TR-2011-75b OFFICE OF COMMUNITY DEVELOPMENT
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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(a�cupertino.org
January 31,2012
Steve Albert
SEA Construction
1941 O'Farrell St#101
San Mateo,CA 94403
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER- Application TR-2011-75:
This letter confirms the decision of the Director of Community Development, given on January
31st,2012,approving a tree removal permit to allow the removal and replacement of a Coast
Live Oak tree (Quercus Agrifolia),located at 11009 Sycamore Drive with the following
conditions:
A. APPROVED PROTECT
This approval is based on the arborist report prepared by Michael Bench, dated
November 17,2011,consisting of 3 pages and entitled:An Inspection of a Coast live Oak:
11009 Sycamore Drive, except as may be amended by conditions in this resolution.
B. TREE REPLACEMENT
The applicant will be required to plant one (1) Coast Live Oak (Quercus Agrifolia) on the
property in accordance with the Protected Tree Ordinance;and the location and planting
requirements as set forth by the arborist Michael Bench. The replacement tree shall be
planted prior to final occupancy.
C. 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 citadons.
D. PLANTING REQUIREMENTS
The replacement tree Coast live Oak (Quercus Agrifolia) shall meet the following
conditions set forth by the arborist Michael Bench:
i. Coast live Oak (Quercus Agrifolia)must not be planted in a lawn area. Irrigation for turf
is not campatible with the culture requirements of this species.
u. The replacement tree must be irrigated by a drip or soaker system for a minimum of 2-3
years, atleast 2 years if a 24 inch boxed specimen,and atleast 3 years if a 36 inch boxed
specimen. If the root ball dries out only one time at any time during this period,
especially during the initial months,the tree will die.
iu. T'he root ball must be kept thoroughly wet during the period of purchase,loading,
transport,and during the period it may sit waiting for transplant.
iv. Irrigation must be applied immediately upon transplant.
v. Irrigate the root ball thoroughly (to a soil depth of 24 inches) with each application.
Irrigate 2 times weekly for the first 6 months. Then,irrigate one time per week for the
second 6 months. During the second and third years irrigate thoroughly every other week
(or twice per month).
vi. Plant the tree so that the root collar (the first roots emerging from the trunk) is 6 inches
above the surrounding grade.
E. 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 Wednesday, February 15,2012.
Sincerely,
Apa Ankola
Pl Division
(408) 777-3319
aparnaa@cupertino.org
cc: Chris Migda1,11009 Sycamore Drive,Cupertino,CA 95014
: An Inspoction of sn Ovc Tre�at
11009 3ycsnzore DcivE,C�rt�no
An Ynapcction of a Ca�ut LivE Oak
; 11009�}►cAmore DrivE,Cupertino
� Asaign��nt
I w�s asked by Ms. Ap�rna Arlkola,Cifiy of Cupartino, to inspect an oak tree at thc�operty of
Mr. Christoph�r Migdal, l 1009 Syc�more Drive,Cupefino,C�llifornta. Based on the
rccommcnd�tion by 3ohn McClcnahan, Certified Arborist,Mr.Migdal requests to ranove the
oak trce.
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i Obacrv�tio�s
! I visited the sitc on November 17, 2011 to inspxt th�trex requested to be removed.
The�ubject tree is a coast live oa.k(Quercus agrffol�a),located in thc front yard at 11009
Sycamore Driwe,Cupertino. ���y����nvy�i�►���ty a�,especially on the south
and west sides of the canopy,�s aecn in the following photo.
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�: °:": There is branch tip die b�ck in portians of the
- - iall on the north sidc f�c' the
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�fi�` l'``' - 2'C31dCIICC.I C3hIY18tC tt1C t0�(�1C b$C�C t0 bC
approximately 5%of thc total c�nopy,cert�inly
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not more tt�n 10%.
Approximately h�lf of the canopy has annual
:. branch tip growth of 6-8 inches,which is
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-:: considered good for this species.
� ' This tree is�multi-tcunk specimen,ha�ving a
� unique�nd rather dwkv�rerd st�cture as s�en in
the photo belbw.The up�ight leader on the left
has second�ry leader attached at�n acute angle,
: which is prone to failure. With the exc�ption of
tlus leader having a weak�ttachment,the tree
� appears stable.
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' Prep�u�d by Mich�l L.�ach� Co�sult�ng AcborLst Nov�mbor 17�2011 �
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There is�de�d area of vasoular tissue on the west
; aide of the tnink. Th�re ar�also a few dark wet
apots on the tcunk(left�ide of the trunk in this
photo)approximately the size of a silv�r doll�r. I
used a mallet to strike ttu darlc arcas of the trunk
seen here.Despite the discoloration,the bark and
wood directly undcr the bark at this point is�olid.
y Ciurently the wood is not soft.A characteristic of
! _ " the crown rot disease,a�k root fungus(Armellaria
, ��,� mellea)is soft, almost sponBY in texture.The
- �� �' . . � wood on this tree is clearly solid at this time.
� The buttr�ss roots are well exposed and the tivnk
� of this troe is slightly elevated above th�
surrounding soil. Thc gencr�l slopc of the front
yard is downward toward the street on the south
and west sidcs.
Thc remainder of the trunk bark is well attached
�nd appears healthy.
. I did not find exit holes of boring insects,but it is certainly possible that some exist.
Propoaed Baaement Entrance
A Site Plan has been provided showing the location of this Coast live oak tree in relation to a
� new b�sement entrance. This plan has bcea prepared by Pacifie Peninst�la Architecturc,Inc.,
{ Menlo Park, Sheet 1,dated 11-21-2011. As shown on this plati,thc reta'ming wall for the
t�asement entrance is located approximately 5 fect from the ttunk of this tree. However,the
: �ctual soil cut would be approximately 4-5 feet west of the west of the retaining wa11 as shown
on the plan. The mot damage is expected to be very severe. This trec would not be expected to
� survive the root losses associated with the excavation to construct the retaining wal1.
Coaclusions
- The azborist's report states that there is"root crown rot and bori.ng insocts"I did not find clear
evidcnce of either of these.The arborist's report does not state specific�lly whieh type of root
crown root or which type of boring insects. In my opinion,thc die back�discoloration of the
bark on the trunk appears to be consistent with bark injuries from being struck by equipment
such as a tractor.It is obvious that no equipment or tractors have used near this trce reccntly,but
. thi�in,jury may have occurrad when the l�ndscape w�s inst�lled. Injuries from oquipment often
take a whilc to develop.
The d�rk ksions(dark wet areas)�ppe�r to be consistent with tl�e bac�erial dis�se called
• Wc�wood,which�re�mt considered signific�ntly harmful. The�e dark w�ct areas�re�lso
. consist�t with�h�wounds Icf�by pesticide injECtion.
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An I�on of an Oak Ttee it
11009 Sycunore,Ddvo,Cupertino
- The aite conditions, includiag the elevated and exposed root collar,the cic�n��rraund the
trunk,and the slopc dowahill from the trunk,arc not consistent with the root crown disease
conditions for the development of Armelloria»:ellea.
The causes of the dio-back are not clearly established. The volume of dic-back is cumntly not
sufficient to warrant removal on the basis of poor condition.
; However,the tree could not be expected to survive the construction of the rotaining wall on the
� cast side of it�trunk.
�
R�commend�Non
I recommend that this coast live oak tree be removed on the b�sis of the damage it would suf�er
during consh uctian of the retaining wall to the entrance of the besem�nt
The condition of tlus tree is not sufficicntly poor to warrant its removal on the basis of diseasc or
� insect attack.
�
Respectfuily submittcd,
' �.�
� Michael L.Bench,Consulting Arborist
Internabional Society of Arboriculture Certification#WE 1897
American Society of Consulting Arborists Member
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' Preparea by Mict►ael L.B«�ch, conaulting arbortat NovEmber 17,2011