TR-2012-46b OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
C U P E RT I N O (408) 777-3308 • FAX(408) 777-3333•planning�a cupertino.org
January 7, 2013
David Perng
Professional Design
10268 Bandley Drive, #102
Cupertino,CA 95014
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—TR-2012-46:
This letter confirms the decision of the Directar of Community Development, given on January
7, 2012, approving a tree removal permit to remove one dead 12" diameter Maytenus Boaria
tree located near the southern property line at 10455 Bandley Dr. This removal is approved
with the following conditions:
1. APPROVED PROJECT
This approval is based on the arborist report prepared by Michael Bench (Certified Arborist
WF-1897), received October 2, 2012, consisting of two (2) pages, except as may be amended
by conditions in this approval.
2. TREE REPLACEMENTS
The applicant shall be required to plant two (2) 24-inch box trees in the improved
landscaping near the main lobby area per the applicant's replanting plan and in accordance
with the City's Protected Trees Ordinance. The required replacement trees shall be planted
within 30 days of the effective approval date of this tree removal permit.
3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set farth 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 Tuesday,January 22,2013.
Sincerely,
Diana Pancholi
Interim Assistant Planner
(408) 777-3319
diana�@cupertino.or�
Inspection of a Chilean Mw,�ens Tree
10455 Bandley Drive
Cupertino,California
A Review of a Chilean Maytens Tree at the
Chinese Church in Christ
10455 Bandley Drive
Cupertino, California
Assignment
I was asked by Diana Pancholi, City of Cupertino, to review a tree at the Chinese Church
in Christ (CCIC), 10455 Bandley Drive, Cupertino, California. The owner does not know
the species and does not know the potential risks of damage to the nearby building or
nearby paving.
Observations
I visited the site on October 2, 2012. I met Mr. David Perng, Architect of Professional
Design, Cupertino, California, at the church to review the condition and species of the
tree.
The subject tree is a Chilean maytens (Maytenus boaria). This tree is located in the front
of 10455-3 Brandley Drive.
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� The trunk of this tree is
. .� approximately 12 inches in
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,��, �; ��� ` �'� �,��� � �� diameter (DBH—Diameter
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<, .�
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The overall height of this
tree is approximately 20
feet.
,� ;�. ��� � � � The canopy spread is
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=�--�" � There is no disease or
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The canopy would be denser if this tree received more irrigation. However, it is in good
condition.
There are cracks in the curb (in the foreground of this photo) but the paving is not
heaving. These cracks could be caused by a number of things, but not necessarily by the
roots of this tree.
The building is a commercial building. As such, the foundation of this building is
concrete and very substantial. No damage to be building was observed or expecte .
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Prepared by Michael L. Bench,Consulting Arborist October 2,2012
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Inspection of a Chilean M�,�ens Tree
10455 Bandley Drive
Cupertino,California
It would be extremely unlikely that this tree would cause damage to the foundation of this
building at any time in the future.
Mr. Perng stated that they desire to remove this tree in order to enlarge the entry
hardscape to the church. The entry door is on the left of this tree. The tree is simply in the
way.
Conclusions
No damage to the building or to the other infrastructures was observed. No damage in the
future is expected.
This Chilean Maytens tree would be in conflict with site improvements.
Recommendations
I have no objection to the removal of this tree, but I presume it would be replaced
according to the City of Cupertino replacement guidelines. In this event, it would be
consistent other trees on this property to replace this tree with a Chinese pistache
(Pistacia chinensis).
However, no species would survive well unless the replacement tree(s) would be planted
properly and irrigated consistently.
A replacement tree(s) would require: (1) excellent drainage, (2) 10--15% organic
compost mixed into the soil; (3) thorough irrigation to establish (approx 3 years), but
moderate (every 2 weeks) to low irrigation (monthly) after well established; (4) planted
on a mound 6-10 inches above soil grade; (5) slow release fertilizer added to
mixture initially -these should need no fertilizer thereafter;(6) the planting hole should be
dug and amended with compost about 6 inches deeper than the box or nursery container
but should be at least 6-8 feet wide (diameter) minimum, because roots primarily grow
naturally lateral not vertical.
Respectfully submitted,
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Michael L. Bench, Consulting Arborist
International Society of Arboriculture Certification# WE 1897
American Society of Consulting Arborists Member
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Prepared by Michael L. Bench,Consulting Arborist October'2,2012_._ _._ . __�_.__�...�...�.