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TR-2011-77b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 C U P E RT I N t� (408) 777-3308• FAX(408)777-3333•planning�a cupertino.orq January 23,2012 Vikram Venugopal 1121 S.Stelling Rd Cupertino,CA 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER- Application TR-2011-77: This letter confirms the decision of the Director of Community Development, given on January 23, 2012, approving a Tree Removal Permit to allow the removal and replacement of a 57 inch circuxnference Coast Live Oak located between two single family residences, located at 1121 South Stelling Road with the following conditions: 1. APPROVED PROTECT The approval is based on the arborist's report prepared by Robert Apolinar (Certified Arborist #WE- 8846A), entitled, "Arborist Report, Diagnosis and Evaluatiori' dated December 2, 2011, except as may be amended by conditions in this resolution. 2. TREE REPLACEMENTS The applicant will be required to plant two (2), 24 box trees on the property in accordance with the „ Protected Tree Ordinance and the approved replacement plan. The replacements shall be planted within 30 days of the expiration date of the appeal period. 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. 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 the mailing of this decision. If this happens,you will be notified of a public hearing,which will be scheduled before the Planning Commission. If no appeal is made within the appeal period,the tree may be removed beginning Tuesday,February 7,2012. Sincerely, �.�-F-',.... �--�p �r colinJ g Senior Plann 408-777-3257 colinj@cupertino.org Arborist Re ort p Diagnosis and Evaluation San Jose Tree Service (408)422-1313 SANJOSETREE@YAHOO.COM Certified Arborist # WE-8846A Robert Apolinar Owner: Vikram Phone: 408 688-7688 Address: 1121 S.Stelling City:Cupertino State: Ca Zip: Plant History . _. ..... _ _. ..._... __.. . . _ ._ __ __.. . ___ _ __ _ _ _._ Common name: Live Oak Botanical name:Quercus agrifolia _. _ _.. .. . . .. .... ... _. ... ,.... _. . _ ....... . _ .. __..._ Age:30 years i Height:40 ft Trunk circumference(at 4ft): 57 in _ ... _. _.. . .._. _....._ _ ;.... .. _ . . i Branch, north to south:20 ft Branch spread, east to west:20 ft ;.. . _.. .. _ _........ _ _ .. _. ___ _.. Location: Front yard . ....... . .. .......... _. ... _...... _... _ _...... Cross Street: Rainbow Map Code: _........ _._.... _.......... _... _ _ . . __... ____ _ _. _ . ! General Condition: Poor,roots are cracking walls and driveway. _ .. _ __ i Past records: Topping _ _ ..... _...... . _ ___ _ _ Was plant: ❑Bare root ❑Ball-and-burlapped �Container grown ❑Moved with tree spade ❑Indigenous _.... ... _._... _ _. . _ __. Where purchased?Nursery _ _.. .. .... _ .. _._ _ _ _.... _ _._.. Has there been new construction or excavation near or around tree?None __.... ...... . . _...... _.. . _._. _... __. _... Does tree show signs of stress due to drought?None __...... _ _.... . _..._ _ _ _.. . __. Has tree suffered insect,disease, non-parasitic injury or other trouble?Tree has been topped in the past and will develop and unstable canopy! _ _.... _.. ..... . _.... _ _ Corrective procedures?Remove the tree and replant with a better suited species for the site. _..... Have lawn fertilizers containing weed-killers been used? None __._.. . . ...... . _.. ... . ... _ _.......... . _._._ T.,r..�,...n., . „_ ... ��. Soil compaction?None �'� ` _� ,.-°l _��_ ...._ . _ �f_ _. _ _ _.... . . __:�..._. _..... _.... Grade change? None ����/� _.. .. _ _ _... __ _._. __ Regular maintenance (water,fertilizer, pruning)?water � � � _.._ .��±�r�� �;� .:.�.,e _. _.. _ How long has symptom(s)appeared?N/A ', Are septic or other underground systems near?None _...... ..... .._ _._.. ..... .... _..... _. _... _....__ ' General site condition? Poor,tree is too close to homes and the root system is predominantly on the surface.The roots are causing the foundations on both homes to crack and both driveways to crack. __.... . _.. _._.. _ _.._ _._... .. _ _. _ _ . ... _.._ _ __._ Examination _.... .. _ __ __ _ _ _ Foliage,general condition?Good _ .... _...... . _ ....... . __. ....__..... . __.. . __. ___ __._ Holes in leaves or parts of leaf blade missing?None _. . . .... .... _... _......... _.. .. _._ .. . _._ _. Irregularly shaped spots on leaves?None �.,��-•4��,� '�C-,�D f 1- 7' _ __ .. . __._ .. __._ _._ _. _.__ .. _.._� __:_ _._ _ .�_ _ �.�.�-. � � �. ,� . _ w,. , , _ �� Wilting or drooping of the leaves?None j � 7j -�� _ .. . _.. . Presence of growth on leaves?None T _.. ,�._._�,� _ _ _ �_ _..__ _. __.. . __ : .. ..:�__ _ ` Twig examination?Good. - �' _ __ _... _ . . . .. _ __.._ __. _ _ . _ _ _ _ Branch examination?Poor,upper canopy was topped in the past and new shoots have a weak graft.As the new shoots increase in length and diameter they will become unstable. _ . ..... _ __ _ _ Trunk examination?Good _ . _ _ _ __ _ __. _ Loose Bark?None Canker,swellings, sunken areas? None _ .... _._. __:. _ ... ... __. _._ ___ Wet stained areas?None Longitudinal cracks or ridges? None __.. _. _ _ _. _ _ _ _ _ _ Absence of trunk flare?None _ _.. _.__ ..._ . _._ _ _. _._ . Presence of new growth on main stems?Yes _ _. . ........ _ _.. ___ __. _ _ __ Root examination?Poor,roots are growing into homes foundation and are cracking driveway and walkway. _. _ _ _._ _ _ _. _ _ _ _. _ __ _ . Root crown examination?Good,no signs of decay. _ _.... _ _. Remarks The tree is located in between two homes and is causing major structural damage to both properties.There are Several large cracks on both home's foundations,the driveways,and walkways.The tree is a major concern at this Time and the concern and damage will only increase as time goes on and the tree continues to grow. Both Homeowners would like to replace their driveways and stop the damage being done to the foundations.This tree Has become too large for its location and should be replaced. Recommendation is to remove the tree and plant A more suitable species. (See Photos) Date: 12-2-2011 , Arborist Signature: ��'`Y� � �'�i Certification#:WE-8846A