TR-2003-09b
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX
Community Development Department
CITY OF
CUPERJJN
February 10, 2004
Mr. Joe Byrne
22762 Alcalde Road
Cupertino, CA 95014
SUBJECT: PLANNING COMMISSION ACTION LETTER - TR-2003-09
This letter confirms the decision of the Planning Commissionl given at the meeting on
February 9, 2004, approving a request to remove more than 25% of a specimen Coast
Live Oak tree, located at 22762 Alcalde Road, according to Planning Commission
Resolution No. 6232.
Also, please note that an appeal of this decision can be made within 14 calendar days
from the date of this letter. If this happens, you will be notified of a public hearing that
will be scheduled before the City Council.
Sincerely,
)'
.,.., ,I.
/1' ):1 ,
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.~")t:~.<A',,
Colin Jung
Senior Planner
g :jplanning/pos t hearing/actionle tterTR - 2003-09
TR-2003-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6232
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
REQUEST TO REMOVE MORE THAN 25% OF A SPECIMEN COAST LIVE OAK
TREE AT 22762 ALCALDE ROAD.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for tree removat as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
WHEREAS, the applicant has removed more than 25% of a specimen size coast live oak
tree without benefit of a city permit, but the applicant has applied for one retroactively;
and
WHEREAS, an evaluation of the tree has been completed by the City's Arborist who has
made written recommendations to protect the health of the tree, rather than,
recommending removal.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application TR-2003-09 is hereby approved subject to the
conditions which are enumerated in this Resolution beginning on Page 2 thereof; 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-2003-09, as set forth in the Minutes of the Planning Commission
Meeting of February 9, 2004 are incorporated by reference though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: TR-2003-09
Applicant: Joe Byrne
Property Owner: Joe Byrne
Location: 22762 Alcalde Road
Resolution No. 6232
Page 2
TR-2003-09
2/09/04
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1.) APPROVED EXHIBITS:
The recommendation of approval is based on Exhibit A and Exhibit B titled: 1/ An
Inspection of a Coast Live Oak Tree at the Byrne Property /22762 Alcalde
Road/Cupertino by Barrie D. Coate, ASCA/Consulting Arborist/September 11,
2003,1/ except as may be amended by the Conditions contained in this Resolution.
2.) OAK TREE PROTECTION MEASURES
The applicant shall implement the oak tree protection recommendations detailed in
the Barrie D. Coate & Associates report dated 9/11/03 and are summarized below:
a) This winter (year 2004) have a certified arborist reduce the length and
weight of the longest limbs on the west and south sides of the tree canopy
by about 10 to 15%. The only pruning recommended is drop-crotch
pruning of the ends of the longest limbs per Western Chapter
International Society of Arboriculture (WCISA) Pruning Specifications
b) In April 2004, spray all of the large wood in the tree with Astro systemic
insecticide to prevent oak bark beetle.
c) In Winter 2005 have a certified arborist remove an additional 10% of the
branch end mass from the west and south sides of the tree per WCISA
Pruning Specifications, and remove watersprout growth from the interior
of the tree canopy.
For each phase of the work, the contractor hired to perform the work shall submit a
letter to the Cupertino Community Development Department indicating when the
specific task was completed.
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.
G:\Planning\PDREPORT\RES\ TR-2003-09 res,doc
Resolution No. 6232
Page 3
TR-2003-09
2/09/04
PASSED AND ADOPTED this 9th day of February 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
NOES:
ABST AIN:
ABSENT:
COMMISSIONERS: Chen; Giefer; Miller; Vice-Chair Wong and
Chairperson Saadati
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
YES:
ATTEST:
APPROVED:
/ sf Steve Piasecki
Steve Piasecki
Director of Community Development
/ sf Taghi Saadati
Taghi Saadati, Chairperson
Cupertino Planning Commission
G: \ Planning\ PDREPORT\ RES\ TR-2003-09 res.doc
EXHIBIT: A
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BARRIE D. Cl,.A I E
and ASSOCIATES
Horti cutural Consultants
23535 Summit Road
Los Gatas, CA 950:33
408/353-1052
AN INSPECTION OF A COAST LIVE OAK TREE
AT THE BYRNE PROPERTY
22762 ALCALDE ROAD
CUPERTINO
Prepared at the Request of:
Aarti Shrivastava
Community Development Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Site Visit by:
Barrie D. Coate, ASCA
Consulting ArboTlst
September 11, 2003
Job #09-03-179
BXHIBIT: B
AN INSPECTION OF A Cc. .." ,E OAK TREE AT THE BYRNE PROPERTY ~.
CUPERTINO
,CALDE ROAD
Assignment
I was asked by Ms. Shrivastava, to inspect an oak tree at 22762 Alcalde Road in
Cupertino after a major limb was removed,
Observation
The tree in question is a coast live oak (Quercus agr[folia) of 18.3 inches trunk diameter
at 4 11'2 feet above grade, 24 feet in height and with a remaining canopy spread of22 feet
The branch which was cut has been removed and is not present for my examination but
the base of the cut is approximately 12x14 inches.
The removal of this large limb has resulted in the loss of approximately 25% ofthe leaf
surface on the tree and has left the tree with a distinctIylopsided canopy.
Discussion
The unnecessarily large wound left by the flush cut of this limb will certainly result in
decay into the trunk of the tree and the liberal use of tar base tree wound paint will
certainly not change that.
The cut at the base of the limb is a flush cut which has left a much larger wound than
should have been made and has removed the branch bark ridge tissue which is desib'1led
to cover a wound with new tissue.
The removal of this branch bark ridge tissue not only leaves a much larger wound than
necessary which leaves a much greater surface for disease organisms to enter and
requires a much longer time to cover with new tissue than would have occurred if the cut
had been properly made.
The limb was removed from the east side of the trunk implying that the canopy above the
removed portion will not grow as quickly as if it had been on the west side. As a result it
will be necessary to do some endweight reduction on the side opposite the cut to
compensate for the loss of so much ofthe mass and weight on the east side of the canopy.
The tree can certainly survive this pruning and can eventually develop into a reasonably
fonned specimen but it will require several visits by a well-trained arborist to compensate
or correct the currently unbalanced canopy.
The decay which inevitably results from creation of such a large wound cannot be
prevented once the wound is made but since the decay will not begin to be apparent for 8
to 10 years or begin to endanger the trees' structure for an additional 20 to 30 years the
damage done will not cause the tree to be hazardous for many years yet.
Recom mendations
I. This winter have a certified arborist reduce the length and weight of the longest limbs
on the west and south side of the canopy by approximately 10 to 15%.
PREPARED BY: BARRIE D. COATE,. CONSULTING ARBORIST
SEPTEMBER 11, 2003
AN INSPECTION OF A Cu. ,[ L. \IE OAK TREE AT THE BYRNE PROPERTY <.. 0:" ."CALDE ROAD ')
CUPERTINO
2. Spray all of the large wood in the tree in April with Astro systemic insecticide to
prevent oak bark beetle (Pseudopithiphorus agr!foliae) from invading the tree
following the loss of this large limb.
3. In winter of2005, have another 10% of the branch end mass removed from the west
and south sides to further balance the canopy.
4. Between this date and the second pruning, the tree will have produced masses of
watersprout growth due to the exposure of the interior of the canopy to the light
levels.
During the second pruning, those watersprouts should be removed.
Under no circumstances should this pruning recommendation be taken to imply
excessive interior thinning is acceptable or desirable.
The only pruning recommended here is drop-crotch pruning of the ends of the longest
limbs and should follow the enclosed Western Chapter International Society of
Arboriculture (WCISA) Pruning Specifications in that procedure.
Respectfully submitted,
Barrie D. Coate
Enclosures:
Assumptions and Limiting Conditions
WCISA Pruning Specifications
Pictures
BDC/sl
PREPARED BY: BARRIE D. COATE, CONSULTING ARBORIST
SEPTEMBER 11, 2003
BARRI E D. COA Tl
and ASSOCIATES
Horticutural Consultants
23535 Summit Road
Lo s Gatos, CA 95033
4081353., 1052
ASSUMPTIONS AND LIMITING CONDITIONS
1. Any legal description provided to the appraiser/consultant is assumed to be correct.
No responsibility is assumed for matters legal in character nor is any opinion rendered as to
the quality of any title.
2. The appraiser/consultant can neither guarantee nor be responsible for accuracy of
information provided by others.
3. The appraiser/consultant shall not be required to give testimony or to attend court by reason
of this appraisal unless subsequent written arrangements are made, including payment of an
additional fee for services.
4. Loss or removal of any part of this report invalidates the entire appraisal/evaluati,on.
5. Possession of this report or a copy thereof does not imply right of publication or use for any
purpose by any other than the person(s) to whom it is addressed without written consent of
this appraiser/consultant.
6. This report and the values expressed herein represent the opinion of the
appraiser/consultant, and the appraiser's/consultant's fee is in no way contingent upon the
reporting of a specified value nor upon any finding to be reported.
7. Sketches, diagrams, graphs, photos, etc., in this report, being intended as visual aids, are
not necessarily to scale and should not be construed as engineering reports or surveys.
8. This report has been made in conformity with acceptable appraisal/evaluation/diagnostic
reporting techniques and procedures, as recommended by the International Society of
Arboriculture.
9. When applying any pesticide, fungicide, or herbicide, always follow label instructions.
lO.No tree described in this report was climbed, unless otherwise stated. We cannot take
responsibility for any defects which could only have been discovered by climbing. A full root
collar inspection, consisting of excavating the soil around the tree to uncover the root collar
and major buttress roots, was not performed, unless otherwise stated. We cannot take
responsibility for any root defects which could only have been discovered by such an
inspection.
CONSULTING ARBORIST DISCLOSURE STATEMENT
Arborists are tree specialists who use their education, knowledge, training, and experience to
examine trees,. recommend measures to enhance the beauty and health of trees, and attempt to
reduce risk of living near trees. Clients may choose to accept or disregard the recommendations
of the arborist, or to seek additional advice.
Arborists cannot detect every condition that could possibly lead to the structural failure of a tree.
Trees are living organisms that fail in ways we do not fully understand. Conditions are often
hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or
safe under all circumstances, or for a specified period of time. Likewise, remedial treatments,
like medicine, cannot be guaranteed.
Trees can be managed, but they cannot be controlled. To live near trees is to accept some
degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees.
~tlhkZe /) ~
Barrie D. Coate
ISA Certified Arborist
Horticultural Consultant
Supplied by courtesy of:
Banie D. Goate, Horticultural Consultant
Consulting Arl:Jolist
23535 Summit Road
Los Gatos, CA 95030
408/353-1052
Member
.American Society of Consulting Arborists
.Intemational Society of Arboriculture
PRUNING STANDARDS
WESTERN
WESTERN CHAPTER
,
CHAPTER
111tcM1atiDl1alSocict'1 ofA-rboric141tl-fre
ARIZONA
CALIFORNIA
HAWAII
NEVADA
Certification Committee · Po. Box 424 · St. Helena, California 94574
,S"
Written by: WC ISA Certification Committee
Ed Perry, Editor
John C. Britton, Chairman
Ed Brennan
Denice Froehlich
Richard W. Harris
Steve Holcomb
John M. Phillips
Fred Roth
These Standards ad,dress pruning in terms oftree growth and response. They are not
intended as a training manual for pruning or climbing techniques. Treepruning is often
dangerous, with unseen hazards. Proper trai,ning in safe work practices and supervision
is required for tree climbing. It is the tree worker's responsibility to exercise adequate
precautions for safety. All tree maintenance must be performed in compliance with
ANSI Z133.1, 1988 Safety Standards.
@ 1988 Adopted by the Western Chapter lSA Executive Committee on May 18.1988,
WESTERN CHAPTER
ISA
PRUNING StANDARDS
Purpose:
Trees and other woody plants respond in specific and predictable ways to pruning and
other maintenance practices, Careful study of these responses has led to pruning
practices which best preserve and enhance the beauty, structural integrity, and
functional value of trees.
In an effort to promote practices which en(ourage the preservation of tree structure
and health, the W.e. ISA Certification Committee has established the following
Standards of Pruning for Certified Arborists. The Standards are presented as working
guidelines, recognizing that trees are individually unique in form and structure, and that
their pruning needs may not always fit strict rules. The Certified Arborist must take
responsibility for special pruning practices that vary greatly from these Standards.
I. Pruning Techniques
A. A thinning cut removes a branch at its point of attachment or shortens it to a
lateral large enough to assume the terminal role. Thinning opens up a tree,
reduces weight on heavy limbs, can reduce a tree's height, distributes ensuing
invigoration throughout a tree and helps retain the tree's natural shape.
Thinning cuts are therefore preferred in tree pruning.
When shortening a branch or leader, the lateral to which it is cut should be at
least one-half the diameter of the cut being made. Removal of a branch or
leader back to a sufficiently large lateral is often called "drop crotching,"
B. A heading cut removes a branch to a stub, a bud or a lateral branch not large
enough to assume the terminal role. Heading cuts should seldom be used
because vigorous, weakly attached upright sprouts are forced just below such
cuts, and the tree's natural form is altered. In some situations, branch stubs die
or produce only weak sprouts.
C. When removing a live branch, pruning cuts should be made in branch tissue
just outside the branch bark ridge and collar, which are trunk tissue. (Figure 1)
If no collar is visible, the angle of the cut should approximate the angle formed
by the branch bark ridge and th~ trunk. (Figure 2)
D. When removing a dead branch, the final cut should be made outside the collar
of live callus tissue. If the collar has grown out along the branch stub, only the
dead stub should be removed, the live collar should remain intact, and
uninjured. (Figure 3)
E. When reducing the length of a branch or the height of a leader, the final cut
should be made just beyond [without violating) the branch bark ridge of the
branch being cut to. The cut should approximately bisect the angle formed by
the branch bark ridge and an imaginary line perpendicular to the trunk or
branch cut. (Figure 4)
F A goal of structural pruning is to maintain the size of lateral branches to less
than three-fourths the diameter of the parent branch or trunk. If the branch is
codominant or close to the size of the parent branch, thin the branch's foliage
by 15% to 25%, particularly near the terminal. Thin the parent branch less, if at
all. This will allow the parent branch to grow at a faster rate, will reduce the
weight of the lateral branch, slow its total growth, and develop a stronger
branch atta<:hment. If this does not appear appropriate, the branch should be
completely removed or shortened to a large lateral. (Figure 5)
G. On large-growing trees, except whorl-branching conifers, branches that are
more than one-third the diameter of the trunk should be spaced along the
trunk at least 18 inches apart, on center. If this is not possible because of the
present size of the tree, such branches should have their foliage thinned 15%
to 25%, particularly near their terminals. (Figure 6)
H. Pruning cuts should be clean and smooth with the bark at the edge of the cut
firmly attached to the wood.
I. Large or heavy branches that cannot be thrown clear, should be lowered on
ropes to prevent injury to the tree or other property.
J. Wound dressings and tree paints have not been shown to be effective in
preventing or reducing decay. They are therefore not recommended for
routine use when pruning.
2
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,
branch -...... '
bark ")4./,\ \
ridge \ \\ _
branch J \
collar
FIGURE 1. When removing a branch, the final cut
should be just outside the branch bark
ridge and collar
FIGURE 2, In removing a limb without a
branch collar. the angle of the
final cut to the branch bark
ridge should approximate the
angle the branch bark ridge
forms with the limb. Angle AB
should equal Angle Be.
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FIGURE 3. When removing a dead branch, cut out-
side the callus tissue that has begun to
form around the branch.
3
FIGURE 5. A tree with limbs tending to be ecjual-
sized, or codominant. Limbs marked 8
ore greater than 3,4 the size ofthe parent
limb A. Thin the foliage of branch B more
than branch A to slow its growth and
develop a stronger branch attachment.
, ,( ) vV
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In removing the end of a limb to 0
large lateral branch, the final cut
is made along a line that bisects
the angle between the branch bark
ridge and a line perpendicular to
the limb being removed. Angle AB
is equal to Angle Be.
FIGURE 6. Major branches should be well
spaced both along and around
the stem,
4
II. Types of Pruning - Mature Trees
A. CROWN CLEANING
Crown cleaning or cleaning out is' the removal of dead, dying, diseased,
crowded, weakly attached, and low-vigor branches and watersprouts from a
tree crown,
8, CROWN THINNING
Crown thinning includes crown cleaning and the selective removal of branches
to increase light penetration and air movement into the crown. Increased ight
and air stimulates and maintains interior foliage, which in turn improves
branch taper and strength. Thinning reduces the wind-sail effect of the crown
and the weight of heavy limbs. Thinning the crown can emphasize the structural
beauty of trunk and branches as well as improve the growth of plants beneath
the tree by increasing light penetration. When thinning the crown of mature
trees. seldom should more than one-third of the live foliage be removed,
At least one-half of the foliage should be on branches that arise in the lower
two-thirds of the trees. Likewise, when thinning laterals from a limb, an effort
should be made to retain inner lateral branches and leave the same
distribution of foliage along the branch. Trees and branches so pruned will
have stress more evenly distributed throughout the tree or along a branch,
An effect known as "lion's-tailing" results from pruning out the inside lateral
branches, Lion's-tailing, by removing all the inner foliage, displaces the weight
to the ends of the branches and may result in sunburned branches, water-
sprouts, weakened branch structure and limb breakage.
C. CROWN REDUCTION
Crown reduction is used to reduce the height and/or spread of a tree, Thinning
cuts are most effective in maintaining the structural integrity and natural form
of a tree and in delaying the time when it will need to be pruned again, The
lateral to which a branch or truf}k is cut should be at least one-half the diameter
of the cut being made.
D, CROWN RESTORATION
Crown restoration can improve the structure and appearance of trees that
have been topped or severely pruned using heading cuts. One to three sprouts
on main branch stubs should be selected to reform a more natural appearing
crown. Selected vigorous sprouts may need to be thinned to a latera, or even
headed, to control length growth in order to ensure adequate attachment for
the size of the sprout. Restoration may require several prunings over a number
of years,
5
II. Types of Pruning - Mature Trees (continued)
E. CROWN RAISING
Crown raising removes the lower branches of a tree in order to provide
clearance for buildings, vehicles, pedestrians, and vistas, It is important that a
tree have at least one-half of its foliage on branches that originate in the lower
two-thirds of its crown to ensure a welHormed, tapered structure and to
uniformly distribute stress within a tree,
When pruning for view, it is preferable to develop "windows" through the
fOliage of the tree, rather than to severely raise or reduce the crown,
III. Size of Pruning Cuts
Each of the Pruning Techniques (Section I) and Types of Pruning [Section II) can be
done to different levels of detail or refinement. The removal of many small
branches rather than a few large branches will require more time, but will produce a
less-pruned appearance, will force fewer watersprouts and will help to maintain the
vitality and structure of the tree, Designating the maximum size (base diameter]
that any occasional undesirable branch may be left within the tree crown, such as
1/:2', r or 2' branch diameter, will establish the degree of pruning desired,
IV. Climbing Techniques
A. Cli mbing and pruning practices should not injure the tree except for the
pruning cuts,
8, Climbing spurs or gaffs should not be used when pruning a tree, unless the
branches are more than thmw-line distance apart. In such cases, the spurs
should be removed once the climber is tied in.
C. Spurs may be used to reach an injured climber and when removing a tree,
D, Rope injury to thin barked trees from loading out heavy limbs should be
avoided by installing a block in the tree to carry the load. This technique may
also be used to reduce injury to a crotch from the climber's line,
6
BARRIE D. r'r \TE
and ASSOL1ATES
Horticultural Consultants
408-353-1052
2.3535 Summit Road, Los Galas, CA 95030
Cable Installation Detail
Holes shall be drilled in line with the pull of the cable, The backing washers must be of the smallest
outside diameter possible CAN" washers are suitable), countersunk onto the wood, through the bark, A
paIr of nuts, one a locknut must be placed on the washer, If eyenuts are used to attach the cable rather than
forged eyebolts, the eyenut must be secured with a locknut inside the eye, as shown below, Use
threadlock compound on all threaded surfaces as well.
The cables must be quite tightly tensioned when finished,
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Adapted from the National Arborist AssocIation
Rigid braces are employed to support crotches, to hold split Jilll;)S or
trunks together, to support cavities, ancl to prevent two branches fmlll rub-
hi ng against each other.
FIG. 44' LHl': For larger limbs, two par"llel screw rods provid<; lllUle "'PJlOlt ~h;lll a
single rod,
FIG, 45. CESHR: Installatioll of a single screw rod to support a V-shap<;d ('rotch,
FIG, -t6, HIGIIT: FUl very large limbs, the installation 'of a third rod abOlt the para1kl )()d~
is suggested, '
Crutch Bracing, The installation of artificial support is justified lJll ~ollJ1d
trees with WC'elK crotches, and when crotch cavities have already develup':d, 'I'll
provide ad:.litional snpport, as a rule, wire cables must he installed (see l~' 110)
higher ill ,11e tree whencvcr the branches extend more than ::'0 feet abol'l' the
crotch, In SIl1:'~] trecs or in secondary crotches of large trees, a single rocl may
be im( ,td ~hrou;;h tbe ccnter of the t\\'o limbs above the crotch (Fig. 45).
Larger lilli1S ma:i need the support of two parallel rods (Fig. 44)' These arc
llSuall)' placed above the crotch at a distance twice the di;llllcter of the lilllbs
at the point of rod insertion, and horizontally separated by a distance eCjual
to about half this diameter.
oast Live Oak T
2 Alcalde Road, Cupertino
t Photo 1 - Unbalanced canopy after removal of limb.
Prepared By: Barrie D. Coate, Consulting Arborist
September 11, 2003
_ lH inspection Of A Coast Live Oak
At The Byrne Property, 22762 Alcalde Road, Cupertino
t Photo 2 - A flush-cut which removed branch bark ridge tissue.
t Photo 3 - Site of removal of a large limb as seen from the east.
Prepared By: Barrie D. Coate, Consulting Arborist
September 11,2003