TR-2015-31b 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 • �lanning@cupertino.orQ
August 10, 2015
Elisabeth Eschelbeck
10501 Florence Dr
Cupertino, CA 95014
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2015-31
This letter confirms the decision of the Director of Community Development, given on August 10, 2015
approving a Tree Removal Permit to allow the removal of one (1), 52-inch diameter Coast Live Oak,
located at 10501 Florence Drive.
Staff has made the finding that the Mature Specimen trees in the R1-10 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 PROTECT
This approval is based on the arborist report prepared by Richard Gessner (#WE-4341B), dated July
1, 2015, consisting of twelve pages and a tree removal site plan, except as may be amended by
conditions in this resolution.
2. TREE REPLACEMENT
The required replacement trees are one (1) 36-inch 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 ensuruzg 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 Govemment 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 rnay be made wiEhin 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.
Sincerely,
Gian Martire
Assistant Planner
(408) 777-3319
gianm@cupertino.org
Enclosure: Arborist Report
Removal and replacement plan
10501 Florence Drive, Cupertino Oak Tree Assessment July 1, 2015
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Ms. Lisa Eschelbeck �"" "n ; � ��- "`"�"�
10501 Florence Drive
Cupertino, CA 95014 Monarch Consulting Arborists LLC
P.O.Box�O10
Fetton,CA 95018
831.33�.8982
Regarding the coast live oak(Quercus agrifolia) located on the southwest side of 10501 Florence
Drive, Cupertino, CA 95014 (Appendix A). The tree is in poor to unstable condition and in poor
health with both biotic and abiotic conditions contributing to an ineversible spiral of decline and
meets the City of Cupertino's findings for a tree removal permit.
Assignment, Limits, Purpose and Use
On June 30, 2015 at 9:00 AM I inspected the crown, trunk, trunk flare, above ground roots, and
site conditions around the tree following the guidelines published in the ANSI A300 (Part
9)-2011 Tree RiskAssessment a. Tree Structure Assessment to perform a level 2 basic assessment
including an assessment of the tree's vigor. No tree risk assessments were performed.
The purpose of this report is to inform the property owner about the condition(health and
structure) of the tree. The report is to be used by the properiy owner, their agents, and the City of
Cupertino to help make decisions about the future management of the tree.
Observations
The coast live oak is located along the southwest side of the property about one foot from the
chimney. The tree has a trunk diameter of 52 inches at 4.5 feet above grade and is approximately
45 feet tall. The crown spreads symmetrically about 25 feet in all directions. Foliar color is
chlorotic, size is small, and density is sparse with about 20 percent crown opacity (Appendix B).
There are dead branches and twigs throughout the crown and most of the branch tips have died
uniformly around the tree. The scaffold branches are moderate sized with good attachments and
support moderately sized secondary limbs. The trunk has a corrected lean with bulging in the
lower six feet. The bark on the lower trunk has abnormal color and texture with response growth
from internal damage throughout. There are signs of fungal pathogens with black oozing in
some areas and brown or tan fungal conks mixed between bark fissures (Appendix B). The trunk
flare is partially buried and there are some visible structural roots at ground level along with a
few visible surface roots. Targets of value under the tree are people when present, parked cars,
and two residences.
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10501 Florence Drive, Cupertino Oak Tree Assessment July 1, 2015
Discussion
The health assessment of the coast live oak focused on the following conditions:
• Overall appearance
• Foliar health
• Twig growth
• Environment(abiotic disorders)
• Presence of insects and disease (biotic disorders)
The overall health rating is either good, moderate, or poor. The system is based on the overall
appearance of the tree, its leaf and twig growth, and the presence and severity of insects or
disease. The coast live oak is in poor health and declining. Based on the tree's crown opacity of
about 20 percent and the dieback concentrated at the outer tips of the branches and twigs the tree
is in a spiral of decline. The sparse crown, foliar discoloration, and small leaf size are indicators
of reduced root function which can be caused by drought(Costello, L., Hagan, B., Jones, K.
2011). There are signs of canker diseases in the lower trunk and unusual response growth with
ribbing and bulging in the lower six feet where infection has likely occurred for years. Two
signs of fungal pathogens were observed which were black oozing which could be caused by
Phytophthora sp. in one small spot and fungal conks intermixed between the bark fissures which
I identi�ed as Phellinus gilvus(Costello, L., Hagan, B., Jones, K. 2011).
A tree's condition is a determination of its overall health and structure based on five aspects:
roots, trunk, scaffold branches, twigs, and foliage. The assessment considered both the health
and structure of the tree for a combined condition rating as defined below:
• Exceptional =Good health and structure with signi�cant size, location or quality.
• Good=No apparent problems, good structure and health, good longevity for the site.
• Fair=Minor problems, at least one structural defect or health concern, problems can be
mitigated through cultural practices such as pruning or a plant health care program.
• Poor=Major problems with multiple structural defects or declining health, not a good
candidate for retention.
• Dead/LTnstable =Extreme problems, irreversible decline, failing structure, or dead.
The tree is in poor to unstable condition at this time. Structurally the tree is in fair shape with
some defects and conditions that could lead to branch or stem failure, however nothing except
for dead branches would be prone to failure under normal conditions within the next three
months.
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10501 Florence Drive, Cupertino Oak Tree Assessment July 1, 2015
Trees are complex living organisms and it is not possible to quantify the long term health or
condition of any living entity, including trees. Abiotic and biotic factors influence trees over
time and that influence cannot be predicted. There are some cultural practices such as mulching
or fertilizing that can be employed to help improve overall growth under some circumstances.
Typically trees will start to decline as injury occurs to the root zone from construction,
landscaping, fungal pathogens or insect infestations. Trees can overcome specific problems over
time but it is the combination of contributing factors that starts the spiral of decline.
The tree is declining and will most likely continue to decline with or without treatment. It will
not be possible for the tree to overcome the extent of the canker encompassing the lower main
stem and the regional drought conditions. The tree may start to fall apart as the decay becomes
more extensive throughout the main stem and crown or it could totally collapse under certain
conditions.
There are no cultural treatment mitigation options for this tree aside from removal. Fertilizing or
chemical applications will have little or no effect and watering would prove difficult due to the
location of the tree and the current drought scenario.
Section 14.18.180 Review and Determination of Application of the Cupertino Municipal Code
provides the criteria required for a tree removal permit to be granted. Stated below is the first
part of the section:
"The approval authority shall approve a tree removal permit only after making at least
one of the following findings:
1. That the tree or trees are irreversibly diseased, are in danger of falling, can cause
potential damage to existing or proposed essential structures, or interferes with private
on-site utility services and cannot be controlled or remedied through reasonable
relocation or modi�cation of the structure or utility services;"
The coast live oak is irreversibly diseased and will continue to decline regardless of intervention.
Conclusion
The tree is in poor to unstable condition and in poor health with both biotic and abiotic
conditions contributing to an irreversible spiral of decline. Because of these factors the tree
meets the City of Cupertino's�ndings for a tree removal permit as stated in Section 14.18.180
Review and Determination of Application of the Cupertino Municipal Code.
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018
831.331.8982 - rick@monarcharborist.com Page 3 of 12
10501 Florence Drive, Cupertino Oak Tree Assessment July 1, 2015
Recommendations
Obtain all necessary permits from the City of Cupertino prior to removing or significantly
altering the tree.
Have a qualified tree care contractor with a C-61/D-49 or G27 California Contractors License
and proof of insurance safely remove the tree.
Replant with a 36 inch box container sized tree as stipulated in the City of Cupertino Municipal
Code (Appendix C).
Bibliography
American national standard for tree care operations: tree, shrub and other woody plant
management : standard practices (Tree risk assessment a. Tree structure assessment).
Londonderry, NH: Secretariat, Tree Care Industry Association, Inc., 2011. Print.
City of Cupertino Municipal Code Chapter 14.18 Protected Trees. Dated 2007.
Clark, James R., and Nelda P. Matheny.A Photographic Guide to the Evaluation of Hazard Trees
in Urban Areas. Bedminster, PA: International Society of Arboriculture, 1993.
Costello, Laurence Raleigh, Bruce W. Hagen, and Katherine S. Jones. Oaks in the urban
landscape: selection, care, and preservation. Oakland, CA: University of California,
Agriculture and Natural Resowces, 2011. Print.
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10501 Florence Drive, Cupertino Oak Tree Assessment July 1, 2015
Appendix A: Site Overview and Tree Location
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10501 Florence Drive, Cupertino Oak Tree Assessment July 1, 2015
Appendix B: Photographs
B1: Declining oak tree with sparse crown
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10501 Florence Drive, Cupertino Oak Tree Assessment July 1, 2015
B2: Black oozing from stem possibly Phytophthora sp.
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10501 Florence Drive, Cupertino Oak Tree Assessment July 1, 2015
Appendix C: Replanting Plan
The City of Cupertino requires one 36 inch box tree to be planted. The tree should be planted in
the front of the property because the back yard is already heavily forested. Below are my
recommendations for species to be planted. Because the front faces southeast a deciduous tree
will be better suited for the location.
Valley oak(Quercus lobata)- if turf is to be removed Deciduous
Big leaf maple (Acer macrophyllum) - if turf is retained Deciduous
Plant Quality
All plants should conform with ANSI Z60.1 Speci�cations for Acceptance of Nursery Trees.
Plants should be free of insects and disease, healthy, and structurally sound.
Trees should not have been topped or headed back.
Support Material
Support stakes can be used if necessary but are not advised. Stakes should be two inch diameter
and installed with no cross bar and should not contact the main stem. Stakes should be trimmed
to the lowest acceptable level as to not interfere with branch growth after installation. Support
stakes should be removed after 12 months. Tree ties should be flexible.
Two to four inches of untreated mulch, bark or wood chips should be placed underneath the trees
to a minimum distance out to the drip line. Mulch should not contact the main stem and should
remain a minimum of two inches from the trunk and structural roots.
Irrigation Systems and Hardware
Use drip irrigation systems for trees and shrubs and avoid watering areas that do not require
watering. Drip systems use less water, place water directly onto the root zone, and help reduce
evaporation. Check systems regularly and every spring at a minimum for leaks and breaks that
could cause water waste. Irrigation emitters should be placed away from the tree trunks and
watering should occur both inside the root ball area as well as outside into the parent soil for new
plantings.
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10501 Florence Drive, Cupertino Oak Tree Assessment July 1, 2015
Installation
Site preparation should consist of planting pits at lest three times the diameter of the container
being planted. The soil should be free of any debris such as rocks, asphalt, concrete, or other
construction debris.
When planting trees or shrubs in a narrow row it would be best to prepare the entire planting row
for installation by rototilling and removing any debris.
Install plants two inches above grade and no root ball should be placed below grade level. Check
the level of structural roots within the container to determine if soil needs to be removed from
the top prior to installation. Circling roots should be cut or teased outward from the root ball.
The planting pit should be backfilled with parent soil material and no amendments or fertilizer
should be placed in the soil without a soil test.
Final Planting Inspection Check Sheet
• Are the structural roots at the correct depth?
• Is the trunk vertical?
• Is a raised ring of soil needed to hold irrigation water over the root ball?
• Have codominant stems and dead, weakly attached or broken branched been removed or
reduced in length?
• Has the tree been lightly mulched without covering the base of the tree or trunk?
• Has the tree been watered thoroughly?
• Have extra soil, root ball wrapping, pruned branches, and other debris removed form the site?
• If the tree was staked, does the guying allow for growth and movement of the trunk? Have
provisions been make for timely inspections and removal of the support system?
• Are definite provisions made to be sure proper care will be given to the tree?
• Does the new owner or maintenance crew understand how important proper future care is to
the survival and good health of the new tree?
Adapted from ISA Best Management Practices Tree Planting
Monarch Consulting Arborists LLC- P.O Box 1010, Felton, CA 95018
831.331.8982- rick@monarcharborist.com Page 10 of 12
10501 Florence Drive, Cupertino Oak Tree Assessment July 1, 2015
Qualifications, Assumptions, and Limiting Conditions
Any legal description provided to the consultant is assumed to be correct. Any titles or
ownership of properties are assumed to be good and marketable. All property is appraised or
evaluated as though free and clear, under responsible ownership and competent management.
All property is presumed to be in conformance with applicable codes, ordinances, statutes, or
other regulations.
Care has been taken to obtain information from reliable sources. However, the consultant cannot
be responsible for the accuracy of information provided by others.
The consultant shall not be required to give testimony or attend meetings, hearings, conferences,
mediations, arbitration, or trials by reason of this report unless subsequent contractual
arrangements are made, including payment of an additional fee for such services.
This report and any appraisal value expressed herein represent the opinion of the consultant, and
the consultant's fee is not contingent upon the reporting of a specified appraisal value, a
stipulated result, or the occurrence of a subsequent event.
Sketches, drawings, and photographs in this report are intended for use as visual aids, are not
necessarily to scale, and should not be construed as engineering or architectural reports or
surveys. The reproduction of information generated by architects, engineers, or other consultants
on any sketches, drawings, or photographs is only for coordination and ease of reference.
Inclusion of said information with any drawings or other documents does not constitute a
representation as to the sufficiency or accuracy of said information.
Unless otherwise expressed: a)this report covers only examined items and their condition at the
time of inspection; and b) the inspection is limited to visual examination of accessible items
without dissection, excavation, probing, or coring. There is no warranty or guarantee, expressed
or implied, that structural problems or deficiencies of plants or property may not arise in the
future.
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018
831.331.8982- rick@monarcharborist.com Page 11 of 12
10501 Florence Drive, Cupertino Oak Tree Assessment Juty 1, 2015
Certification of Performance
I Richard Gessner, Certify:
That I have personally inspected the tree(s) and/or the properiy referred to in this report, and
have stated my findings accurately. The e�ent of the evaluation and/or appraisal is stated in the
attached report and Terms of Assignment;
That I have no current or prospective interest in the vegetation or the property that is the subject
of this report, and I have no personal interest or bias with respect to the parties involved;
That the analysis, opinions and conclusions stated herein are my own;
That my analysis, opinions, and conclusions were developed and this report has been prepared
according to commonly accepted Arboricultural practices;
That no one provided significant professional assistance to the consultant, except as indicated
within the report.
That my compensation is not contingent upon the reporting of a predetermined conclusion that
favors the cause of the client or any other party, nor upon the results of the assessment, the
attainment of stipulated results, or the occurrence of any other subsequent events;
I further certify that I am a Registered Consulting Arborist� with the American Society of
Consulting Arborists, and that I acknowledge, accept and adhere to the ASCA Standards of
Professional Practice. I am an International Society of Arboriculture Board Certified Master
Arborist� and Tree Risk Assessor Qualified. I have been involved with the practice of
Arboriculture and the care and study of trees since 1998.
Richard J. Gessner � � � �
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ASCA Registered Consulting Arborist� #496 ��„
ISA Board Certified Master Arborist�WE-4341 B �
ISA Tree Risk Assessor Qualified
Copyright
�Copyright 2015,Monarch Consulting Arborists LLC. Other than specific exception granted for copies made by
the client for the express uses stated in this report,no parts of this publication may be reproduced,stored in a
retrieval system,or transmitted in any form or by any means,electronic,mechanical,recording,or otherwise without
the express,written permission of the author.
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018
831.331.8982- rick@monarcharborist.com Page 12 of 12
Eschelbeck Home: 10501 Florence Drive
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July 1,2015
Florence Drive �
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