969 Cherrystone Dr - Staff Report & Exhibits 1-6.. ~ TOWN OF LOS GATOS ~ PLANNING COMMISSION STAFF REPORT ~ Meeting Date: February 10, 2016
ITEM NO: 2
~'qs ·~;~,l)~
PREPARED BY: Jennifer Armer
Associate Planner
ja m1 er@ los gatosca.gov
APPLICATION NO.: Tree Removal Permit Application T15-215
LOCATION: 969 Cherrystone Drive (north side of Cherrystone Drive across
from the intersection with Cherrystone Court)
APPLICANT/ APPELLANT/
PROPERTY OWNER: Henry E. Otto
CONTACT PERSON: Henry E. Otto
APPLICATION SUMMARY: Appeal of a decision to deny a Tree Removal Permit on property
zoned R-1 :8. APN 529-29-030.
RECOMMENDATION:
PROJECT DATA:
CEQA:
Deny the appeal.
General Plan Designation: Low Density Residential 0-5 units/acre
Zoning Designation: R-1 :8 -Single Family Residential
Applicable Plans & Standards: None
Parcel Size: 8,000 square feet
Surrounding Area:
I Existing Land Use j General Plan ! Zoning
--No rtli--I·-R:esidenti-~r -·----------p:.-o;-bensii;;--ResTde-I1ii-~1~r··R:·I-:8 ____ _
: ' Prezone
__ E._a_s_t ---;.1-R_e_s-id-e-nt_i_a_l ____ j Low Density Re-sidential i R-1 :8
---····---·--·--·-·-,---·----···--·-·-·-·--·-·---·---·--····-·---·-·--·-·····---·--·--·---·-----·--·--··--············--·--·--·--------·--·1·-······························-·--·--
South I Residential I Low Densitv Residential i R-1 :8 ·-·-········-·-··-········J.----··-----·-·············-·-·-----··········--·-············--·--·---~-·------·----···"-·-····--··········--·--·-···-----·-·-··-----·-· ·--·····-·-·····--
West I Residential ! Low Density Residential I R -1:8
The project is Categorically Exempt pursuant to the adopted
Guidelines for the Implementation of the California
Environmental Quality Act, Section 15304: Minor Alterations of
Land.
Planning Commission Staff Report-Page 2
969 Cherrystone Drive/T15-215
February 10, 2016
FINDINGS:
STANDARDS OF
REVIEW:
ACTION:
EXHIBITS:
BACKGROUND:
• As required by the adopted Guidelines for the
Implementation of the California Environmental Quality Act
this project is Categorically Exempt, Section 15304: Minor
Alterations of Land.
• As required by Section 29.10.0992 of the Town Code for a
tree removal permit.
• As required by Section 29.10.0990 of the Town Code for a
tree removal permit.
The decision of the Planning Commission is final unless
appealed within ten days .
1. Location Map
2. Findings and Standards (three pages)
3. Recommended Conditions of Approval (one page)
4. Tree Removal Application (one page)
5. Appeal Letter, received November 19,2015 (twelve pages)
6 . Town Consulting Arborist report, dated December 16 ,2015
(eight pages)
On October 2, 2015, the Parks and Public Works Department (PPW) received a Tree Removal
Application to remove one Redwood tree (Exhibit 4). The Redwood has a 44-inch trunk
diameter. The property owner requested the removal of the trees based on a concern of potential
water drainage damage, underground gas pipes and electric damage, and the tree 's size and
location so close to the existing residences. The Town's Arborist in PPW conducted an
inspection, found the trees to be healthy and the damage minimal, and denied the permit on
November 11 , 2015.
The property owner appealed the decision on November 19,2015 (Exhibit 5). As required ,
along with the appeal, the property owner provided a report by a licensed arborist (Exhibit 5).
The report provides the applicant's justification for the removal ofthe Redwood tree.
. The property owner requested removal of this tree two previous times (2006 and 2014) and was
denied both times.
Planning Commission Staff Report -Page 3
969 Cherrystone Drive/Tl5-215
February 10,2016
ANALYSIS:
A. Findings and Standards ofReview
The required findings for a Tree Removal Permit are set forth in Town Code Section
29.10.0992 (Exhibit 2).
The standards of review for a Tree Removal Permit are set forth in Town Code Section
29.10.0990 (Exhibit 2).
The Town 's consulting arborist conducted a site visit and prepared a report with
recommendations (Exhibit 6). The tree is reported to be healthy and the pavement damage
is minor with mitigation possible. The report (Exhibit 6) provided the following
options/recommendations:
1. Recommend carefully removing the pavement on the 967 Cherrystone Drive property
between the driveway, garage and gate/fence and install individual stepping stones on
top of existing grade. The remaining area not covered by the stepping stones could
then be covered with a few inches of organic mulch (wood or bark chips).
2. Recommends against installing the root barrier as discussed in the applicant's
December 2, 2014 arborist report.
3. Owner could contact PG&E and/or other utilities for evaluation if they are concerned
about potential damage to underground utilities, but a recommendation for removal of
the tree is unlikely.
SUMMARY AND RECOMMENDATION :
A. Summary
Staff recommends the appeal be denied in that the redwood tree appears healthy and the
pavement damage minor with mitigation possible. Staff recommends the property owner
(and their neighbor) consider follow the pavement removal recommendations of the
Town 's consulting arborist.
B. Recommendation
Uphold the denial of the tree removal permit and deny the appeal.
Planning Commission Staff Report-Page 4
969 Cherrystone Driveff15-215
February 10,2016
ALTERNATIVES:
Alternatively, the Commission can:
1. Make the required findings and grant the tree removal permit appeal subject to the
required canopy replacement; or
2. Continue the matter to a date certain with specific direction.
ENVIRONMENTAL REVIEW:
The project is Categorically Exempt according to the adopted Guidelines for the Implementation
of California Environmental Quality Act, Section 15304: Minor Alterations of Land.
COORDINATION:
Planning staff coordinated with the Parks and Public Works Department.
~1CD'----
~lnn ~r:: :~er, AICP
Associate Planner
JSP :JA :sr
/
Approved by:
Joel Paulson , AICP
Interim Director of Community
Development
cc: Henry E. Otto, 969 Cherrystone Drive, Los Gatos CA 95032
Debbie Ellis, P.O. Box 3714, Saratoga, CA 95070
Matt Morley, Director of Parks & Public Works
Rob Kass , Project Manager
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969 Cherrystone Drive
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REQUIRED FINDINGS FOR:
February 10. 2016
969 Cherrystone Drive
Tree Removal Permit T15-215
Appeal of a decision to deny a Tree Removal Permit on property zoned R-1:8. APN 529-
29-030.
PROPERTY OWNER/APPLICANT/APPELLANT: Henry E. Otto
FINDINGS AND STANDARDS
Required finding for CEQA:
• The project is Categorically Exempt according to the adopted Guidelines for the
Implementation of California Environmental Quality Act, Section 15304: Minor Alterations
of Land.
Required findings for a Tree Removal Application:
• As required by Section 29.10.0992 of the Town Code for granting approval of a Tree
Removal Application:
The Director, Director's designee, or deciding body shall approve a protected tree removal
permit, severe pruning p ermit, or pruning permit for Heritage trees or large protected trees
only after making at least one (1) of the following findings:
(1) The tree is dead, severely disea sed, decayed or disfigured to such an extent that the tree
is unable to recover or return to a healthy and structurally sound condition.
(2) The tree has a tree risk rating of Extreme or High on the ISA Tree Risk Rating Matrix
as set forth in the ISA Tree Ri sk Assessment Best Management Practices, or successor
publication.
(3) The tree is crowding other protected trees to the extent that removal or severe pruning
is necessary to ensure the long-term viability of adjacent and more significant trees.
( 4) The retention of the tree restricts the economic enjoyment of the property or creates an
unusual hardship for the property owner by severely limiting the u se of the property in
a manner not typically experienced by owners of s imilarly si tuated properties, and the
applicant has demonstrated to the satisfaction of the Director or deciding body that
there are no reasonable alternatives to preserve the tree.
(5) The tree has, or will imminently, interfere with utility services where such interference
cannot be controlled or remedied through reasonable modification, relocation or repair
of the utilit y service or th e pruning of the root or branch structure of the tree; or where
removal or pruning is required by a public utility to comply with California Public
,.EAHJ.lHT 2
969 Cherrystone Drive/T-15-215
February 10,2016
Page 2 of3
Utility Commission (CPUC) or Federal Energy Regulatory Commission (FERC) rules
or regulations.
(6) The tree has caused or may imminently cause significant damage to an existing
structure that cannot be controlled or remedied through reasonable modification of the
root or branch structure of the tree.
(7) Except for properties within the hillsides , the retention of the protected tree would
result in reduction of the otherwise-permissible building envelope by more than twenty-
five (25) percent.
(8) The removal of the tree is unavoidable due to restricted access to the property.
(9) The removal of the tree is necessary to repair a geologic hazard.
(10) The removal of the tree and replacement with a more appropriate tree species will
enhance the Town's urban forest.
Required standards of review for a Tree Removal Application:
• As required by Section 29.10.0990 of the Town Code for granting approval of a Tree
Removal Application:
The Director or deciding body shall review each application for a tree removal permit
required by this division using the following standards of review . The standards of review are
intended to serve as criteria for evaluating tree removal requests and the basis upon which the
Director or the deciding body will subsequently determine whether or not one (1) or more of
the Required Findings listed in section 29.10.0992 can be made.
( 1) The condition of the tree or trees with respect to: (a) disease, (b) imminent danger of
falling, (c) structural failure, (d) proximity to existing or proposed structures, (e)
structural damage to a building, or (f) a public nuisance caused by a tree. The
International Society of Arboriculture (I SA) Best Management Practices for Tree Risk
Assessment shall be used where appropriate in determining a Tree Risk Rating.
(2) The condition of the tree giving rise to the permit application cannot be reduced to a
less than significant level by the reasonable application of preservation, preventative
measures or routine maintenance.
(3) The removal of the tree(s) will not result in a density of trees or tree cover that is
inconsistent with the neighborhood.
( 4) The number of trees the particular parcel can adequately support according to good
urban forestry practices, or whether a protected tree is a detriment to or crowding
another protected tree.
969 Cherrystone Drive/T-15-215
February 10 ,2016
Page 3 of3
(5) In connection with a proposed subdivision of land into two (2) or more parcels, the
removal of a protected tree is unavoidable due to restricted access to the property or
deemed necessary to repair a geologic hazard (landslide, repairs , etc.).
(6) Except for properties located within the hillsides, the retention of a protected tree would
result in reduction of the otherwise-permissible building envelope by more than twenty-
five (25) percent.
(7) The Hillside Development Standards and Guidelines.
(8) Removal of the protected tree(s) will not result in a substantial adverse change in the
site's aesthetic and biological significance; the topography of the land and the effect of
the removal of the tree on eros ion, soil retention, or diversion or increased flow of
surface waters.
(9) Whether the Protected Tree has a significant impact on the property. Significant impact
from a tree is defined in section 29 .10.0955. Definitions.
(10) The species, size (diameter, canopy, height), estimated age and location on the property
of the protected tree.
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CONDITIONS OF APPROVAL-February 10, 2016
969 Cherrystone Drive
Tree Removal Permit T15-215
Appeal of a decision by the Director of Community Development denying a Tree Removal
Permit on property zoned R-1:8. APN 529-29-030.
PROPERTY OWNER/APPLICANT/APPELLANT: Henry E. Otto
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the
conditions of approval listed below.
2. EXPIRATION: The Tree Removal Application approval will expire two years from the
approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has
been vested.
3. REPLACEMENT TREES: Replacement trees shall be planted for trees being removed.
The number and size of new trees shall be determined by the Town Arborist using the
canopy replacement table in the Town's Tree Protection Ordinance . Required trees shall
be planted within 60 days of tree removal.
4 . TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
5. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside , or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
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~-__ T_o_WN,_, _o_F_L_o_s_G_A_T_o_s ___ l'
APPLICATION FOR TREE REMOVAL AND/OR PRUNING PERMIT
P ARKS & PUBUC WORK~
SERVJCE CENTER
41 MILES AVENUE
Los G ATOS, CA 9503(]
(408) 399-577(]
pose of Application (check all that apply): 0Protected Tree Removal 0 Protected Tree Pruning (more than 25°/e In a 3 year period)
0 Heritage or L arge P rotected Tree Removal 0 Heritage or Large Protected Tree PrUDiog
0 Check here if removal or pruning is In compHance with an approved development application and attach tree report.
Name of CDD Planner: Project Application#: Date of Approval : ---------
~ 0 Check here if removal or pruning deviates In some way from an approved ~evelopment application (describe on separate sheet if needed)
0 Check here If property is located within the designated Town of Los Gatos IDUside Area (See FAQ sheet for additional provisions)
Property Owner Name:
Property Location! Address
Mailing Address (if different from above)
Applicant Name (if different from above)
1/E&ty--~ ~ -. Phone: -,,~~t~1--'6~""--LP~qL-iij"--'-''I"V~~--:~:--~-~-~=--i+-i~--;2.=-Email :
Phone: --------------------------------~
I hereby certify that I am the owner of record of the property describe d above, and that I approve of the action (s) requested herein. I also
hereby grant the Town or the Town 's agent permission to visit the property to inspect the tree(s) that are covered by this application.
Property Owner's Signature (required): __ )---=-~--+-£ __ ·d!f> __________ _
)
Date:
Tree Canopy
# Species Diameter Size
I 1!,_,/ u/OLJ cL. ~6 /;' tu'-L!J
Notes:
Tree numbers should match those in arborist report where applicable
Diameter is measured at a height of 4 .5' above the average grade
Canopy measurement is the widest dimension of the canopy spread
Replacement Trees are not required if the tree being removed is dead or
has a Tree Risk Rating of Extreme or High
Fee is $130 for first tree, 'and $65 for ead!·~ditioo!!I tree
Proposed ·
I
Action Reason for Request
~,,..~\/£ s,...P. ;tH;;,.J;p,j'
:
Total Permit Fees
•••For Office Use Onl •••
Application Number: iJ-..5-.J-I~---=--=--::~
Payment Received: I DJZ.J IS W~I-8Cf0 [TREEREM]
Check Number: Cf 7 r ~ •
Credit Card Auth.-.-'-: -=....;....:..>..'-'-"------/--7"",...'-
Inspectio n Date//-~ Approved~ Denied~
D Check here to request a 180 extension for replacement tree replanting due t o the current California Drought Declaration.
Fee
1'30
JVO
D Check here if replacement trees cannot be reasonabl y replanted on site and payment of an in-lieu fee Is requested. Town arb9rlst approval
is required for all In lieu fee payment ontions. See reverse for more info,.,Gtion on repl4cement requirements.
AuDITIONAL SUBMITTAL REQUIREMENTS: · ·
ffi'Photos and/or site plan of tree(s) proposed for removal or pruning. For pruning, proposed cuts should be indicated on photo.
~Completed Tree Replacement Worksheet. See reverse for replacement tree requirements and worksheet.
L!J Fee payment made using cash, check or credit card (VISA/MasterCard only).
0 Stamped and addressed envelopes for noticing (Heritage and Large Protected Tree Permits Only). See attached FAQsfor guidelines .
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TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTM
110 E. Main Street
Los Gatos, CA 95030
APPEAL OF TREE REMOVAL OR PRUNING PERM
PLEASE TYPE or PRINT NEATLY
I , the undersigned , do hereby appeal a decision of the Town of Los Gatos regarding the following tree removal or
pruning permit:
DATE OF DECISION: 11/11 Its
T/
APPLICATION NUMBER:
LOCATION:
TJ~-2.15
Cfb 9 eheY7shne-7J r,
Loz G!trt?SJ CA q. t;P3:2.
RECEIVED
NOV 19 2015
TOWN OF LOS GATOS
PLANNING DIVISION
LIST REASONS WHY THE APPEAL SHOULD BE GRANTED
(If more space is needed, attach additional sheets.)
'-See dii4mef11:Z
IMPORTANT:
I . APPEAL MUST BE FILED WITHIN TEN (I 0) DAYS AFTER THE DATE OF MAILING OF WRITTEN
NOTIFICATION OF THE DECISION. (Notification mailed November 11, 2015)
2. THE APPEAL SHALL BE SET FOR THE FIRST REGULAR MEETING OF THE PLANNING
COMMISSION WHICH THE BUSINESS OF THE PLANNING COMMISSION WILL PERMIT, MORE
THAN FIVE (5) DAYS AFTER THE DATE OF THE FILING OF THE APPEAL. THE PLANNING
COMMISSION MAY HEAR THE MATTER ANEW AND RENDER A NEW DECISION IN THE MATTER.
3. YOU WILL BE NOTIFIED, IN WRITING, OF THE APPEAL DATE.
4 . YOUWILLBECONTACTEDBYTHEPROJECTPLANNERIFADDITIONALMATERIALISREQUIRED
TO BE SUBMITTED FOR THE PUBLIC HEARING.
RETURN APPEAL FORM TO COMMUNITY DEVELOPMENT DEPARTMENT
PRINT NAME !feN~ E~ Orro SIGNATURE · :/a_. 1 2:.co:=
DATE ADDRESS 96 q e*RKjS"totJ€ D"R It/ IE-
I ' PHONE 'f-08/ 356-5378 Los GAro5 ... CA 9.503?-
••*******************************************************************************************
OFFICE USE ONLY
DATE OF PLANNING COMMISSION HEARING:
COMMISSION ACTION: I .
2.
3.
DATE:---------
DATE:---------
--~~;=~~====~==~DATE : ________________ _
~PEAL $ 74 .00~
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TREE REMOVAL PERMIT APPEAL
Henry Otto
969 Cherrystone Drive
Los Gatos, CA
Request for tree removal permit was denied on 11/11/15 for the reason that "damage is
minimal and can be mitigated."
Attached arborist report indicates that mitigating future damage to the underground
utility lines with a root barrier would not be effective. Utility lines are within the tree's
critical root zone, and cutting roots and installing a barrier at this close distance will
compromise the stability of the tree.
In 2006, after the initial tree removal permit was denied, the tree was dramatically
pruned instead to look like a telephone pole. However, the tree continued to grow and
has caused additional damage to landscaping, fence gate, and the neighbor's drainage
system.
There are several significant trees in the neighborhood to maintain the urban forest after
this tree is removed.
This tree is a liability to the homeowner and the neighboring property and · should be
removed .
t
I
~
I
I
TOWN OF LOS GATOS
TREE REMOVAL AND/OR PRUNING PERMIT
PARKS & P UBLIC WoJU
SERVICE CENTI
41 MILES A VENl
Los GATOS) CA 9503
(408) 399-577
AppHcation Number: T15-215 Approved: __ PermJt Number: TlS-215 Expires:-------=--
Permit for (check aU that apply):
Property Owner Name:
Property Location/ Address
181 Protected Tree Removal 0 Protected Tree Prunln1 (more than 25% In a 3 year period)
0 Heritage or Large Protected Tree Removal 0 Heritage or Larte Protected Tree Pruning
Henry E. Otto Phone : _9:;.;;6~9;;;;Ch..:..,.:;:erry~~sto~n-e-Dri---,-.v-e-, Lo,...-s-G-a-to_s_, _C_A_9_5_0_3_2 ___ Email: 408-356-5378
Mailing Address (if different from above)
Applicant Name (if different from above) ------~---~~~~=------------Phone:
Tree Required
# Approved FfndfnJE(S) Denied Reason for Denial ReptaceEOentRequireEBent
I Y-<..J ~ ..,_ ~.-< ~,__./1/,v. ff
~ A ....... ~,~ /~
.A7 ', -.m;__ /_ ~ J':L.-L. .._ , ~
...~~·~~/~ ~ .... fj,J__, v
--
T otal In Lieu Fees
0 Approved 180 day extension to-~----for replacement tree replandng.
In Lieu
Fee
pj ,.
0 All or some of the required replacement trees cannot be reasonably replanted on site and payment of the ln-Heu fee as Indicated above has
been approved. PermJt will not be issued undl allln-Ueo fees are paid In full.
Genenl Permit Condldons
1. Notify the Town of Los Gatos Parks and Public Worlcs Department at 408-399-5770 48 hours before work begins .
l. All underground utilities shall be located and protected from damage due to removal, stump grinding, or root pruning activities. Contact
Undergroun_d Service Alert (USA) by dlaHn1 811 or 800-227-2600 or online at www.UIUOI'tb.erg at least 48 hours before tree removal
aetlvldes.
3. Inspect all trees prior to removal or major pnming for active bird nests, particularly during the spring/summer nesting season. Damaging or
removing active nests, eggs or young birds may be a violation of State or Federal Jaw. Consider rescheduling work if active nests are present.
4. The use of gas-powered leaf blowers is prohibited in the Town of Los Gatos. Use of electric powered leaf blowers is permitted.
5. Approved pedestrian and vehicular traffic control shall be used and maintained at all times. Depending on the location of the work, time of day,
and the required equipment, an encroachment permit ma.y be required.
6. All contractors performing tree work in the Town of Los Gatos are required to have a Town Business License. Contractors performing work
valued at more than $500 must also bold a current, valid license from the Contractors State License Board (CSLB).
7. The permit must be posted on site at all times while tree removal or pruning is taking place.
8. Permit holder is required to submit photographs of replacematt trees along with replanting date to the Town of Los Gatos Parks and Public
Works Department prior to pamit expiration or n:placement tree replanting extension date. .
~~~
\ Rob Moulden, Town Arborist
//-LI-L.f
Date Revised July 23,2015
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G g To l all the details that are visible on the
screen, use the "Prinf' link next to the map.
BAY AREA TREE SPECIALISTS
--·----·---·--------------------
PREPARED FOR:
Henry Otto
969 Cherrystone Dr.
Los Gatos, CA 95032
DECEMBER 2ND, 2014
PREPARED BY:
LARRY VAN GRONINGEN, CERTIFIED ARBORIST
CERTIFIED ARBORIST NO. WE-9151A
541 W . CAPITOL EXPWY #287
SAN JOSE, CA 95136
408-836 -9147-OFFICE
408 -728-7598-FAX
IB A y A R E '\ T R L E s p E c I A L s T s @ E A R T I I L I N K . N E T I
WWW. BAY ARE AT R E ESPECIAL IS T S. C 0 M
ARBORIST PLAN REVIEW
----·-·------··------
SUMMARY
I, Latty Van Groningen, Certified Arborist No. WE-9151A was called out to observe the health and
give recommendations for one Redwood.
TREE#l SEQUOIA SEMPERVIRENS
DBH:44"
Live Crown Ratio: 80%
Height: 90'
Crown Spread: 40'
Health: Good
Structure: Good
Distance from structure: 9' from neighboring home
History:
Henry Otto, owner of 969 Cherrystone Dr. Los Gatos was denied a removal permit for the tree indicated
in this report List below was presented to the Town of Los Gatos as concerns of the homeowner and also
grounds to remove Redwood Tree.
1. Water Drainage Damage
2. Underground Gas Pipes and Electric Damage
3. Location and Size ·
Observation:
From my visual observation I found the following information.
Tree roots have damaged water drainage and concrete along home and neighboring home.
French drain system is unable to operate properly due to roots continually disrupting the system.
Underground gas pipes and electric are located within 9' of the tree trunk. Tree's roots are located closer to
utilities. In order to get an exact location of roots, a tree root excavation would need to be performed. The
root system of Redwoods is composed of shallow, wide-spreading lateral roots and can extend up to 50' in
each direction.
A tree of this magnitude will no doubt have roots growing within the location of utilities.
Trees planted too close to a pipeline can cause several potential safety-related problems. Roots follow the
path of least resistance and grow easily in the less compact soils that typically surround a buried pipeline.
As roots continue to grow around the pipeline, they can damage the protective coating on the pipe. The
protective coating helps to minimize corrosion on the pipeline.
As the trees and roots grow larger the risk to the pipeline increases.
2
Root Pruning:
One of the most common options to deter roots from damaging underground utilities or structures is to
install root barrier. Root barrier is a device designed to direct root growth.
In order to install the root barrier a significant amount of roots would need to be cut. The cutting of roots
would need to be outside of the critical root zone.
Critical Root Zone:
CRZ is the area of soil around the trunk of the tree where roots are located that provide stability and
uptake of water and nutrients requited for tree survival. The CRZ is the minimum distance from the trunk
that trenching or root cutting can occur. The CRZ is defined by the trunk diameter as a distance of three
times the DBH in feet, and preferably five times. (Smiley, Fraedrich and Hendrickson, 2007)
Redwood Tree is 44" in diameter, which puts the distance to cut roots and install root barrier at a minimum
ofll' away.
Installing root barrier at this distance is impossible and would not be effective due to utility lines being 9 '
away.
I do not recommend cutting roots and installing root barrier at a closer distance. The loss of roots would
compromise the trees stability considerably.
Location and Size:
The tree is located in a v ery poor location between two homes. Overall the tree has outgrown the area in
which it was planted and has become a liability to the homeowner and neighboring property. Unfortunately
this tree species will only grow larger and cause further damage to the property.
Recommendation:
I recommend the tree be removed and replaced with a smaller variety that is more suitable for the location.
3
4
5
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Deborah Ellis, MS
Consulting Arborist & Horticulturist
Service si11 ce 1 984
Jennifer Armer
Community Development Department, Town of Los Gatos
11 0 E. Main Street
Los Gatos, CA 95031
December 16,2015
969 Cherrystone Drive, Review of appeal of denied tree removal permit
(for a large coast redwood tree In front yard)
967
The subJect coast redwood tree at
969 Cherrystone Drive . Photo
taken across the street to the
south.
Dear Jennifer:
The redwood tree photographed from 967 Cherrystone to the south.
Arrows point to pavement damage at 967. Moving farther from the
trunk of the tree th1s pavement damage may or may not be caused
wholly or partly by the roots of the redwood tree .
I visited 996 Cherrystone and evaluated the subject coast redwood tree and associated pavement
damage on December 11, 2015 . All photos in this report were taken by me on that same date. Prior
to my visit I reviewed the related documents you se nt to me that are listed on page 8.
In my opinion the redwood tree is in good condition but the roots of this tree are causing some
pavement damage. Most of the damage appears to be minor. Concerns have been raised about
nearby underground utilities (a gas meter and some other unidentified pipes entering the pavement
at neighboring house corner 967 Cherrystone) approximately 12 feet from the base of the trunk of
the redwood . I have talked to PG&E about similar concerns several times and in my experience
PO Box 3714 , Saratoga, CA 95070. 408-725-135 7. decah@pacbe ll.net. http://www .decah.com .
969 Cherrys tone Arborist Report. Decem ber 16 , 2015. Page 1 of 8
I XH l BIT 6
Deborah E llis , MS
Consulting Arborist & Horticulturist
Service since 1984
they have never recommended removal of the tree, removal of roots or other measures to prevent
damage to their pipes due to tree roots. I have seen trees removed (due to fear and desire of the
owner and not PG&E) due to real or perceived threat of gas pipe damage by tree roots , however.
And in my opinion whenever tree roots are nearby, I suppose that is always possible that they could
damage pipes in some manner, so I will not rule this out as impossible. Therefore the tree owner and
the neighbor at 967 Cherrystone may want to contact PG&E directly and have PG&E assess this
situation . The other unidentified pipes entering the pavement from near the bottom of the 967
garage wall (see photo on page 3) seem odd to me. I am not used to seeing pipes directly
entering pavement in this manner. If the tree owner and/or the neighbor at 967 Cherrystone are
concerned about these pipes, then they should also contact whatever utility is involved (e.g . water,
sanitation) so that the utility may send someone out to perform their own inspection and provide
their opinion.
The photo above was taken from the 969 property looking toward 967. The large arrow points to the
gas meter for 967, which is about 12 feet from the base of the tree. Small arrows point to cracks in
the concrete mow strip at 969. In my opinion these cracks are minor and the mow strip could simply
be removed . A roof downspout at 969 is circled because water concentrates in this area which will
encourage root growth here. The downspout could be rerouted so that is does not em it water here.
PO Box 3714, Saratoga, CA 95070 . 408-725-1357. decah@pacbel l.ne t . http:/ /www .decah.com .
969 Cherrystone Arborist Report . December 16 , 2015 . Page 2 of 8
Deborah Ellis, MS
Consulting Arborist & Horticulturist
S ervice si11 ce 19 84
The photo above shows a close-up of the corner of the 967 garage. The large arrow points to the gas
meter and pipe , which enters the pavement directly . The smaller arrows point to un identified pipes . It
seems that the pavement was poured directly around these pipes . Is this allowed?
The dotted line shows a faint crack in the pavement wh1ch grows slightly wider as it approaches a drain
grate (circled). It appears that this pavement was poured with a depression (a very slight swale) in
order to direct drainage water toward the drain grate. The depressed portion is probably thinner than
the surrounding pavement , which may have caused it to crack with normal soil swelling and shrinkage.
The roots of the redwood tree may or may not be involved 1n this crack, but this crack would probably
have occurred even if the tree were not present.
PO Box 3714 , Sar at oga , CA 95070. 408-725-1357. decah@pac be ll.net . http://www .decah.com.
969 Cherrystone Arborist Repo r t . De cember 16 , 2015. Page 3 of 8
Deborah Ellis, MS
Consulting Arborist & Horticulturist
Service si11 ce 1984
In my opinion it would be best to carefully remove the pavement at 967 between the driveway.
garage and gate/fence and install individual stepping stones on top of existing grade. The
entrance of the pipes at the garage into the soil will then be exposed (which I think it should be)
and any obvious redwood tree roots would be exposed and assessed . Careful exploratory
excavation by hand or with pressurized air to reveal redwood tree roots could then occur.
It may then be possible to carefully hand grade the ground surface to facilitate drainage. In any
case however. bare soil absorbs more water than concrete pavement. The remaining area not
covered by the stepping stones could then be covered with a few inches of organic mulch (wood
or bark chips).
The photo above shows a corner of the pavement between the 96 7 driveway . garage and fence . The
lawn at 969 is in the background. The root collar of the redwood tree is lifting the pavement and
brick edging. This pavement was placed close to the trunk of the tree, so it is not surprising that th is
has happened .
PO Bo x 3714 , Saratoga, CA 95070. 408-725-13 57. decah@pacbell.net. ht tp://www .decah .com .
969 Cherrystone Arborist Report. December 16 , 2015. Page 4 of 8
Deborah Ellis, MS
Consulting Arborist & Horticulturist
Service si11 ce 1984
The use of a root barrier to prevent further root damage was discussed in the December 2, 2014
arborist report about this redwood tree. The arborist in this report does not recommend installing a
root barrier because the barrier would have to be installed very close to the trunk. The necessary
cutting of roots required to install the barrier could destabilize the tree . I agree with this finding .
The photo above shows the driveway at 96 7 Cherrystone Drive . I have placed a white dot on the trunk
of the redwood tree. I have circled cracks in the 96 7 driveway . Note the position of these cracks
relative to the shape of the driveway and the position of the two e x pansion joints that straddle the
driveway . Arrows point to the e x pansion joints. These cracks are most likely caused by the la c k of
sufficient e x pansion joints and normal soil e x pansion and shrinkage. Concrete tends to crack in a s quare
pattern. Add1t1ona l e x pans ion JOint S perpendi c ula r to the two e x isting JOintS , placed in the center of
the driveway wou ld have probably prevented these c racks . This driveway would probably have crac ked
in this manner whether or not the redwood t r ee was present. The dr1veway also slopes down toward
the hou s e and there is puddling near the gar age (upper right arrow). Frequent moisture in this area
(which seeps through cr acks in the pavement) will encourage tree root growth.
PO Box 3714 , Saratoga, CA 95070 . 408-725-1357. decah@pa c bell.net. http:/ /www .decah.com .
969 Cherrystone Arborist Report. Decembe r 16 , 2015 . Page 5 of 8
Deborah Ellis, MS
C onsulti ng A rborlst & Horticultu ri st
S ervice since 1984
This photo is taken from the 969 property looking toward Cherrystone Drive to the southwest. 967
Cherrystone Dr ive is at r ight. The arrow points to a southern magnolia street tree (one of two of these
trees) planted in front of 969 Cherrystone. The tree in the photo is about 20 feet from the subject
redwood tree. Note the pavement lifting around the magnolia. Most of this pavement damage is
probably caused by the roots of the magnol ia tree although (bel ieve it or not) roots of the ivy grow1ng
around the tree may also be responsible . It is possible that roots of the redwood tree may be involved ,
but this is less likely .
PO Box 3714 , Saratoga, CA 95070. 408-725-1357. decah@pacbe ll.net . http:/ /www .decah .com .
969 Cherrystone Arborist Report . December 16 , 2015 . Page 6 of 8
Deborah Ellis, MS
Consulting Arborist & Horticulturist
Service si11 ce 1984
Conclusion:
The redwood tree was planted v ery close to both the 969 and 967 homes; really too close for a
large-growing tree species such as this . Pa vement damage caused by the roots of this tree can be
expected to increase in the future , although the damage that is present now seems m inor and
could either be removed or repaired without damaging tree roots . As for the underground utilities,
the tree owner and the neighbor at 967 Cherrystone should contact PG&E and other appropriate
utilities for their own assessment and opinion.
Tree Data:
Species: Sequoia sempervirens
Common Name: coast redwood
Trunk diameter (at 4 .5 feet above the ground): 43.9 inches
Tree s ize (height x canopy spread, estimated): 60-65 feet x 25-30 feet
Condjtjonl :
Vigor: 80 (Good)
Structure: 80 (Good)
Action : Debatable
Reason : nearness to 967 and 969 homes and pavement
Notes: the only structural defect in this tree is a minor one -a co-dominant leadef2 high in the canopy, at
about 50 feet above the ground. Right now both members are relatively small in diameter. If the tree will
remain then a qualified tree service can remove one of the leaders to prevent a potential breakage in the
future.
1 Tree Condition: 100 is Excellent(an A' academic grade), 80 is Good (B), 60 is Fair (C), 40 is Poor (D), 20 is
Unacceptable (F) and 0 is Dead
2 Co-dominant leader : refers to two leaders, the primary termina l shoot or trunk of a tree, which arise at the same point
and is about t he same diameter. This is an undes irable structural defect that is a weak poin t in the tree . Co-dominant
stems typically lack t he overlapping tissue present in a branch or trunk collar, which may be why trees with this defect
split so easily . Included ba rk between members also reduces t he strength of the union . For many tree species (including
coast redwoods) it is best from a structural stability standpoint that there be a single , dominant leader. Co -dominant
leaders can often be corrected (o ne leader removed) when t rees are young. When t rees are older it is often better to
subdue the smaller or more undesirabl e member by reducing the length of and/or thinning the terminal half of the foliage
by 25% to slow its growth and ult ima t e size relative to t he other member, rather than crea te a large wound by removing
one of the members. Large wounds are much more subject to decay t han are smaller wounds and there is no natural
deca barrier between the members.
PO Bo x 3714 , Saratoga, CA 95070 . 408-725-1357. decah@pac bel l.net. http:/ /www.decah .com .
969 Cherrystone Arbor ist Report . December 16 , 2015. Page 7 of 8
Deborah Ellis, MS
Co nsulting Arbo r ist & Horticu lturist
S ervice since 1984
Documents Reviewed:
• Application for Tree Removal and/or Pruning Permit. Town of Los Gatos. By Harry E. Otto. owner
of 9609 Cherrystone Drive. October 2, 2015. Approved by Rob Moulden, Los Gatos Town
Arborist. November 11. 2015.
• Tree Removal and/or Pruning Permit, Town of Los Gatos . Signed by Rob Moulden. Los Gatos City
Arborist , November 11. 2015. Marked as "Denied". Under Special Pe rmit Condition "Removal of
this tree was denied in 2006, 2014 and 20 15 ".
• Tree Removal Permit Appeal (letter) From Harry Otto. No date, no addressee.
• Report (no title) from Larry Van Groningen, Bay Area Tree Specialists, to Harry Otto. December 2,
2014.
******************************
I certify that the information contained in this report is correct to the best of my knowledge, and that
this report was prepared in good faith. Thank you for the opportunity to p rovide service again.
Please call me if you have questions or if I can be of further assistance .
Sincerely,
~UL
Deborah Ellis, MS.
Consulting Arborist &. Horticulturist
Certified Professional Horticulturist #30022
ASCA Registered Consulting Arborist #305
I.S.A. Board Certified Master Arborist WE-457B
I.S.A . Tree Risk As sessment Qualified
Please Note: the subject redwood tru that is discussed in this report received a Level 2 Basic Evaluation on
December 11, 2015. This type of evaluation is a brief visual evaluation of the tree from the ground , without
climbing into the tree or performing detailed tests such as extensive digging , boring or removing samples. The
tree is viewed by walking all around it, unless this is not possible . This type of evaluation is an initial screening
of the tree after which the evaluator may recommend that additional, more detailed examination{s) be
performed if deemed necessary. A risk evaluation was not performed on the trees. Other trees on the subject
property or neighboring properties that were not evaluated. The measures noted within this report are
designed to assist in the protection and preservation of the trus mentioned herein, should some or all of those
trees remain, and to help in their short and long term health and longevity. This is not however: a guarantee
that any of these trees may not suddenly or eventually decline, fail, or die, for whatever reason . Because there
may be hidden defects within the root system, trunk or branches of trees, it is possible that trees with no
obvious defects can be subject to failure without warning . The current state of arboricultural science does not
guarantee the accurate detection and prediction of tree defects and the risks associated with trees. There
will always be some level of r is k associated with trees, particularly large trees. It is impossible to guarantee
the safety of any tree. Trees are unpredictable .
I PO Box 3714 , Saratoga, CA 95070 . 408-725-1357. de cah@ pacbe ll.net . http://www .de cah .com. I
969 Cherrystone Arborist Report . December 16 , 2015 . Page 8 of 8