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TR-2013-20b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 C U P E RT I N Q (408) 777-3308 • FAX(408)777-3333•planninq[a)_cupertino.org June 4, 2013 Lee, Fujimoto, Lo&Associates Attn: Shirley Tam 348 Taraval St. San Francisco, Ca 94116 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—TR-2013-20: This letter confirms the decision of the Director of Community Development, given on June 4, 2013, approving a tree removal perxnit to allow the removal and replacement of four (4) Coast Redwood trees at an office complex, located at 10055 Miller Avenue. 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 #WE- 1897), dated April 16, 2013, consisting of five pages; a tree removal site plan; and a tree replacement 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 Japanese Maple replacement trees in accordance with the Protected Tree Ordinance and approved tree replacement plan. Modifications to the tree species may be made to the approved replacement plan pending staff approval. The replacement trees shall be planted within 30 days of the tree removals. 3. IN-LIEU TREE REPLACEMENT FEES The Director of Community Development has determined that accommodating the two (2) other required 24-inch box trees on the property would not be feasible and therefore a tree in-lieu fee would be required. The cost to procure, install, and replace two required 24-inch box replacement trees is approximately $700.00, of which the applicant has paid on Apri129, 2013, in accordance with the City's Protected Tree Ordinance. 4. 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 Governxnent 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 received a voicemail comment from a member of the public with concerns about the proposed tree removals. The City's consulting arborist found that the trees proposed for removal pose a serious risk of disruption of essential water services at the site. The Protected Tree Ordinance supports the removal and replacement of trees that can cause damage to existing essential structures or interferes with private onsite utility services. 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 this decision. If this happens, you will be notified of a public hearing, which will be scheduled before the Planning Commission and the tree 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,June 18, 2013. Sincerely, George Schroeder Assistant Planner (408) 777-7601 �eorgesC cu�ertino.or� �..�'""�\ \ ti,r,,,.- Michael L. Bench � � Consulting Arborist �`�� „�,�„_�-.,�„�,��,�„! ��- � �. .�,� �L L ( � (831) 594-5151 � '� `�� .. � �„ �..,/ . l ��;� 7327 Langley Canyon Road . . . �, - ( —��j __., ,.. 1 Prunedale,California 93907 �.t�.....`'....,�,,,, ��. _: . .. _W ... _ _ ...__ � r�F,.�...�- An Evaluation of Coast Redwood Trees Near Water Utilities 10055 Miller Avenue Cupertino, California Assignment I was asked by Mr. George Schroeder, Assistant Planner, City of Cupertino, to evaluate the risks of damage to the water utilities posed by a cluster of coast redwood trees at the commercial office building at 10055 Miller Avenue, Cupertino, California. On Tuesday, May 1, 2013, Mr. Schroeder asked that I include another in the evaluation as requested by Ms. Shirley Tam. Observations I inspected the site on April 16, 2013. I visited the site a second time to inspect the conditions of the additional Tree# 5. The office building is located at the corner of Miller Avenue and Richwood Drive, Cupertino, California. The predominant trees on the property are coast redwood specimens (Sequoia sempervirens), which are arranged in loose clusters along Miller Avenue and along Richwood Drive. A rough sketch of the site relationships, showing the approximate locations of several of the trees in relation to the water utilities,the building,the sidewalk, the bus stop shelter, is attached to this report. In this sketch,there are 3 water meters near the sidewalk, indicated by small rectangles. There is a PVB (Pressure Vacuum Breaker), which is a back flow prevention device. There are two black dots indicating the locations of two Fire Sprinkler Devices, which are near the water meter near Tree# 1. The trunks of the coast redwood trees are indicated by the circled swirls. Tree# 5 was added to this sketch, which I had done. Trees# 1, 2, 3, and 4 are effectively a cluster. Trees # 1 and 3 are located within a foot of two of the water meter boxes, causing the boxes to lift. The sidewalk paving near Trees# 1 and# 3 has been repaired in the past, which is evidenced by the light color of the concrete in those areas. Prepared by Michael L. Bench, Consulting Arborist 1 Tree# 5 is a 29.8 inch coast redwood (Sequoia sempervirens). It has excellent health and structure. The buttress roots are visible on all sides of the trunk, which suggests that this tree is very well rooted. It also suggests that there is not likely any trunk collar(the area where the trunk meets the soil) disease, which (if present) could weaken the structure. This tree is on a mound surrounded by turf. The roots of Tree# 5 have not lifted the adjacent sidewalk(on the east side of the trunk) and have not lifted or damaged the concrete pathway entrance (on the west of the trunk). There are 3 irrigation control valve boxes on the west side of the trunk. I opened all 3 boxes. There is no damage to 2 of the boxes. The third box has been pushed in slightly on south side probably by a root from Tree# 5. However, this damage is very slight and may take a long time to become serious. Rather than allowing this to occur, it appears that the individual root causing this damage could be excavated and severed without causing significant harm to Tree # 5. Conclusions The coast redwood Trees# 1, 2, and 3 definitely do pose a serious risk of disruption of the water services at this location. The pipes may be crushed or pulled apart at a joint as the trunks move the meters or the Fire Sprinkler devices. The underground line of the PVB is also at risk. The Trees# 1, 2, and 3 are a Safety concern in the sense that the roots of these trees could cause a disruption to the business operation, or to the fire safety system in the near future. Tree# 4 is not likely causing any damage at this time, but in time the roots of this tree will likely pose a hazard to one of these services in the future. The damage to the irrigation box cause by a root from Tree # 5 can be repaired without damage to Tree# 5. Also, the slight damage caused by Tree# 5 is not a safety concern, either to the building, to the business operation, or to the fire safety system. Bear in mind that the coast redwood trees at this site are relatively mature. The coast redwood species Sequoia sempervirens does grow much large in its native habitat, but those specimens in urban locations, such as these, have reached the point, in which their growth tends to be quite slow. Undoubtedly they will grow, but their growth in the years ahead should be expected to be quite slow. This is taken into account concerning Tree# 5. For these reasons, the removal of Tree# 5 would not be warranted, in my opinion. Prepared by Michael L. Bench, Consulting Arborist 2 Recommendations I recommend to remove and to replace Trees # 1, 2, and 3. Because Tree# 4 is in this cluster and has a good chance of causing damage to these services in the future, I would not be opposed to its removal and replacement as well. It will be essential to grind the stumps, in order to reduce the risk of creating a hot bed inoculum from decaying wood, which potentially could be transmitted to nearby trees. On the attached Tree Map, I have indicated possible locations where replacement trees could be planted by an X in the little circles. These suggested locations are approximated and may be adjusted. I suggest that the replacement species be small trees, which are not known to cause damage to infrastructure. I have marked 4locations near the existing and 4 locations on the west side of the walkway in the existing turf. Small Replacement Trees The following list of suggested small trees are not known to be destructive. Some of these eventually become medium trees, but rarely large. Hyhbrid Arbutus (Arbutus 'Marina� Strawberry tree (Arbutus unedo) Small leaf paper bark (Melaleuca linariifolia) Fruitless olive (Olea europea 'Swan Hill') African sumac (Rhus lancea) Grecian laurel (Laurus nobilis 'Saratoga� Japanese maple (Acer palmatum) Water gum (Tristaniopsis laurina) Respectfully submitted, :�.... �-- a-t____ Michael L. Bench, Consulting Arborist International Society of Arboriculture Certification# WE 1897A American Society of Consulting Arborists Member Prepared by Michael L. 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