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TR-2015-03b COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 C U P E RT I N O {408)777-3308• FAX(408)777-3333•�lanning�a�cupertino.org March 9, 2015 Commercial Tree Care Attn: Kevin Allen 1066 Lily Ave Sunnyvale, CA 94086 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2015-03 This letter confirms the decision of the Director of Community Development, given on March 6, 2015, approving a Tree Removal Permit to allow the removal and replacement of 2 trees in a Planned Development(McClellan Estates), located at 828 Hooshang Court. Staff has made the finding that the protected trees are a detriment to the subject property and cannot be adequately supported according to good urban forestry practices due to overplanting or overcrowding of trees on the subject property. The proposed replacement plan is consistent with the Protected Tree Ordinance since the applicant is replacing the trees on site, and the number of replacements is consistent with the ordinance. The finding is necessary to grant the tree removal permit in accordance with section 14.18.180 (A) (3). The application is approved with the following conditions: 1. APPROVED PROJECT This approval is based on the arborist report prepared by Sara McMahon (#WE-8094A), dated December 4, 2014, consisting of three pages; and a tree removal and replacement site plan, except as may be amended by conditions in this resolution. 2. 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 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. Please note that an appeal of this decision may be made within 14 calendar days from the date of this letter. Do NOT REMOVE THE TREE until the end of the appeal period. If an appeal is filed, you will be notified of a public hearing, which will be scheduled before the Planning Commission. Sincerely, Erick Serrano Assistant Planner (408) 777-3205 ericks@cupertino.org Enclosure: removal and replacement plans CC: Tsu-Hong Yen 828 Hooshang Court, Cupertino, CA 95014 — r _-- ____ f�� _ �".�� '�� , 1`�,r - --� � � `� 4# � ..,� � � " .� , t. a�� t.: *�` .� `' �� . ,. � , � i�� \ � � sx i`. � �` F i` AV, R 1 �, ��I�,``. � � ►� � �':•��.� "�7�r� �``�`�° �;.. A 787G � �� .�f�.� ti � � �� Replacement Plan fi ' ' '� 3 - 24 inch box Shrubby Yew Pine �_° � �� " � °' "Same locations as removals" � �" � :�;�w � `;�:, � . � � &' ,� p �� . . . ;" . .» . � �t�*�i.*`'�';"s.� a_ .. , r��. �� s�z � ,a� �; T.- ata �t` � �� : ��''<`�< a,e ��. , ., .. , , . �� •�".r 817 .�+;�''� 818 �+tt.` . � Y-� � ��- �819 u�20 (� �.• �,��; 821 `�, x�; � .,,,,a, ,j��,; �� .;.�� i � C.; T�` 825 ,r,��.'P�'' �.!'r�s , : ��?� .'�� .�d27 829 830r�, 828 ,3 �': �'�:�'r ., , pg . . ��.P.+'..�'�—t..',��•� USING THE SMALL TREE VARIETYCALLED "SHRUBBY YEW PINE" WILL BE THE MOST APPROPRIATE TREE SPECIE FOR THIS SMALL SPACE. THIS TREE IS ONLY EXPECTED TO GET 4 FEET WIDE 8� AS TALL AS THE UPSTAIRS ROOF LINE. ROOTS ARE NON INVASIVE AND SHOULD NOT BE A PROBLEM FOR THE BUILDING FOUNDATION 8� NEARBY GAS LINE. ALSO THIS TREE CAN GROW IN HEALVY SHADE. ' �` �� #11 - Shrubby Yew Pine "Podocarus -� � ��: �� ,� ,' ��!!. �, kA.' S Y�,� ' �� - �� ;= macrophyllus maki �� .�� ;� � �� ,.• ;� 15 feet tall x 4 feet wide evergreen �y� 828 r °� 830 � � v � _ � � E�,� � �� r�� .�°�� F�y,. �.,y �. . �� ''b".�S�.k"'� z "',� ��^�a�.�`� ; ��tk+� ' IT Z= . , itk , �� g�, � ,�r r ��P' �t ��2t�J S�'� � ...�,,�$+ �+r �• �� . x #12 - Shrubby Yew Pine "Podocarus macrophyllus 'maki � 15 feet tall x 4 feet wide evergreen front of#825 front of#830 � #12 - Shrubby Yew Pine "Podocarus macrophyllus 'maki �front of#829 15 feet tall x 4 feet wide evergreen ii ; � � McClellan Estates 830 Hooshang Ct �,-• �. ��. �^`°"�'� �'-��., �` � ° s � : , �.:,�;; _�� "�. �—'�°•�.�"'�.�. -E� �_ ,. , � . � � �� ±�'� �, �� . . ��ii��`� 1, � S � �y� ��.5+� ,��"" �; � a� t L J ,y $ ' F_. # ' �` ..�A`• . y �<y y . 'i,{ . ! s-H �.y � }�,. ��'�,.P� . �� .„s� �.�, ,&W , ` `�`�.��..' , -,� � #12b - 15 feet from Tree #12 removal � ,.,�. ��=:,.� ��_..� ��f �. ,�.. � .,.�,r I��J 5 y�3 . --,� j Ss�nat�are ;�._ _ ,..�_. �� Commercial Tree Care A Shepherd Enterprises Company P.O Box 549 Santa Clara, CA.95052 Office: (408) 985-TREE (8733) Fax: (4�� :,2C/ ,�- 0� , �'�3 ;S _ . � . _ ___. _� _ °-�°�, �__.__ ARBORIST REPOR'�'` � `' Tree Removal Permit Application December 4t", 2014 Community Development Department 10300 Torre Ave Phone: (408) 777-3308 Cupertino, CA 95014 Fax: (408) 777-3333 McClellan Estates HOA 812-830 Hooshang Court; Cupertino CA 95014 Commercial Tree Care thanks you for the opportunity to provide tree recommendations at you site. Below are our findings and recommendations. Assignment: � Assess and report on the health, stability, and structural integrity of two (2) Fern Pines ( Podocarpus gracilor) Tree #11 and Tree #12. Address concerns that the subject trees are showing signs of stress, structural damage and may present liability hazards. This report was generated and performed as a ground visual inspection only - and the trees were not climbed. Observations: The subject trees #11 and #12 on the schematic are located near the back of the complex in front of unit 830 Hooshang Ct. The trunk of the trees measures 15 inches on Tree #11 and 12 inches on Tree #12 at a height of four and one half feet above ground level. The trees are located directly adjacent to the building with extremely close building proximity; within 2- 4 feet. Their canopies now loom above and over the roof line while their roots are beginning to uplift the existing nearby sidewalks and surrounding areas. This species is often referred to as a shrub in publications and can be mistakenly planted by architects too close to the building structures. These trees were most likely originally planted to soften and add aesthetics to the complex without the realization of their size potential and aggressive rooting system. Fern Pines can reach 40 feet tall and have a trunk that measures 20 inches in diameter. Tree #11 is now pressing its rooting system against a gas line. The resident at 830 complains that the tree hits the building during windy weather conditions causing damage and noise disturbances. Therefore, these trees are no longer serving their purpose as a complimentary addition to the property and have now become nuisances. These trees will only continue to grow larger creating more problems and damages as they do so. Arborists are tree specialists who use their education,knowledge,training,and expertise to examine trees,recommend measures to enhance the beauty and health of trees,and attempt to reduce risk of living near trees.Clients may choose to accept or disregard the recommendations of the arborist,or to seek additional advice. Arborists cannot detect every condition that could possibly lead to the structure failure of a tree.Trees are living organisms that fail in ways we do not fully understand.Conditions are often hidden within trees and below the ground.Arborists cannot guarantee that a tree will be healthy or safe under all circumstances,or for a specific period of time.Likewise,remedial treatments,like medicine,cannot be guaranteed.Trees can be managed,but they cannot be controlled.To live near trees is to accept some degree of risk.The only way to eliminate all risk associated with trees is to eliminate all trees. Commercial Tree Care A Shepherd Enterprises Company ��, 4 P.O Box 549 Santa Clara, CA. 95052 '� � _,_ Of�ce: (408) 985-TREE (8733) Fax: (408) 985-6536 ",�.�'.. ��.--� ARBORIST REPORT Recommendations: Due to inadequate room to grow a proper rooting system as well as a restricted area to grow a full and balanced canopy; removal and replacement of these two trees is recommended. The replacement trees should be an appropriate small growing species adapted for partial shade. Permanent irrigation with fast drainage is essential for the health of a new install. Please feel free to contact me with any further questions or concerns. � ,�� ;, -_ �.. , , � ,� � � ti � i �j '� �� : �z; �" ��, � r � �' �� ; o „ : _ _� , . � o. M ,. , , � . , . . ; '� , . � � �� "� � . ��, � �` m �� V: � � - � . ' "++ �.i4 ;� '� ,yy..., .�,.Y ��'{ : �. : ka g+ -.k .� ,3�'fa� �3 .�s ,:1� %,,,,. \ :`tu ,.''� � �", ^z� " '4 *e � 4 yf.�� .,d 5 2, '�'� s" �. '�.,;�+MP �9' T g�t k y�� a+aE'�«�§ . , dt;` >•� � k� � � �., ,1 �`° �� J ' 3' �n �' �,� y� �4 �!4.d d� � _:.d �,,. 'w... ��'�* F F .",t'.. ' ..i,3��'t M�"t. i Y `Y�. 'z'�'y � 1.. i Y � � � {I`ni I � Y' `� � �.. !�R' . . � .,.f. x. e�: g�� .� �� ►,: � �� , �, �� .�„� � � � ; t d k � � q. �... � r� �� + ��, �^ � ��4 r � s" `� � II r'Ch��.a�"$ax' � 4 S;s ��, � �a'�� ; ��'k"� +�..r'>,i,,.'..: �a R,,y�^ r.;.-p�-n"; N�: ^. �u � � N �� :�,�% �@ � Arborists are tree specialists whu use their education,knowledge,training,and expertise to examine trees,recommend measures to enhance the beauty and health of trees,and attempt to reduce risk of living near trees.Clients may choose to accept or disregard the recommendations of the arborist,or to seek additional advice. Arborists cannot detect every condition that could possibly lead to the structure failure of a tree.Trees are living organisms that fail in ways we do not fully understand.Conditions are often hidden within trees and below the ground.Arborists cannot guarxntee that a tree will be healthy or safe under all circumstances,or for a specific period of time.Likewise,remedial treatments,like medicine,cannot be guaranteed.Trees can be managed,but they cannut be wntrolled.To live near trees is to accept some degree of risk.The only way to eliminate all risk associated with trees is to eliminate all trees. Commercial Tree Care A Shepherd Enterprises Company P.O Box 549 Santa Clara, CA. 95052 ��: �.� __ OF�ce: (408) 985-TREE (8733) Fax: (408) 985-6536 _ _ ._ _ . _ _ _.__ __ _ __.. ARBORIST REPORT �� w�� fr �, �� µ: � c. � � � � .°� �� i� � � �� x�,� ��.�., �� J � *y , a�y �, � �� `��`�,�� . �. �t� -�� (� � � �., . � �y�•� ''l � � �c � � �s,��`�'� � C:�... !`S�n� �� 6F ,r ;� �'"lt�pa'� ¢ s.ri 1y,.�"� ��t��"l,+� 't �y Q I �.�� «'�? �e�y �` �'4' �'$i$'�,��fi` �� siP � IY& p t . ,� �'p W� �. �: �� r,.� �n` �v"�.+rM1`� b�3n+�",�:� � ,� mP �-�° y� � � "' �` ��E � , �y.. � `��.�^ �� m.7 �� x� ��. � � � ��'° z. �� `��'.r �, :. ,'� � �� 'F; � �? �. �,� r, � �.��,, �z ��`; #% � -*� �� , '' ��'n"''• ^'� ,� < � � �. � :�� • wsa� :. �� { t°,� � "`,� ¢< a �� a � � ,,, � 'f.c .�«.�. � �� ....- �r� 6��A wi �'g�.:,�� *.�;� Thank You, �,a�i,a %�'l�%�'l�z�r.o� Sara McMahon I.S.A. Certified Arborist #WE-8094A Arborists are tree specialists who use their education,knowledge,training,and expertise to examine trees,recommend measures to enhance the beauty and hcaith of trees,and attempt to reduce risk of living near trees.Clients may choose to accept or disregard the recommendations of the arborist,or to seek additional advice. Arborists cannot detect every condition that could possibly lead to the structure failure of a tree.Trees are living organistns that fail in ways we do not fully understand.Conditions are often hidden within trees and below the ground.Arborisks cannot guarantee that a tree will be healthy or safe under all circumstances,or for a specific period of time.Likewise,remedial treatments,like medicine,cannot bc guaranteed.Trees can be managed,but they cannot be controlled.To live near trees is to accept some degree of risk.The only way to eliminate all risk associated with trees is to eliminate all trees.