DIR-2005-25b
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To:
Mayor and City Council Members
Chairman and Planning Commissioners
Steve Piasecki, Director of Community Developme~
Prepared by: Aki Honda, Senior Planner
From:
Date:
October 6, 2005
Subject:
Director's Minor Modification, DIR-2005-25, to remove a decaying oak tree
located at 10506 N. Foothill Blvd within an R2-4.25 (Residential Duplex, 4.25
units! gross acre) zoning district.
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.
DISCUSSION:
The applicant, Luis Villa of Charities Housing Development Corporation, proposes to
remove a decayed 36-inch diameter coast live oak tree on property located at 10506 N.
Foothill Blvd. The oak tree is located along the northern property line adjacent to the
fence that separates the duplex property at 10506 N. Foothill Blvd. from the adjacent
duplex property at 10516 N. Foothill Blvd.
The applicant has also submitted a tree inspection report (see attachments) from a
certified arborist, Mark Beaudoin, which states that the arborist inspected the tree and
found that the trunk is 95% decayed at the base of the tree, is leaning toward the entry
and roof of the adjacent duplex property, and has been topped resulting in a number of
weakly branch growths. Additionally, it is noted that concrete fills were previously
placed in the truck and are now resting around and within the trunk cavity. The
applicant states that the concrete fills were placed in the tree trunk by a previous owner
of the property. As a result of the inspection, the arborist recommends that the tree be
removed as soon as possible as it presents a hazard of possibly falling over. The
applicant would like to gain approval so that the tree can be removed prior to the start
of the inclement weather seasons.
Staff conducted an inspection of the property and concurs with the arborist's report of
the condition of the tree. The site is densely landscaped with trees on site; therefore, an
additional tree is not recommended to be planted within the existing narrow side yard
landscaping area of the site. However, staff is requiring that another existing oak tree
G:\ Planning \ PDREPORT\ DlRreports \ 2005 \ DIR-200S-2S.doc
DIR-2005-25
Page 2
October 6, 2005
(see Site Plan) on the property that is healthy and mature, although leaning toward the
duplex building on the subject property, be maintained. The construction of the duplex
unit was actually modified to accommodate the growth pattern of this oak tree, as it
existed prior to the construction of the duplex unit, and was required to be maintained
per the conditions of approval for development of the duplex unit in 1965.
ACTION:
The Director of Community Development approves the tree removal with the following
conditions:
1. Approval is granted to remove only the existing 36-inch diameter decayed coast
live oak tree as referred to in the arborist report by Mark Beaudoin and inspected
on July 27, 2005.
2. The applicant shall maintain the existing healthy and mature oak tree on the
property along the northern property line.
This approval of the modification is effective October 6, 2005. The fourteen calendar
day appeal period will expire on October 20,2005.
ENCLOSURES:
Letter from Hallmark Group
Photographs of the oak tree
Arborist Report
Site Plan
$
Hallmark Group
Capital Program Management
Date:
August 15, 2005
City of Cupertino
Planning. Department
10300 Torre Ave.
Cupertino, CA 95014
RE: 10506 Foothill Blvd., Cupertino, CA - Tree Removal Request
Dear Sir/Madam,
The purpose of this letter is to request a permit to remove a decayi.ng oak tree at 10506 N.
Foothill Blvd. in Cupertino. Attached is a tree inspection report from a certified arborist, Mark
Beaudoin. In his report, Mr. Beaudoin notes the poor health and condition of the subject tree
and recommends immediate removal.
Also accompanying this letter is a check payable to the City of Cupertino for $1 ,000, which
represents the required deposit to cover due diligence costs associated with the City's own
inspection to determine the subject tree's condition.
Please feel free to communicate directly with Luis Villa at ChsJities Housing Development
Corporation, the Hallmark Group's authorized representative on this matter. Mr. Villa's number
is (408) 282-1132. Thank you very much.
Page 1 of 1
The Hallmark Group LLC hgcpm.com 2041 Hallmark Drive, Suite 10, Sacramento CA 95825 Phone 916-923-1500 Fax 916-646-6127
MARK BEAUDOIN
LANDSCAPE ARCHITECT A.S.L.A.
Arborist - International Society of Arboriculture
C.A.P.C.A. Pest Control Advisor
P.O. Box 2032 . San Jose, California 95109
Telephone (4081 395~2862
TREE REPORT
K/'\TII'l ROBINSOJ'; .CIIARIT1ES HOUSING
] 0536 j."(KHlIILL BOULEV ARD
CUPERTINO, CAI,IFORNIA
l'EL. NOA08-282-1138 or FAX 408-282-1140
ON JULY 27,2005. I INSPECTED A 36 INCH DIAMETER COAST LIVE OAK
BETWEEN 10526 AND 10516 FOCYIHILL BOULEVARD
CUPERTINO.CALlFORNIA WITH THE FOLLOWING FINDINGS:
1 THE TREE 'fRUNK IS 95 PER CENT DECA YED AT THE BASE WHERE n
MEET'S '['HE GROUND, THE TRUNK IS SO DECAYED THAT PREVIOUS
CONCRETE FILLS PLACED TNfHE TRUNK ARE DETACHED AND ARE
.IlIST RESTING IN THE TRUNK CAVITY.
2 THE TREE IS LEANINC; TOWARD THE ENTRY AND ROOF OF 105]6
FOOTHILL BOULEY ARD AND COULD COLLAPSE IN Tf-IIS DIRECTION
AT ANY TIME
3 TREE HAS BEEN TOPPED ON THE VlEST SIDE AT
APPROXIMAT'EL Y 30 FEET AND T'IIE EAST SIDE AT APPROXIMATEL Y
15 FEET. THIS TOPPING HAS PRODUCED /\ LOT OF WEAKLY
ATTACHED SUCKER GROWTIL
AFTER CONSIDERAflON OF TIIESE FINDINGS. I BELIEVE THIS TREE
PRESENTS A HAZARD TO PERSONS AND PROPERTY AND SHOULD BE
REMOVED AS S()ON AS POSSIBLE.
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