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TR-2014-39b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 C U P E RT 1 N O (408)777-3308• FAX(408)777-3333 •planning�a�cupertino.org August 18, 2014 Terry Brown 10491 Scenic Blvd Cupertino, Ca. 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR-2014-39 This letter confirms the decision of the Director of Community Development, given on August 18 2014, approving a Tree Removal Permit to allow the removal and replacement of a 54" Coast Live Oak tree located in a mixed use development site (Stanley Square), located at 10049 Imperial Avenue. The application to remove the trees is approved with the following conditions: 1. APPROVED PROTECT This approval is based on the arborist peer report prepared by Michael Bench (#WE1897A), dated April 25, 2014, consisting of 2 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 one (1) 36-inch box Coast Live Oak 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 complyir��, with all of the requirements o� �ection 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. Sincerely, Gian Paolo M rtire Assistant Planner City of Cupertino CC: Shirley or Ding Long, 7921 Proctor Ave, Oakland Ca 94618 Oak Tree at 10049 Imperial Avenue Cupert o, Calif�o,rn�a ��"`�'��:�?1��L _��/!��,�_ ._�, , .� ;� _�.,,� �,7,'� `~��..T�..I''�,r�,SIBILITY OF TRAN5PLANTING A , - COAST LIVE OAK TREE AT . .� _____...1DD49 IMPERIAL AVENLTE �- - �� CUPERTINO, CALIFORNIA Assignment I was called by Mr. Terry Brown to review the feasibility of transplanting the coast live oak(Quercus agrifolia)Tree#2 at 10049 Imperial Avenue, Cupertino, California. Mr. Brown sta.ted that he had received permission from George Schroeder, Planner, City of Cupertino,to conta.ct me concerning this issue. Observations Although I had inspected the coast live oak Tree# 2 on November 26, 2012, I wanted to inspect the tree again to assure that it had not declined in the past 2 years. For this reason, I inspected this tree again on Apri125, 2014. Tree#2 is a coast live oak(Quercus agrifolia). The trunk of this tree now measures 18.3 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 in good condition, as previously observed and reported. For many years I have recommended that the size of the root ball for a transplant candidate tree must be 9 inches in diameter for each inch of trunk diameter. In the past couple of years, I have increased this standard to 10 inches of root mass for each inch of trunk diameter. In the case of this 18.3 inch diameter oak a 9 inch root ball for each inch of trunk diameter would require a root ball all of 13.7 feet,which would be a box size of 14 feet. Should the standard be 10 inches of root mass for each inch of trunk diameter, the root ba11 would be 15.25 feet,which would be a box size of 16 feet. I have observed many transplanted trees in the past couple of years. I have come to the conclusion that the higher standard(10 inches of root mass for each inch of trunk diameter) significantly improves the potential for success. Trees transplanted at this higher standard often show no symptoms of transplant shock or stress. Mr. Brown reported that the plan for this project has been changed since I had reviewed the proposed plan in 2012. He states that the current plan would be to transplant Tree#2 to the southwest corner of the site. In this event the tree would be moved less than 50 feet from its current location. However,the planter bed is planned to be 7 feet wide. This would require that the paving of the parking azea would be at the trunk of this tree and that half of the root ball would be covered by paving. This would also require that the tree be transplanted at the lower standard(9 inches of root ball for each inch of tnulk diameter). Prepazed by Michael L. Bench, Consulting Arborist Observations: April 25, 2014 1 Oak Tree at 10049 Imperial Avenue Cupertino, Califomia Conclusions Concerning an unrelated project, I was asked whether or not a large oak tree could be transplanted. I stated in that case that it was feasible in theory,but practical reasons or logistical reasons sometimes greatly reduce the chances for success. In this case,the chances of success would be greatly reduced by the fact that this tree would be moved to a small planter bed, less than half of the space this tree wouid need. Coast live oak trees are seen to grow vigorously in planter beds 7-8 feet wide, but in these cases,the tree started as a seedling. It is a very different circumstance,to transplant an existing large tree to a very small space. In this case,the fact that half of the root ba11 would be covered by paving,the chances of success would be greatly reduced, especially for the long term. In my opinion, the chances of survival, especially for the long term, would be poor in this case. Respectfully submitted, � �____ Michael L. Bench, Consulting Arborist International Society of Arboriculture Certification# WE 1897 American Society of Consulting Arborists Member Prepazed by Michael L. Bench, Consulting Arborist Observations: Apri125, 2014 2 _ _ I I - - - - - - - - I - - - - - - - - - - - - - - I _------_ I � --- /' _` I _ _ �• I � � I � � �. � � , � � � , , 1 -` I ' A 1 // \ ' � � � I —� - -� i � � i � 1 a � � . . . . . . . , i � � � � �c�n � " — �� • \ l1 ' � ' � A � •�� I I V _ t� \`�Nni, . 1N }� wN � N � • \ \ \ � • AN A � / t r,, �, --� — — — — � . + �W �-----' �� I f p \o _ _____- � � �4� AA I � A=P_ `` �' . � N ` A — —�————— o — — — — PU •o \,� —�° � I /\`�/-1 /' \\` �� N� ��J� �1 _` r� O \ N I .. I / \� . . I � / �� II I I I � � ; I /� `\ I ^� m i � I m ��\\ � � / G) I � \/ � m / N �� A / � ` • � � r �� ' I T � r o00000 ? 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