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TR-2015-24b 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• planning�cupertino.orq July 14, 2015 Commercial Tree Care Attn: Mike Waller P.O. Box 549 Santa Clara, CA 95052 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2015-24 This letter confirms the decision of the Director of Community Development, given on July 14, 2015, approving a Tree Removal Permit to allow the removal and replacement of one (1) 22.5-inch diameter Coast Live Oak tree and one (1) 42.5-inch Coast Live Oak tree, located at 11088 Catalano Court. Staff has made the finding that the development trees in the R1-6 zoning district are in declining health. This finding is necessary to grant the tree removal permit in accordance with Section 14.18.180 (A)(1) of the Protected Trees Ordinance. The application is approved with the following conditions: 1. APPROVED PROjECT This approval is based on the arborist report prepared by Joe Nama (#WC-3238A), received June 8, 2015, consisting of five pages and a tree removal site plan, except as may be amended by conditions in this resolution. 2. TREE REPLACEMENTS The required replacement trees for the 22.5-inch tree are two (2) 24-inch or one (1) 36-inch box tree to be planted on the subject property. The required replacement tree for the 42.5-inch tree is one (1) 36-inch box tree to be planted on the subject property. If it is determined that it is physically not feasible to plant the required replacement trees the applicant may pay in-lieu fees determined to be appropriate by the Community Development Director. The applicant shall provide the Department of Community Development adequate documentation, including but not limited to photographs, receipts or invoices, to verify that the replacement trees have been planted. 3. PROTECTED TREES The applicant understands that replacement trees may not be removed without a Tree Removal Permit and that they shall be responsible for ensuring the proper maintenance and care of the tree. The applicant shall also disclose the location and species of all replacements trees on site upon sale of the property. 4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS T`he 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. 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, �' - � ------------ - �_.--:____�------�� ---, aitie Groeneweg ��- Assistant Planner _--..__ � (408) 777-3257 kaitieg@cupertino.org Enclosure: Arborist report and removal plan CC:Jennifer Hsu,11088 Catalano Ct,Cupertino Ca 95014 Yuen Manlead and Lee Yuen Ming,7777 Orion Pl,Cupertino Ca 95014 Commercial Tree Care A Rhino Enterprises Company P.O Box 549 Santa Clara, CA. 95052 Office: (408) 985-TREE (8733) Fax: (408) 985-6536 Arborist Report Jennifer Hsu June 4, 2015 11088 Catalano Court. Phone: 408-398-0458 Cupertino, CA 95014 Email: joe@commercialtree.com Jennifer Hsu, 11088 Catalano Court, Cupertino, CA Thank you for providing Commercial Tree Care the opportunity to provide tree care removal recommendations for Jennifer Hsu's residential property. Below is a report of our findings and recommendations. Assignment: Assess and report on the health of the two (2) Coast Live Oaks in Jennifer Hsu's backyard. We'd like to address concerns that the trees appear to be in hazardous situations to the public health and safety due to likelihood of limb failure, poor structure, and overall diseased and/or dying. This report was generated and performed as a ground visual inspection only. Observations: Both Coast Live Oaks have presented major limb failure due to poor structure, heavy lean, and signs of disease/dying. This is hazardous to the home owners and community as a whole, especially since they have children who play in this backyard under the trees. Even with proper pruning and maintenance, these two trees will continue to be dangerous and pose a future threat: �,t�,AR/A, e I �" r, V..-,,,�wm^�w+�� , , . . s:y� _,,...�.�.�..._..--- _.,t �- ,. ; _.., . �' /.'� � . , - _- ,�..ea__ __ . . , .,.._. ,�` � : � ..�:; _ Arborists are tree specialists H�ho use their education,knoH�ledge,traiuiug,and ezpertise 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 tliat 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 tl�ey cannot be controlled.To live near trees is to accept some degree of risk The only w�ay to eliminate all risk associated with trees is to eliminate all trees. ` , !��" � �.� Commercial Tree Care A Rhino Enterprises Company �� P.O Box 549 Santa Clara, CA.95052 ` �` �' ' � Office: (408)985-TREE (8733) Fax: (408) 985-6536 Arborist Report . � ��F ,� ,� �< � q � �� . � � ��'. ��{ � '� � � � � s ss�� '��-� � �, � �� s�� km�� °^ �T�c'c��$�P�� 3�� .�',�,� y_. �� r _a�� :3 � � , � `�Z- °� ta��i� .'.. � v'€"�' �.. ' �� '� �` �� ; I z,n«� � I � � � �� , P,� - ;t - � ; - � �� :y ��. ,. ��, � r'$ � %� � � � u �� /'� �ry� � ',� � / � Li 1 / y� � y � �6 � $� £ �,; � *� se � 3�� `m � � � � � V,- � �� - � �� a � � �, i �'� .. ,%L�; &�'- .i��: , N�- �� q� „ f:: � x��. &�' ',a y�� N� ,.��, �' „Yy��f3�'., � �, �::� o � � �� 1 � r � 3', 6k� �„� 5�''�� ` � �� '-� �" 1.1 They have already presented structural damage with major limb failure shown in figure 1.1 and dead/dying in the trunk with an Oak Canker and is growing with a heavy lean. Again, this cannot be controlled or remedied through reasonable preservation and/or preventative procedures. ' Arborists are tree specialists who use their education,knowledge,training,and expertise to examine trees,recommend measures to enhance the beauty and health of trees,and attempt to reduce risk of living near trees.Clients may choose to accept or disregard the recommendations of the arborist,or to seek additional advice. Arborists cannot detect every condition that could possibly lead to the structure failure of a tree.Trees are living organisms that fail in ways we do not fully understand.Conditions are often hidden within trees and below the ground.Arborists cannot guarantee that a tree will be healthy or safe under all circumstances,or for a specific period of time.Likewise,remedial treatments,like medicine,cannot be guaranteed.Trees can be managed,but they cannot be controlled.To live near trees is to accept some degree of risk The only way to eliminate all risk associated with trees is to eliminate all trees. � � Commercial Tree Care A Rhino Enterprises Company P.O Box 549 Santa Clara,CA. 95052 Office: (408)985-TREE (8733) Fax: (408)985-6536 � � Arborist Report g�� 6� �� i��/;.. . � �.. � �"/��: s,� � Y 5/. �0,.' /e� � ��_ � /� � ��:Y ��5 �� k� F �� , �,�� :$�:, ,�3 � � ¢� � �.;. $�'i' �� ;�.. F� �� . � � � �� "`;�„ �� -s6�S� �k� �'-.. r �- �F ��'� �vq�rB�,. �-' '�� 4 p idt i * Y- �° � x � � � � � `� � ,�s. �� V j; ,,� � y� ��, ��' � ��., ti�� ' s 3i �i�� €°��, �� _ �� a" � �," � �A �� ;� �z� � fi � �� F �s�� ;" �s� ;,� �, ; ��,:.., Y W?�.. �S �'. "{��pm ��. 1.2 Figure 1.2 shows the multitrack live Oak that is not dead yet but is showing signs of Sudden Oak Death and have also had frequent limb failure and brown dying leaves. The home owners fear safety issues as again children play around these trees, and they are aware that Coast Live Oaks are Heritage trees so we are providing this report with an urgent request for permit approval. Please let us know as soon as you approve the permit so that we can remove and replace these two hazardous Coast Live Oaks. 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 Rhino Enterprises Company P.O Box 549 Santa Clara, CA. 95052 Office: (408)985-TREE (8733) Fax: (408) 985-6536 Arborist Report Recommendations: Removal of both trees and replacement with a tree that is safer and grows more slowly with less likelihood of major limb failure, we are open to the city's suggestion. Feel free to contact me with any questions or concerns. Thank you for your time and quick response to this urgent matter. Additional Background/History: Coast Live Oak is the only California native oak that actually thrives in the coasta/environment, although if is rare on the immediate shore;it enjoys the mild winter and summer climate afforded by ocean proximity, and it is somewhat tolerant of aerosol-borne sea salt. The coastal fog supplies relief from the rainless California summer heat. Normally the tree is found on well drained soils of coastal hills and plains, often near year round or perennial streams. It may be found in several natural communities including Coast Live Oak woodland, Engelmann Oak woodland, Valley Oak woodland and both northern and southern mixed evergreen forests. While normally found within 100 kilometers of the Pacific Ocean at elevations less than 700 meters, in southern California it occasionally occurs at up to 1,500 meters in altitude. Coasf Live Oak has a/so become a common addition to landscaping. It is however sensitive to changes in grading and drainage;in particular, it is important to respect the root crown level and avoid adding soil near the trunk when construction or landscaping occurs. Also, if incorporating it into a landscaping scheme with artificial irrigation, it is important not to water within the oak's drip line (canopy), as wet soil in the summer increases infection rates by soil-borne Phytophthora diseases. Soil compaction from construction of a house, wall, road, or parking lot can a/so compromise the health of these trees which can lead to disease and infestation of pest from an already weakened tree. Most of us were first introduced to this pathogen through history recollections of the Irish Potato Famine. The pathogen Phytophthora infestans is responsible for the death and migration of thousands of Irish citizens when it destroyed a large percentage of their staple food source, the potato. The pathogen destroys the plant growing tissue called cambium as well as the vascu/ar system phloem and xylem cells which are responsible for tree life. The presence of fhe pathogen in this tissue causes girdling, which eventually/eads to blight. Reddish brown sap oozing from the tree trunk is a wound response to the pathogen. It usualfy takes the form of droplets. It is one of the visual diagnostic indicators of disease presence. A thorough site and tree examination and assessment as Arborists are tree specialists who use their education,kno��ledpe,training,and ezpertise to examine trees,recommend measures to enhance the beauty and health of trees,and attempt to reduce risk of living uear trees.Clients may choose to accept or disregard tl�e 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 wa��s we do not fully understand.Conditions are often hidden within trees and below the ground.Arborists cannot guarantee that a tree wilt be healthy or safe under all circumstances,or for a specific period of time.Likewise,remedial treatments,like medicine,canuot 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 atl trees. Commercial Tree Care A Rhino Enterprises Company P.O Box 549 Santa Clara, CA. 95052 Office: (408) 985-TREE (8733) Fax: (408) 985-6536 Arborist Report well as an experienced understanding of the disease complex is very important for diagnosis, several other pathogens produce similar bleeding symptoms. Removing the bark over an infection area reveals dark zonal lines and diseased tissue within the zonal borders. An oak may be infected up to one year or more before symptoms appear. In our experience, once a bleeding lesion appears, tree mortality of coast live oaks can follow approximately two years later. We have also experienced trees infected by Phytophthora ramorum and ambrosia beetles to the point of girdling of over 50% of a tree circumference that stay green and healthy appearing after four years of treatment. This in field observation proves that there are no hard and fast rules that apply to each and every tree. Beetles invade diseased or stressed trees. It is their job in the forest to seek and destroy these frees. It is said that weakened trees emit a chemical, signaling stress, thus attracting the beetles. Beetles are attracted to the canker area. Just like the pathogen, these beetles girdle infecfed trees. However, they girdle at a much faster rate than the pathogen. If one is trying to preserve and protect a tree, it is important to protect from beet/e attack as well as fhe pathogen itself. Sawdust material(frass) is produced by one of three possible beetle species. Red frass is from the Western oak bark beet/e (Pseudopityophthorus pubipennis), and white frass is produced byAmbrosia beetles(Monarthrum dentiger and M. scutellare). Beetles can attack before Sudden Oak Death signs are present, so it is important to look for these pests during regular scheduled inspections. Please let us know if you have any questions. Sincerely, Joe Nama Certified Arborist W E-3238A (408) 691-2025 Arborists are tree specialists who use their education,knowledge,trainiug,and eapertise to ezamine trees,recommend measures to enhance the beauh�and l�ealth 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. 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