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TR-2011-18b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CU:PERTINO, CA 95074-3255 C U P E RT I N O (408) 777-3308 • FAX (408) 777-3333 •�lannin�C?cupertino.or� June 08, 2011 Ms. Kathy Chung Wei-Hsin Chou / Yu-Fang Chung 10260 Phar Lap Drive Cupertino, California 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - TR-2011-18: This letter confirms the decision of the Director of Community Development, given on June 08, 2011, approving a tree removal permit to remove one (1) Coast Live Oak and replace it with one (1) Coast Live Oak at 10260 Phar Lap Drive. This removal is approved with the following conditions: 1. APPROVED PROTECT This approval is based on Exhibit 1, Consulting Arborist Report prepared by Michael Bench, dated Apri126, 2011, consisting of four pages and entitled: An Evaluation of Oak Tree at the property of Wei-Hsein Chou and Yu-Fang Chung, 10260 Phar Lap Drive and Exhibit 2, consisting of one page; regarding the removal of one (1) Coast Live Oak Tree, except as may be amended by conditions in this resolution. 2. TREE REPLACEMENT PLAN The applicant shall plant the replacement tree in accordance with the City's Protected Tree Ordinance and within 60 days of the effective approval date of this tree removal permit. The replacement tree shall be one (1) 36-inch box size Coast Live Oak Tree. The location of the proposed tree shall be in accordance with the Arborist Report and Tree replacement plan. 3. PROTECTED TREE COVENANT The applicant shall be required to record a covenant recording the replacement tree as a protected tree within 30 days of planting the replacement tree in accordance with the City's Protected Trees Ordinance. Failure to do so may result in code enforcement and/ or administrative citations. 4. 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 14.18.140 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 tree may be removed after Thursday, June 23, 2011. Sincerely, A rn ola Pl Division Community Development Department City of Cupertino Enclosed: Exhibit 1(Arborist Report prepared by Michael Bench, dated Apri126, 2011, revised on May 18, 2011) Exhibit 2 (Site Plan) AN EVALUATION OF AN OAK TREE AT THE PROPERTY OF WEI-HSIN CHOU AND YU-FANG CHUNG 10260 PHAR LAP DRIVE CUPERTINO, CALIFORNIA PREPARED AT THE REQUEST OF MRS. YU-FANG CHUNG 10260 PHAR LAP DRIVE CUPERTINO, CALIFORNIA 95014 PREPARED BY MICHAEL L. BENCH CONSULTING ARBORIST APRIL 26, 2011 REVISED MAY 18, 2011 aPPaovA� - �C's�"�� - �i�::_ A�rF;i�;�tio�� r�uniber ��,Hr�k....c�z. ') Y~} •. .. � ��...,....� m.r.n �+ � . ... .� W �. .....�..... , � . .. ... ... . .. . . . . ... ..��.....�.....��—. �` '�y ��,�'!y(..� ��,Y".�'.�,-t�ti:. � " EVALUATION OF AN OAK TREE AT THE CHOU/CHUNG RESIDENCE 10260 PHAR LAP DRIVE, CUPERTINO, CA Assignment I was asked by Mrs. Yu-Fang Chung to evaluate an oak tree located at 10260 Phar Lap Drive, Cupertino, California. Mrs. Chung had said that two limbs looked bad and she was concerned about the tree's safety. Observations Page � 1 I inspected the subject oak tree on April 26, 2011. This tree is a coast live oak (Quercus agrifolia) located on the back (east side) of the property, which is owned by Wei-Hsin Chou and Yu-Fang Chang, 10260 Phar Lap Drive, Cupertino, California 95014. This coast live oak specimen has a trunk measurement of 43.5 inches at 54 inches above grade. The canopy has an overall height of approximately 50 feet and a spread of approximately 50 feet at its widest point. The leaves on the two primary leaders on the east side of the structure are totally brown. These two leaders, which make up approximately 30°Io to 35% of the total canopy have died. Although these two limbs make up for half of the trees overall structure, together they contain a lower portion of the canopy volume. The greater volume of canopy is located on the other primary leader, which is facing the west side, and is primarily above the residence. This west side leader contains the greater portion of the canopy, estimated to be approximately 70% of the volume, is chlorotic (yellow in color). V � .� � .� �� `-��° �� , � E 5 � , Shadows obscure the image of this tree, making ,�,,�� .: � , ��a a �� i t d i f f i c u l t t o s e e t h e c a n o p y c l e a r l y, e s p e c i a l l y �� =�� '��~�"-� ' n� the surviving portion of the canopy. �� " � � ,, , a� �,� � ,:,�� ,„��*.�.e' ,a? � 'S�. � � , - .. T . . '�.i,� . � �a a v� . Y � � ' r y ��;�.. }�� • � The brown canopy at the top and center (seen � � ~ �,�* ;�Y fie � � � " � '� �'-�" " � � ��' here) are on the east side leader, which bends ��a� �'' "� �.�' q , ' » " � "x' . � � " � ` ' � � � �� F �� ' � toward the south. This photo is taken from the �:- � �.� �-� � r � �. �� . �� '�° M � ; �� ; ��- :` �� r�.�:: �.� r y �� - -.�� `�� southeast side of the canopy. The other east A -1� �� J ° ��:';`�� -q 5:� - side leader bends toward the north and is seen �� . � � �� ;�� ;- �� . � here in the lower portion of the photo and ��: �w' `�� `�� a p p e a r i n g t o t o u c h t h e p o w e r p o l e. B o t h o f sr,,� �, '; � � °� ,. �� these limbs are completely dead. �,� �� . �� ' - "`� ,:� �� ,. � . � � �� ~I "I'he survivin leader facin west (the left �r . g g � ��. � �� """yyy �� :� � � � � �� -�� ` , � � i cader in this photo) can be seen with foliage in b � ..' � . �. ' ..} -�,�.0 ti 3� W.: ... ��. �f� `° �� :. r�, v,�:� the back round. However, this folia e is �a� � � �,,� „ . � � ... g g � ��- � ��µ sparse, which is an indication of reduced �� °��. :� � �:" - -y��-� ��' � photosynthesis activity and reduced vascular function. Prepared by Michael L. Bench, Consulting Arborist April 26, 2011; Revised May 18, 2011 EVALUATION OF AN OAK TREE AT THE CHOU/CHUNG RESIDENCE 10260 PHAR LAP DRIVE, CUPERTINO, CA Although it cannot be seen in this photo, the leaves on the west side surviving leader are chlorotic (somewhat yellow), which is an indication of reduced chlorophyll or reduced nutrient absorption. An inspection of the trunk reveals numerous fruiting bodies of charcoal fungus (Hypoxylon) on the trunks of a113 primary leaders, but predominantly on the two dead leaders. Page � 2 . � '"..� , . . � �� , � ,� r ;�� a w q k � 'i Wa' � _�{ ��'�� ` ��'�` ' �� The dark s ots, round or teardrop in shape, seen in ;F �:�� 'r��MS � � ° -� .: ., tr � � �� p � : � �S �a�� Y ��;� �� * � . � : , ��';� �� this photo is charcoal fungus (Hypoxylon), which . . �;. � . � - � :, ; i - z=. grows only on dead tissue. � . �` � 'n"'R*� .. ` t . � .�.��. i � . � �.. It is observed to be located around the complete - �� ` .,�� "� � � � circumference of the dead stems and on ' 1.�'. . . . . . �� R r"' ... Y �� . �,�� ;, ` � , �� , ,; approximately 1 /3 of the surviving leader. - .� �,� : � �;F ��a :' � y , ��; �; " -a �� - ' There is also an infestation of oak bark beetle , , ,y, . . . k' � `" . a �"'�� ., , �: � � M _y. � � ; ' � � ,, .�� (Pseudopityophthorus pubipennis) on all three � � �' ° leaders, but much more predominantly on the two .� ;,,:�� „ � � , �. � �= �.», ..: r ' F 6 � � -^ �� . ;� a ��:r y�: dead leaders. Oak bark beetles commonly attack � -. � weak or dying specimens. Their entry/exit holes in � "� �'" �� ;; �"� �� the wood are so tiny that they are dif�cult to �' � �" Y � photograph especially in shadows, as in this case. .� � . � � y � �� . . ��q Y '� . �i� Y � . = .r. . � ' � ,� � �%i � ...� { . . ` y � �. � � .. y�' �� « � �� . . �� . `.,� �: ,�. ,,� 't �.�� There is a cavity in the center of the trunk below � ' 1 •r � `�� a � . ' �`� �.�� -`�F ' �� ,: u . � the fork where the 3 leaders emerge. �� Y �� k�.�� ' " x ''� � The entrance to this cavit is seen in this hoto. . � � . y •�, q . y , Y � . � : . �� y p -�. �� r�'`��- =� � �°` ��,: ° � There is extensive decay inside. � '� . � � �� y�` *�`t� � �'. �� . �4 � � �� t�'� 1„ �� . � , .�.. a , < �. �i. . s . 3 a ��j f �� `�. ,�� :a e � � z.� �: � Because of the severity of the canopy � �:��w �'� � : � g . . ' ' ��.� � � �� :- : - � � � � symptoms, I elected not to perform probes or �� `� �� '� �� = � �� tissue inspection (done with a specialized drill) �r ` +.= �� .� � - ' � `' on thi s specimen. � w . ,;�: +L *2'!° � '"° r . . .. ,��'�,�` . .. . . � �� •'� ,y-� � V '- '` . ��I�''� . . .°^�T'�} y "�B' �s�.' , % � � �- .� J �� _ 6 . ��. . . Prepared by Michael L. Bench, Consulting Arborist April 26, 2011; Revised May 18, 2011 EVALUATION OF AN OAK TREE AT THE CHOU/CHUNG RESIDENCE 10260 PHAR LAP DRIVE, CUPERTINO, CA Conclusions It is clearly obvious that this tree is dying. It appears that this tree started declining when the residence was constructed, approximately 30 years ago. The surviving leader is in contact with the roof, which has been cut or notched to accommodate the leader, which shows the proximity to the residence at the time of construction. In addition, the trunk is located only a few feet from the foundation, which likely indicates that this tree lost a significant quantity of its root mass Page � 3 when the footing was constructed. Among other damaging events in recent years, an access roadway was constructed on the east side of the trunk several years ago. This tree has struggled for many years. As one part of the tree has died and another part has become under attack in a progressive process, the decline is now at an accelerated rate. In my opinion, no remedial action at this point in time would significantly change the fact that this tree is dying at an accelerated rate. Recommendations Unfortunately tllere appears no other alternative, but to recommend removal of this grand old warrior. It has struggled admirably for many years but is finally losing the battle. There does not appear to be an immediate hazard, but I recommend that the owners be permitted to have this tree removed at their earliest convenience. I recommend removal of this tree before the end of this year. If it would be desired to plant a replacement tree at this same location, it would be essential to stump grind the trunk and to spread the chips in the sun for several days to reduce the risk of disease to the new tree. However, the deck and front entry would have be practically demolished to stump grind this specimen. Instead, I recommend to cut the trunk at about 3or 4 feet above grade, which could be used to attach a table top or garden statue. I recommend that the replacement be planted in the front yard of Phar Lap Drive, where there are some open spaces. A sketch of the site has been prepared by Mrs. Chung. This sketch is a good representation of the relationships between the existing features. This sketch also shows the location of the coast live oak tree recommended to be removed and shows the approximate location of the replacement specimen, which I recommend as a suitable location. I recommend one of the following species for replacement in no particular order: Coast live oak (Quercus agrifolia) Valley oak (Quercus lobata) Scarlet oak (Quercus coccinea) Deodar cedar (Cedrus deodara) Chinese pistache (Pistacia chinensis) London plane (Platanus acerifolia `Columbia' or `Yarwood' ) Fruitless Olive (Olea europea `Wilsonii') Prepared by Michael L. Bench, Consulting Arborist April 26, 2011; Revised May 18, 2011 EVALUATION OF AN OAK TREE AT THE CHOU/CHUNG RESIDENCE 10260 PHAR LAP DRIVE, CUPERTINO, CA All of these trees require: (1) excellent drainage, (2) 10--15% organic compost mixed into the soil; (3) thorough irrigation to establish (approx 3 years), but moderate (every 2 weeks) to low imgation (monthly) after well established; (4) planted on a mound 6-12 inches above soil grade; (5) slow release fertilizer added to mixture initially - these should need no fertilizer thereafter; (6) I recommend to dig a very wide planting hole ( 3-4 times the size of the nursery container or Page � 4 box), but not deeper than the size of the nursery container. Wholesale suppliers in this area are: (1) Boething Treeland, Portola Valley (650) 851-4770; Valley Crest Tree Company, Sunol (925) 862-2485. Respectfully submitted, ; _, ,--- +�—_ Michael L. 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