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TR-2015-01b COMMUNITY DEVELOPMENT DEPARTMENT � ,� CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 C U F E RT I N O (408)777-3308• FAX(408)777-3333•pianninq(a)_cupertino.orq January 12, 2015 Jonathan and Grace Zweig 899 South Tantau Avenue Cupertino, CA 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2015-01 This letter confirms the decision of the Director of Community Development, given on January 12, 2015, approving a Tree Removal Permit to allow the removal and replacement of a 21-inch diameter Coast Live Oak tree, located at 899 South Tantau Avenue. The application is approved with the following conditions: 1. APPROVED PROTECT This approval is based on the arborist report prepared by Mark Beaudoin (#WC-1860), received November 21, 2014, consisting of one page; an arborist report peer review by Michael Bench (#WE- 1897A), dated December 2, 2014, consisting of two pages; and a tree removal site plan, except as may be amended by conditions in this resolution. 2. IN-LIEU TREE REPLACEMENT FEES The Director of Community Development has determined that it is physically feasible to plant the two required 24-inch box replacement trees, but the applicant chooses to pay the in-lieu fee instead of planting the replacement trees. One and one-half times the cost to procure and install the replacement trees is approximately $1,500, of which the applicant has paid on January 5, 2015, in accordance with the Protected Tree Ordinance, Section 14.18.160 (B)(4). 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 notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exaction, pursuant to Govemment 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 (A)(1) of the Protected Trees Ordinance. Also, please note that an appeal of this decision can be made within 14 calendar days from the date of this letter. If this happens, you will be notified of a public hearing, which will be scheduled before the Planning Commission. Sincerely, George Schroeder Associate Planner (408) 777-7601 georges@cupertino.org Enclosure: Arborist reports and removal plan �. ��u.�� ISA ARBORIST-LANDSCAPE ARCHITECT �•�� • • • �� MARK BEAUDOIN � OWNER � �� • , .� �.�+%L'�, � � P.O.BOX 2032 • � SAN JOSE,CA.95109 �•. � 014 mbeaudoin@sbcglobal.net �"� �� v 2 1 2 408-656-3580 � �O ♦ .�,,Y; � d":�� —._^+• pn g _ -,.,,.,..�.f�..-�?�V... �l TREE REPORT �%� -�S GRACE ZWEIG 899 SO. TAN TAU ST. CUPERTINO , CALIFORNIA TEL. NO. 408-446-2248 ON OCTOBER 9,2013, I INSPECTED THE OAK TREE AT THE GRACE ZWEIG'S RESIDENCE 899 SO. TAN TAU ST. WITH THE FOLLOWING FINDINGS : TREE NO. ONE THIS TREE IS A 21 INCH DIAMETER SINGLE TRUNK COAST LIVE OAK(QUERCUS AGRIFOLIA) THE TREE IS IN POOR CONDITION WITH STUB CUT AND DISEASED BRANCHES. THE TREE HAS MANY SURFACE ROOTS THAT HAVE RAISED THE SURROUNDING CONCRETE AND HAVE BEGUN TO UNDERMINE THE BUILDING'S FOUNDATION. THE TREE IS VERY CLOSE TO THE FOUNDATION AND WALLS OF THE EXISTING HOUSE. I RECOMMEND REMOVAL AND REPLACEMENT OF THIS TREE WITH A BETTER TREE SPECIES THAT IS FURTHER AWAY FROM THE BUILDING'S FOUNDATION. OAKS ARE A COMMON CALIFORNIA NATIVE BUT WE MAY BE OVERPLANTING THIS GENUS WHICH IS SUBJECT TO MANY DISEASES DUE TO GLOBAL WARMING AND GLOBAL TRADE. A RECENT NEW AND DEVASTING DISEASE IS SUDDEN OAK DEATH WHICH SEEMS TO BE A DISEASE INTRODUCED FROM EUROPE. IF THERE ARE ANY QUESTIONS ON THIS TREE REPORT, PLEASE CALL ME AT 408-656-3580. MARK BEAUDOIN CERTIFIED RBO T WC 0 60 �'r �./ �"�"�`�� ,,,,,,.� Michael L.Bench r � . ,� -� �r ,�, �, �:� ' 12 -�ZCI 5-C 1 ,�,! Consulting Arborist �-� � - - - � (831) 594-5151 " �ti-� ..�.�...._,_. �I3 i5_ '�„�,,� 7327 Langley Canyon Road Prunedale,California 93907 �,, ._ �,,,, � ��`::..�i�; .,.�►.....\"'rti,.,,.,,�„ _ _ � s�t� A Peer Review of an Oak Grace Zweig Property 899 S. Tantau Avenue Cupertino, California Assignment I was asked by Mr. George Schroeder, Planner, City of Cupertino, to review the request to remove a coast live oak tree (Quercus agrifolia) at the Grace Zweig property, 899 South Tantau Avenue, Cupertino, California. Observations An Arborist's Report had been done concerning the subject tree by Mr. Mark Beaudoin, Certified Arborist, dated October 9, 2013. I suspect this date may be 2014 instead of 2013. I reviewed the report by Mr. Beaudoin, including clear photos of the diseased trunk and roots. This report does not state what the disease(s) is, or what the disease(s) is expected to be. The report simply states that SOD (Sudden Oak Death) is a problem. The photos do not show the symptoms, which are associated with Sudden Oak Death (SOD. Considering the range of SOD infestations, the chances of this tree having SOD disease is extremely unlikely. Without having inspected the tree at the site, I will not attempt to identify the specific disease(s), but it is clear that this tree is under significant attack by disease, possibly by several disease species common to this area and by common pathogens for Quercus agrifolia. There is recent canopy die-back, which appears to be associated with the disease(s) and/or insect attack, which would be a common scenario. Insects typically attack weak trees, especially those trees with open wounds. I suspect that several species of insects are at work on this tree, as well. It appears that is will be a matter of time before this tree will be rendered unstable by the combination of insects and diseases. In my opinion, this tree is beyond the point of effective treatment or remediation. Prepared by Michael L. Bench, Site Observations: Consulting Arborist December 2, 2014 899 S. Tantau Avenue Cupertino, California Conclusions If the structural integrity of this tree has not been rendered hazardous at this time, I am confident that the structural integrity will be eroded by the disease(s)/insects in the near future. Recommendations 1. I recommend that this tree be removed before it looses its ability to remain standing. 2. I recommend that the stump be ground, in order to prevent the development of a hot bed of oak root fungus inoculum (Armellaria mellea) in the area of the trunk. Should"stump grinding" not be done,the intensity of oak root fungus in this immediate area would likely infect a new replacement tree, even species that are listed as resistant. 3. I recommend that this tree be replaced according to city standards. 4. I recommend that the replacement species be a coast live oak(Quercus agriflolia) or another indigenous species. A replacement tree will require regular irrigation of 2-3 years during a period of establishment. Respectfully submitted, " . �..,.�.-+�_.___ Michael L. Bench, Consulting Arborist International Society of Arboriculture Certification#WE 1897A American Society of Consulting Arborists Member Prepared by Michael L. Bench, Site Observations: Consulting Arborist December 2, 2014 u erti no p ��E �Er�ov�� P�qrv 8°l 01 S. ��►�r"fl J ��!-E Basemap Labels � x r �`" �� "�'; �M� �� "��` �� Abc Street Names ��4 � �� t e. �� '� ,�.E � Secondary Address Labels � -�..w.� � �� -�� '�� i � �� ' � a � Primary Address Labels $ �` - �' �� ' � y� . <�� - fi �� __..�._�.,.,�, �..�a,:_ � _� !� � , - Freeway ' �; ° � �- E �� i Basema ��.�� : � �, � �� p ` i �� , � . � � � �� Street Centerline �< �� ` � . �� , � µ . . u s" c�� a,.. �� -,a. � � ; � -,�.�. _.__ , County Major Roads � ��,�; � �'�� ..� �� I� . � �� ; County FreewaYs w �� € � � �-' .� �� , � ` �, � ��a I .a...._ Right-of-Way � � �� . �� :�� =�� ,�'. '� �'� �'�� .�� ; � � � �� :� °° ,�: r �� Parcels �..�� : � ��,� � . �� ,� �� _ . 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