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TR-2013-12b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 C U P E RT I N 4 (408) 777-3308• FAX(408)777-3333• planninq(c�cupertino.orq September 13, 2013 Terry Brown 10491 Scenic Blvd Cupertino, Ca. 95014 SUBJECT: ADMINISTRATIVE HEARING MEETING ACTION LETTER—DP-2013-01, ASA-2013-03, TR- 2013-12 This letter confirms the decision of the Administrative Hearing Officer, given at the meeting of September 12, 2013; approving a Development Permit to allow the demolition of a single family home and detached garage and allow the construction of a mixed use building with a commercial and medical space and one residential apartment; an Architectural and Site approval for the construction of a new two-story mixed use building and associated site improvements; and a Tree Removal Permit for the transplantation of an 18.2 inch Coast Live Oak tree and the removal and replacement of a 24 inch diameter Pittosporum tree and two multi-trunk Califomia Pepper trees on the site of a new mixed use building, located at 10049 Imperial Avenue, according to Resolution Nos. 22, 23 and 24. Please be aware that if this permit is not used within one year, it shall expire on September 12, 2014. Also, please note that an appeal of this decision can be made withixi 14 calendar days from the date of the mailing of the notification this decision. If this happens, you will be notified of a public hearing, which will be scheduled before the Planning Commission. Sincerely, _._.__ � � ��'�� Geor eder Associate Planner City of Cupertino Enclosures: Resolution No. 22, 23 and 24 CC:DG or Shirley Long,4921 Proctor Ave,Oakland CA 94618 TR-2013-12 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 24 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO TO ALLOW A TREE REMOVAL PERMIT FOR THE TRANSPLANTATION OF AN 18.2- INCH COAST LIVE OAK TREE AND THE REMOVAL AND REPLACEMENT OF A 24- INCH DIAMETER PITTOSPORUM TREE AND TWO MULTI-TRUNK CALIFORNIA PEPPER TREES ON THE SITE OF A NEW MIXED USE BUILDING AT 10049 IMPERIAL AVENUE SECTION I: PROTECT DESCRIPTION&RECITALS Application No.: TR-2013-12 Applicant: Terry Brown Property Owner: D.G. and Shirley Long Location: 10049 Imperial Avenue (APN 357-17-013) Subject: Tree Removal Permit to allow the transplantation of one tree and the removal and replacement of three trees. WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application for a Tree Removal Permit as described in Section I. of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Administrative Hearing Officer held a public hearing on September 12, 2013 in regard to the application; and NOW, THEREFORE, BE IT RESOLVED: After careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in this matter, the Administrative Hearing Officer hereby approves Application no. TR-2013-12 based upon the findings described in Section II of this resolution, the public hearing record, and the minutes of the Administrative Hearing meeting of September 12, 2013, and subject to the conditions specified in Section III of this resolution. SECTION II: FINDINGS: 1. That the trees are irreversibly diseased, are in danger of falling, can cause potential damage to existing or proposed essential structures, or interferes with private on-site utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services; The City's consulting arborist has determined that the trees proposed for removal are all in conflict with the proposed new building and site improvements, and, given their condition, are not suitable for preservation or relocation. Resolution No.24 TR-2013-12 September 12,2013 2. That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). The City's consulting arborist has determined that the trees proposed for removal are all in conflict with the proposed new building and site improvements, and, given their condition, are not suitable for preservation or relocation. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. Planning Division: 1. APPROVED EXHIBITS Approval is based on plan sets received on August 23, 2013, titled "A Mixed Use Project with all new Construction for 10049 Imperial Ave., Cupertino, CA, 95014", consisting of five sheets labeled "Sheet No. 1 to Sheet No. 5 " and titled "Imperial Ave. Street Elevation,"consisting of twelve sheets labeled "L1.0 to L.4.0 and Sheet 1 to Sheet 6"drawn by Ray Rooker Architect, Reed Associates Landscape Architecture, and Nordic Engineering Inc.; The consulting arborist report entitled, "An Evaluation of an Oak tree at 10049 Imperial Avenue, Cupertino, California," and, "A Review of the Existing Trees at 10049 Imperial Avenue, Cupertino, California," prepared by Michael Bench, Registered Consulting Arborist #WE-1897 dated November 26, 2012 and July 31, 2013, respectively; except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. ANNOTATION OF THE CONDITIONS OF APPROVAL T'he conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 4. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP-2013-01 and ASA-2013-03 shall be applicable to this approval. 5. TREE APPPROVED FOR TRANSPLANTING The existing 18.2-inch diameter Coast Live Oak tree is approved to be transplanted elsewhere on the site as determined by the Director of Community Development in consultation with the City Arborist. The applicant shall obtain the services of the City Arborist to recommend measures to ensure the survival to the maximum extent possible. These recommendations shall be provided prior to issuance of buildingf demolition permits. A report ascertaining the health of the trees mentioned above after relocation shall be provided prior to final occupan�. In the event that the tree transplantation is not deemed feasible by the Director of Community Development, tree replacements shall be provided per the Protected Tree Ordinance. Resolution No.24 TR-2013-12 September 12,2013 6. APPROVED TREE REMOVALS See the table below for the approved list of three tree removals onsite: Approved ' tree Reason for removal General location ` Approval removai findin s section Tree 1, 24" Conflict with proposed North side property 14.18.180 (A)(1), Pittos orum tree essential structures line (2) Tree 3, Multi-trunk Planter along rear 14.18.180 (A)(1) California Pepper property line tree Tree 4, Multi-trunk Irreversible disease California Pepper tree 7. TREE REPLACEMENTS AND FINAL PLANTING PLAN The applicant shall plant replacement trees in accordance with the replacement requirements of the Protected Tree Ordinance. The trees shall be planted �rior to final occu�anc�of site�ermits. The final planting plan shall be reviewed and approved by the Director of Community Development with consultation by the City Arborist �rior to issuance of buildin��ermits. The Director of Community Development shall have the discretion to require additional tree replacements as deemed necessary. The City Arborist shall confirm that the replacement trees were planted properly and according to plan prior to final occupancy. 8. TREE REPLACEMENT BOND The applicant shall provide a tree replacement bond in an amount determined by the City Arborist prior to removals and issuance of demolition and grading permits. The bond shall be returned after the required tree replacements have been planted and verified by the Cit y Arborist. 9. CONSULTATTON WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Departxnent. 10. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 11. 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, Resolution No.24 TR-2013-12 September 12,2013 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. SECTION IV: CEQA REVIEW This Tree Removal Permit is categorically exempt from the California Environmental Quality Act (CEQA) per section 15303 (New Construction) of the CEQA Guidelines because it applies to a mixed residential and commercial building and site improvements not exceeding 10,000 square feet. PASSED AND ADOPTED this 12th day of September, 2013 at a Regular Meeting of the Administrative Hearing Meeting of the City of Cupertino, State of Califomia,by the following roll call vote: AYES: HEARING OFFICER: Chao NOES: HEARING OFFICER: none ATTEST: APPROVED: /s/George Schroeder /s/Gar�Chao George Schroeder Gary Chao Associate Planner City Planner Oak Tree at Attachmellt 2 :1 0�i��Vl� j Jl / 10049 Imperial Avenue `T�` ' '`�-�''''�- �` ��'��r �.� .v.�� 'r / Cupertino, California ��i�'�'� ��`��'',�,��r �i f�� W.._. .._�.0._�.t.yr,. ._ /�_ AN EVALUATION OF AN OAK TREE AT - � + 4,�� 10049 IMPERIAL AVENUE � �� -`-�� .__.-___� � CUPERTINO, CALIFORNIA ,, � � �� v--� ~��.~� Assignment -��='n�� -�L�'c`��-r I was asked by Piu Ghosh, Planner, City of Cupertino, to evaluate an oak tree at 10049 J Imperial Avenue, Cupertino, California. The plan provided for this evaluation is the Topographic Survey, prepared by Nordic Engineering, Inc., Sheet l, dated July 2012. Observations I inspected the subject oak tree on November 26, 2012. The subject tree is a coast live oak(Quercus agrifolia). The trunk of this tree measures 18.2 inches DBH (Diameter at Breast Height= 54 inches above grade). The canopy is approximately 30 feet in height, and the canopy spread is approximately 25 feet in diameter. This tree is located in the back yard . � adj acent to the garage at the location t�- � noted. It appears that the foundation of �., �,� � `,;:�� this garage is a concrete slab on grade. � �� 4 "a w�: �` �+'. � .'� ' c . � The canopy is dense, a primary indicator , '$� of good health. . �. `� � � � �� ,� The annual tip growth is 6-8 inches, � I. . � �� . � m� :��: � �~ �� , , � y�; � �,��. � which is good for this species. �.rr�'" Y� ..'.�� a;. u�' °�g. , �..t�P��;. �� . � �� `�~�� .-� The leaf color is deep dark green, � �r_.,k - -.=� . , - �~- � �'�' � `�¢ characteristic of a healthy specimen of !.. �� . Y ��`� ,� �,:� � � ::;��+�,�� this species. „� . f 4 . ; � � � • � � ' �� '� �� ' There is minor branch tip die back, caused ��_ , , :°*�;, �` ' �; �� ;�� by oak twig blight(Cryptocline ' '"�� y ��z'�.L. � cinerescens), which is rarely a serious ��f4 ��'�� . � o'�°j¢ �`�`�°Y health risk to coast live oak trees. The �� „� �„a�.,`+ � � •�� '1 ,,1 I��"�� - � , � infection to this tree at this time is minor. ' 1/ 'f r �f'P �a�l � w',1/ �; �* '.g ... This tree has been recently pruned on the south side (facing the garage). This has created visible gaps seen in this photo in the canopy above the garage. Some of the pruning cuts were very poorly done, leaving stubbed branches, which is often called "topping". This type of pruning (topping) is a destructive form of pruning, and is not recommended. This topping has affected approxirnately '/ of the overall canopy. Prepared by Michael L. Bench, Consulting Arborist November 26, 2012 Oak Tree at 10049 Imperial Avenue Cupertino, California Although the lower trunk of this tree leans slightly(approximately 5 degrees) to the north, this is not a significant problem concerning its stability. There are two eye-bolts in the trunk on the west side, which is also not a concern concerning health or stability. There are no visible significant weaknesses in the branching structure, except for the "topped"portion of the canopy on the south side. The plan proposes to construct a driveway across the area where this oak tree exists. Conclusions This coast live oak overall is healthy except for a minor infection of oak twig blight, which can be controlled by spraying or eradicative pruning(removing the branch tips about 1 foot behind the dead twigs). The structural integrity is good, despite the fact that a percentage of the canopy has been topped. This can be corrected by proper pruning. There is no compelling reason to remove this tree for health or structural reasons. It would be possible to transplant this tree with a good expectation of success, provided it would be done by an experienced tree mover. Experienced tree movers include: Pacific Tree Moving(408) 231-7017 or(831)475-6190 Environmental Design(831) 915-0358 John Arnaz Tree Movers (408)266-1717 Valley Crest Tree Company(818) 367-5803 Respectfully submitted, �— Michael L. Bench, Consulting Arborist International Society of Arboriculture Certification#WE 1897 American Society of Consulting Arborists Member Prepared by Michael L. Bench, Consulting Arborist November 26, 2012 !/1� �L.. �.� ' �s �� A Review of the Existing Trees at '��'��'�'��- �..��l�� 10049 Imperial Avenue - =�-�' �'y � � �� , �i.-, i.;; ��.:�P1' . Cupertino, California �:�:�,,., � /,,� ,:, ,. �� _ c'`' �,�- ,.� ,��.; �s ... ��, , . F� � . .w...u.......,.._. . ....,_,., . ._. ..._.............w..�.wr+� A REVIEW OF THE EXISTING TREES AT , � � - -� 10049 IMPERIAL AVENUE ° � -��'C rz'� �E�.�t,y0�0' CUPERTINO, CALIFORNIA �-) Assignment I was asked by George Schroeder, Planner, City of Cupertino,to evaluate the trees at 10049 Imperial Avenue, Cupertino, California. The plans provided for this evaluation were prepared by Ray Hooker, Architect. I have marked up the Site Plan to show the locations of the trees reviewed for this report. Observations I inspected the trees on July 31, 2013. ��k�m� '� Tree # 1 in this hoto to the left is a � , ,. C p ) � � '� 3� g Victorian Box tree (Pittosporum undulatum). "xr o�a� � �"`��,��;��„ ,� , four trunks, measured to be 10, 9, 8, 8 It has inches DBH (Diameter at Breast Height= 54 �� „°�"`��.;`�; inches above grade). The canopy is ��;.��, "�„ +�� "�'�=�"+�r . ,� �x-�� , approximately 30 feet in height, and the . � �� ~ f�'` �-:_ '��*��:�" � � � a` `?' ...- °� canopy spread is approximately 30 feet in �a�` ; `�. , �. � . diameter. Its health is good. Its structural �� "` E" (�*+'� -. .. � .=�!��t��`� �� integrity is fair. � ��w,,: ,s� � The proposed construction project would A�f• -•�-- � ' � remove this tree. .� , � ,� .;� X-'� I� � c*' � t � '�� : i �� y � .yr Y. ..::q�.., n .. `p�n� �N � 2 � � .. . � � . . � � .� y�.',..` ..t ... wkr.. .. � w i � �, � 1 � i ° '�, �' � ,,� •a' '�� ,� 1 � • �, � � 1 �: .. �Pt � � ,,�� . 'if�. " �� .. +.� ... t � :�n j . r s i +4 _- .� ?,,�: Tree# 2 (in this photo on the right) is a ' ' �' �'�"° ��. Coast Live Oak (Quercus agrifolia). The . � ' '~ i �. trunk of this tree measures 18.2 inches ,.�:,��; ,d� a,� -�y�` "��:�� DBH. The canopy is approximately 30 , ; �' � feet in height, and the canopy spread is ';K;=� %� -_� �`- � �n i :E t�f.: 3:a: approximately 25 feet in diameter. �Y, ��_ e � � 4-. .,�.^ . . '6'f- C.� h-�`K �k k . 1 - ... �.*$.°�,a+. :,r .. �', . i. r.. Prepared by Michael L. Bench, Consulting Arborist July 31, 2013 1 A Review of the Existing Trees at 10049 Imperial Avenue Cupertino, California The overall condition of Tree#2 is quite good. The project proposes to transplant Tree # 2 into the new landscape. Tree # 3 is a California Pepper(Schinus molle). Its dual trunks were measured to be 13 and 10 inches DBH. The canopy is approximately 20 feet in height, and the canopy spread is approximately 25 feet in diameter. This tree is sub-dominant (growing out from under the canopy of)to Tree #4. The plan shows to preserve this tree in the new landscape, but the proposed adjacent paving construction would likely damage the roots of this tree severely. I would not expect Tree# 3 to survive. Tree # 4 is a California Pepper(Schinus molle). Its dual trunks were measured to be 25 and 18 inches DBH. The canopy is approximately 35 feet in height, and the canopy spread is approximately 50 feet in diameter. �o � �. ,�. � �� ; ;, , ��, �<. y ��. � ��_ '^ � ` ` �� ' Tree # 4 has a serious fungus infection on `�` f �� '� �� the trunk, called Artist's Conk (Ganoderma '�}, .�, s�x' � � � �; applenatum) as seen in the photo to the left. r ��, a , ��, �r This fungus makes a hard woody shelf, but ��.�� ' * ,� ' ' '' �~7-� the underside is cream white and soft. The �j �.-� ,�, � ► � � Y r �� ; �-"� e � red dust around it are the spores, which fly in •� � `� ' �,�F�� `�� .# the wind to infect other trees. : ' -�„- -�a�- x;�.;°�� : � .� .. . •�-.,��.�� . �- ' ..., �y�! f:�. . - - �'-��, t �,� There is no treatment for this disease, which ��Y� �:.� ,, �� r��J� r µ'��; �' typically will hollow out the interior of the �„�..:,:.w . ;�. , . r�._� ,h ,� trunk until the tree falis over. The process is �� >t" �� " '� . slow and often takes several years, but it is �' ��` �� '�� .y �', inevitable. This disease is incurable. , �;.�-.�.:�w��,a�a � :-, �, � ,,;,�.��..,�,_�., ; � �. � ,� � �� .� �y` ��; a. �►. X `a,��^� � � �-� �- ! �" . � The plan shows to preserve this tree in the � . , - * ,, � . � '�'`~�, : s, . _� •�� new landscape, but I recommend to remove '�: ' Y -',. ;.,"w�:... I �«a* ��;,' , �- -�; ,�?'''� this tree for safety reasons. �Y �. � } �y°' "°F +:.�:. k S�. .�f �� ., � �S� '�� '�t�A�� f a . . ,�.�. .... �� • +Y� Trees # 5, 6, 7, and 8 are all small young Flowering Pear (Pyrus calleryana `Aristocrat'). These have trunk diameters measured to be 5 or 6 inches DBH. The canopies are approximately 12 feet tall and approximately 15 feet wide. The plans propose to remove Trees # 5, 6, 7, and 8. Although these trees are relatively small, they were required to be planted when Monta Vista Market modified their parking lot over 10 years ago. Thus, Trees # 5, 6, 7, and 8 are protected trees. Their removal for this project would require replacement. Prepared by Michael L. Bencll, Consulting Arbol-ist July 31, 2013 2 A Review of the Existing Trees at 10049 Imperial Avenue Cupertino, California Recommendations 1. It would be essential that the transplanting of Tree #2 be done by an experienced tree mover. Experienced tree movers include: Pacific Tree Moving (408) 231-7017 or(831) 475-6190 Environmental Design (831) 915-0358 John Arnaz Tree Movers (408) 266-1717 Valley Crest Tree Company(818) 367-5803 2. Per the protected tree ordinance,the removal of Trees# 1, 5, 6, 7, and 8 would require the replacement of 5- 24 inch box trees at least. I recommend that the replacements be planted in the new north side planter between the market and the project site, or in the west side planter. 3. If Trees # 3 and/or# 4 would be removed, they would require that 4- 24"boxed or 2- 36"boxed replacement trees be planted. Respectfully submitted, . e..t__�, Michael L. Bench, Consulting Arborist International Society of Arboriculture Certification # WE 1897 American Society of Consulting Arborists Member Prepared by Michael L. Bench, Consulting Arborist July 31, 2013 3 • • ora i � ona . n orma ion . ee i e _ _ _ _ _ � _ - o -