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TR-2015-64b DEPARTMENT OF COMMUNITY DEVELOPMENT J ` J� CIT'Y HALL 10300 TORRE AVENUE •CUPERT'INO,CA 95014-3255 �V P��-��N Q (408)777-3308 • FAX(408)777-3333 •planning@cu�ertino.or� December 22, 2015 Judy Hart 10066 Judy Ave - Cupertino, CA 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2015-64 This letter confums the decision of the Director of Community Development, given on December 22, 2015 approving a Tree Removal Permit to allow the removal and replacement of one 42-inch Coast Live Oak irees located in a residential zone at 10066 Judy Avenue. Staff has made the finding that the protected tree is dead or diseased and dying and cannot be controlled or remedied through reasonable relocation or modification. The proposed replacement plan is consistent with the Protected Tree Ordinance since the applicant is replacing the tree 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) (1) and (3). The application is approved with the following conditions: 1. APPROVED PROJECT � This approval is based on the arborist reports prepared by Ron Walker(#WE-8658A), dated October 24, 2015 consisting of three 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 36-inch box or two 24-inch box Coast Live Oak tree and/or one Western Sycamore for the proposed for removal, per Protected Tree Ordinance. The applicant shall provide the Departrnent of Community Development adequate documentation, including but not limited to photographs, receipts or invoices, to verify that the replacement trees have been planted within 60 days of replanting. 3. PROTECTED TREES The applicant understands that replacement trees are protected trees and may not be removed without a Tree Removal Permit and that they shall be responsible for ensuring the proper maintenance and care of the trees. 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 inay include certauz 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, aild 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 dlallengulg such exactions. Suzcerely, Adam Petersen Senior Planner (408) 777-3313 adamp@cupertino.org ' ��,e��s��r �r �A � ` ./ `,, �/ /� .f� L � TRE�S�RVICIE 1�IC. " � � � 19t60 r�NNB LA.'�IE.CUPER7Ii�f0,CA 95014 �650) 969 70'16 October 24, 2015 �"��'��L �i2-'o'�/�-�'� �c�� A��li��tion ��umb�r Mrs. Judy Hart ��_��s. 10066 Judy Avenue — :;�.�� Cupertino, CA. 95014 ��;��t�� __ � �/{ .�- � GSv� 4V1C��ICi��G�Y Re: Arborist Report / short form (�Iazard Tree Evaluation) Dear Mrs. �Iart, The following evaluation is submitted for your consideration. This report is to advise you about the status of a large tree at your residents. Attached to this report is a site map and pictu�es for your easy reference. THE TREE: The tree in question is a Coast Live Oak (Quercus agrifolia). Its approximately 125 years old and has a trunk diameter of 42-inches, measured at 4.5-feet above soil level. The txee's height is approximately 45- feet. This tree is located on the south side of your house within 4-feet of the foundation footing and touching the side perimeter fence. It has a radius to drip line of 30-feet on all sides and its target zone encompasses 2 homes, which in the field of Arboriculture, is considered an area of constant use. Attached to this report are a Site Map, a completed ISA Tree Hazard Evaluation Form, a Core Sampling Diagram and Pictures for your easy reference. THE PIZOBLEM: You contacted me, to evaluate the health and structural integrity of this laxge tree in your landscape. When I first walked up to it, I saw a shelf fungus conk growing on the trunk, appro�mately 24-inches above soil grade level. I proceeded to walk completely around the tree and noticed another conk on the direct opposite side of the trunk as the first one, at approximately 20-inches above soil grade level. During our conversation on site, you brought out a folder filled with documents of past work and consultations that you've had with Consulting 1 1�rborists since you've been here. These include professionals like my friend, Gil Mitchell (Tree Health Professionals/ Davey Tree) or even Barrie Coates (Barrie Coates & Asso.), who recommended me to you. As I read these reports, I began to see a better picture of this tree's past history. Problems like the past infection of Armellaria mella (Oak Root Fungus), where you can see evidence of this on the backside of the trunk, the bark has been excised off exposing the dead wood tissue underneath. Also, the Ganoderma conks have been a problem since you bought the house, approximately 7-years ago. In Barrie's report dated 5/22/13, he had mentioned that he thought that that Ganoderma would probably be the eventual demise of this tree. Those conks were much smaller then and I don't think he'd be surprised now. MY PROFESSIONAL OPINION: After careful examination, it was easy to diagnose that these conks are in fact `Ganoderma'. This root and heart rot fungus is a very serious fungal disease, which in this case is decaying the heartwood in the lower trunk and root-ball. This type of fungus digests the internal lignin and cellulose fibers, leaving the internal wood structure without strength. Once the pathogen advances sufficiently, especially if the decay enters into the sapwood, then strength loss can be rapid. At that point, the tree will be subject to wind throw because its core has been substantially weakened. Cross-sectional strength formulas do not work when the shell wall has been breached with decay. Actually, loads can increase at that breached point and could be the point where the failure begins. There is no way of knowing when this failure might happen because this pathogen does not significantly affect the vascular system until it's very advanced. Therefore,just because this tree has a full live crown, except for a little thinning in the top crow, doesn't mean it won't fa11 over at anytime. After considering this tree's target zone I felt it was necessary to perform core sampling of the lower trunk close to the level of the conks. This procedure would give me a better understanding of the level of risk we are dealing with. I used a 16" long, l/" dia. drill bit and made 6 holes in specific locations axound the trunk. Once finished, I felt it provided sufficient data, to recommend it for an immediate removal. The amount of decay that was discovered was substantial, to the point that I could say that this tree has become a serious hazard, where no remedial action can change the situation. If this tree were to fail, more likely than not,it would hit one or both of these homes. 2 . � �\ ��'� `,-. _� In the California Tree Failure Database (CTFD), decay is a primary factor contributing to failures. Matter of fact, decay was reported as a primary factor in 80% of all trunk failures. This tree has a weakened structure and is an imminent hazard for complete tree failure. I stronglv recommend that this tree be removed as soon as possible due to advanced heart rot fungus. After considering the tree's weight distribution and target zone, I would suggest that this be done immediately,for the reasons that I stated in this report. Before you decide to remove this tree, you will need to attain a Removal Permit, from the City of Cupertino. I'm confident that once they evaluate it, they too will not hesitate to grant the removal permit. Furthermore, if a replacement tree is required in this location, it should be � one that's known to be resistant to Oak Root Fungus. If we can be of any further assistance, please advise. Sincerely; �� Ron Walker—pres. ISA Cert. 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