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TR-2013-06bCUPERTINO March 22, 2013 A Plus Tree Service Attn: Sarah Hon 1195 Azuar Drive Vallejo, CA 94592 OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE - CUPERTINO, CA 95014 -3255 (408) 777 -3308 • FAX (408) 777 -3333 - planning( cupertino.org SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR- 2013 -06 This letter confirms the decision of the Director of Community Development, given on March 22, 2013, approving a Tree Removal Permit to allow the removal and replacement of three Blackwood Acacia trees in a Planned Development Zoning district (City Center Apartments), located at 20350 Stevens Creek Boulevard. The application is approved with the following conditions: 1. APPROVED PROTECT This approval is based on the arborist report prepared by Sarah Hon (WE- 9519A), dated September 18, 2012, consisting of 7 pages, and a tree removal and tree replacement site plan, except as may be amended by conditions in this resolution. 2. TREE REPLACEMENTS The applicant is required to plant three (3) 36 -inch box replacement trees in accordance with the Protected Trees Ordinance and approved tree replacement plan. Modifications to the tree species and location may be made to the approved replacement plan pending staff approval. The 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 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 on or after Monday April 8, 2013. Sincerely, imon Vuong Assistant Planner (408) 777 -1356 simonv@cupertino.org Enclosure: Tree removal and replacement Site Plan CC: City Center Apts, Attn: Anthony DeShaw, 20350 Stevens Creek Blvd, Cupertino CA 95014 A*PLUS TREE SERVICE- NOT YOUR AVERAGE TREE SERVICE 1195 Azuar Drive Vallejo, CA 94592 (866) 815 -2525 sarah(Maglustree_com www.apiustree.com Arborist Report by Sarah IIon - 1S•1 Cer►ijiedArlwri.,v AFE -9319A Background Information A Plus tree Inc. was contacted by Prometheus Real Estate Group on September 18th, 2012 to inspect the trees at Cupertino City Center, 20400 Stevens Creek Blvd. Cupertino, CA 95014. The 3 trees of interest are located in the medians in the west end of the main parking lot. The trees are Blackwood Acacias (Acocia melonoxylon). Prometheus had hazardous concerns about these trees. One is completely dead, and the other two have had major limb failures. Assignment hand any limiting This is a visual inspection only. We were asked confirm the death of one tree and to inspect the others. factors) Observations Tree A - Blackwood Acacia with a DBH of 18 ". The height is between 2S.and 30 feet. The tree is dead, no signs of life throughout the crown. Branches are brittle when broken. Tree B - Blackwood Acacia with a DBH of 27 ". The height is between 30 and 35 feet. The tree has 2 main co- dominant leaders with weak crotch attachment. Previous large limb failure on one of the co- dominant leaders had caused significant bark tear, causing decay which compromises structural integrity. Tree C - Blackwood Acacia with a DBH of 24 ". The height is between 30 and 35 feet. A large lateral limb from the main trunk had failed in the past causing decay to set and compromise the structural integrity of the main trunk. The area where the failure occurred also took much of the reactive wood of the limb above it with it, taking away much of its support.. Testing and There were no tests performed on -site. Analysis Discussion Blackwood Acaicas are rated to have weak branch strength and are historically known to have a high rate of limb failure. Tree A is dead. Tree B and C already have poor structure, but their past limb failures and open cavities and the decay that has noticeably set it has caused them to be even more of a hazard. These trees are also in a parking lot of a commercial building with high foot traffic and parked vehicles. .Conclusions Tree A is dead throughout. The other 2 Black Acacias have already had several large limb failures. Removing the trees due to hazardous concerns needs to be seriously considered. In addition, the location of the tree is in a parking lot median where target rating is high and if in the event where limb failure does occur, it is likely property or persons can be harmed. No one can predict when a tree will fall or when a limb attachment may fail, but for these trees failures are a possibility. Recommendations Tree A - The dead tree is a hazard. Remove immediately. Tree B - Taking into account the pedestrian and vehicle traffic, the weak crotch attachments of the co- dominant leaders, and the previous limb failure, it is recommended that the tree be removed immediately. Tree C - Taking into account the pedestrian and vehicle traffic, the presence of decay in the trunk from the previous major limb failure, the poor tree structure and weak limb attachment, it is recommended that the tree be removed immediately. Attachments Tree A - dead Tree B (photo 3) - Co- dominant leaders, weak crotch attachment Tree C (photo 1) - Full view Eli 4fA r b o r L L Al Addrew 20400 Stevens Creek Blvd. Suite .9304. Cupertino, CA 95014 j a. � . , to tilt view for thew trMs I w. A Ad Common Harr* tBota,%icM Name) Tree A - 0012 Tree C - & 0031 filackwwdAcKit4Ac.-Kmmtstanotfiooi Tree B - 46 0034 E'4y'hwow &x1a 'A"u me1wtcxOw' CCC 2012 Removals - Cupertino City Center Replacement locarions map revrised. 1A %, . —2012--D� A 7 '7 `7 L A f) I o r TfeAtmient Year: Type Ttee FlAting Notes 2012: Re"Wat 1 - Refroo*t, dead ttee 2012, pe"Wal I PW Pfeotous tatted It" WhOl resulted in large Put* rip citecay WKL set W1 and vveak StILICILIfe. KVW(!; high txsel jrej_ 202: Reftwal I - Pow to-dCtfflnant feadtw%- hapard high target area Bid (5► Removals to be replaced with 36- Box Fem Pines (Afrocarpus gracitior) in the same location.