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TR-2010-02bOFFICE OF COMMUNITY DEVELOPMENT CUPERTINO March 3, 2010 CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 (408) 777 -3308 • FAX (408) 777 -3333 • planning(a.cupertino.org Ms. Alison Hobbs 303 Potrero Street, Suite 40 -C Santa Cruz, California 95060 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR- 2010 -02: This letter confirms the decision of the Director of Community Development, given on March 2, 2010, approving a Tree Removal Permit to remove a total of 31 trees on property located at 19333 Vallco Parkway (Apple, Inc.), with the following conditions: 1. APPROVED PROTECT The approval is based on a certified arborist report prepared by Deborah Ellis, certified arborist ASA #WE -457B, dated January 15, 2010, except as may be amended by the conditions of approval contained in this letter. A total of thirty -one (31) trees will be removed as identified in the arborist report. Trees identified as Tree Nos. 704, 705, 707 and 708 were approved to be removed in conjunction with the previous application of DIR- 2009 -34. 2. TREE REPLACEMENTS The applicant shall be required to plant replacement trees on the property in accordance with the planting plan provided by SSA Landscape Architects dated March 1, 2010, and the City's Tree Replacement table in the City's Protected Trees Ordinance. The replacement trees shall consist of a row of 36" box Pyrus Calleryana "New Bradford" flowering pear trees to be planted in the landscape strip behind the sidewalk along Vallco Parkway. The replacement trees shall be required to be planted within 60 days of the effective approval of this application. 3. IN -LIEU TREE REPLACEMENT FEE In the event a replacement tree cannot be planted on the property as determined by the Director of Community Development, the applicant will be required to pay an in -lieu tree replacement fee based upon the purchase and installation cost of the replacement tree(s) in compliance with the City's Protected Trees ordinance. TR- 2010 -02 Apple, Inc. Page 2 4. SANTA CLARA VALLEY WATER DISTRICT Replacement trees and landscaping shall be reviewed and approved by the Santa Clara Valley Water District prior to planting. 5. 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 further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, 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. Staff has made the findings necessary to grant the tree removal permit in accordance with Section 14.18.180 of the Protected Trees Ordinance. Please note, however, that an appeal of this decision can be made within 14 calendar days from the date of this decision. If this happens, you will be notified of a public hearing, which will be scheduled before the Planning Commission and the trees cannot be removed until a final decision on the appeal has been made. If no appeal is made within the appeal period, the trees may be removed after Wednesday, March 17, 2010. Sincer Y. Aki Honda Snelling, AICP Senior Planner Enclosures: Certified Arborist Report prepared by Deborah Ellis dated January 15, 2010. Planting Plan CC: Jacki Horton, Apple, Inc.,1 Infinite Loop, MS 83 -DDC, Cupertino, CA 95014 G: \Planning \Tree Removal Staff Level \Action Letter \TR - 2010- 02.doc Deborah Ellis, MS Consulting Arborist & Horticulturis t Alison Hobbs SSA Landscape Architects 303 Potrero Street, Suite 40 -C Santa Cruz, CA 95060 January 15, 2010 Service smote 1984 Re: Apple /Vallco tree removals required due to death, poor condition or are "uncertain" Dear Alison: This report is a revision of my December 5, 2009 tree removal report for the site. At this time I definitely recommend the removal of the 17 trees that are listed in Table 1 begins on the next page. These trees are either dead, nearly dead or in very poor condition. Most of these trees are Monterey pines along Vallco Parkway that have died due to drought stress. Table 2 beginning on page 4 lists 18 trees that are "debatable" save or remove. One of these trees is located on the adjacent JC Penney property. These trees are in better condition than the trees listed for removal in Table 1, but they do not have good long -term prognosis on the site. If it is not a problem with the City, I would remove all of them. A Site Map showing all of the trees mentioned in this report is on page 6. 1 have also attached a separate, larger site map as a .PDF file that is easier to read. Photos showing many of the trees mentioned in this report begin on page 7. I certify that the information contained in this report is correct to the best of my knowledge, and that this report was prepared in good faith. Thank you for the opportunity to provide service. Please call me if you have questions or if I can be of further assistance. Sincerely, De6orah 2CCis Deborah Ellis, MS. Consulting Arborist & Horticulturist Certified Professional Horticulturist #30022 ASCA Registered Consulting Arborist #305 I.S.A. Board - Certified Master Arborist WE -4578 PO Box 3714, Saratoga, CA 95070. Phone & Fax: 408 - 725 -1357. Email: decah @pacbell.net. Web site: http: / /www.decah.com/ Page Iot11 Application Number PO Box 3714, Saratoga, CA 95070. Phone & Fax: 408 - 725 -1357. Email: decah @pacbell.net. Web site: http: / /www.decah.com/ Page Iot11 Deborah Ellis, MS Consulting Arborist & Horticulturisl Service since 1984 Table 1 Trees to definitely remove due to death or very poor condition (continued on the next page) Tree Species $ < trunk - zCQJt�ID�T19P NoteO # Common Name O ,t. Igor _ . structure 602 Robinia 8 25x20 40 40 (Condition as per June 12, 2009 Arborist Report) pseudoacacia 'Idahoensis , Idaho locust 1 604 Pinus radiata, 12,10 10 1 10 95% dead Monterey pine j 605 Monterey pine 120 (4)140x30 10 10 95% dead j626 Monterey pine 24 45x40 50 40 This tree has deteriorated since I last evaluated it in early January of 2010. One of the recent excavations for a new parking lot stall is less than 12 inches from trunk; causing large roots close to trunk have been severed. Tree stability is compromised; must remove tree due to unacceptable risk. Additional grading for slope feathering back from cut is also necessary — the tree is in the way of this grading. 628 Monterey pine 12 35x20 40 40 This small, crooked tree has deteriorated more since I last evaluated it in early January of 2010. There are more dead branches and some of the dead branches have broken out of the tree. There is not much left of the tree and it does not have a good long term prognosis. I recommend removal to make room for better landscaping. 717 Fraxinus uhdei, 19 50x30 75 40 This tree is causing massive sidewalk upheaving but there is evergreen ash something else to be concerned about — the entire tree leans 20 •, degrees to the east and the roots appear to be having cracked a previously repaired concrete ramp patch. The tree may be slowly failing from the roots. If it falls, it will fall onto the sidewalk/street to the west. Now that the sidewalk will be replaced there is the danger that the existing sidewalk removal will remove the counterbalance to the lean and the tree will topple over. Ramping over these roots to avoid cutting them (which should be done) would require more engineering to comply with ADA slope DBH is tree trunk diameter in inches "at breast height ", measured at 4.5 feet above ground level. This is the, and it is also the required trunk diameter measurement height for the City of Cupertino. For multi -trunk trees, trunk diameter is measured for the largest trunk and estimated for all smaller trunks. A number in parentheses (3) after the trunk diameter(s) indicates that it was not possible to measure the trunk at 4.5 feet (due to tree architecture) and so the diameter was measured at this alternate height (in feet), which more accurately reflects true trunk diameter near the desired DBH height. 2 Size: tree size is height x width in feet, estimated and approximate. 3 Condition Rating (as of l/5//1 0) Trees are rated for condition on a scale of zero to 100 with zero being a dead tree and 100 being the most perfect tree imaginable (which rarely exists). Using this scale, 100 = excellent, 80 = good, 60 = fair, 40 = poor, and 20 = unacceptable. There are two components of tree condition — Vigor and Structure. Each of these components is rated separately and then considered relative to the tree species, age and use of the site to obtain the Preservation Suitability Rating (i.e. "Is this tree worth keeping on this site ? "). PO Box 3714, Saratoga, CA 95070. Phone & Fax: 408 - 725 -1357. Email: decah@pacbell.net. Web site: http: / /www.decah.com/ Page 2of11 Deborah Ellis, MS Consulting Arborist & Horticulturisl Table 1 (continued from the previous page) Semice since 1984 Tree Species Trunk Sf �z _ CQR61T14N� : # common Name; ©BH' vigor stru4 _= = z j requirements than is worthwhile, given that there is still a chance that the tree may fall over when the old sidewalk is removed. 720 Monterey pine 25 50x40 30 30 95% dead j 721 Monterey pine 31 (2) 40x25 5 5 Completely dead 1724 Monterey pine 31 (4) 50x30 0 0 lCompletely dead 740 Monterey pine 10 35x12 60 40 This tree has deteriorated since I last evaluated it in early January a of 2010. It is a scrawny, unattractive, co- dominant leader tree. Excavations for sidewalk and parking lot are 2 and 4 feet from the trunk; the tree will likely decline further due to these excavations. Recommend removal to make room for better landscaping. Large j surface roots have been broken due to grubbing, and there is also j a large wound on trunk caused by recent construction activity. 741 IMonterey pine 22 60x351 0 10 lCompletely dead j 742 Monterey pine 19 50x20 40 50 This tree has deteriorated since I last evaluated it in early January of 2010. There are more dead branches. There is not much left of I the tree and it does not have a good long term prognosis. 1 I recommend removal to make room for better landscaping. 744 Monterey pine 31 20 80% dead with dry frass coming out of lower trunk from bark 1 70x50 1 1 20 l b eetle excavations (so tree is definitely a "goner "). 745 Monterey pine 119 (4)130x201 0 10 Completely dead 746 Monterey pine 22 150x401 0 10 Completely dead 747 Monterey pine 21 60x30 0 10 Completely dead j 901 Sequoia 11 35x15 40 40 This tree has deteriorated since I last evaluated it in early January j sempervirens, of 2010. The top 2/3 of canopy is brown and much of the coast redwood remaining green foliage on the tree is wilting, even though the soil is very moist from previous irrigation and recent rains. 4 Co- dominant refers to two leaders (central, upright stem of tree), branches or trunks that arise at the same point on a tree and are about the some diameter. This is an undesirable structural defect that is a weak point in the tree. Co- dominant stems typically lack the overlapping tissue present in a branch or trunk collar, which may be why trees with this defect split so easily. It is best that branches or trunks originate with space between them, or if they arise at the same point that they be of different sizes. Co- dominant leaders can often be corrected (one leader removed) when trees are young. 5 Bark beetles usually attack trees that have been weakened from some sort of stress or injury, particularly drought stress or root damage. Another possibility not involving stress or injury is that there is a very high population of bark beetles in the vicinity, and they are able to overwhelm a healthy tree just by their sheer numbers. The first scenario however, is the most common. Therefore the beetles are usually a secondary problem, not the primary or main problem. The beetles serve to "finish off' the weak tree, functioning as scavengers. If the tree has enough vigor when attacked by bark beetles, it will produce a resinous sap that may serve to flush out or drown the insects. If there is not enough vigor to produce resin in reaction to a beetle attack, dry fross (sawdust -like material) will be excavated by the adult beetle. When frass is visible, the tree is usually beyond saving. Red turpentine beetle (RTB) is a type of bark beetle. The RTB commonly attacks the lower 8 feet of trunk of Monterey pine. The attacked pine then emits chemicals that attract a more serious type of beetle, the Ips beetle, to the upper canopy. The Ips beetle is usually the insect that kills the tree. PO Box 3714, Saratoga, CA 95070. Phone & Fax: 408 - 725 -1357. Email: decah @pacbell.net. Web site: http: / /www.decoh.com/ Page 3 of 11 Deborah Ellis, MS Consulting Arborist & Horticulturist —A � Service since 1984 The following 18 trees below trees are listed as "debatable" save or remove in Table 2 below. If it is not a problem with the City I recommend that you remove these trees. In addition one of these trees is adjacent to but not located on the Apple site (this is the last tree in the list). You will have to obtain permission from the owner /neighbor (as well as the City) to remove this tree. Table 2 Trees "debatable" save or remove 6 Woundwood the growth of undifferentiated tissue (callus) which has matured into wood and bark tissue, around a wound. If growth continues the wound will be sealed inside the intact outer wood. A crack at the point of the woundwood "roll" will always remain, however. Decay does not usually progress into the new wood made after the wound. The woundwood may actually be stronger than normal wood and may serve to stabilize the defect in the tree, for example woundwood that grows around the sides of a cavity. PO Box 3714, Saratoga, CA 95070. Phone & Fax: 408 - 725 -1357. Email: decah@pacbell.net. Web site: http: / /www.decah.com/ Nage 4 of H Specfes CONDIVON :_ Tree #:, g (unk $ize Notes vigor ; structure Common ©BH Name; 603 Monterey 30 50x30 70 50 All adjacent Monterey pines in this planting area will be removed, pine leaving this as a lone pine. The pine has experienced moderate root damage from recent parking lot grading and construction. The tree's vigor has deteriorated slightly since it was first evaluated in the summer of 2009. 627 Monterey 26 60x40 65 60 The plan is to remove all Monterey pines in this area in order to I pine relandscape the area including incorporating better tree species. This pine has also experienced quite a bit of root damage due to i recent grubbing. I 629 Prunus 9,6 18x22 90 70 (Condition as per June 2009). Will be removed for landscape cerasifera improvement. Older purpleleaf plums such as this tree do not tend Krauter to tolerate environmental changes (such as re- landscaping) very Vesuvius', well• purpleleaf plum i 631 purpleleaf 12 25x20 40 40 Same as above. plum 704 Monterey 21 45x35 75 75 The plan is to remove all Monterey pines in this area in order to pine relandscape the area including incorporating better tree species. This pine has also experienced quite a bit of root damage due to recent grubbing. 0 Monterey 21 40x25 65 60 Same as above pine 707 Monterey 20 50x40 70 1 70 Same as above i j pine 708 Monterey 21 50x40 70 70 Same as above pine 715 Monterey 24 60x40 60 60 Same as above pine 716 evergreen 16 60x30 50 40 This tree is causing a moderate amount of pavement damage, but ! ash there is another problem with the tree itself. There is a car crash wound on the lower east trunk. The face of the wound is solid dead wood that encompasses between 1/3 and 'h of the trunk I circumference. There isa significant amount of woundwood j 6 Woundwood the growth of undifferentiated tissue (callus) which has matured into wood and bark tissue, around a wound. If growth continues the wound will be sealed inside the intact outer wood. A crack at the point of the woundwood "roll" will always remain, however. Decay does not usually progress into the new wood made after the wound. The woundwood may actually be stronger than normal wood and may serve to stabilize the defect in the tree, for example woundwood that grows around the sides of a cavity. PO Box 3714, Saratoga, CA 95070. Phone & Fax: 408 - 725 -1357. Email: decah@pacbell.net. Web site: http: / /www.decah.com/ Nage 4 of H Deborah Ellis, MS Consulting Arborist & Horticulturist Service since 1984 Subordination pruning is the removal, typically of the upright or end portion of a parent branch or trunk, to slow growth rate, so other portions of the tree grow faster. Subordination pruning which shortens a branch or competing leader to a lower, lateral branch can be used to reduce branch weight, change branch orientation, alter growth rate to improve the size of a pruned branch relative to the trunk or parent branch. 8 LCR (Live Crown Ratio) This ratio is the percentage of total tree height occupied with live branches. A high LCR (e.g. 80 %) is indicative of good tree vigor, while a low LCR (e.g. 30 %) is undesirable from both a health and structural standpoint. Many interior grove trees in forest situations have a low LCR due to crowded conditions on all sides, forcing the live foliage to be limited to the very top of the tree. PO Box 3714, Saratoga, CA 95070. Phone & Fax: 408 - 725 -1357. Email: decah@pacbell.net. Web site: http : / /www.decah.com/ Page b of 11 Species CON�(TION 7reel ; & Trunk. Size f cutger*t)) F. Common Name pEH ' A o stnie#u�e growing around the perimeter of the wound, but this is still a very large wound. In my 5/2009 report I listed the tree as having j fair /poor vigor and poor structure and recommended removal. The tree will become more of a liability as the dead wood decays and i leaves a huge cavity in the trunk. It is doubtful that anyone will reliably monitor the tree over time, so I recommend taking it out now. j I 718 Monterey 22 50x35 70 50 The plan is to remove all Monterey pines in this area in order to 1 pine relandscape the area including incorporating better tree species. 737 purpleleaf 8,6,5,4 22x25 50 50 (Condition as per June 2009). Will be removed for landscape plum improvement. Older purpleleaf plums such as this tree do not tend to tolerate environmental changes (such as landscaping) very well. 738 purpleleaf 6,8,4,3,3 22x25 100 50 Same as above. j plum 743 Monterey 18 50x20 70 50 The surrounding Monterey pines in this area will be removed, pine leaving this lone pine with questionable structure. If the pine remains however, I recommend subordination pruning of the long, large- diameter lateral branch growing toward the west. 748 Monterey 10 22x18 40 50 Removing all Monterey pines in this area in order to relandscape j pine the area includin incorporating better tree species. 749 Monterey 17 40x18 75 1 60 Same as above i pine 750 Monterey 13 28x18 60 40 Same as above, plus a 6 -inch diameter root on this tree was pine scraped during the recent grubbing operation. 948 Monterey 13 50x20 50 40 This tree has a very low LCR of 30 -40 %. If removed it will allow 1 pine the adjacent elm and ash trees to fill in more uniformly. j No tag Monterey 14 35x28 55 50 Located just beyond Apple property at Northwest corner. This tree j j number, pine is on a slope above the Apple parking lot and it leans about 10 on JC degrees toward the parking lot, with the majority of canopy weight j Penney on the side of the lean. I fear that the tree will eventually fall into !Prope the Apple parking lot. Subordination pruning is the removal, typically of the upright or end portion of a parent branch or trunk, to slow growth rate, so other portions of the tree grow faster. Subordination pruning which shortens a branch or competing leader to a lower, lateral branch can be used to reduce branch weight, change branch orientation, alter growth rate to improve the size of a pruned branch relative to the trunk or parent branch. 8 LCR (Live Crown Ratio) This ratio is the percentage of total tree height occupied with live branches. A high LCR (e.g. 80 %) is indicative of good tree vigor, while a low LCR (e.g. 30 %) is undesirable from both a health and structural standpoint. Many interior grove trees in forest situations have a low LCR due to crowded conditions on all sides, forcing the live foliage to be limited to the very top of the tree. PO Box 3714, Saratoga, CA 95070. Phone & Fax: 408 - 725 -1357. Email: decah@pacbell.net. Web site: http : / /www.decah.com/ Page b of 11 Deborah Ellis, MS Consulting Arborist & Horticulturist Service since 1984 N16N p'AY ieo f,&4446; bW— l Neighbor is Penney - 14 '�� .� •� � 1 . �' t ; � 1. Pine : _901 631 629 628 627 Lo- r X -626_ - 7 t - 708 79S:- c e••{„1 \ c 605 740 , 718 r nt r 747 748749 Q 741 750` -c4 707 704 662 604 ... b7l0 \, 743 745 746 715 - - -- „� G \ 742 717 716vA11� 724 Site Map showing the numbered trees recommended for removal in this report 1 have also attached a separate, larger map as a .PDF file that is easier to read. All highlighted trees are discussed in this report. Those trees with an X' through their trunk symbol are definitely recommended for removal and are listed in Table 1 . Those trees with a circle (0) around the trunk symbol are "debatable" and are listed in Table 2 . These trees are in slightly better condition than the trees in Table 1 , but are still recommended for removal due to poor long -term prognosis. PO Box 3714, Saratoga, CA 95070. Phone & Fax: 408 - 725 -1357. Email: decah@pacbell.net. Web site: http: / /www.decah.com/ Page 6 of 11 Deborah Ellis, MS Consulting Arborist & Horticulturist Service since 1984 Tree Photos All photos were taken on January 5, 2010. The photos must be viewed in color to be able to differentiate between dead and living foliage.. PO Box 3714, Saratoga, CA 95070. Phone & Fax: 408 - 725 -1357. Email: decah@pacbell.net. Web site: http: / /www.decah.com/ Page I of 11 7 "� � t ¢fig • • � ���.,�- a ` d � ±. �i 3 �.��. .r•$ . .v '�'� 1 111E 7Mf• 4 .s+i t n�y_ .,i T om ° ' �4 7y� #. • w t 'E?,y4.. < r t v Wl 3' 626 Deborah Ellis, MS Consulting Arborist & Horticulturist Service since 1984 PO Box 3714, Saratoga, CA 95070. Phone & Fax: 408 - 725 -1357. Email: decah @pacbell.net. Web site: http: / /www.decah.com/ Page 9 of 11 A IC : Y M f. ........... " Deborah Ellis, MS Consulting Arborist & Horticulturist --A Service since 1984 PO Box 3714, Saratoga, CA 95070. Phone & Fax: 408 - 725 -1357. Email: decah @pacbell.net. Web site: http: / / www.decoh.com/ rage ii of ii ` G PAR TR2 \ \ CONTw,CTOa To RACE LOR 51Z + \ \ _ PINE NEEDLES AND ADD \ \\ FRESH MULCH LENGTH WIDTH HEIGHT TOTAL \ \ i •.� 16�16" 22 i BQL'Bi Pt4AL M- .KB£Yt ARC nIECT \ i' I • •r gal " I + / •f -P / K - P'mthcj NotNc- a F 6 GRADE \ RlA \ \ ° FM 'AL \ as \ NA7NS SM MOS TLRE CONDRGN AND \ \ \ �' =• ' , \ - \.. . 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