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TR-2011-40b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 C U P E RT 1 N t') (408) 777-3308 • FAX (408) 777-3333 • planning(cr�cupertino.orq September 6, 2011 Karl Schultz 18900 Stevens Creek Boulevard Cupertino, CA 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER (HAZARDOUS TREE) - Application TR-2011-40: This letter confirms the decision of the Director of Community Development, given on September 6, 2011, approving a tree removal permit to remove one (1) 25" diameter Shamel Ash tree in the front yard of property located at 18900 Stevens Creek Boulevard with the following conditions: 1. APPROVED PROTECT The approval is based on an arborist report titled "An Evaluation of An Ash Tree, 18900 Stevens Creek Boulevard, Cupertino" dated July 26, 2011, prepared by Michael L. Bench. 2. ARBORIST'S RECOMMENDATIONS The applicant shall implement all the recommendations made by the Consulting Arborist in the report. Prior to final occupancy for the Sunflower Learning Center, a report from an ISA certified arborist shall be provided to the City to ensure that all recommendations of the arborist have been completed. 3. TREE REPLACEMENT The applicant shall plant one (1) 36-inch box Autumn Purple Ash (Fraxinus Americana) tree. The replacement tree shall be planted prior to final occupancy for the Learning Center proposed at the site. 4. PROTECTED TREE COVENANT The applicant shall be required to record a covenant recording the replacement tree as a protected tree in accordance with the City's Protected Trees Ordinance. Failure to do so may result in code enforcement and/ or administrative citations. 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 1 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 for the hazardous tree in accordance with Section 14.18.140B (Exemptions) of the Protected Trees Ordinance. Sincerely, /� /`��� . �/�t.-2' r' � � Piu Ghosh Associate Planner (408) 777-3277 piug@cupertino.org 2 An Evaluation of An Ash Tree at APF'R�VAL � J�--"���� �' `T�' 18900 Stevens Creek Boulevard, Cupertino - ��,r;it,�.ii��i ��i,t;��aer �.�. �1� : � �...._...�,_. _..��_ � .�: ; An Evaluation of An Ash Tree �_.�—' z, .�.���'"�i;:3tiii"E; .�-v� __._-.--' 18900 Stevens Creek Boulevard �' _ .v. _ __ . . ;_ -�.���, w�_ - -- Cupertino, California Assignment I was asked by Piu Ghosh , Planner for the City of Cupertino, to evaluate the ash tree located at the southeast corner of the property for possible transplant or removal as a result of the widening of the driveway to the parking lot at 18900 Stevens Creek Boulevard, Cupertino. Observations I inspected the ash tree on July 26, 2011. � ,� � � r �� '' °' '� a `L The subject tree is seen here with a dense canopy. r � ". e � '+�` � I .. � �'�I ���� II ,� i} �k�`�,,' � . �,� r , i This tree is a Shamel ash (Fraxinus uhdei). This �� � � �' ' �''� species is also called Evergreen ash. � . ,. �,�.� >=. This specimen has a trunk diameter of 25 inches at 4 '/2 feet above soil grade. The overall height is approximately 40-45 feet, and the canopy spread is approximately 35-40 feet. ;�,; The health, which is judged by several factors #,. including the density of the canopy, is excellent. �. � 4 � � Unfortunately this tree's structural integrity is poor. �,,�� � " This is not obvious in this photo. � � �'�`; -..._ �' M. A��Y'ei��..��, ~ � � .. � .. ., .. .. _. � t,�.�.n�. . .. The photo here to the right shows the branching structure of the primary leaders. This structural defect is caused by natural growth of the stems. This defect is called co- s•�;-y��. dominant leaders with included (or imbedded) bark. The trunk expands each year with each new growth ring. The ` � individual leaders and branches (and the roots, as well) also °`� expand each year with a new growth ring. When these leaders are attached at a very acute angle, such as seen here _ �-. on this tree, they are literally pushing against each other. Each year the pressure builds between the two leaders. This is a common cause of major leader or limb failures in trees. ,, The leader, which is more horizontally inclined, is the most r ... . � , .. . !a Prepared by Michael l. Bench, Consulting Arborist July 26, 2011 An Evaluation of An Ash Tree At 2 18900 Stevens Creek Boulevard, Cupertino common one of the two leaders to split apart and fall. Some species are more prone to develope this defect. It is a common defect of many Shamel ash specimens. In this case, a central third leader is likely increasing the pressure and acting as a wedge. There is also a cavity on the leader facing east toward the street. Should the cavity sufficently weaken the integrity of the leader facing east, it could be this east facing leader to fail. In most cases, it is not a question of whether one of the two leaders will fail, but when one will fail. Unfortunately there is no accurate way to predict when the failure will occur, but it is highly predictable that a failure will occur. However, in my experience, many trees tend to split out major limbs or leaders in the Spring, during the most rapid growing period. Shamel ash when mature, such as this specimen, respond very poor to transplanting. The risk of survival is extremely low. This very high risk combined with the enormous cost of attempting to transplant a tree of this size makes it a very poor candidate for transplant. The wisdom of attempting to transplant a specimen such as this tree may be brought into further question by the fact that young Shamel ash trees grow quite fast and become large in a relatively short time. Conclusions Because of the tree's branching structure, I consider it currently at least Moderately Hazardous, because the building is vacant, and the traffic is intermittent. However, at such time that this building becomes a child care center, used on a daily basis and with children present, I would consider this tree a Serious Hazard. Bear in mind that the definition of Hazard requires a Target. The more frequent and the more precious the target, the higher the Hazard. Recommendations . 1. For the reasons described, I do not recommend that there be an attempt to transplant this Shamel ash tree. 2. Because of the Hazardous potential, I recommend that this Shamel ash be removed and replaced. However, I recommend that replacements not be planted in root barriers. As an convenient example, there exists a Shamel ash cultivar (Frmcinus uhdei `Autumn Purple') planted near the southeast corner of the building in a circular root barrier. Although this young tree is a small specimen, the top of this tree is starting to decline and the root system is `root bound' and `girdling' as a result of the root barrier. This young tree will die in a few years because of this type of root barrier, which in my opinion, should never be used. The owner could attempt to salvage this young tree by digging the tree up in the winter, remove the root barrier, root prune the tree, and re-plant it. There is no guarantee of survival, but it will certainly die in a few years if left in the root barrier. Prepared by Michael L. Bench, Consulting Arborist July 26, 2011 An Evaluation of An Ash Tree at 3 18900 Stevens Creek Boulevard, Cupertino 3. I recemmend replacement(s) for the large Shamel ash with a species appropriate for this area. Respectfully submitted, e.�.J Michael L. Bench, Consulting Arborist International Society of Arboriculture Certification #WE 1897 American Society of Arboriculture Member Prepared by Michael l. Bench, Consulting Arborist July 26, 2011