TR-2003-08b
10300 Torre Avenue
Cupertino, CA 95014
CITY OF (408) 777-3308
CUP ERJ I N 0 "..____"__________..______.____~..__________~---.--.~-~__~ AX ~~~8D) 7?7 -33~._________
Lommumty ueve opment epartment
September 9, 2003
Mr. Roger Wert
Northpoint HOA
10880 Northpoint Way
Cupertino, CA 95014
SUBJECT: PLANNING COMMISSION ACTION LETTER - TR-2003-08
This letter confirms the decision of the Planning Commission, given at the meeting on
September 8,2003, approving a request to remove six trees and provide replacements at
an existing planned residential neighborhood, located at 10880 Northpoint Way,
according to Planning Commission Resolution No. 6202.
Please note that an appeal of this decision can be made within 14 calendar days. If this
happens, you will be notified of a public hearing that will be scheduled before the City
Council.
Sincerely,
. ~
\.....I~'......'...,,-_.
Colin Jung
Senior Planner
g :/planning/post hearing/actionletterTR - 2003-08
FrecyciecJ r'dper
TR-2003-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6202
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
REQUEST TO REMOVE ONE 25" DIAMETER MONTEREY PINE AND FIVE
UQUIDAMBARS (12", 175", 16", 14" AND 11" IN DIAMETER) TO BE REPLACED
WITH ONE 24" BOX COASTAL REDWOOD, THREE 24" BOX PURPLE PLUM TREES
AND TWO 24" BOX CRAPE MRYTLES AT THE NORTHPOINT RESIDENTIAL
COMPLEX.
SECTION I: PRO/ECT DESCRIPTION
Application No.:
Applicant:
Location:
TR-2003-08
Roger Wert (for Northpoint HOA)
10880 Northpoint Way
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
to remove and replace six mature trees, as described in this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support removal of
the trees in that the trees are either irreversibly diseased, in danger of falling or can
cause potential damage to existing or proposed essential structures.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application for Tree Removal is hereby approved as modified;
and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application TR-2003-08, as set forth in the Minutes of the Planning Commission
Meeting of September 8, 2003 are incorporated by reference herein.
Resolution No. 6202
Page 2
TR-2003-08
09/08/03
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the Lewis Tree Service, Inc. arborist reports dated
February 24, 2003 and May 8, 2003 and addressed to Diane Mahan, supervisor of streets and
trees, and the tree location map with trees no. 1 through 6, except as may be amended by the
Conditions contained in this Resolution.
2. TREE REPLACEMENT
Removed trees shaH be replaced as indicated in the letter by Roger Wert of the Northpoint
Homeowners Association to Colin Jung and dated June 26,2003, except allIS-gallon trees shall
be increased in size to 24-inch box.
PASSED AND ADOPTED this 8th day of September 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Miller, Saadati, Wong and Chairperson Chen
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS: Corr
ATTEST:
APPROVED:
f sf Steve Piasecki
Steve Piasecki
Director of Community Development
f 5 f Angela Chen
Angela Chen, Chairperson
Cupertino Planning Commission
G: Planning/PdreportjResjTR -2003-08 res.doc
Exhibit: B
February 24, 2003
Ms. Diane Mahan
Supervisor of Streets and Trees
City of Cupertino
10555 Mary Avenue
Cupertino, CA 95014
ql
RE: Northpoint HOA
Dear Ms. Mahan,
At the request of Mr. Tim Fitzgerald of eMS Properties, Inc., on 2/18/03 I examined four
trees located within the association's common area. These trees encompassed two
separate locations.
The first location involves a Monterey Pine #648, located along Northwood Dr. at the left
rear corner of20363 Northcove Square. It is my understanding that the association is
proposing the continuation of the existing sidewalk along Northwood Dr. to North Cove
Square. This sidewalk extension would allow for the safe passage of pedestrians walking
around the street corner. The construction of this sidewalk would require extensive soil
excavation to reduce the existing grade by approximately 18~24 inches.
Because the tree is located approximately four feet from the existing curb it is expected
that approximately 40 percent of the tree's roots on the street side would need to be
removed to accomplish this project. Many of the buttress roots which emanate from the
tree's root crown are visibly growing along the surface of the soil. Small cracks in the
curb indicate that these roots are beginning to encroach on the roadway. It is my opinion
that the loss of these roots would jeopardize the structural support ofthe tree during
windy conditions. From a tree health viewpoint, it is my opinion that the extent of root
loss would not be within tolerable levels. Monterey Pines tend to be very sensitive to
either foliage or root losses beyond 15-20%. This has especially been found true since
widespread stress factors which include Pine Pitch Canker Disease, and increased Pine
Bark Beetle infestation have been decimating the Monterey Pine population. Therefore it
is my recommendation that tile tree be removed and replaced prior to construction.
Secondly I was asked to evaluate the condition of three Liquidambar trees located
immediately south of the large swimming pool. These trees were not numbered. The
smaller and larger of these three trees have similar problems. During the recent storms co-
dominant stems failed from weakly attached unions or narrow angle crotches.
Narrow angle crotches are the result of separate, adjacent branches growing in roughly
parallel orientations. As the branches grow in size, they begin to touch, and as they
'( ~
q (I
,
"
s
-'.
\, ~'1
4- 0
.. I :2 0"7 .\
expand in diameter, the bark is trapped between them. The trapped, or included bark then
prevents the formation of adequate connective tissues between the branches, and results in
a crotch that is structurally less sound than it otherwise might be. Crotches that are
stressed and contain large amounts of included bark also tend to produce a characteristic
swelling around the weakened junction.
Currently the primary leader ofthe larger tree has a large wound on the north side of the
trunk 15 teet above soil grade. It is estimated that approximately 50% of wood was lost
during the failure of this co-dominant stem. It is my opinion that the structured integrity
of the remaining stem has been compromised. Damage as a result of stem failure on the
smaller tree was similar. However the extent of damage was such that the tree had to be
topped for public safety. This action is not normally recommended tor long term
maintenance, but was the minimum degree of action required to address the hazard. A
secondary problem found with these two trees is that extensive surface roots are damaging
the walkways. Previous efforts to halt the progression of damage included replacing of
severely lifted segments, grinding of uneven transitions and root pruning.
Unfortunately these measures aimed at mitigating the damage have not been successful.
The third Liquidambar tree located in the row of three trees has a completely different
problem even though it's roots are also beginning to lift the adjacent sidewalk. This tree
appears to be in severe decline. Last summer and fall I observed declining foliage levels
with increasing limb die-back throughout the tree's canopy. I also observed many places
where a white frothy material was oozing from the trees' branches and trunk. These
symptoms may be caused by one of several species of bacteria. In an effort to curb the
spread to the remaining Liquidambar population I recommend the tree also be removed.
If you should have any questions regarding the above information, please do not hesitate
to give me a call.
Sincerely,
1/12~L/~
, .I
Nathan Lewis
President and Certified Arborist, License #WC1735
LEWIS TREE SERVICE, INC.
2
RE: Northpoint
May 8, 2003
Ms. Diane Mahan
Supervisor of Streets and
City of Cupertino
10555 Mary Avenue
Cupertino, CA 95014
Mahan,
At the request ofMr. Tim Fitzgerald ofCMS Properties, Inc., I two liquidambar
trees located within No.rthpoint Homeowners Association common area.
examination was performed on May 6, 2003 and induded a visual assessment
condition and extent of damage to the property. The foUowing report summarizes
observations.
Address:
Species:
Size:
20276 Northbrook
Liq uidambar
13" DBB (Diameter at Breast Height), 40' tall
This tree is located between the rear fence of 20276 Northbrook a four-foot wide
concrete walkway used by the residents of this community. The planting strip in which the
tree resides measures six feet in width by approximately feet The tree is in
reasonably good health, as indicated by the foliage quality and quantity, even though
heavy pruning has resulted in the loss of much of the tree's interior foliage and small
diameter limbs. The structure is defined by a single vertical leader relatively smaller
laterallirnbs as large as inches in diameter.
An inspection of the area surrounding the tree revealed moderate concrete
walkway, fence and rear patio. In addition, a brick border used to define the rear patio-
planting strip is being displaced. Using a probe it was determined large and shallow
woody roots are the cause of the damage surrounding tree.. It is opinion based on
these findings that extent of root pruning required to mitigate continued damage
would likely result in a high potential for root failure.
It is my reconnnendation that this tree be removed and replaced
better suited for this location.
a species
IS
Address:
Species:
Size:
1
Liquidambar
11 (Diameter at
Height),
tree is a planting behind the aforementioned unit and a walkway
utilized by the resident's ofthi5 association. The planting strip measures six feet by
twenty- five western edge of the trunk is concrete
walkway. A visual inspection of the tree's canopy indicates that the tree is' in fair health
and has fairly good structure. - mots have unarguably in lifiing
concrete walkway creating a low area at the adjacent walkway to west.
According to water from either a recent or
sprinklers tends to pool at this intersection thereby creating a large puddle for the
residents using the walkway. tree
ofa drain-line located parallel to the walkway. The picture shows of the drain
adjacent to where throughout the
Based on these findings, it is opinion that tlns tree no room for
expansion. ]'he tree should be removed and replaced with a more
specIes.
root crown
suited
If you should have
to give me a call.
questions
above
11,0t
Sincerely,
.~"--
Attn: Tim Fitzgerald
2
I rR..~~Ji1
~ ~~.~~ a.~ c ~
<Ii .~ .\ f-~~~~ I r;. ~ J V9
.Q~ ) ~COZ: 1 iW ~ "uXZ
~ e;".a , I ----I .~ 1 t'€(X)Z
___ ",,"..,...' '--'_ .::J
f"iI- \$"OOZ g "'SCXll
\.) bJL- - J
J 5<:;00;0 C "0 102:
: ii900Z 1J ~ " W::e
"" .....~.,,; ""<" . 1"" r-
':pLC02 k;; -
:,,~8OJZ ;:K I 0(:
a::
<:;Gcce ~ ",...1 ce
"e "'<;102
8~-1. .,~ ~ r ~: ~l
,8 0 ~ ,r. 'rSIOG
< ~ -. ..-
,--
J ~.~ ~
..,r
~I
~/'I
~
!
f.L
~'
"",low
(~
~':::
~
:;
'I
<,
4:-L.-
5LI0<: ~
~p ~
[ ~ 0
,I 5Ol02' U1 "-. U1
I ~" 1002021 1:12&
I 61202;': .. 8€.iXJ2
IOZZOZ a:: <YCt"\7l. aZ02
o C'V'-'-"1' ~
6~ZOC :<::..J I 1 81'lDG1
5\TZ02 '.;;./ ~ Lv2
S<;ZO: Y- mi L<,,;o
1 ~ ~~. /.'3202
8 2 ~ ~
J~lljO ~ \ ~,~
tlC:1n'lfj
'.,~
r-l--r--
~ ~ ~
- --
(
~
6 TIJTTl-'
6(5011
66601
I 5860 I ~
r7 3l:l'trros
\.~ I
rl.r1
m!g~
-
c
0(
o
a:
r-
~[j ~]
I 11011 C 3b'\inOS/ /
rroor )..)(S
10011
<;:6601
L 16601
o
0(
W
I-
U1
w
.:::!"
o
:r;
[j1ffij
=Q=gi
'--'
:! tv
. g)J iiJ
L6601
c;,6601P
L8601
:1
~ -
~ ~l ~ ~ ~ I
~ ~ - -
- "; -
(} 31:l\inDS
1/
l'f3SHl
}j~~~
8<::20Z
e;:ZOC
t1--=~coz
1 e;zce
sszce
BLWG
~
....
Exh ibit: C
....
....
3
mml
V
Hl1:l0N
~~~1~
- -
LLI
TL81
11.61
LOC:
3^n5G lS'dnH.l.b'ON -""
,---------------------------
I
....
"
"
\,
" \
\, \
\ \
\ I
I I
/ I
I I
I I
I
I I
I I
I I
I f
I I
I I
I J
!
I I
I
I
I I
! I
I
I
I
I
I
I
I
1
\
I
I
I
I
\Ill
>'
-I
~\
\
at
gl
JI
Xl
I
I
I
I
I
I
I
I
, j
I
!
I
I
I
I
I
I
r
1
r
I
I
I
I
I
I
I
r
I
I
I