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TR-2002-03b ~.'lt,4 ,~~r CITY OF CUipElQ"lNO 10300 Torre Avenue Cupertino, CA 95014 (408) 777 -330S FAX (408) 777-3333 Community Development Department January 14, 2003 Ms. Patricia Cooper 1320 Payette Court San Jose, CA 95129 SUBJECT: PLANNING COMMISSION ACTION LETTER - TR-2002-03 This letter confirms the decision of the Planning Commission, given at the meeting on January 13,20031 approving a Tree Removal permit to remove one Coulter Pine and three Mexican Fan Palms located at the Cupertino de Oro Club, 20441 Homestead Road, according to Planning Commission Resolution No. 6171. 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. ;:z L_ Colin )u:{ ([ Senior Planner g:jplanninglpos t hearin g/actionletterTR - 2002 -03 Printed on Recycled Paper TR-2002-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6171 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE REMOVAL OF ONE COULTER PINE AND THREE MEXICAN FAN PALMS LOCATED AT THE DE ORO CLUB OF CUPERTINO, 20441 HOMESTEAD ROAD SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for tree removal, 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 met the burden of proof required to support said application; and has satisfied the following requirements: 1.) The proposed action, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to public health, safety, general welfare, or convenience; 2.) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application TR-2002-03 is hereby approved as revised and 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-2002-03, as set forth in the Minutes of the Planning Commission Meeting of January 13, 2002 are incorporated by reference though fully set forth herein. Resolution No. 6171 Page 2 TR-2002-03 01/13/03 __ oc_ SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Property Owner: Location: TR-2002-03 De Oro Club of Cupertino (Patricia Cooper) De Oro Club of Cupertino 20441 Homestead Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1.) APPROVED EXHIBITS: The recommendation of approval is based on exhibits labeled Exhibit A: Tree Location Map; Exhibit B: Condition Report for De Oro Club of Cupertino; Exhibits D through G showing trees #1 through #9 and improvement damage, except as may be amended by the Conditions contained in this Resolution. 2.) TREES APPROVED FOR REMOVAL The following trees are approved for removal as depicted in Exhibit A: Tree #5: 29" Coulter Pine Trees #7, #8 & #9: 3-12" Mexican Fan Palms 3.) TREE MONITORING AND REPORT a) If Tree #6 (Tanbark Oak) continues to decline in health, or an ISA-certified arborist reports in writing that the tree is in a state of irreversible decline, the Director of Community Development may authorize its removal. 4.) TREE REPLANTING PLAN The applicant shall return within three months from the date of this approval to submit a tree replanting/landscape plan for Design Review Committee approval. 5.) 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 aU of the requirements of Section 66020, you will be legally barred from later challenging such exactions. Resolution No. 6171 Page 3 TR-2002-03 01/13/03 --.." PASSED AND ADOPTED this 13th day of January 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: Auerbach, Chen, SaadatC Wong and Chair Corr COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: f s f Steve Piasecki Steve Piasecki Director of Community Development f sf Charles Corr Charles Con, Chairperson Cupertino Planning Commission G :jcup tn tjplanning/pdreportjres2jresTR - 2002 -03 <( I- ro :c x UJ a.. <( ~ G "'C) a: CI:l 0 0 ~ "'C) CI:l ~ ~ t5 ~ 0 s () ~ 0 0 .- I-< ..0 0:: t:: 0 :::l 9 g.cs 0 .\' u W w a: iEJ I- .... =: ~ E (0 CI:l 0.. " < Ci 0 .:: u 0 .- In s:: ~ 0 t .... u t l CI:l .- ::J - Z \J :> I .. u "'0 += a 0 0 00 a a. ~ ... E :s;a .3 " "'0 .... .r. a ~ ~ " 1;; " "p) :!: ~8 U') J: N 0 ~ G r.. ...... 0 ~ 0 :::J " C 0 ~ CJ N iEJ ...... =: ~ S t:: CI:l 0.. <( ~ ~ l:: ~ E- '!: E- Carmel Apartments G 01.) ~ ~ .s ~ Apadold. UO.lAaq:> OPAT8 EZUY ""G ON EXHIBIT B CON DITION REPORT Submitted To: Mrs. Patricia A. Coo r 1320 Payette Court San Jose, CA 9512 Project Location: De Oro Club of Cupertino 20441 Homestead Road Cupertino, California Submitted By: S. P. McCLENAHAN CO., INC. John H. McClenahan, Vice President member, American Society of Consulting Arborists Certified Arborist, WC-ISA #1476 October 18, 2002 @Copyright S. P. McClenahan Co., Inc., 2002 . GARY F. ARMSTRONG GENE K PEGLOW MIGUEL A 8ERUMEN JAMES M. McCLENAHAN DAVID F. MOORE JOHNHMcCLENAHAN S.P. McCLENAHAN CO., INC. ARBORICULTURISTS SINCE 1911 CONTRACTORS LIC. #651341 #1 ARA5TRADERO ROAD, PORTOLA VALLEY, CA 94028 TELEPHONE (650) 326-8781 FAX (650) 854-1267 October 18, 2002 Mrs. Patricia A. Cooper 1320 Payette Court San Jose, CA 95129 RE: De Oro Club of Cupertino 20441 Homestead Road Cupertino, California Assianment As requested, I inspected 5 trees to determine condition. Backaround De Oro Club of Cupertino is very concerned with public safety, sidewalk damage, parking lot damage and chronic sewer line damage related to four trees at the front of property. Summary Tree #1 is clearly damaging the existing asphalt driveway, and lifting the sidewalk. Recent sidewalk, sewer and PG&E repairs likely damaged tree roots on tree #2 and 4. It is difficult to determine the extent of root damage to these 3 trees. The root crown of tree #4 is growing into the asphalt and causing damage. Eventually the incompatibility will cause problems for tree health and continued damage to adjacent asphalt. Tree #5 is in a state of irreversible decline, therefore, I recommend removal. The property owner has significant concern that the potentially weak root system of tree #1 and 2 create hazard potential. The degree of root damage on trees #1 and 2 is unknown. Therefore, it is difficult to assess the risk of tree failure caused by a compromised root system. However, should tree failure occur, Homestead Road, sidewalk, parking lot and historical building serve as potential targets. Tree removal is the only way to eliminate potential risk associated with the 2 Pine trees. Neither tree creates an eminent hazard at this time. Mrs. Patricia A. Cooper Page 2 October 18, 2002 MethodoloQV No root crown exploration or plant tissue analysis was performed as part of this survey. In determining Tree Condition several factors have been considered which include: Rate of growth over several seasons; Structural decays or weaknesses; Presence of disease or insects; and Life expectancy. The following guide for interpretation of Tree Condition as related to Life Expectancy is submitted for your information. 0 - 5 Years = Poor 5 -10 Years = Poor to Fair 10 -15 Years = Fair 15 - 20 Years = Fair to Good 20 + Years = Good Tree Description/Observation #1: Torrey pine (Pinus torreyana) 42.1" DSH (diameter standard heigh.t) Height: 50' Spread: 45' Condition: Fair Location: Planter area between drive and sidewalk at city easement Observation: Foliage is typical of the species and indicates normal tree vitality. Tree grows to a slight southeasterly lean towards Homestead Road.. Cavity at low trunk extends to h.eight of 4 feet. Roots are damaging sidewalk and drive. Degree of root damage from previous sidewalk repairs is unknown. Mrs. Patricia A. Cooper Page 3 October 18, 2002 #2: Torrey pine 35.7" DSH Height: 45' Spread: 40' Condition : Fair Location: Planter at city easement Observation: Foliage is typical of the species and indicates normal tree vitality. Tree has very slight northerly lean. Recent sidewalk repairs occurred in the last 5 years. Sewer line trench in las year required root pruning. Two years ago PG&E trenching occurred 4 feet from north side of trunk to beyond dripline. Unfortunately, the "degree of root damage is unknown. #3: Coast live oak (Quercus agrifolia) 14.1"DSH Height: 25' Spread: 25' Condition: Good Location: Planter, 1 foot from asphalt Observation: Foliage is typical of the species and indicates normal tree vitality. Curvature of main stem appears insignificant at this time. Potential root damage occurred during sewer line trenching. Numerous old pruning wounds along low trunk exhibit varied degrees of callus closure. I anticipate future damage to asphalt from tree roots. #4: Coast live oak 17.7" DSH Height: 30' Spread: 25' Condition: Fair to Good Location: Adjacent to drive Observation: Foliage is typical of the species and indicates normal tree vitality. Bifurcations at 7 and 12 feet provide an inherent structural defect. Small cavities from old wounds on main trunk were observed. No room remains for root crown expansion on west side, as it is touching/lifting asphalt. Sewer trench and repairs occurred 8 feet to the east side of trunk. Mrs. Patricia A. Cooper Page 4 October 18, 2002 #5: Coulter pine (Pinus coulteri) 29.2" DSH Height: 45' Spread: 35' Condition: Poorllrreversible decline Location: Northwest corner of lot Observation: Tree is bark beetle positive and irreversible decline. I recommend tree removal. We thank you for this opportunity to be of service. Should you have any questions, or if we may be of further assistance in these concerns, kindly contact our office at any time. Very truly yours, s. P. MCffLft 1/11:'[- By: John H. McClenahan, Vice President member, American Society of Consulting Arborists Certified Arborist, WC-ISA #1476 JHMc: pm cc: Mr. Colin Jung Senior Planner City of Cupertino 10300 Torre Avenue Cupertino. CA 95014-3255 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 the risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or 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 a medicine" cannot be guaranteed. Treatment, pruning, and removal of trees may involve considerations beyond the scope of the arborist's services such as property boundaries, property ownership, site lines, disputes between neighbors, landlord-tenant matters, etc. Arborists cannot take such issues into account unless complete and accurate information is given to the arborist. The person hiring the arborist accepts full responsibility for authorizing the recommended treatment or remedial measures. Trees can be managed, but they cannot be controlled. To live near a tree is to accept some degree of risk. The only way to eliminate all risks is to eliminate all trees. Arborist: 9 >, /7 !~/ i;J;&t / . ,/L "IlL {L--- J....r/ John H. McClenahan Date: October 18, 2002 ~ t ~ 0:: ~ ~ . . N ~~ ~' '" (];J""'''''''' ," (1) .s o 1"'\, .~ ~ ~ ;>-... ;>-...(1) (1) ~ ~ 0 O~ L.......J~ ~ ro o bJj ~ 0 o .~ (1) r~ Q~ O~ oed .p ~ ~ Q.) 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