DIR-2007-24b
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council members
Chairman and Planning Commissioners
From: Steve Piasecki, Director of Community Developm~
Prepared by: Colin Jung, Senior Planner
Date: March 17,2008
Subject: Director's Minor Modification, DIR-2007-24, to modify an approved tree
removal permit, TR-2006-09, to retroactively approve the removal of a 20-inch
diameter Coastal Redwood on the Mariani Avenue side of an office building
under construction at 10495 North De Anza Boulevard.
Chapter 19.132 of the Cupertino Municipal Code allows for administrative
approval of minor changes in a project. The Director reports his decision
to the City Council and Planning Commission in time to allow an appeal
of the decision within fourteen calendar days.
BACKGROUND:
In 2006, the applicant, Karen Ngo, applied for a tree removal permit/file no. TR-2006-09,
in conjunction with other development applications to entitle the construction of a 3-
story office building and 2-level parking structure at 10495 North De Anza Boulevard
(the former Any Mountain Retail site). The project and tree removal permit were
approved by City Council that same year. Tree no. 51, a 20-inch diameter, Coastal
Redwood abutting Mariani A venue (Exhibit A) was not proposed for removal because
the applicant believed there would be adequate undisturbed space to preserve the tree.
Field conditions during construction proved otherwise and the redwood was removed.
DISCUSSION:
Construction plans indicated that the tree would be too close to the approved driveway
and the construction of the driveway would end up severing the root system on the
west side of the tree (Exhibit B). The root system had also uplifted the sidewalk of the
south side of the tree and a new sidewalk section was required by City staff. The roots
would have had to be ground down to accommodate the sidewalk, which would have
further weaken the tree. Proposed underground utility lines would sever the roots on
the east side of the tree. These utility lines could have been redesigned but at a
significant development cost.
Given the significant removal of the root system for a tree already in marginal health,
staff felt it prudent to approve the tree removal, rather than retain a likely hazardous
tree.
DIR-2007-24
10495 N. De Anza Blvd.
Page 2
tree.
The Protected Tree Ordinance requires tree replacement mitigation of two 24-inch box
trees for the removal of a 20-inch protected tree. Staff has already required those
replacements and they are planted in the front landscape area.
Action:
The Director of Community Development deems the modification minor and approves
the request per Exhibit A: Tree Map.
This approval of the modification is effective March 17,2008. The fourteen calendar
day appeal period will expire on April 1, 2008.
Enclosure:
Exhibit A: Tree Map and Excerpt from 2006 Tree Report
Exhibit B: Tree Letter dated 6/12/07 prepared by Walter Levison
G: \ Planning \ PDREPORT\ DIRreports \ 2007\ DIR-2007-24.doc
2
~lb Walter Levison
r CONSULTING ARBORIST
EXHIBIT A
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ASCA Re istered Consulting Arborist #401
ISA Certified Arborist #WC-3172
10.0 Tree Map (use scale bar to scale off this sheet)
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Trees to be removed as per the above map include trees #1, 6, 33, 34, 35, 36, 37, 38,
39, 40, 41, 42, 47, 48, 49, 50, 52, 53, 54, 55, and #56.
Due to the scale of this map, the chain link tree protection fencing routes are not
shown.
Site Address: 10495 North de Anza, Cupertino
Walter Levison@ All Rights .Reserved
Version 5/12/06
.Phone/Fax (650) 697-0990
Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture
27 of31 DI,e-~7-~4
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ASCA Registered Consulting Arborist #401
ISA Certified Arborist #WC-3172
~S :;~ Health & Overall
Tree ~~~~ ~ a; @ci Common Name J Height! Structure Condition NOTES ON CONSTRUCTION IMPACTS,
# ~i~~ ~~:< Scientific Name Spread Ratings Rating PROTECTION REQUIREMENTS, HEALTH
D:5 i5"fi (ft.) (0-100% (0-100%) AND STRUCTURE.
.5 each)
Coast
redwood 57% One codominant mainstem was removed at 1-
44 16.3 Sequoia 65/25 60/55 Fair foot above grade. Lower 6-ft of trunk is S-
formation.
sempervirens
Coast
45 17.8 redwood 65/25 40/40 40%
Sequoia Poor
sempervirens
Coast
redwood 65% One codominant mainstem was removed at 1-
46 14.2 Sequoia 60/25 70/60 Fair foot above grade. Apical meristem appears to
sempervirens have split out No scaffolds extend westward.
Coast 25%
47 X 18.9 redwood 60/20 25/25 Very Poor live twig density and extension.
Sequoia
sempervirens Poor
Coast 25% Poor live twig density and extension. Note that
48 X 25.7 redwood 65/25 25/25 Very root crown is buttressed but with no lateral
Sequoia roots visible. Root crown is well above the
sempervirens Poor existing sidewalk finish grade elevation.
Coast
redwood 50% Note utility box is cracked on north side of root
49 X 14.7 Sequoia 55/20 SO/50 Fair crown, probably due to root elongation and
sempervirens expansion.
Coast
50 X 12.8 redwood 35/12 SO/50 50%
Sequoia Fair
sempervirens
Coast
51 20.2 redwood 55/30 60/50 55% One codominant mainstem was removed at 3-
Sequoia Fair feet above grade on east side of tree.
sempervirens
Coast
52 X 15.0 redwood 40/20 60/60 60% Root expansion and elongation causing
Sequoia Fair sidewalk heave on north side of trunk.
sempervirens
Coast
redwood 70% Open soil root zone is adequately large for
53 X 23.1 Sequoia 60/25 70nO Good decent root extension and soil moisture
retention.
sempervirens
Coast
54 X 10.8 redwood 35/18 65/65 65% Partially shaded by tree #1 canopy.
Sequoia Fair
sempervirens
Site Address: 10495 North de Anza, Cupertino
Walter Levison @ All Rights Reserved
Version 5/12/06
Phone/Fax (650) 697-0990
Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture
25 of 31
D R -~7-a~
DIR~CTOR~ APPROVAL
DATE: ~ '1 'O~{) _
SIGNATURE:
~ COM
. DIR.
~Jb Walter Levison
r CONSULTING ARBORIST
EXHIBIT B
ASCA Re istered Consultin Arborist #401
6/12/07
ISA Certified Arborist #WC-3172
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~~~NAT~~u~~. CIR.
Sand Hill Property Company
Attn: Karen Ngo and John Yu
RE: Tree #51
10495 N De Anza Blvd.
Dear Ms. Ngo and Mr. Yu,
Tree #51, a 20-inch diameter coast redwood specimen, will require removal at this time due to the
location of the mainstem (trunk) in very close proximity to the proposed driveway apron and
various proposed utility trenches. The distance of the proposed driveway apron will violate the
minimum required Mattheck and Hayes root plate radius thresholds (two separate protocols) on
the west side of the tree. The underground utilities will severe the tree's root system on the east
side of the tree at similar distances.
The subject tree has been uplifting the existing sidewalk slab materials. The root system and
underground bud burl ("Iignotuber") cannot be severed on this sidewalk side (Le. north side) of
the tree without causing severe decline in health and structure.
The subject tree is the sole remaining coast redwood in this central northern edge of the property.
Redwoods #43,44, and #45 remain to the west, and trees #57 and #58 remain to the east.
Per the author's original arborist report written in May 2006, the tree stood 55-feet in height with a
total canopy spread of about 30-feet diameter. The health and structure ratings at that time were
60% and 50% respectively, giving the subject tree an overall condition rating of 55% or "Fair".
Sincerely,
Walter Levison
Assumptions and Limiting Conditions
Any legal description provided to the consultant/appraiser is assumed to be correct. Any titles and ownership to any
property are assumed to be good and marketable. No responsibility is assumed for matters legal in character. Any and all
property is appraised and evaluated as through free and clean, under responsible ownership and competent
management.
It is assumed that any property is not in violation of any applicable codes, ordinance, statutes, or other government
regulations.
Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible;
however, the consultant/appraiser can neither guarantee nor be responsible for the accuracy of information provided by
others.
The consultant/appraiser shall not be required to give testimony or to attend court by reason of this report unless
subsequent contractual arrangements are made, including payment of an additional fee for such services as described in
the fee schedule and contract of engagement.
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6/12/0710495 N de Anza Tree #51 Disposition
Tel + Fax 650 697 0990
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ISA Certified Arborist #WC-3172
ASCA Re istered Consultin Arborist #401
Unless required by law otherwise, the possession of this report or a copy thereof does not imply right of publication or use
for any other purpose by any other than the person to whom it is addressed, without the prior expressed written or verbal
consent of the consultanUappraiser.
Unless required by law otherwise, neither all nor any part of the contents of this report, nor copy thereof, shall be
conveyed by anyone, including the client, to the public through advertising, public relations, news, sales, or other media,
without the prior expressed conclusions, identity of the consultanUappraiser, or any reference to any professional society
or institute or to any initiated designation conferred upon the consultanUappraiser as stated in his qualifications.
This report and any values expressed herein represent the opinion of the consultant/appraiser, and the
consultant's/appraiser's fee is in no way contingent upon the reporting of a specified value, a stipulated result, the
occurrence of a subsequent event, nor upon any finding to be reported.
Sketches, drawings, and photographs in this report, being intended for visual aids, are not necessarily to scale and should
not be construed as engineering or architectural reports or surveys unless expressed otherwise. The reproduction of any
information generated by engineers, architects, or other consultants on any sketches, drawings, or photographs is for the
express purpose of coordination and ease of reference only. Inclusion of said information on any drawings or other
documents does not constitute a representation by Walter Levison to the sufficiency or accuracy of said information.
Unless expressed otherwise:
information contained in this report covers only those items that were examined and reflects the conditions of those items
at the time of inspection; and
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 problems or deficiencies of the plants or property in question may
not arise in the future.
Loss or alteration of any part of this report invalidates the entire report.
Arborist Disclosure Statement
Arborists are tree specialists who use their education, knowledge, training, and experience to examine trees, recommend
measures to enhance the beauty and health of trees, and attempt to reduce the risk of living near trees. Clients may
choose to accept or disregard the recommendations of the arborist, or to seek additional advice.
Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Tree are living organisms
that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborist cannot
guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial
treatments, like any medicine, cannot be guaranteed.
Treatment, pruning, and removal of trees may involve considerations beyond the scope of the arborist's services such as
property boundaries, property ownership, site lines, disputes between neighbors, and other issues. Arborists cannot take
such considerations into account unless complete and accurate information is disclosed to the arborist. An arborist should
then be expected to reasonably rely upon the completeness and accuracy of the information provided.
Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to
eliminate all risk associated with trees is to eliminate the trees.
Certification
I hereby certify that all the statements of fact in this report are true, complete, and correct to the best of my knowledge and
belief, and are made in good faith.
Signature of Consultant
6/12/07
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6/12/0710495 N de Anza Tree #51 Disposition
Tel + Fax 650 6970990