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TR-2015-22b DEPARTMENT OF COMMUIVITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO,CA 95014-3255 C U P E RT I N O (408)777-3308 • FAX(408)777-3333 • plannin�@cu�ertino.org july 9, 2015 Halo Custom Guitars Attn:Jeff Lee 21621 Stevens Creek Blvd. Cupertino, CA 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2015-22 This letter confirms the decision of the Director of Community Development, given on July 9, 2015 approving a Tree Removal Permit to allow the removal and replacement of 3 protected trees in a Planned Development, located at 21621 Stevens Creek Boulevard. Staff has made the finding that the Mature Specimen trees in the P(CN) zoning district, with single trunk between twelve inches DBH and twenty-four inches DBH, or multi-trunk between twenty-four inches DBH and forty-eight inches DBH, that are the subject of this tree removal permit, will be replaced by planting a replacement tree and/or by contribution to the city's tree fund. This finding is necessary to grant the tree removal permit in accordance with Section 14.18.180 (A)(4) of the Protected Trees Ordinance. The application is approved with the following conditions: 1. APPROVED PRO,TECT This approval is based on the arborist report prepared by Michael Bench (#WE-1897A), dated August 26, 2014, consisting of four pages except as may be amended by conditions in this resolution. 2. TREE REPLACEMENT The required replacement trees are three (3) 24-inch box trees 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 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(S) 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. Sincer y r � Giafi Ma tire Assistant Planner (408) 777-3319 gianm@cupertino.org Enclosure: arborist report � � �"�'�",a `,�.-r Michael L.Bench qpp��VAL �!� �/J�a�� ?,/ Consulting Arborist C (831) 594-5151 �,;;_�;.�..:;,,F� i�t�m��r �`�`'�„-Z,., . ... ��:�.,�u.�_:�...�.�.. �� 7327 Langley Canyon Road Prunedale,California 93907 —�.1'`"'�,_„�,�`-- cv3�E"i��l��' _ An Evaluation of 3 Trees At Halo Custom Guitars, Inc. 21621 Stevens Creek Boulevard Cupertino, California Assignment I was asked by Mr. Jeff Lee, owner of Halo Custom Guitars, Inc., to evaluate the damage by 3 trees in the back patio of the store at 21621 Stevens Creek Boulevard, Cupertino, California. Observations I inspected the trees on August 26, 2014. There is a flagstone patio behind the guitar store. This patio is used for company barbeques and an area for employee breaks. In the northwest corner of the patio, the three trees exist in a cluster on a raised bed. Tree# 1 is a Tree of Heaven(Ailanthus altissima) with a trunk diameter of 22.7 inches DBH (Diameter at Breast Height= 54 inches above grade). The height of the canopy is approximately 70 feet and the diameter of the canopy is approximately 50 feet. Tree # 2 is a dual stem Tree of Heaven(Ailanthus altissi�na) with the trunks measuring 23.0 and 18.0 inches DBH (Diameter at Breast Height= 54 inches above grade). The height of the canopy is approximately 70 feet and the diameter of the canopy is approximately 40 feet. These two primary stems are Co-Dominant and have imbedded bark, which is a condition that often causes a tree to split in half. Tree # 3 is a coast redwood (Sequoia sempervirens)with a trunk diameter of 11.0 inches DBH (Diameter at Breast Height= 54 inches above grade). The height of the canopy is approximately SO feet and the diameter of the canopy is approximately 15 feet. Trees # 1 and 2 are in good health. Tree # 3 is in fair to poor health, due to lack of water. Tree # 1 has fair structural integrity. Tree # 2 has poor structural integrity, because its dual leaders are co-dominant attached at a very acute angle. These two leaders cannot be cabled. Trees # 1 and 2 are "Specimen"trees as defined by City code. Tree # 3 is not. Prepared by Michael L. Bench, Observations: 1 Consulting Arborist August 26, 2014 21621 Stevens Creek Blvd. � Cupertino, CA � � �� , ., �� `�,� � ��. �� `� ;�-� �. �� A �;. ;��- �y',�5:'. � � i� � � �� `� In this photo, ��y� �f�� `� Tree # 1 is on the left. * � �� Tree # 2 is behind Tree # 1. �, �'�� ,, �� '� � '�� . .;�� Tree # 3 is to the left (almost invisible) of a. �. �� p� - � :s�;� �� Tree # 1. �r �¢� �� f� � ; , � � �. ;�� :�' �'; � � � � � �; � �� `„�,,� �. -� �� - :,.:.. x�,.. � d w, _, g �:/� �§� �yh �'� � ¢;aa� �t�,� �:.�y ,�,"-.*�' �� "^� �Y' �1 K„-. .� �'.5` �.:.:� "�, �:.. � � � _am.c�ee:�: ... . ... � .. .. # �� ., � �^��?� � �.,� xb'i �:'✓,'" � � „�w- . �...�fi�' � ' -.�'��,,. .�`p ��,,��t9� s d „� a "�.•.....�-", � ��. � ��,- .� .r.. "� �,� � -<�^•�"� �. � �'�. �- ,�, ��, t,�' � ;* ��," �� --�, � � � �.., � �_ I took 2 photos (seen here on the right) �'� �� ° �,��.� � " �� of the damage to the flagstone patio. ��., � �� . ��_°�'w,r'�;:' . g �t�� . �; ..� �`�w. Roots of these trees are raisin the � flagstones at numerous locations. � �"�" a�_�+ � �� `µ� � � � ��. � �.�> � _,,� �.4 There are numerous locations of heaving in all ;, �,��.�'�� _ areas of the atio which has become near � � � � p � '"'` �� i � � �� , unusable. � � �� . � �. � � �� *� The flagstones could be removed so that roots � " �` ��..�,�`� � � R � could be cut. It is likely that a percentage of the - ��- �� .t ��'� � �� v�,,.� ;;�� roots could be severed, before re-installing the � ��R��°�' � `� � �r� � �� , `�: flagstone pavers. However, this would be a very � �`� �%�� short term solution because this s ecies is so � �'�� '�� '' ��` �� P �� ,�`�,��-�-� .. ��...��,'� aggressive. It would be a short time (2-3 years � ��,,��- �� estimated) before the same damage or greater �� °��..'� �'� dainage would occur. � -�� ` �� '�-��,`��~� � ��a. �� ..� �'-�. i �� ,��° �. A ""7� °y, � ,C. � 'x�" 'F � �t.*�.' ya+�F�g`4��. ,:; ,�. �azz„N ��,,,r�,.� , � �,� � � �;�` �� •�� :�.A ','Y . z, . �' S g . Prepared by Michael L. Bench, Observations: 2 Consulting Arborist August 26, 2014 21621 Stevens Creek Blvd. � Cupertino, CA � � � �'° ° � _ �; :��{,° � � £�;} � ;� r, � � � � � � _ �' $y�t � n��' � �� " Two new stems have grown up from nearby roots ��E � ��; �� ` ;� � through the wooden fence on the north side � �� `�� y �� : property boundary. This fence could be repaired, ' .,,�,� �F: �� ,� � but it would be a short time before repairs would � �'�� be required again. � , _ �� ,, �.: ' .-an & y�� .V � - � - �,",.. �. -�� ..�� , � ��_ ' � � ,� � a��r s��,��;, F & � � � �, �, . �:�� _ � �� ,� f .,.�� _�;� �,.,,, � ,; � ��.� � t� ~,. ��.� .. . .......... •..._:::_<,��.,,,.,,.� :4 ,._._.�....... <y .... . ... . .......�. � This photo to the right is the corner �� , � ,��-��`��- .�� ' �� '� �� ' � of a neighbor's shed on � � ' "` �� . . _��° � �� -� ��.� °�� neighboring property which is on �� :�� , ' ��,� � r � ��"° ' s �:. � '=s� 5, � '� `: � ;�� ...+�� ''�*�' * �'� the north side of the fence seen in � -��.�� "� "�� "� ' �� , r � �R � �; 3�. the previous photo. This shed ��`"�'�� """��-� �� '�� p �� a-��,�� ' ; `�` �� ,�� T � � appears to have a slab on grade � T-� �.��- - � �� °� � �� floor. �� `�> �� ,� �� `��,��$�. In this hoto roots of these � �' �� ,��; �F'�a�4� '{�°� 4�`�� y�s.: "�. � v°e. ' �; Y .� d n''9 � �� , ,� . ,. s `� � �c� � ��rZ� %��"��v��;�'�; �.� _� �u,f�.,�_"�'�, r .`,`� Ailanthis altissima trees have �� grown under the paving and have �� '�`-��`A� come through the paving at the corner of this building. In this case the stems had been cut, but they are still alive. � � � r-� � -�.� � � �� _�� ,:;; °-�:� � � ��; This last photo shows shoots of these trees �_ � ; a � � � �� growing adjacent to this same neighboring shed. ' � � `�� :> �E �u � -� �°s �;�,�` � „ �� .�,, � �. , � .� � � �� .,��'' y�� ; � �; The roots of these trees have the capacity to raise " � � ��"`�'�' 4�` ~ '�� ,a��, �� ` '� ^�� I I � � �� the slab floor of this shed, but it does not appear �" ,�" , � �,� �,,� � � �,�� that they have done so at this point. �� F `�`,� x �.. : , �,� � � �� i ,� ,;�:: � � °� _�� . ._ ..�� Prepared by Michael L. Bench, Observations: 3 Consulting Arborist August 26, 2014 � 21621 Stevens Creek B vd. Cupertino, CA Because this species,Ailanthis altissima, grows very fast and has extremely aggressive roots, the damage seen here will only become worse over time, in my opinion. Repairs to the patio and to the fence would only be temporary. Also, this species produces viable seed, which results in new volunteers anywhere this species exist. Discussion It is unfortunate that this species is so aggressive, because it is beautiful tree. Its fast growth often results in broken limbs and split trunks, in addition to infrastructure damage caused by its roots, especially in limited growing spaces, as is the case at this property. Recommendations I recommend that these 3 trees be removed in order to prevent further damage to the property. The planter bed, in which these trees exist, is the only available location to plant a replacement tree. I suggest that one Columbia London plane (Platanus acerifolia `Columbia') be planted as a replacement. This species becomes a large tree but rarely causes infrastructure damage. Respectfully submitted, e.L_,., Michael L. Bench, Consulting Arborist International Society of Arboriculture Certification# WE 1897A American Society of Consulting Arborists Member �:-. Prepared by Michael L. Bench, Observations: 4 Consulting Arborist August 26, 2014 � � I'� � � ��„ A � `�`�,. �u � "��, , ; � � �' � ��' �, � , .� � . w� .� �,. �� , ., �� , ,. � � � � � � �a; ��' 4 � ,, � �� =�' �� ;. � ,�m� � � ; � � ��4�✓Y � C � y �e , �'�:��{ ,�" �' n � t �. � v'�.- � a ''� �,�.� � �. � e;.,- r: "'�� t^Ya� � � y �� r � �'..<� �� 3 .�..# � `� �� ?- .. �� > .� �� . s , � : .;� �• � ''� � i�L �.� �� "..� �� '�� C�� Y� �� -� ;�� x. � �� .; t�� _ �� ,�� '' � }� ':��4 `,� �� ,� �`� > � "� � �� y�, � � x�,`-�� a� "` �. �'` 5'r �s`��v��'��;; . 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