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TR-2013-37b OFFICE OF COMMUNITY DEVELOPMENT . CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 C u��-j-!�� (408) 777-3308 • FAX(408)777-3333•planninc�(a�cupertino.org September 17, 2013 Colin Jung 154 Norland Drive Sunnyvale, Ca 94087 SUBJECT: TREE REMOVAL PERMIT ACTTON LETTER—TR-2013-37: This letter confirxns the decision of the Director of Community Development, given on September 17, 2013, approving a tree removal permit to allow the removal and replacement of 3 trees due to poor health and damage to essential structures in a Planned Residential Development (Cupertino Waterfall), located at various locations along Danube Drive. 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- 1897A), dated August 14, 2013, consisting of five pages and a tree removal and replacement site plan, except as may be amended by conditions in this resolution. 2. TREE REPLACEMENTS The applicant is required to plant six 24-inch box replacement trees in accordance with the Protected Tree 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 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, October 1, 2013. Sincerely, Kaitie Groeneweg Planning Department (408) 777-3257 kaitieg@cu�ertino.or� CC:Cupertino Waterfall HOA,Attn:Kathy Stakey,10222 Danube Dr,Cupertino,Ca 95014 �"'�� '�_ ._� � � � �' Michael L.Bench � , �� , � Consulting Arborist �, �'' '� -, ; � , .''� ' � �, (831) 594-5151 ' � � �' , ; �-� I'�' AuG i 4 2a13 ; �,` � 7327 Langley Canyon Road !_-�'�.-' ; Prunedale,California 93907 j ; ..�..,\.-�-•✓ ' % ___ � �3y __ __ w�::..- .:__..__ __�.oa.- A Review of Four Trees Cupertino Waterfall HOA Danube Drive Cuperti�o, �California Assignment I was asked by Kaitie Groeneweg, Planner, City of Cupertinq to review the condition of the 4 trees requested for removal at the Cupertino Waterfall HOA, Danube Drive, Cupertino, California. The specific locations are 10161 Danube Drive, 10198 Danube Drive, and 10180 Danube Drive. Observations I visited the site on July 18, 2013. I would not have been able to fmd these 4 trees without the map, which was well marked. Consequently, the four trees were easy to locate. The description of each tree was well presented. Tree A This tree is a WeepingWillow(Salix babylonica). The description of this tree is accurate. The cankors on the trunk appear to be the fungus disease Cytospora Chrysosperma. This tree is in decline. The damage to the adjacent pond and to the spa could have been predicted when this tree was planted, as this species it known for very aggressive roots. I recommend that this tree be removed. It will be essential to grind the stump in order to prevent the risk of creating a hot bed of oak root fungus inoculum, which occurs when stumps are not removed. I question the use of Australian willow(Geijera parvifolia) as a replacement, because this species should easily reach the size of this existing Weeping Willow, which is shading the solar panels. I expect a new Australian willow would do the same. For that reason, consideration may be given to a smaller replacement species. However, given the location of the solar panels, it is likely that even a smaller replacement species would require some pruning (every 2-3 years)to reduce the shading of the solar panels. However, if the HOA would prefer to mainta.in consistency with the planting of another Australian Willow to match the others, I have no objection to its use as a replacement. Some alternative replacement trees worth consideration are: � ,.�,�„� Hybrid Arbutus (Arbutus `Marina� F�' �� '-`-�°''�`�L _ '�'-,�,C 13 -;-j�7 �'i�;;.:-;'si�ii{;�Ill lZi.l�9:i1�8( Strawberry tree (Arbutus unedo) Small leaf paper bark(Melaleuca linariifolia) .�-�--,�LL-,- .--.<�-��7'�.�,_.�, Prepared by Michael L. Bench, Consulting Arborist 1 Cupertino Waterfall H(�A Danube Drive, Cupertino Peppermint (Agnnis flexuosa) African sumac (Rhus lancea) Grecian laurel(Laurus nobilis `Saratoga') Japanese maple (Acer palmatum) Water gum (Tristaniopsis laurina) With regular pruning any of these could be kept at about 15 feet in height. Tree B This tree is a white alder(Alnus rhombifolia) under attack by the Flathead Alder borer (Agrilus burkei). This insect attacks weak specimens under stress and usually delivers the final blow. I recommend removal of this tree and recommend that the stump be ground vi�u�. i�°,c"iSvii�.�ii�°.`v'ivu°iiy' �v°�viilv'��. T�i�°. r�ur� im j't:f�'�y h..�..�.. �H.�.::m t� hP .a.. .�..�.::.�,..e,tPnt performer at this location, as there are several fine specimens in this development, and for this reason, I do not have an objection to the use of Crape myrtle at this location. Tree C There are 4 Coast Redwood (Sequoia sempervirens) shown on the map as Tree # 86. The individual highlighted on the map is Tree # 86-1. I have numbered the other adjacent Coast Redwood specimens as Tree # 86-2, Tree# 86-3, and Tree # 86-4. � : � ` . " , - '� ,��:��;��,; „ � ,� ,. � `�4;��; `� µ� �` ' �� " This photo shows the Coast Redwood � ' t Tree # 86-1 which is the tree � t,� � � �, �: � j�„�: � � requested for removal, as shown by t he '��, �� orange tape. There is a small burl at �t A the base of this tree, which was loose. I ��< ' turned this burl upside down. . ,:�� ,, �� . � p _'«�� -` y¢ This tree has raised the cobble drain �c. _ "x �=�:t �_ �: ' .`�� field adjacent to the wall. I did not see ��.. �E � �� { �' V� �� i,�` any cracks in the wall or lifting of the �� , " � ' � � �� : . wall. I was not able to look inside the -�=�� courtyard at the patio for cracks. r � , � , �;�� ..��N ... ' ,�,:�, i. _ � ``_ h''�. The trunk of this tree is located approximately 7-8 feet from the patio wall. In the relatively near future, this tree can be expected to damage the wall and the patio. I recommend the removal of Tree # 86-1. With regard to replacement of Tree # 86-1, there is an open space in the landscape on the slope below two Crabapple trees sufficient for planting a small tree of those among the species previously recommended. Also, the two Crabapple trees are both poor specimens. In all likelihood, both of these trees are root bound. If they were not root bound, they should be at least 3-4 times their current size at their age. I suggest these two Crabapple trees be removed. In this event, there would be adequate space to plant 4 small Prepared by Michael L. Bench, Consulting Arborist 2 Cupertino Waterfall HC�A Danube Drive, Cupertino trees (of those small species previously recommended) as replacements for the Coast Redwood trees. Tree D This Coast Redwood Tree is located approximately 15 from the building on a slight slope. The risk to the patio wall or to the patio is low at this distance and may never cause damage to those structures. With regard to the "excessive and deep shading,"the sllading is not created by the Coast Redwood Tree #D alone. There are two sub-dominant Fern Pines (Podocarpus gracilior) growing under the canopy of Tree D. These two fern pine specimens, due to their density, contribute a great deal to the shading of the lower story of the building. Fern pine can be�:,me a��, but in this �ase, t�ey�re eff�ctiv�ly� �:�derst�ry� shrubs, as t�eir t�ta? heigr� is currently about 15-18 feet. To address the excessive shading, I recommend the following alterna.tive to the removal of Tree D be done and for the dense shading created by Tree# 86-3 and Tree# 86-4: 1. Remove one or both of the Fern Pine Sl�rubs under Tree D. 2. Remove all of the lower branches on Tree D (and on Tree# 86-3 and Tree# 86-4) to a height of approximately 15 feet. 3. Remove 1/3 of the branches between 15 and 30 feet above grade in the canopy on Tree D, Tree# 86-3, and Tree# 86-4. Comments The Japanese maple trees (Acer palmatum) located near the pond have considerable leaf burn. If these trees were thoroughly mulched (spread 6 inches of wood chips under their entire canopies except for a 1 foot area azound their trunks) and were more regulazly irrigated, the leaf burn may be greatly reduced if not eliminated. However, the current leave burn will not change for this year. Several trees on this property are in decline. These include several of the flower cherry trees (Prunus cultivazs), many of the European white birch(Betula pendula), and some of the purple plum trees (Prunus cerasifera `Krauter Vesuvius'). It is likely that there are others in decline as well. I viewed the trees other than the 4 subject trees only casually. However, it appears that it may be useful and less costly(in terms of permit fees) for the HOA to prepare a comprehensive long range management plan for the trees at this development. Respectfully submitted, •., -�``~ +�...____ Michael L. Bench, Consulting Arborist International Society of Arboriculture Certification# WE 1897A Prepared by Michael L. Bench, Consulting Arborist 3 Cupertino Waterfall HUA Danube Drive, Cupertino American Society of Consulting Arborists Member Prepared by Michael L. Bench, Consulting Arborist 4 Tree Replacement Schedule for Cupertino Waterfall HOA August 14, 2013 Tree Tree Name Proposed Tree Tree Replacement No. Box Label For Removal Circumference Diameter Trees Size A Weeping Willow 95" 30.25" Australian 1 24" Willow Japanese 1 24" Ma le B White Alder 68" 21.65" Cra e Myrtle 1 24" Japanese 1 24" Ma le C Coastal Redwood l01" 32.17" Japanese 2 24" Ma le ' !�l� i i^ ; AUG � :.� ��(1'� ;_�� y ; �� ----- - =_ _ * �cz #� �s3-�--s-� �.- io�gs � �ozot 10203 to2os �0207 �0209 10211 102i3 nr� 10227 �ozzs to23t 10233 �q 10235 � '!0237 �o23s 10241 ��l133 10247 102�9 � 10251 1.,.,�....,_....... 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