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TR-2012-42b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 C U P E RT!N O (408)777-3308• FAX(408)777-3333•�lanning(a�cupertino.orq December 3, 2012 Massoud Vameghi 10353 Mira Vista Road Cupertino, CA 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2012-42 This letter confirms the decision of the Director of Community Development, given on December 3, 2012, approving a tree removal permit to allow the removal and replacement of a 14" Coast Live Oak tree in the front yard of a single family residence, located at 10353 Mira Vista Road. The application is approved with the following conditions: 1. APPROVED PROJECT This approval is based on the arborist report prepared by Michael Bench (#WE-1897), dated October 24, 2012 consisting of 2 pages and recommendation for replacement tree, except as may be amended by conditions in this resolution. 2. TREE REPLACEMENTS The applicant will be required to plant one 36-inch box Coast Live Oak replacement tree in accordance with the Protected Tree Ordinance, City arborist's report, and approved replacement plan. The replacement shall be planted within 30 days of the effective approval date of this tree removal permit. Modifications to tree species and location may be made to the approved replacement plan pending staff approval. A letter of completion from an ISA-certified arborist that indicates that the removal and replacements have been performed satisfactorily shall be provided to the City. 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 and the trees cannot be removed until a final decision on the appeal has been made. If no appeal is made within the appeal period,the tree(s)may be removed after Monday, December 17, 2012. Sincerely, ��j�'" Diana Pancholi Interim Assistant Planner (408) 777-3319 diana�@cu�ertino.or� enc: Arborist report Site Plan ADDENDUM TO AN INSPECTION OF AN OAK TR�:�; LOCATED AT THE MASSOUD VAMEGHI RESIDENCE 10353 MIRA VISTA ROAD CUPERTINO, CALIFORNIA ASSIGNMENT October 24, 2012 Diane Pancholi told me that a"Specimen Tree"would be required to replace a coast live oak, and for this reason, asked that I provide any additional recommendations for the planting or establishment of a Specimen tree. RECOMMENDATIONS 1. In order to expect that a specimen tree would survive many years, it would be essential that a section of the lawn be removed for the planting of a new specimen tree. The location of the tree must be up slope from the lawn. In this case,the front yard slopes toward the street. The tree must not be located near the street, in order to avoid excessive moisture from the lawn moving into the root ball of the tree, placed in a down slope position. Thus,the specimen tree must be planted on the up hill side of the lawn, which would be near the residence. 2. The new specimen tree must have a minimum area in which the irrigation must be compatible with the needs of the tree. There must be a minimum space of 15 feet radius from the trunk in which there must be no lawn. Within this space,the soil does not have to be bare, but the plants within this space must be compatible with the needs of the "Specimen Tree". Thus, shrubs and perennials may be planted in the area surrounding the tree, but I suggest that no plants be planted within 5 feet of the trunk of the new tree. 3. The specimen tree must be irrigated during an establishment period. Irrigate 2 times per week during the summer months(the dry months)of the first year. Irrigate 1 time per week during the dry months of the second year. Irrigate every other week during the dry months of the third year. In the forth year the specimen tree should require no irrigation, but would likely perform best if irrigated deeply about every 4 to 6 weeks in the dry months. 4. It would be essential to plant the specimen tree on a slight mound, 6-10 inches above the surrounding soil grade. 5. There are many plants that could be planted in the area surrounding the Specimen tree, but they all must be "Drought Tolerant" species. A few examples are: Ribes sanguinium Cotoneaster `Low Fast' Lavenders, such as Lavandula angustifolia Sage, such as Salvia leucantha Heuchera sanguinia Creeping thyme (Thymus praecox) Daphodils Respectfully submitted, —`,___ �,— Michael L. Bench, Consulting Arborist International Society of Arboriculture Certification # WE 1897 American Society of Consulting Arborists Member / (,. Review of a Coast Liv� �,ak 10353 Mira Vista Road Cupertino, California o � � � � � � -� 2 5 2p12 OC AN INSPECTION OF AN OAK TREE LOCATED AT THE A�PI�OV�4 � MASSOUD VAMEGHI RESIDENCE .fi�;�<•��s�,�t ��;;�;;�,�.� 10353 MIRA VISTA ROAD / �.�.. -- _� w-�-aaa-,._�e CUPERTINO, CALIFORNIA �LL �icn�t�r� o �- �� ASSIGNMENT �,��.:�� _-'-`..."_. I was asked by Diana Pancholi, Planning Division, City of Cupertino, to inspect a coast live oak tree for possible removal at 10353 Mira Vista Road, Cupertino, California. OBERVATIONS I inspected the tree on October 23, 2012. The subject tree is located in the front yard of the Vameghi Residence. It is a coast live oak (Quercus agrifolia). The trunk diameter is approximately 14 inches DBH (Diameter at Breast Height= 54 inches above grade). The canopy is approximately 30 feet in height and is approximately 30 feet wide. ��, ;.� This tree stands prominently in the center of front yard, effectively �'``�::,. surrounded by lawn. z��, i�, - _ - The overwhelming maj ority �; __ k�.��>-_� - of the leaves are brown. A _ _ ��`� _ _ - `�j small quantity of leaves � � ` remain green. � —� ;�� The trunk bark is cracked or has shrunken, indicating '�"� �'� �� _ , that the underlying vascular ° - . tissue has ceased to � p� function. Ms. Vameghi, who came outside to greet me, stated that she had built the path around the trunk of the tree to preserve it. She also stated that she has fertilized and watered the tree to revive it. Conclusions This coast live oak tree is dying and will not recover. The regular watering of the lawn has been sufficient to kill this tree. The regular frequent watering has in all likelihood favored an attack by oak root fungus (Armellaria mellea). I speculate that the trenching for the lawn irrigation a few years ago, resulting in significant root damage at that time. The trenching for the imgation likely greatly contributed to the decline of this oak tree. The decline of this tree has advanced well beyond the point of recovery. Prepared by Michael L. Bench, Consulting Arborist October 23, 2012 1 Review of a Coast Liv�-:�atc �~J 10353 Mira Vista Road Cupertino, California Recommendations I recorrimend that this coast live oak tree be removed and replaced according to the City of Cupertino guidelines. It will be essential that the stump be ground out and that the chips be spread out in the sun for at least 3 days to kill the pathogens in the wood. Ms. Vameghi asked that I provide names of tree care companies, which could be contacted to do the removal. I recommend any of the following: Urban Tree Service, Los Gatos (650) 321-0202 Arbor Art, Aptos (408) 688-1239 James Allen, Santa Cruz (408) 425-8847 Smith Tree Service (408) 649-4343 It will be essential that the replacement tree(s)be a species that can thrive with the regular lawn irrigation. However, lawn irrigation will not be sufficient to establish new replacement trees. Replacement trees will require deep watering weekly(but 2 times per week in the summer months) for 2-3 years in order to establish them. I suggest any of the following species: Southern white oak(Quercus viYginiana) Tupelo or Peppermint Tree (Nyssa sylvatica) � Southern magnolia(Magnolia grandiflora) ! Red maple (Acer rubrum) ! / It will be essential to plant the new tree(s) on a slight mound,approximately 6-10 inches above the existing turf. Respectfully submitted, � � �_ Michael L. 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