marketable. No responsibility is assumed for matters legal in character nor is any opinion rendered as to the quality of any title. 3. It is assumed that any property is not N violation of any applicable codes, ordinances, statutes, or other governmental regulations. 3. Care has been taken to obtain all information Gom reliable sources. All data has been verified insofar as possible; however, the Arborist can neither guarantee nor be responsible for accuracy of information provided by others. 4. 'Ihe Arborist shall not be requved to give testimony or to attend court by reason ofthis appraisal unless subsequent written arrangements are m ade, including payment of an additional fee for services. 5. Loss or removal of any part ofthis report invalidates the rntire appraisaUcvaluation. 6. Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person(s) to whom it is addressed without written consent of this Arborist. 7. Neither all nor any part of the contents ofthis report, nor copy thereof, shall be used for any purpose by anyone but the client to whom it is addressed, without the prior written consent of the Arborist; nor shall it be conveyed by anyone, including the client, to the public through advertising, public relations, news, sales or other media, without the written consent and approval of the author; particularly as to value considerations, identity of the Arborist or any professional society or institute or to any initialed designation conferred upon the Arborist as stated in higher qualifications. 8. This report and the values expressed herein represent the opinion of the Arborist, and the Arborist's fee is in no way contingent upon the reporting of a specified value nor upon any finding to be reported. 9. Sketches, diagrams, graphs, photos, etc. in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering repons or surveys. 10. This report has been made in conformity with acceptable appraisal/evaluation/diagnostic reporting techniques and procedures, as recommended by the international Society of Arboriculture. 11. When applying any pesticide, fungicide or herbicide, always follow label instructions. l2. No tree described in this report was climbed, unless otherwise stated. We cannot take responsibility far any defects that could only have been discovered by climbing. A full root collar inspection, consisting of excavating the soil around the tree to uncover the root collar and major buttress roots, was not performed, unless otherwise stated. We cannot take responsibility for any root defects that could only have been discovered by such an inspection. 08/01/2000 11:23 40. ,6757 MEDALLION L~_ .,..,:APE PAGE 01 `40.p•A V E R/I~'J' Medallion Landsca~be Management, Inc. '~lM 1 August 1, 2000 Ron Cali Cali Fituulcial P.O. Box 1389 Cupertino, Ca 95015 Re: Mc Clellan Square Trees Ron, nrraovAi. ENi' -~/ plotudrt~ Conunlsslrtu _~~~ w. Signature ~~ Cu• Alu•u<<: Hera is a list of recommended trees: For tight spots with little room to plant Pyrus calleryana'Capitol' Schiaus terebinthifolius F'runus caasifera `ICrauter Vesuvius' Far areas with room for large canopy Plantanus acerifolia `Bloodgood' Celtis sineosis Ater tubEUm 'Red Sunset' Ginkgo biloba Magnolia grandiflora Quereus agrifolia The above mentioned trees should require a lot less ptutling over the years than what you havo been used to in the past. If you have arty questions, please give me a tall. Sinter ]y, George Vaughan Certified Arborist ayWC 1457 GV;mc 12J N. 27th Streer, Sa» Jota CA 9JT I6 X31 Buchanan Cfrdt >r4, Parlurn, Cr1 9fS33 ~--. (408) 2f9~7007 Fox (~r08) 24x7784 1-800.4~o.MLM7 `+(~ (',ono Lie MC27Ji323~ PCLic. MJt71784 Cat ArBo.itt WGT437 McCLELLAN SQUARE SHOPPING CENTER TREE REPLACEMENT PROGRAM DE ANZA BOULEVARD @McCLELLAN ROAD CUPERTINO, CALIFORNIA ARCHITECT: STOWERS ASSOCIATES ARCHITECTS, INC. 15495 LOS GATOS BLVD. Los Gatos, CA 95032 (408) 358-5488 (408) 358-5490 (Fax) Contact: Greg Stowers, AIA OWNER: CALI FINANCIAL P. O. BOX 1389 CUPERTINO, CA. 95015 (408) 973-9200 (408) 973-1709 (Fax) Contact: Ron Cali ABBREVIATIONS SHEET INDEX • •rr fJ. lgrr•w/ Wi. b' ~ At.O TIM B.M !~ a [w/YYn r4. !lam pr Iuc nary 4r'~i.cw •+.Y.w •cpa. • ~ nYw rw Irwrrr im •w LANDSrIPE •p r II~LR l~l.,Y, MTI. •opt A/••~Y~j,•Y [~ ImYY M.tiw VR •~ r Lt.t EIUSTING LANDSCIPEATRD: AEINIJAI PIN! !o !•r n n>rR•cT. p~r/Y! L2.1 TREE REPLACEMENT 9TE PINT ur. •1.... iwe i w.,ar w I.:./.r.. nr- ~rrr •ww w/ p/../ a. is i~ro~.Y pjLm •V1iY AT M•~ Ni C. IYrtrrd R' TM//Yr """' `•` T~/~' VICINITY MAP i • /m I•. ~ M rOp~ I MO r/ Nrr MOA : M~IY/rr lM ~ ~ lrwY•p Il. ry6NIw RI/. Nrfi p•r T TYe/ Th. /nlr. prfYl /~ ~ ~~ r• nY H.w. rcr. IH rwc ~ IY r e..rr cp. orr~. Prwpopl Yn op+ OR urr0/r.Y NY/ ulll rY e.T v~r,ww...~n veRT ca •.w , r~l RA•a rw• olYO urY•• _ Yen C!R nuaa rlr..w~ io oM/.p~ Y)l. Yr/Yr IYr _ 1 .°Yrr r~nYnT. i~Y~cr ~c w~+~nr tt0. CYrir~ T. I/r r/.r Mt ApM Ror Yp... aR ctt°. c°...°r..n cage. c..+l. a~ err.... cr.rs. coI~TR ..ws, crw.. n+ni _ cM Wn Op~Ir MMIy/ am. orw a./T. a.rr.. •, pY.pII.,YYM, SCOPE OF WORK: I SCOPE OF WORx CONSISTS OF REMOVING A TOTAL Cf 77 TREES, APPRCOIIMATELY ONE T1IRD EACH YEAR FOR THREE TFARS, AND IIEPIACING FAQ7 TREE AS IT IS 0.EMOVED WITH ANOTHER TYPE. THE TREES BEING REMOVED ARE ALL EUCALTPTl15 AND ARE CONSIDERED HAZARDOUS, DUE TO iHE1R SITE, AGE AND CONDITION. arr oY: p~.M ws. orpiM a o...r r. orr~.. a/. •... •.. arrre of o.~n.rrl •/. o~wa o-.... a 0..+1~/ o•A. a.r ur+//. owo ~rrr L. !// ~ [.Y•.l IA YrYI rUY1 Ipp1 •°""». /: e:.Y. p.Y. b ar an •Y/.Y+ Nc ~~ o.°. »~ ~"~ r T .rr1 ~a ~ d..l. pro. plu. YYIrr• IM•n I •oa ~.r rY. w or i i n.!•.. w LYM•r1 ur. u.r.1 ,~: lJ. IYw/W /R RAN R nYY•Yr w• R0. R,yio/.r• Y°. 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Q O Z g w J U U DE ANZA BOULEVARD TREE REPLACEMENT SITE PLAN 12~ ra r • • ARb.rEr I.rEr. / .1 SI~fl2:!II~ C+En AbnmC , NORTH yU G (j~ f•~E pU~ dt rYl u V w e R e a ~ ~~ d U ~ .7 ~ ~j U ¢Y ~~ Z as a~ {' = W K m o~~E N U > ~~g~- a o~ ~~g ~ ~c 1(WyC ~ ~ ~ C~DU 1Z 151W0 .fiYl Yt. ~ L2.1