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TR-2011-38b 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 • planningCa�cupertino.orq September 29, 2011 jie Yao 49 Showers Dr., T411 Mountain View, CA 94040 SUBJECT: RETROACTIVE TREE REMOVAL PERMIT ACTION LETTER - Application TR-2011-38: This letter confirms the decision of the Director of Community Development, given on September 29, 2011, approving a retroactive tree removal permit to remove one (1) Coast Live Oak tree on the property located at 10108 Crescent Ct with the following conditions: 1. APPROVED PR0IECT The approval is based on the arborist report prepared by David L. Babby on February 23, 2011, by the arborist report prepared by Michael L. Bench on August 30, 2011, and Landscape Plan entitled "Native Tree Planting on Hillside" prepared by Sara Bruckmeier, except as may be amended by conditions in this resolution. 2. TREE REPLACEMENTS The applicant shall plant two (2) 24-inch box Coast Live Oak (Quercus agrifolia) trees and three (3) 24-inch box Water Gum (Tristaniopsis laurina) trees as shown on the planting plan titled, "Native Tree Planting on Hillside" dated September 28, 2011. The replacement trees shall be planted within 30 days of this approval. 3. LANDSCAPE INSTALLATION The City reserves the right to have the installed landscaping project inspected by the City's consultant arborist at the applicant's expense should a discrepancy arise from the time of landscape plan approval to landscape installation. 4. PROTECTED TREE COVENANT The applicant shall be required to record a covenant recording the replacement trees as protected trees within 30 days of planting the replacement trees in accordance with the City's Protected Trees Ordinance. Failure to do so may result in holds on future building permit applications, code enforcement action, and/ or administrative citations. 5. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS T'he 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, 1 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 dead tree in accordance with Section 14.18.140B (Exemptions) of the Protected Trees Ordinance. Sincerely, Simon Vuong Assistant Planner (408) 777-1356 simonv@cupertino.org 2 ARBOR RESOLIRCES . _ professional consulting arborists and tree care February 23, 201�� Simon S. Vuong Community Development Department City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 SUBJECT: TREES REMOVED FROM HILLSIDE 10108 Crescent Court, Cupertino Dear Mr. Vuong: You have asked me to perform the following items regarding trees recently removed from the east-facing hillside absent of shrubs or trees below the home at the subject site: a. Review photographs emailed to me on 1/26/11. b. Identify trees recently removed, and determine if they are considered a"protected tree" pursuant to Section 14.18.035 of Cupertino's Municipal Code. c. Identify the tree size, and where possible, species. d. Recommend replacements to help reforest hillside. I visited the site on February 11, 2011, and this report presents my observations and recommendations. OBSERVATIONS -- ' ;�� -� ,��. � , � - My site visit and review of the photographs emailed to me ��._� �� reveals that only one "protected tree" was removed. The tree is a coast live oak (Quercus agrifolia) with an estimated trunk diameter greater than 10 inches at 54 inches above grade, (likely 13 to 16 inches); see photo to right. 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 consulting arborists and tree care February 23, 2011 10108 Crescent Court page 2 of 3 Note that site observations were not available at the time of my visit due to the trunk having been removed or cut to grade, and any remaining stump covered by the black tarp being used for temporary erosion control. As such, all observations of this tree are derived from the trunk and remnants presented on the photographs emailed to me. Of stumps that do remain, I identified three of small trees or shrubs (species not entirely evident based on remnants) that were recently cut and have trunks ranging between three to six inches in diameter (see white arrows in below photos), and four very old and highly- decayed ones of eucalyptus trees that greatly predate development of the subdivision (see red arrows in below photos). �-�. - �, �,. �,. :��. �..�:_ ._ _. � . � � � �.:� s .. � , :.� ,. - *�" � .� ^��`;: � �± _ � � � � � '�* - � -�- �y��,�'ka .� I�..� ��,�. � r � ' , ,` . �. . " ., j !: �''' .`'1, ..' '. � "��' �L 7�; �` 1 £ 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 consulting arborists an tree care February 23, 2011 10108 Crescent Court page 3 of 3 TREE REPLACEMENTS AND RELANDSCAPING Pursuant to Table A, Section 14.18.185 of the City Code, mitigation for removing the coast live oak includes installing at least two new trees of 24-inch box size. Regarding species, I suggest either coast live oak or valley oak (Quercus lobata) are installed as far uphill as possible, near or beyond the canopies of the overhanging blue gum eucalyptus (Eucalyptus globulus), such as near where the coast live oak was cut down. They should be spaced apart by at least 20 feet, and double-staked with rubber tree ties with no cross-brace. Irrigation is necessary to provide establishment the first three to five years, and should be in the form of an automatic drip- or bubbler-type system applying water to the rootballs and not against the trunks. Regarding additional trees and vegetation to help reforest the hillside, they should be highly drought-tolerant, native to the area, tolerant of planting beneath the canopies of blue gum eucalyptus, and provide minimal wildfire fuel. In doing so, I recommend a landscape architect or designer is employed to identify the plant material, layout and irrigation. This concludes my report, and please do not hesitate to contact me with any questions or for additional assistance. Siricerely, h/� G � � .` David L. Babby , o ��t,, ' Registered Consulting Arborist #399 � ; ' . Board-Certified Master Arborist #WE-4001 B � ` �`�� p.o. box 25295, san mateo, california 94402 ■ email: arborresources@comcast.net phone: 650.654.335 I ■ fax: 650.240.0777 ■ licensed contractor #796763 Simon Vuong, Planner City of Cupertino �� -��,�� Community Development Department Planning Division ��,�f�� .� r �' . 10300 Torre Avenue � Curertino, California 95014 �'; Subject: Shi Property August 30, 2011 10108 Crescent Court Cupertino, California Simon, I have reviewed the original Arborist's Report by David Babby as well as the Landscape Plan prepared by Sara Buckmeier, Berkeley, California. Because this restoration project involves more than trees, it may be useful for you to know that I was a Landscape Contractor and Landscape Designer for several years before I became a certified arborist. This is not unfamiliar territory for me, as I have mainta.ined a strong interest in native plants and sustainable plants, which are able to survive on little or no supplemental irrigation after establishment. I have used all of the species of plants on this plant list (by Sara Buckmeier) in residential landscape projects, including my own landscape. Thus, my comments are based on a good deal of experience with the plants proposed on sloped conditions. The plan presented by the Landscape design by Sara Buckmeier certainly recommends plants that are "native, drought tolerant, d minimal wildfire fuel, " as recommended by the report by David Babby, February 23, 20� However, I have several recommendations based on my experiences. First, the plants suggested are all slow growing. The fact that they will be on a slope typically results in even slower growth. In addition, the fact that the plants will be in part shade of Eucalyptus globulus will also contribute to even slower growth. As a result of this, it will take a long time (up to 5-7 years) to fill the gaps between the planting plants to cover the soil. In the mean time, Mr. Shi will likely have a terrible fight to keep the volunteer grasses and weeds between the landscaping plants from overtaking. I recognize the risk of over planting, but in my opinion, slight over planting is required on a slope, because of the slow growth of native plants. Another factor is that most species of Ceanothus have a mortality factor regarding transplanting from nursery stock. That is to say, not all should be expected to survive. I suggest the planting of 9-12 Ceanothus plants instead of 6, as proposed. Also, I suggest to add 5-7 Correa pulchella to the planting list among the Ceanothus (9-12 planted specimens). Correa puchella is not native, but it is well adapted for slope conditions of this area and is extremely tough yet beautiful. It grows about the same height as this Ceanothus proposed. Ribes viburnifolium is an understory plant best adapted for moderate shade. It appears that the plan presumes that the Coast live oak (Quercus agrifolia) specimens will provide the needed shade. This would not likely occur for at least 10 years, because of the fairly slow growth of the nursery grown coast live oak specimens, and because the ribes would be up the slope. Field grown coast live oak can grow at least at a moderate rate if grown from acorns. Nursery stock coast live oak tend to grow quite slow, partially because of the root development in nursery containers. I suggest that 2 Ribes viburnifolium plants be planted per oak tree within 3-5 feet of the trunks of the oaks on the uphill side. The Heteromeles arbutifolia (toyon) and Myrica californica (Pacific wax myrtle) can reach heights of 15-25 feet at maturity. This would ultimately block the view, at least partially if not completely, of the lower growing plants over time. The shading will also be a problem for the low growing plants at maturity. For this reason, I suggest that the lower growing plants be planted at the bottom of the slope and that the taller plants be planted toward the top of the slope. Thus, it appears to me that the overall planting is backwards. I suggest the following order from the bottom of the slope toward the top: Archtostaphylos, Ceanothus, Myrica, Heteromeles. I also recommend an additional5-7 plants of each of these species to more quickly fill the gaps. I recommend the additional plants because of the slope and the slow growth. The additional plants will also improve the erosion control. There may be reasons, which I cannot see by review of the plan alone, which would better lend itself to the planting as proposed (i.e., taller to shorter moving up the slope), but the proposed layout appears backwards to me. I suggest to add Correa pulchella to the planting list among the Ceanothus. Correa puchella is not native, but it is well adapted for slope conditions of this area and is extremely tough yet beautiful. It grows about the same height as this Ceanothus proposed. Considering the objective to restore this slope to the same appearance prior to disturbance, it occurs to me that it may be desirable to plant 3 small trees, which have a somewhat Eucalyptus appearance (without the tremendous height) in the area of the Eucalyptus stumps. In this area, I suggest 3 Tristaniopsis laurina or 3 Arbutus marina. These two alternatives have a similar appearance to Eucalyptus without the height, which is not desirable in my opinion. Respectfully submitted, e.�c._____ Michael L. Bench, Consulting Arborist International Society of Arboriculture Certification # WE 1897 American Society of Consulting Arborists Member PROJECT INFORMATION GE+RDEN TwwsIATIONs Address 10108 CrescentCourt VICINITY MAP ��CEIVED Se.�Bti��,�. 2909 MLK Jr. Wey Cupertino, CA 4 � s�ai. casa�aa Telephone � �� `t��'.��r �? '�' PLANTMGANDIRRIGATIONNOTES: ��{ r � �'�^ i _ _ GARDEN DESIGN �' �� , ` 510.388.3207 i Property Owner Mr. Shi J , z 3` - {��' �.-��; irriyabon: �' . '�, �' � � �i�' � �t^ '� � . . . ; , �/ Add on to existing irrigation. Group proposed oak trees and native plards in a �.'�� ,�,� ��' �'-ti V hydrozone for iow�water use plards. This hydrozone shall be controlled by a Occupancy Group R-3/U-1 `' � ,� �, •" " ,� � � �+ separate veHe. Contracior shall designate one of the existing irripation valves �-T' �� ,--�� as this hydrozone and may use it to waler compatible bw-water use plards in �_'� the back yard. Irtipation set to water every 3rd day to staR, adjusted to 1x per COdB: ' � 1 � � � � � ,�, � ' , : � L week in the winter rainy season. �� . Section 14.18.035 Tree Replacement -�.,P�,�p�-� �--� r� ''��,.r'�!1= � �� . _ i .� p � ,� ,;�„ , I� �-� ° s� �� m8 sYstem to propased oak trees and native planffi on hillside shall be Cupertino Municipal Code i�.�. �a ` �—r'^,� pI�M list desipned to minim¢e water waste and runofr. Stop valves shall be installed . �• -�' �?- � � uphill from emitters as necessary to prevent bw head drainage. SCOPE OF WORK: �€��f ,� �� z za• box puercus agrifnlia --Coast Live OaW naturei form �� -• 5 -� � �= � 3 24' box Tristaniopsis laurina Install emitters at perimeter of root balls, not agairuttrunk. Emitlers to be Plant 2 native trees and native groundcover low-volume emitters such as drip and bubble�s. on hillside as recommended by Arborist 1 5 gal. Heteromeles arbutifolia 5 5 gal. Myrica calitomica --shrub form Tree plaMinp: Instalt iow of stones or concrete blocks down slope ofUae as Re�Ort. necessary to create watering basin. See plan for proposed bcations. 5 1gal. Ribesvibumifolium Mulch: 8 1 gal. Correa pu�hella A minimum 2 inch layer of mulch shaA be applied in piaMing areas. 10 1 gal. Aictnstaphybs hookeri —altemate: Ardostaphylos hookeri'Monte�ey CaipeY Mu�h to be shreddetl red cedar or equivalent shredtled mulch that will siay in Owner. . 10 1 gal. Cearothus'CeMennieP --altemale: Cearrothus griseus horizoMal's pl�ce on sbpe. Mr. Shi � ,� , � � �' ' , ', � �' , J � � �i,�j�� `_ � -r � --= �'`� ' � t =; ��-�� 1 ,! � I � j � � � i � � 'Y�` \�� • � ��\� \ , �� 't.� � s ws.� � � now�,�� I i � ` �` `.- ` �".,4 =,z �' ProjectAddress: � 1- �.� —V�� .:` `°� ' � �. 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EXIST 3' DEFP MULCH Plan� rool bal h TREE � �� \ � � S� �_.� c ,� s� �� PLANT/NG Q- \ � � END OF � �� \ I ' \ :\ � `•\ .\ 8 TNG � aRx seUll � � HOUSE � � �� \ � A' �asn�c :�r.� � r + � � � � � i > �� "°> +. I ��\\�� \.� UPPFR � \ G� EU \ ��y x i -'r,�",,/� �+ . ' �� R�. W� � � �� • ON � ; � � � �2 � � a,c�iu � s Roor �rm„g,e� �. POOL� � ��\�� `� `"" °��\ `'� .. �," ., , °`"�i,we H/LLS/DE :: � , . , , ti., x� ro�x a� �a i � � � .� `�., \� `. Heteromalec arb�fifoie � � � �bd\ � � . � I ` �\ \ netivs ehnL . \ \ \ 6'-7v � I � � �P�nO � 'L � . .. ( �`\\\ ` scean ietainnp wal G � , 70- Cea thus C3a{arxiiel' `� 2c ss wide �, � �\ � � n' s. 7 h �y x t d s es iootbell � � j . . \ \�£ � ? 7 B • _ \ � , 8 �� _��.__�---�--=---�T 7��--..— .� �� ,�;�� ,, B� L , ....�..a.�,..�..�...o,._.�.. �� ,, � . �' .�, , � �`\ eppmz h�i�M: 18 ,�t' � � DOUBLE STAKE 7REE ON SLOPE > �\ � ahove�Qrade �` \ � arak: � • 1'-0' � SITE PLAN \ � � � � � � � 5 MyT�9 raifort�iea�� Q � ivs ahn1�, fast �r scale: 1 .2� � \ ° 0 evasn`at roteloir� wa1 R E V I S I O N S a � � � � � � � � � � � �N � ` \ � \ u„ � � EXISTNG -� � � \\ R DESCRIPTION DATE Q ll� %� \ UPPBt \ � � � j `\ ` AGREEMENTBETWEENOWNERANDDESIGNER ! RETAININGWALL \� ,'� �� ' \ t t�eesody �a-�t � / r� \\ '� `,� � \ NOTE: z rdi qannna pen �-2z-�� N By the use of these plans, the OYVner and General or Sub Contrector have agieed ( �� v� �� , a incoruor.0 rsaiswby e•��f� � to indemniy the Designer of all legal mst associated with ary Ownerand ;, \\ \ �� The house and the upper retaining wall ars at �°""n'"° p`°°"ac M. � � Contractor dispu[es and holtl Designer hartnless. �� \ \ B�+d+ I � � �� the top of the h illside to be planted. a ��.s requ.s�ed ny e-ze-+� � The maximum Designer liability is limited to the fees received (or services � C�paroro Plemng Dept _+ �' ' � The to third of the hillside, next to the u r rendered. '�� `\ \ P PPe � , \ � \ wall, gets some sun. The bottom two�hirds of -a Sare Bruckmeier, Gartlen Desgnerdrefled landscape plans underme supenrisan ' 1� 1 � �� the hillside are in shade to part shade due to � of Enrique Zuniga of Pacific Sunset Homes, CoMredor. Sare Bruckmeier is not a I I ' I, '. the overfianging pnopies of existing blue gum PLANTI NG � licensed landscape aichilecL � �� j eucalyptus trees. � I� � �, ` PLAN �j , ------- �, —_;., i.i. N�i°ii�irw ° �ii.ar -- � � ----___J � � 6'FT. PROP. LINE FENCE � PLANTING PLAN S �$„ = 1,-O„ PAGE 1 of 1 PAGETOTAL �«,��.V.�,,,�b.,�.� �,. w o� �od,