DIR-2001-11b
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
CITY OF
CUPEIQ"INO
Community Development Department
July 10, 2001
Mr. Donald Kretsch
23657 Black Oak Way
Cupertino, CA 95014
SUBJECT: PLANNING COMMISSION ACTION LETTER-II-DIR-Ol
This letter confirms the decision of the Planning Commission, given at the meeting of
June 9, 2001, approving a referral to the Planning Commission of a Director's Minor
Modification for a request to remove a protected deodar cedar tree. (6-U-97 Oak Valley),
according to the enclosed copy of Planning Commission Resolution No.6097.
Also, please note that an appeal of these decisions 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,
~d-~
Aarti Shrivastava
Senior Planner
Enclosure:
Resolution No. 6097
g:/planninglpost hearinglactionletterll dirO 1
Printe,! on Recycled Paper
11-DIR-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 6096
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A REQUEST
TO REMOVE ONE DEODAR CEDAR TREE FROM A SINGLE-FAMILY RESIDENTIAL
PROPERTY IN THE OAK VALLEY DEVELOPMENT,
SECTION I: PROJECT DESCRIPTION
Application No.:
Applicant:
Location:
11-DIR-01
Donald Kretsch
23657 Black Oak Way
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an appHcation to
removal one specimen size tree and replace it with other trees, as described in this Resolution;
and
WHEREAS, the applicant has met the burden of proof required to support said application; and
has satisfied the following requirements:
1) The tree, due to trunk damage, can cause significant damage to the residence and is a
threat to the health, safety and welfare of the applicant.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, application for Tree Removal 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 11-D1R-01, as set forth
in the Minutes of the Planning Commission Meeting of July 9, 2001, are incorporated by
reference herein.
Resolution 6096
Page 2
11-DIR-01
07/09/01
SECTION 111: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS:
Approval for the removal of one 57-inch circumference Deodar Cedar (Cedrus deodara) tree
from the backyard of the property as indicated in the plan set is permitted.
2. REPLACEMENT TREES:
Three 48-inch box trees to be chosen from any of the following: Valley Oak (Quercus
lobata); Deodar Cedar (Cedrus deodara); and Coast Redwood (Sequoia sempervirens) and
to be planted in the backyard of the subject site so that the edges of their drip lines are away
from the building, The applicant will be held responsible for the removal and replacement of
the subject tree. The replacement trees shall be planted within three months of the removal
of the Deodar Cedar tree.
PASSED AND ADOPTED this 9th day of July 2001, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the followi.ng roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Auerbach, Patnoe and Chairperson Kwok
COMM ISSIONERS:
COMMISSIONERS:
COMMISSIONERS: Chen and Carr
ATTEST:
APPROVED:
/s/ Steve Piasecki
Steve Piasecki
Director of Community Development
/s/ Patrick Kwok
Patrick Kwok, Chairperson
Cupertino Planning Commission
G:\Planning\PDREPORT\RES\11-DIR-01 res.doc
Planning Commission I've. "tltes
2
.luly 9, 200 I
Application:
Applicant:
Location:
04-U-0 1
Grosvenor California Limited
10120 Imperial Avenue & One Results Way
3.
Use permit to transfer floor area ratio development credits from Imperial Avenue to Results Way
Corporate Park
Postponedfrom Planning Commission meeting of June 11, 2001
Request postponement to Planning Commission meeting of July 23, 20Gl
MOTION:
SECOND:
ABSENT:
VOTE:
Com. Auerbach moved to postpone Application 04-U-0 I to the July 23, 200 I
Planning Commission meeting
Com, Patnoe
Coms. Chen and Corr
Passed 3-0-0
ORAL COMMUNICATION: None
CONSENT CALENDAR:
1.
Application No.:
Applicant:
Location:
11-DTR-Ol
Donald Kretsch
23657 Black Oak Way
Referral to the Planning Commission of a Director's Minor Modification for a request to remove a
protected deodar cedar tree (6-U-97 Oak Valley)
Planning Commission decisionjinal unless appealed
MOTION:
SECOND:
ABSENT:
VOTE:
Com. Auerbach moved to approve the Consent Calendar
Application ll-DlR-Ol
Com, Patnoe
Coms. Chen and Corr
Passed 3-0-0
PUBLIC HEARING
4.
Application No.:
Applicant:
Location:
20-U-99(M)
Al Lien Wang
1655 So. DeAnza Boulevard
Use permit amendment to extend the hours of operation to 10 a.m. to 1 a.m. at an existing
restaurant (San Wang),
Planning Commission decisionjinal unless appealed
Staff presentation: Mr. Colin lung, Senior Planner, reviewed the background of the application
for the benefit of the new Planning Commissioners as the item was presented to the Planning
Commission last year. Mr. Jung explained that the retail complex where the restaurant is located
was originally approved in the City of San Jose. The complex was built in the 60s, at which time
the City of San Jose did not require any time 011 the planning permit for the operation and it
operated continuously through 1998 as a dinner house/piano bar, only open for dinner and live
11 June 2001
Re: Tree Removal Request
This request is for removal of a Deodar Cedar. tree from the rear yard
of my Cupertino horne, located at 23657 Black Oak Way. The tree's
circumference is approx. 9-10 inches as measured 3 feet from grade.
The conditions, time line, and expert opinion supporting this removal
request can be found in the attached arborist report by David Chambers
(certified arborist #WC429B). Also included is a letter from the
Agri-Con Tree Service describing the tree condition that was observed
and the action taken to mitigate what was an inunediate hazard.
We intend to replace this tree with two or three similar trees selected
from the attached list of approved/recommended trees. Although the
exact placement of these replacement trees has not yet been determined,
they will likely be placed near the perimeter of the property. The
replacement planting is expected to occur within the next 4-5 months,
i. e., dueing the upcoming fall planting season.
Thank you for considering this matter.
Regards,
.{9-~ ~ti~
Don Kretsch
Homeowner
23657 Black Oak Way
Cupertino, CA
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EXHffiIT 2
OAK VALLEY
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OAK VALL~-Y
ARCHITECTURAL & LANDSCAPE
DESIGN GUIDELINES
A QUALITY RESIDENTIAL COMMUNITY
O'BRIEN GROUP
2001 WINWARD WAY
SAN MATEO, CA 94404-2473
(650) 377-0300 FAX (650) 349-2442
Mktgl Forms\ Architectural & Landscape Design Guidelines
Febnlary 29, 2000
NOTE: TIllS PLANT LIST APPLIES TO THE LINEAR PARK IN FRONT OF ALL HOMESITES
BOTANICAL NAME
COMMON NAME
TREES
ACER MACROPHYLLUM
AESCULUS CALIFORNICA
ALNUS RHOMBIFOLIA
FRAXINUS AMERICANA 'AUTIIMN PURPLE'
LEPTOSPERMUM scoPAR!UM 'HELENE STRYBING'
TREE
PISTACIA CHINENSIS
PLATANUS ACERFOLIA 'YARWOOD'
V SEQUlOA SEMPERVlRENS 'APTOS BLUE'
QUERCUS AGRIFOLIA
QUERCUS LOBATA
QUERCUS RUBRA
RHUS LANCEA
ZELKOVA SERRATA
BIG LEAF MAPLE
CALIFORNIA BUCKEYE
ALDER
AMERICAN ASH
NEW ZEALAND TEA
CHINESE PISTACHE
PLANE TREE
GJ/H?r REDWOOD
COAST UVE OAK
V ALLEY OAK.
RED OAK
AFRICAN SUMAC
SAWLEAF ZELKOV A
SHRUBS
ABEllA GRANDIFLORA 'GAUCHER!'
. (DWARF)
ARcrOSTAPHYLOS MANZANITA
ARcrOSTAPHYLOS DENSIFLORA 'HOWARD MCMINN'
BERBERIS TIIUNBERGII 'A TROPURPUREA'
CARPENTERIA CALIFORNICA ..................... .
~=~ ~~':n~Nor...-.:~~:~.
CERCIS OCCIDENTALIS
CISTUS HYBRIDUS
CISTUS PURPUREUS
COTONEASTERCONGESTU
COTONEASTER
COTONEASTER HORlZONT IS
COTONEASTER
ESCALLONIA 'COMP AKT A'
GREVILLEA 'NOELLU' t
GREVlLLEA ROSMARINIFO rus
HETEROMELES ARBUTIFO
LA V AURA ASSURGENTIFL RA-
MORAEA BICOLOR L__..-......
MORAEA IRlDIOIDES
MYR11JS coMMUNIS COMPACTA 'VARlEGATA'
PENNISETUM SET ACEUM 'CUPREUM'
PRUNUS IUCIFOLIA
PRUNUS L YONU
RHAMNUS CALIFORNICA 'EVE CASE'
RHAPHIOLEPIS INDICA 'SPRINGTIME'
RffiJS INTEGRlFOLIA
RIBES MAL V ACEUM
ROSA RUGOSA
SALVIA OREGOn
SALVIA LEUCANTIIA
WESTRINGlA ROSMARlNIFORMlA
WESTRINGlA
XYLOSMA CONOESTUM
GROUNDCOVKRS
GLOSSY ABELlA
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MANZANITA
MANZANITA
RED BARBERRY
BUSH ANEMONE
. WliD LILAC
\... ~~~BUD
\VHITE ROCKROSE
I ~=AROCKROSE
ROCKSPRA Y
"J_"",."".~~""""Wll!>""W-"''''~''''-'''".'''-~-''''''"'"'
DW ARF ESCALONIA
WOOLLY GREVILLEA
GREVILLEA
TOYON
TREE MALLOW
FORTNIGHT LILY
FORTNIGHT LILY
V ARIEOA TED MYRTLE
RED FOUNT AlN GRASS
HaLL YLEAF CHERRY
CATALINA CHERRY
COFFEEBERRY
INDIA HAWTHORNE
LEMONADE BERRY
CHAPARRAL CURRANT
ROSE
AUTUMN SAGE
MEXICAN BUSH SAGE
ROSEMARY
(::111 "hlnlml:~r
SHINY XYLOSMA
8
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Dave Allen's Tree SeJrices
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" A Pro fi essional ArbOris~'.. ervice"
PO Box 7022 Santa Cruz, CA 1
(831) 415-5325 Fax (831) 46913303
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Inspection Report for Tree # 215, a Deodar Cedar, Cedrus deodara,-
Located at 23657 Black Oak Way, Cupertino, CA
Date: 6-5-2001
Purpose of report: This inspection report was compiled at the request of the property
owner, Don Kretsch as a required component of an application to the City of Cupertino
for removal of the above referenced tree.
Introduction: Mr. Kretsch had contracted with AGRI-CON Tree Service on 4/28/01 for
the pruning of a Live Oak, Quercus agrifolia, Tree # 213, on his property at 23657 Black
Oak Way in Cupertino CA. During tbe progress of the work, the adjacent tree, a Deodar
Cedar, Cedrus deodara, Tree # 215 was also inspected by AGRI-CON at Mr. Kretsch's
request (see attached plot plan-Figure 1). During this inspection, a split in the trunk of
the Deodar cedar was observed between two codominant leaders at approximately 20-25
feet above grade. Mr. Kretsch was then informed that this split in the trunk posed an
immediate hazard due to the nature ofthe defect and the proximity to the residence. Mr.
Kretsch then authorized AGRI-CON to remove the hazardous portion ofthe tree. This
was done on 4/30/01. 1v1r. Kretsch then requested a Certified Arborist Report in
compliance with the City 0 f Cupertino's "Heritage and Specimen T fees" Ordinance,
Chapter 14.18. An inspection was performed on 5/12/01. Supporting documents
including copies of the Tree Survey produced by Hortscience, Inc.. dated June 1996, and a
letter from AGRI-CON Tree Service detailing the work performed were requested at this
time, and were received on 6/04/01. Additionally, Don Araki of AGRI-CON Tree
Service was then contacted by this Atharist on 6/05/01 requesting clarification of his
letter dated 5/20/01 (see attached copy of letter).
The results ofthe inspection, background informati n on the 1. ree defect and
Slgm!lture
recommendations for mitigation are presented helo .
Materials and Methods: Inspection of the tre and photo d~~~~!l:!'!!!2!!:~~f!!!!i~_"~""_"".."
out on 5/12/01. All photos were taken between 11 am and 1 pm on this date using an
SLR camera with 200 ASA film. Tree circumference was determined at the City of
Cupertino's standard height of36" above grade. The radius of the dripline (outer edge
ofthe canopy) was measured at the point of widest spread.
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Inspection results: Tree species: Deodar Cedar, Cedrus deodara,.
Circumference = 57" inches Height ~ 29 feet Radius of drip line = 20 feet.
This ttee is located approximately 10 feet from the rear ofthe residence at 23657 Black
Oak Way (see figure 1). At the time of the inspection, the tree had been topped down to
approximately the roofline ofthe residence and less than 12 limbs remained on the tree
(figure 2).
Discussion: It is unfortunate that no photo documentation of the tree defect was taken by
AGRl-CON Tree Service prior to removal, nor was the damaged section retained for
future analysis and reporting purposes. Without this documentation, the tree defect can
only be discussed in general terms, and it is not possible to know if this particular defect
would have been a suitable candidate for mitigation. Some brief background information
is presented below.
Codominant leaders: Codominant stems or leaders are essentially forks in a trunk or
limb that are of equal size. Bark can become "included" between the two as the tree
grows, preventing a strong attachment (figure 3). Codominant stems with included bark
are more prone to sudden failure, especially in high wind conditions. Cracking or
splitting observed between co dominant leaders is an indication of a weak attachment and
possible hazard depending on the extent ofthe damage and the relationship of the tree to
possible targets (figure 4). Any cracking or splitting between codominant leaders in a
2
large tree in close proximity to a residence, as was apparently the case with Tree # 215,
would be cause for immediate concern. and should be inspected by a Certified Ar1x>rist to
determine ifbracing the stems, usually with steel rod(s), would be possible and
appropriate. Trees that cannot be braced safely in this manner should be removed.
Topping: Topping a tree is a procedure that, though once widespread, is now recognized
as a harmful practice and is being actively discouraged by the International Society of
Arboriculture (ISA) and others (see attached ISA brochure 'Why topping hurts trees").
Topping causes stress to trees through the loss offoliage and opens the tree to decay and
pathogens, especially fungi. Once a tree has been severely topped, decay can set in and
even if the remainder of the tree survives, it can become hazardous over time as the core
of the tree decays while the remaining limbs grow larger and heavier. These large limbs
can then fail, ~special1y in inclement weather.
Recommendations: This tree has been severely topped and is not suitable for retention.
I recommend that this tree be removed and replaced with one or more trees. I have
discussed this with the property owner, and further recommended considering the
selection of drought tolerant native tree(s) from the City's approved list. I also
recommend care in the selection ofthe replacement nursery stock. Trees with defects
such as codominant stems that contain included bark, or trees with girdling roots (roots
that grow around the trunk in a circular manner, constricting other roots or restricting
trunk growth) are common defects in container grown stock and are to be avoided in the
tree selection process.
q
y questions or require further information.
David Chambers,
Arborist #WC-4298
References:
Araki, Don. 2001. AGRI-CON Tree Service. Letter dated 5/20/01.
Personal communication..6/05/0 1.
City of Cupertino. 1999. Chapter 14.18 Heritage and Specimen Trees.
Harris, Richard. W. Clark, James R. and Matheny, Nelda P. 1999.
Arboriculture: Integrated Management of Landscape Trees, Shrubs, and Vines 3rd
Edition. Pages 45-49. Published by Prentice Hall, Upper Saddle River, NJ 07458
Hortscience. 1996. Tree Evaluation, St. Joseph's Seminary.
International Society of Arboriculture. 1998. Why Topping Hurts Trees.
Smgo, Alex L. 1989. Tree Pruning: A Worldwide Photo Guide.
Pages 78, 73. Published by Shigo and Trees, Associates
P.O. Box 769 Durham, NH 03824
4
~
Figure 2. Cedrus deodara, Tr-ee # 215. This tree has been topped to approximately the
roofline of the residence. Note that the small number ofremaining branches are
primarily on the residence side of the tree.
5
L
Maine
CODOMINANT STEMS AND INCLUDED BARK
Included bark is bark that is squeezed between stems. Included bark leads to
weak unions. If a tree has a few branches with included bark, remove them as soon
as possible.
Figure 3. (from Shigo, A. pg. 78) The included bark is visible as a dark band in the
center of the handheld piece.
6
Australia
CODOMINANT STEMS AND CRACKS
Cracks between codominant stems are signs of weakness. On young trees. one
of the stems could be removed. Or, one stem could be pruned more than the other.
The stem with more pruning will grow slower and the other stem will form a collar
about it. On older trees it may be possible to hive the stems braced by profes-
sionals, Remove trees that ca.nnot be braced.
Figure 4. (from Shigo, A. pg. 73)
7
5!:lJ-.- i
To Whom It Ma)' ~
Yr.Jl.Jr safe & r~;~hH.' dK>KE' for ',PoP. -""fV;',T)
On 412810' , ~ doing a drop c:rordI ~ of II Catifocnia tive 0lIk in C\1pertino, in die
ValIc:r "",,,pl~ (",.\IS asb:d to do.ltft~ for Don K.rctdlat 23657 Black Oak Way.
impoeticD ~ the following:
. 1:bc SpImish G.r loc:abld at tbe rigl\t lear eorn.tt o{!be pmperry is irlfec.'Acd wHh pitcb
~ of1he ~ is sbowD,by baYy MW88ng of sapia lilt \rAId Middle sedioa of
,tmnk. AJrio,mc:fitia"'beU1..~yliiiD:d by ~s. c:AIina ibetrunk.:m swear'sap: In
.1I:dditton~. is Lars- gouge xnarb tJiahcan,to,ba.w bccn~&y1Dt auimaL lbe is, in
decliDft. n-lo-1be-c:tIDdidCDI,abovc.l~.tbe'SpmiM:YJt to.bcJCmovtd: lDXl. KA:d'
with a,DC!W frcIIb,Ul:iC.
. l1~"Deodofa1mtllad.&~ 1el'ldet apprDximald:J'2Ot\.abovc.tbo llfOUPd~ bad
inc.lusion mlltJulcJ split: ~.to the aIltOlJDli ofiaeJOOed lliar\"W' the split in dJetnmlullli
location oftbe boU!C. it was ~ to top the rer:iWnir1B tl'UtlIr . bri:na.1ie too to a
~. Sirwe' the remaUiiDg trunk WM not )(}perccut larger than the ,brOkeD tnlQ\ it'was
~ to Wp 1he remaining crown. The: IleOOora is ~ly 6ft fromlhe hotIst
drip line ofapproximalCly 20 fc:et. so II portiooof1he rf)()l9Y~ is cut orcoverecl by.1be
Si:ncv the.tz= had to' be topped.. and Ihc Iocidion of'dJe m:e, I rec:ot1IlIJeIld tMt this tree
remnved ud.replac;cd by II fresh tree.
The above wurk WB! completed aad'~. on MCllIrlay, 4130101. The home owner WlW 'fdi
certified arborist to furlber asse!3tbe remaining portion ufthe cedar 'tree and:further inspect the
Fir tree.
YOUr! Ttuly
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Don ArsId
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