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TR-2010-49b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 C U P E RT 1 N O (408) 777-3308 • FAX (408) 777-3333 • planning�a cupertino.org March 30, 2011 Arborwell Tree Management Attn: Sam Oakley 2337 American Ave Hayward, California 94545 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - TR-2010-49: This letter confirms the decision of the Director of Community Development, given on March 30, 2011, approving a tree removal permit to remove and replace a Coastal Redwood at an existing office complex (Apple, Inc.) located at 20705 Valley Green Drive. This removal is approved with the following conditions: 1. APPROVED PROTECT The approval is based on the ASCA-Certified Arborist report prepared by David Babby, dated March 10, 2011 titled "Coast Redwood: 20705 Valley Green Drive, Cupertino", except as may be amended by conditions in this resolution. 2. TREE REPLACEMENTS3 The applicant shall be required to plant one (1) 36-inch box, Coast Live Oak tree immediately northeast of the existing tree within the enlarged planter area identified in the Arborist report. The replacement tree shall be planted in accordance with the arborist report and the City's Protected Trees Ordinance. The required replacement tree shall be planted within 30 days of the effective approval date of this tree removal permit. 3. 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. TR-2010-49 20705 Valley Green Dr Page 2 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 letter. 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 tree may be removed after Wednesday, Apri113, 2011. Sincerely, Simon Vuong Assistant Planner City of Cupertino Enc: Arborist report CC: Apple, Inc., Maria Moules,l Infinite Loop MS 481-MO, Cupertino CA 95014 Arborwell Tree Management, Neil Woolner, 2337 American Ave, Hayward CA 94545 ARBOR RESOLIRCES _ professional consulting arborists and tree ca March 10, 2011 Simon S. Vuong Community Development Department AFRR�VAL `�—�Q, �� City of Cupertino F; ?',,,; ,_,,,� 10300 Torre Avenue ' ��D � 1 I �..�.�.�. _ _ _ _ .. . .. . . Cupertino, CA 95014-3255 c•r. r - �u[�� dt.4rl.1� � — RE: COAST REDWOOD 20705 Valley Green Drive, Cupertino Dear Mr. Vuong: You have asked me to evaluate the condition and review the proposed application to remove one large coast redwood (Sequoia sempervirens) located along the north side of the building at the above-referenced site. I visited the site on March 7, 2011, and this report presents my observations, photographs and conclusions. OBSERVATIONS The subject redwood (see photographs on the following page) is an estimated 70 feet tall and its canopy spreads approximately 35 feet across. It is situated within an 11.5-foot wide raised planter that begins to gently slope downward about four feet from the building. The visible base of the tree's trunk is 3.3 feet the adjacent building foundation and two feet from a 1.7-foot tall retaining wall. The tree has a trunk diameter of 41.5 inches (measured at 54 inches above grade, mid- slope), and the expapsive trunk growth at grade (called a"lignotuber") is nearly twice the diameter. Combined with large surface roots observed throughout the planter, this tree is steadily outgrowing the planter and currently occupies more than 60- to 70-percent of the planter width. p.o. box 25295, san mateo, california 94402 • email: arborresources@comcast.net phone: 650.654.335 I ■ fax: 650.240.0777 ■ licensed contractor #796763 ARBOR RESOLIRCES ,,, professional consult a and tree care March 10, 2011 20705 Valley Green Drive page 2 of 6 � e ► �i iy : ^� 3, i r� , 4 � � � �. � � . � ��i . .. . { t ijl . 1 J '.� � � � � } . . �� 'l H � ,� . "' � _ � V " t � �, � �y, � � ....._ �+... v ' � � , �.+t . f� i e t 3 _ ri . r�.s � F � �� ' r ''� , . . � �, r l �� . �. � � . �� fi ^ . l.Y� � � - � '� �� — � k4. �!� �� , t �� : �,."�3k n� a . ''ic� . - � �' � � � , i� `� ,�.. , . 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". .. . . ` ,�t ".?M - ,_z s�� . s.,.;�� . r,: � � � �, : � y � , � � � � � ,� Y �+; � r�. j �, �1�t _ i �� , ..r^ � �!` y T � �F� �r ..s '� a _' * # . t �� Y . � � . 4y ' K ��, .: � . . - .. � ...�' �.` k .... _ . _ .. � , r'�� `' ,� L.� • a�� r �^ '�� _ :.,. � ' -'�� . �� • ;� � � :, � �,-. � -. �, r= �;,; ,° �� .�_ � �`�� t 'r .: ' y �*C � � ' � 4 Y �� y ' .`—.-�.,. ° �.� � �, ',�` " r �`v"wy �,,� � P � ► ` ''T �' t 1 4 ' . , . .. . + � «.... y,e., ,� � .. � � � r.. ....,..... � � "�: -. �-t� ♦ r t . � y . tl k} � '��:.+�,}� R� � R , r � ;3 s ', � -, � , � a M1 :y , ., � - i` �; t `, ��"�� •��, S �+'� � r p.o. box 25295, san mateo, california 94402 ■ email: arborresources@comcast.net phone: 650.654.335 I ■ fax: 650.240.0777 ■ licensed contractor #796763 ARBOR RESOLIRCES _ professional consulting arborists an t c March 10, 2011 20705 Valley Green Drive page 3 of 6 At approximately 25 feet high, the trunk nearly abuts the roof eave of the adjacent building, and at the time of my visit, there were moderate winds that caused the tree to sway into the eave. This type of movement over the years has formed a depression in the bark and wood that can be observed where the tree and eave merge. From grade to the eave, the tree grows with a slight angle or lean (about 10 degrees) away from the building, and then ascends vertically above the eave. This type of growth pattern is typical for a tree seeking sunlight, such as a distinct mound or large surface roots on the side opposite the lean, and that there is no indication it is due to the tree having partially uprooted in the past. The tree appears in less than ideal health due to having a sparse canopy likely from a lack of supplemental water. Absent of sufficient water, a redwood of its size can be expected to decline further over its continued lifespan. The tree's structure can be regarded as poor. It is formed by a main trunk that divides, at around the building's roof eave, into three competing leaders that form a narrow and weak angle of attachment and increase the risk of one or more to break; this type of growth formation for a redwood is typical when either its top broke or was removed many years ago. Factors that further weaken the leaders' attachment includes them having relatively similar heights and sizes (althciugh variable, with one being dominant and the other two less dominant), and comprising the majority (around 40 feet) of the tree's height. The tree's branches are highly elongated, a circumstance that results in a higher potential branch failure in the future. An example of this occurrence can be observed at about 25 feet high, where a small two-inch diameter branch broke and is hinged at its break. p.o. box 25295, san mateo, california 94402 ■ email: arborresourcesQcomcast.net phone: 650.654.335 I ■ fax: 650.240.0777 ■ licensed contractor #796763 ARBOR RESOLIRCES _ professional co n su l t ing ar and tree care March 10, 2011 20705 Valley Green Drive page 4 of 6 I observed the building foundation, and found no cracking or heaving that would indicate damage has occurred. Given the trunk's close proximity at 3.3 feet away, I do, however, expect there are large roots currently growing along the foundation. DISCUSSION My observations reveal that this tree is sufficiently healthy to continue growing, and with additional watering and possible fertilization, potentially thriving. However, more significant concerns seemingly involve the tree's weak structure, abutting the roof eave when its trunk sways (such as during windy weather), and its proximity to the building foundation. Regarding the tree's weak structure, measures could potentially be employed to reduce the risk of one or more leaders failing, such as by reducing the two less dominant leaders, and possibly installing support cables. However, such substantial measures will adversely affect the tree's appearance and form, and will require frequent maintenance during its remaining lifespan. Regarding growing adjacent to the eave, Section 14.18.180 of the City Code establishes that a tree would potentially qualify for removal if it is causing potential damage to an existing structure, and that the damage cannot be remedied through reasonable � modification. For the subject tree, it is not directly affecting the structure, but rather indirectly through pressure or thumping against the eave. Modification of a roof eave is not uncommon (such as removing a section several feet from the trunk), and if found to be reasonable for this building, could alleviate the potential damage. p.o. box 25295, san mateo, california 94402 ■ emaii: arborresourcesQcomcast.net phone: 650.654.335 I ■ fax: 650.240.0777 ■ licensed contractor #796763 ARBOR RESOLIRCES ._ _ professional consulting arborists and tree ca March 10, 2011 20705 Valley Green Drive page 5 of 6 Regarding the trunk's proximity to building foundation, and as previously mentioned, I expect there are large roots currently growing along the foundation. However, root pruning to eliminate those roots would only jeopardize the tree and subject it to instability. I regularly encounter many large trees situated near commercial and office buildings, and damage is not evident or reported. However, there is the potential for it to occur, and the potential cannot be mitigated to less-than-significant levels without jeopardizing safety. CONCLUSIONS To achieve the tree's retention, measures to reduce the tree's risk of leader failure and modification to the roof eave seem imperative. When considering the tree's poor structure and potential foundation damage (due to the trunk's close proximity to the building foundation), it seems that the costs for employing those measures are significant and unwarranted. As such, it is my professional opinion that its removal conforms to Section 14.18.180 of the City Municipal Code. To mitigate is loss, Section 14.18.185 ("Tree Replacement") of the Code provisions installing one tree of 36-inch box size on-site. I recommend it consists of a coast live oak (Quercus agrifolia) or valley oak (Quercus lobata), and is established within the enlarged planter area located immediately northeast of the tree to optimize its opportunity for a vigorous and balanced canopy; see photo on the following page. Please note that I do not recommend it be installed within the existing planter containing the redwood due to the planter's size, as well as the unfavorable and substantial shading that the new tree would be provided by the building during the entire or most of the daylight hours. p.o. box 25295, san mateo, california 94402 ■ email: arborresourcesQcomcast.net phone: 650.654.335 I ■ fax: 650.240.0777 ■ licensed contractor #796763 ARBOR RESOLIRCES . pr c arborists and tree care March 10, 2011 20705 Valley Green Drive page 6 of 6 „�, �t� .r �:�t r` ��-�`� y , ��'�,C� � a 4M► ,.. �,.:a -.t.� ` e t . � . . �``' �� .:�.., , . �, y. � �: ' `'J�` t` a�_� Ld.�� _'' 4 -.S � �� '�'� '�r�.st�' y� 7} j 1� r ��,�},.� '� -�� '`s r Y.�� AC r , 1 ^ ° � T #: -• � � � . 4� �'-. J�, 1� . � � �� '� � ��'��'Y� `x•',`$ k.. F .� '��.. _ a 1 t �' �r t � f , � � . . '� R . } ° — �1 �.„� ; .,u' iw � �-��'.�� ,�.ar, .... � _ i -; � t i �. �r i'ly�...: -MWp; ��. . ,��- ,��' �� _ .��,��_.� � ,rl�� . +�,IG.d.�' �`' ". �,�, � ` ,. -�"` �^� ,,,�,;;i' ��: ��- . _ ; ' ". ,e i � � '� �� '�.�"�'' `�.�" + ��7 � 1� �,:' - � .. �^r"4' ,�£�,�� . . - �'��,1�"';.ir+�� `►�<�, . .:•' �,, . . ' . � - �..6�� :�'N: .. . . � .. ...,, ., .....tr,t:. .. .. . � � . . . � . . •.� '� ►-� u,YM �� 4 �.. The new tree should be installed, including necessary irrigation, by an experienced state- licensed landscape contractor or a professional tree company. The method of installation should conforni to the standards established by the ISA (International Society of Arboriculture). I also suggest the tree is double-staked, and irrigation be in the form of an automatic drip or soaker hose system placed on the soil surface and not in a sleeve. Sincerely, ti • _ �_ David L. Babby � �t ��`\ o =� � Registered Corisulting ArboYist #399 � ��, _ ,� .� Board-Certrfied Master AYborrst #WE-4001 B �.:_:__ : � p.o. box 25295, san mateo, californ�a 94402 ■ email: arborresources@comcast.net phone: 650.654.335 I ■ fax: 650.240.0777 ■ licensed contractor #796763