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TR-2010-44b OFFICE OF COMN UNITY DEVELOPMENT �+. CITY HALL 10300 TORRE AVE NUE • CUPERTINO, CA 95014-3255 C U P E RT 1 N O (408) 777-3308 • Fi�X (408) 777-3333 • plannin4 cupertino.org November 19, 2010 Minerva Abad 1357 Woodland Avenue Menlo Park, Ca. 94025 SUBJECT: DESIGN REVIEW COMMITTEF; ACTION LETTER - Application R-2010-22, RM-2010-20, EXC-2010-08, TR-2010-44 This letter confirms the decision of the Desi;m Review Committee, given at the meeting of November 18, 2010; approving a Residenti,�l Design review to allow a 2,912 square foot two-story single family residence; a Minor I:esidential Permit for a second story rear deck; an R1 Exception to reduce the combined fi-st story side setback to 10 feet and to reduce the combined second story side setback to �:0 feet,l inch; and a Tree Removal request for the removal and replacement of 1 Coast Li ve Oak tree, located at 21835 Lomita Avenue, according to Resolution Nos. 293, 294, 295 a�ld 296. Please be aware that if this permit is not use � within one year, it shall expire on November 18, 2011. Also, please note that an appeal of this deci� ion can be made within 14 calendar days from the mailing of the notification of this decis: on. If this happens, you will be notified of a public hearing, which will be scheduled bef��re the Planning Commission. Sincerely, George Schroeder Assistant Planner City of Cupertino Enclosures: Resolution No. 293, 294, 295, 296 CC: Jerry Liu & Jennifer Fang, 21835 Lomita Ave., Cu� �ertino CA 95014 Robert Barr, 21831 Lomita Ave., Cupertino CA 9� 014 Sanjog Gad, 21851 Lomita Ave., Cuperkino CA 95014 TR-2010�4 CITY OF : UPERTINO 10300 Tc �rre Avenue Cupertino, c�alifornia 95014 RESOLU7'ION NO. 296 OF THE DESIGN REVIEW COMN[ITTEE OF THE CITY OF CUPERTINO TO ALLOW A TREE REMOVAL PERMIT FOR THE REMOVAL AND REPLACEMENT OF AN EXISTING COAST LIVE OAK TREE LOCATED AT 21835 LOMITA AV:?NUE (APN 357-16-063) SECTION I: PROTECT DESCRIPTION Application No.: TR-2010-44 Applicant: Minerva Abad (Jerry Li�i and Jennifer Fang) Location: 21835 Lomita Avenue SECTION II: FINDINGS WHEREAS, the Design Review Committee oi' the City of Cupertino received an application to allow a Tree Removal Permit for the removal and replacement of an existing Coast Live Oak tree. WI-�EREAS, the Design Review Committee fir ds that: 1. That the tree is in danger of falling Gnd can cause potential damage to existing or proposed essential structures NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the Application No. TR-2010-44, is hereby approved; and That the subconclusions upon which the findi ngs and conditions specified in this Resolution are based and contained in the public hearing :�ecord concerning Application TR-2010-44 as set forth in the Minutes of the Design Review C��mmittee Meeting of November 18, 2010, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the arborist report l�y Arbor Resources dated October 22, 2010, except as may be amended by the conditions in 1his resolution. Resolution No. 296 "CR-2010-44 November 18, 2010 Page 2 2. TREE REPLACEMENTS The applicant shall be required to plant cme (1) 36-inch box size or two (2) 24" box trees of either Coast Live Oak (Quercus agrifolia l, Valley Oak (Quercus lobata), or Deodar Cedar (Cedrus deodara) species on the properr� in accordance with the City's Protected Trees Ordinance. The trees shall be planted at l��ast 10 feet from hardscape areas and 20 feet from the foundation. The required replacemer t tree(s) shall be planted prior to final occupancy of the two story house. 3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set Eorth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditicros 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 ��0-day approval period in which you may protest these fees, dedications, reservations, anc. 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 Sectio�l 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this day of Noveniber 18, 2010, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMITTEE MEMBERS: Chai rperson Lee, Miller NOES: COMMITTEE MEMBERS: nonE� ABSTAIN: COMMITTEE MEMBERS: nonE� ABSENT: COMMITTEE MEMBERS: nonE� ATTEST: APPROVED: /s/Gary Chao /s/Winnie Lee Gary Chao Winnie Lee, Chairperson City Planner Design Review Coxrunittee ARBOR RESOLIRCES professional consulting arborists and tree care October 22, 2010 ATTACHMENT C George Schroeder Community Development Department � City of Cupertino 10300 Torre Avenue � .� _ Cupertino, CA 95014-3255 � � ��- I /� ' �D/' D _--.� __ / /-/ � - /0 RE: COAST LIVE OAK � �� 21835 Lomita Avenue, Cupertino G eo.,�c. 5c��.�r� Dear Mr. Schroeder: U You have asked me to identify mitigation measures for constructing a new sidewalk within the root zone of one coast live oak (Quercus agrifolia) located at the above-referenced site. I visited the site on October 19, 2010, and this report presents my evaluation of the oak, review of potential impacts, and conclusions. EVALUATION OF OAK The subject oak (see photos below) is situated within the five-foot wide dedication along Lomita Avenue. It is estimated 25 feet tall, and has a relatively balanced canopy spread of approximately 30 feet across. ti ..� � a F, ��. . v '; .�� •'�'� R �tt� �' �,, . � j, 'w; y �� •s y y^+ ,� ♦ _ `� � ` � ,' ` .,.� .�'L` t $_' d a� * ig '" t � �' �. .. . � ... ; . � {, � .� S J .��- 7L 3.?.' �, . � . . { �� +�.. .`',s,_ �'�rr '� `�+'` . ' r �'.'" ' � ,� a. � � �' �` , ' -� �� -,�' .�?:• , 'v^ .rL �r� }r t . �� Z '.�jr` �f�y� ; ��.,�, �� ...�r� l� Xrr . V� 4' � �,}:� � • ��, n �nfw� -Alf � � � i� �Y � 1 1 .. 3 ,��,. _ ;# t ' � � :�. ;;� �� '� �`�'.'r = x ��'' j �, , .r . t�� . . -� � .� r* J �� '� ZS .s - ��f� a� r ._�p � 7�� ti �7 ' .. w - .�' ��y �/. ; ' �C .' "^� � . 'r ,� - . !'•.` � ;;�• � � � , �' '� �E � ,� � ' � � � � E r � � ' y � a4' i� ( � � {. �i1 1 }¢\; I t � ', 4 � � ll II4+�� ;��5� 01 � � 6 � � .. .� , �I` „ � � . �� "# . �� - , fi �>. _ ` �t�,,.�.... i - � �..,..:r�,.:. . f.�. � • .✓ k ' {K . . .la;,. •..�...., . . - � 1• � ., � , :� p.o. box 25295, san mateo, california 94402 ■ email: arborresources@comcast.net phone: 650.654.335 I ■ fax: 650.240.0777 ■ licen5ed contractor #796763 ARBOR RE�OLIRCES �r o f e5s�onal consulting arborists and tree care �►„�±�:��,� ��/L �� Gl n ` � � �------ , October 22, 2010 .- ��-'`" `-:t` ' " " '',� `�'r : ,.�.: . ` `s.�. :u�.. 2183 5 Lomita Avenue � � ^ �' , . ��..�? �G..,.,.��_:a.....� . _..-. . . _ page 2 of 4 - � � - ;- . An existing sidewalk is situated approximately seven feet west from the tree's trunk. The ground in all other directions beneath its canopy is coinprised of barren soil, the top layer of which resembles fill due to the tree's root collar being buried (the root collar is the area where the main trunk and anchor roots merge, often identified by a distinct swelling where the trunk meets natural grade). The oak appears healthy as leaf color, shoot growth and canopy density are normal. Its structure, however, is highly unsound and prone to splitting apart. It is comprised of five prima� trunks that have diameters ranging between six to nine inches, and originate from a stump where a previous tree grew. Of these, four have extremely narrow angles of attachment, a growth pattern that predisposes one or more trunks (or leaders) to likely split from the tree. There is hardware that could be installed by a professional arborist to reduce the risk of failure; however, it is my opinion that the amount required and subsequent maintenance is not reasonable for this particular tree, nor would it necessarily reduce the �: -._ R �.,,� �� risk to less-than-significant levels. Note that the risk of �►�� :�; �� ' � � ; : �� -�, �� . ;� �'�,,..� .-.. �, ��#, a �� .� failure is exemplified by a large crack that has formed .. r� y �. � �� r � . � `�� ;. . ' �. - � ` � .-- ~ , between two leaders originating from the largest, . �, 4 ,1 �, x _°� . 7 � � ,�'��. . ,' � ,. ` , � -•,� �, � �" � ;� � ` ,� southernmost trunk (see photo to left). .P • �`�� ' .., _7�. � '�� $��. �� ? 4 f . � P.f .k' 1 �j � � .a..:h ; � �:k " �,�,,, ,. ;.; p i � , ) f � i �''� � `F F � �f� S.ywa.� . � � ,��' '� �1g �.... .: � � � ��.'�. " � R p.o. box 25295, san mateo, california 94402 ■ email: arborresources@comcast.net phone: 650.654.335 1 ■ fax: 650.240.0777 ■ licensed contractor #796763 ARBOR RESC)LIRCES ,_ _ professio consultinc arborists and tree care ,,.. October 22, 2010 ; �r.�,g� ti,_..n ...�� .01� "_�� -- 21835 Lomita Avenue . �� 1 page3of4 . .�......._ . ��"_. ".jd__. ,._�.Y_�.� . , T,.�_..M, .._ . .. ,� �.,�;_,,:r REVIEW OF POTENTIAL IMPACTS My site observations and review of the SitE� Plan reveal that to allow retention of the oak, the new section of walk would need to mf ander along the trunk's west side and into the planter strip (or alternatively, into the su�ject property). To minimally protect the tree while extending the walk's life expectan�;y before damage would occurs, I suggest a minimum setback of three to four feet from the base (closest edge) of trunk. Additionally, the section of walk between the proposed driveway and existing walk would need to be established on top of existing soil grade with a maximum vertical cut of four inches (including base materials, edging and fo� ms), and direct compaction of soil subgrade avoided. Should the tree remain, additio ial measures, including those considering the impacts caused by excavating the proposec. driveway, are imperative during construction, and can be provided upon request. CONCLUSIONS When considering the tree's highly uns �und structure, implementing the alternative sidewalk location and construction metho�i does not seem warranted. Rather, it is my opinion that the most prudent and reasonab le course of action is for the tree to be removed and replaced (in accordance with the Cit� Code), and the sidewalk constructed within confines of the dedication easement. p.o. box 25295, san mateo, california 94402 ■ email: arborresources@comcast.net phone: 650.654.3351 ■ fax: 650.24C.0777 ■ licensed contractor #796763 ARBOR RESC)LIRCES _ professi consultin� arborists and tree care . D �I"� , , _�D/ _ ;� � :�� .�,.� October 22, 2010 . 21835 Lomita Avenue ` J I �� -�� ...-. page 4 of 4 .w.� � . ...��.. u„ �,;.:r Pursuant to Section 14.18.185 ("Tree Re placement") of Cupertino's Municipal Code, replacements include installation of either c�ne tree of 36-inch box size, or two trees of 24- inch box size. Appropriate species wo�ild seemingly be a coast live oak (Quercus agrifolia), valley oak (Quercus lobata) or deodar cedar (Cedrus deodara), but should be installed at least ten feet from any future iardscape, and at least 20 feet from the future foundation. The new tree should be installed, includin2; necessary irrigation, by an experienced state- licensed landscape contractor or a professi �nal tree company. The method of installation should conform to the standards established by the ISA (International Society of Arboriculture). I also suggest the tree is dc�uble-staked, and irrigation be in the form of an automatic drip or soaker hose system placecl on the soil surface and not in a sleeve. Sincerely, i�� G � David L. Babby � , �� . Registered ConsuZting Arborist #399 �',� �t, 1. �� r,, Board-Certified MasterArborist #WE-4001B \_ -%� p.o. box 25295, san mateo, california 94402 ■ email: arborresources@comcast.net phone: 650.654.335 I ■ fax: 650.24C .0777 ■ licensed contractor #796763 • • • • 1 � � � � � � �