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.04 Tree Removal for City Property CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: Agenda Date: Report on tree removal procedures for City property August 22, 2006 BACKGROUND: The Planning Commission requested a report on tree removal procedures for City property. There was discussion at the August 8 Planning Commission meeting regarding tree removal at Blackberry Farm, where trees were recently removed for health and safety reasons. DISCUSSION: The Heritage and Specimen Trees Ordinance provides that both private and public properties are subject to the ordinance. In the Purpose section, the ordinance states that "The City finds that the preservation of specimen and heritage trees on private and public property, and the protection of all trees during construction, is necessary for the best interests of the City and of the citizens and public thereof...." And, "Except as provided in Section 14.18.140, no person shall ... remove or cause to be removed any specimen or heritage tree as herein defined, within the City limits, without first obtaining a permit to do so in accordance with the procedure set forth in this chapter." However, there is a separate street tree ordinance, Chapter 14.12 that regulates removal of street trees, which is accomplished through the City Manager or his authorized representative. Therefore, removal of heritage or specimen trees on City property, other than street trees, is subject to the ordinance and requires permits for removal, although this has not been done in the past. In the case of the Blackberry Farm tree removal, one of the removed trees was a specimen oak tree, and a tree removal permit is being applied for. If staff can verify that the condition of the tree was unsafe, a tree removal permit will be granted at staff level. If not, the application will be forwarded to the Planning Commission. The need for a tree removal permit is acknowledged in the Initial Study I Mitigated Declaration for the Stevens Creek Corridor Park Master Plan and Restoration Plan. Thirteen specimen trees are proposed to be removed, including 10 coast live oak trees. The proposed mitigation for tree removal is: " A tree removal permit will be obtained an on file with the City of Cupertino, thus ensuring consistency." The Initial Study also comments that need for replacement trees will be determined at that time, although the 10 coast live oak ~--I Section 14.18010 14. 18.020 14.18.030 14.18.040 14.18.050 14.18.060 14.18.070 14.18.080 14.18.090 14.18.100 14.18.110 14.18.120 14.18.130 14.18.140 14.18.150 14.18.160 14.18.170 14.18.180 14.18.190 14.18.200 14.18.210 14.18.220 14.18.230 14.18.010 CHAPTER 14.18: HERITAGE AND SPECIMEN TREES Purpose Definitions. Retention promoted. Designation. Heritage tree list. Plan of protection. Recordation. Identification tag. Application to remove. Notice list to accompany application. Appeal Permit required for removal Enforcing authority. Exemptions. Application for permit. Director to inspect. Review of application. Review standards. Protection during conservation. Protection plan before permit granted. Applicant to guarantee protection. Notice of action on permit-Appeal. Penalty . 14.18.010 Purpose. In enacting this chapter, the City of Cupertino recognizes the substantial economic, environmental and aesthetic importance of its tree population. The City frods that the preservation of specimen and heritage trees on private and public property, and the protection of all trees during construction, is necessary for the best interests of the City and of the citizens and public thereof, in order to: A. Protect property values; B. Assure the continuance of quality development; C. Protect aesthetic and scenic beauty; D. Assist in the absorption of rain waters, thereby preventing erosion of top soil, protecting against flood hazards and the risk of landslides; E. Counteract air pollutants by protecting the known capacity of trees to produce pure oxygen from carbon dioxide; F Maintain the climatic balance (e.g, provide shade); G. Help decrease potential damage from wind velocities; H. Protect specimen and heritage oak trees. For the above reasons, the City finds it is in the public interest, convenience and necessity to enact regulations controlling the care and removal of specimen and heritage trees within the City in order to retain as many trees as possible, consistent with the individual rights to develop, maintain and enjoy private and public property to the fullest possible extent. Specimen and heritage trees are considered a valuable asset to the community. The protection of such trees in all zoning districts including residential zones is intended to preserve this valuable asset. (Ord. 1573, ~ 2, 1991; Ord. 1543, ~ 2, 1991) 14.18.020 Definitions. Unless otherwise stated, the following definitions pertain to this chapter. A. "City" means the City of Cupertino situated in the County of Santa Clara, California. B. "Developed residential" means any legal lot of record, zoned single-family, duplex, agricultural residential and residential hillside, with any structure (principal or accessory) constructed thereon. C. "Heritage tree" means any tree or grove of trees which, because of factors including, but not limited to, its historic value, unique quality, girth, height or species, has been found by the Architectural and Site Approval Committee to have a special significance to the community. D. "Oak tree" shall include all trees of oak genus, including, but not limited to, the Valley Oak (Quercus 10bata) and California Live Oak (Quercus agrifolia). E. "Owner" shall include the legal owner of real property within the City, and any lessee of such owner. F. "Person" shall include an individual, a firm, an association, a corporation, a co-partnership, and the lessees, trustees, receivers, agents, servants and employees of any such person. G. "Private property" shall include all property not owned by the City or any other public agency. 33 Z+-3. 14.18.020 Cupertino - Streets, Sidewalks and Landscaping 34 H. "Public property" includes all property owned by the City or any other public agency. I. "Specimen tree" means any of the following: 1. A tree described on the table below: Species Measurement Single-Trunk Multi-Trunk From Natural Diameter/ Diameter/ Grade Circumference Circumference Native Trees Oak trees 4-1/2' 10"' (31"') 20"' (63") California 4-1/2 ' 10" (3i") 20" (63") Buckeye Big Leaf 4-1/2 ' 12" (38") 25" (79") Maple Nonnative Trees: Deodar 4-1/2 ' 12" (38") 25" (79") Cedar Blue Atlas 4-112' 12" (38") 25" (79") Cedar 2. A tree required to be protected as a part of a zoning, tentative map, use permit, or privacy protection requirement in an R-l zoning district. J. "Tree removal" means the destruction (in a twelve month period) of twenty-five percent or more, as determined by the Community Development Director, of any heritage or specimen tree by cutting, retarding, girdling or applying chemicals. (Ord. 1886, (part), 2001; Ord. 1835, (part), 1999; Ord. 1810, (part), 1999; Ord. 1715, (part), 1996; Ord. 1573, ~ 3, 1991; Ord. 1543, ~ 3, 1991) 14.18.030 Retention Promoted. Heritage and specimen trees are considered an asset to the community and the pride of ownership and retention of these species shall be promoted. The Director of Community Development shall conduct an annual review of the status of heritage trees and report the fmdings to the Planning Commission. (Ord. 1715, (part), 1996; Ord. 1543, ~4.1,1991) 14.18.040 Designation. The Planning Commission, may, by resolution, designate a tree or grove of trees as a heritage tree(s). Prior to adoption of such a resolution. not less than ten days' written notice shall be delivered to the owner. If the owner of the property protests the designation an appeal can be initiated. (Ord. 1715, (part), 1996; Ord. 1630, (part), 1993; Ord. 1543, ~ 4.2, 1991) 2006 S-9 Repl. 14.18.050 Heritage Tree List. A heritage tree list shall be created and amended by resolution. The list shall include the reason for designation, tree circumference, species name, common name, location and heritage tree number. (Ord. 1543, ~ 4.3, 1991) ( 14.18.060 Plan of Protection. A. The Planning Commission shall consider a plan of protection developed by the Community Development Department or a City-retained certified arborist. The protection plan shall include information for correct pruning, maintenance and fertilization methods. B. It shall be the property owner(s) responsibility to protect the tree. The plan shall be provided for hislher use at hislher discretion in order to obtain the retention objection. C. Privacy protection planting in R-l zoning districts shall be maintained. Landscape planting maintenance includes irrigation, fertilization and pruning as necessary to yield a growth rate expected for a particular species. Where privacy protection planting dies it must be replaced within thirty days with the location, size and species described in Ordinance No. 1799 (privacy protection) and its appendix. The affected property owner, with privacy protection planting on their own lot, is not required to maintain the required planting. (Ord. 1810, (part), 1999; Ord. 1630, (part), 1993; Ord. 1543, ~~ 4.4,4.5, 1991) 14.18.070 Recordation. Heritage and specimen trees required to be retained under Section 14.8 1.020 12, except for trees on public property, shall have retention information placed on the property deed via a conservation easement in favor of the City, private covenant, or other method as deemed appropriate by the Director. The recordation shall be completed by the property owner at the time of use permit, zoning, tentative map or initial/new building permit issuance. (Ord. 1573, ~ 4.6, 1991; Ord. 1543, ~ 4.6, 1991) 14.18.080 Identification Tag. Heritage trees shall have on them an identification tag, purchased and placed by the City, inscribed with the following information: CITY OF CUPERTINO HERITAGE TREE NO. Please do not prune or cut before contacting the City. (Ord. 1543, ~ 4.7, 1991) 14.18.090 Application to Remove. If an application for heritage tree removal is submitted, the request shall be forwarded to the Planning Commission ( t-f--t./- 35 Heritage Imd Specimell11'r~ 14.18.09@ for review and approval. It is the applicant's responsibility to provide supporting documents as requested by staff or the Planning Commission. (Ord. 130, (part). 1993; Ord. 1543, ~ 4.8. 1991) 14.18.100 Notice List to Accompany Application. The applicant shall provide with the application a list of names of all persons owning and/or occupying real pmperty locai:edl within three hundred feet of the property involved in the application. Where a property i.s 3l multifamily dwelling with more than four units, the name of the building manager will be supplied on the list. Notice of the P1l1DDing Commission hearing will be mailed to the names on the list. (Ord. 1630, (part), 1993; Ord. 1543. ~ 4.9. 1991) 14.18.110 Appeal. An appeal of the Planning Commission's decision may be submitted to the City Council, in care of the City Clerk within five working days of the decision. No tree shall be removed until the appeal process bas been concluded. (Ord. 1630. (part), 1993; Ord. 1573, ~ 4.10, 1991; Ord. 1543, ~ 4.10. 1991) 14.18.120 Permit Required for Removal. Except as provided in Section 14.18.140, no person shall directly or indirectly remove or cause to be removed any specimen or heritage tree as herein defined, within the City limits, without first obtaining a permit to do so in accordance with the procedures set forth in this chapter. (Om. 1543, i 5.1, 1991) 14.18.130 Enforcing Authority. The Director of Community Development, or bis/ber authorized representative, shall be charged with the enforcement of this chapter. (Ord. 1543, ~ 6.1, 1991) 14.18.140 Exemptions. This chapter does not apply to the following: A. Removal in case of emergency caused by the hazardous or dangerous condition of a tree, requiring immediate action for the safety of life or property (e.g., a tree about to topple onto a principle dwelling due to heavy wind velocities). A subsequent application for tree removal must be fIled within five working days as. described in Sections 14.18.150-14.18.170 of this chapter. B. Removal of ,all deciduous, fruit-bearing trees. C. An approval for the removal of any tree granted by virtue of a zoning, use permit, variance, tentative map, or Planning Commission application approval. D. Removal of any tree in a developed residential single- family, residential duplex, agricultural residential and residential hillside zoning district, except heritage, specimen or trees planted to comply with privacy protection pursuant to Chapter 19.28 (Single-Family Residential (R-1) Zones) except those planted on the affected property owners' lot. B. Public utility actions, under the jurisdiction of the Public Utilities Commission of the State of California; as may be necessary to comply with their safety regulations, or to maintain the safe operation of their facilities. (Ord. 1835, (part). 1999; Ord. 1715, (part), 1996; Ord. 1630. (part), 1993; Ord. 1543, ~ 7.1, 1991) llAL1l.lJ\.1l5@ APJPIlill~(diOlDllliOJlf' JJ:"el!1lll1J1(io A. Applications for specimen OIr heritage tree removal permits sba11 be tiled. with the Department of Community Development on forms prescribed by the Director of Community Development and shall state the number and location of .the trees to be removed, and the reason for removal of each. B. Applications for heritage tree removal shall be referred to the Planning Commission for final review and approval in accordance with Sections 14.18.090, 14.18.100 and 14.18.110. Requests shall be reviewed pursuant to Section 14.18.110. (Ord. 1630, (part), 1993; Ord. 1573. ~ 8.1 (part), 1991; Ord. 1543, ~ 8.1 (part), 1991) 14.18.160 Director to Inspect. Upon receipt of an application for removal of a specimen tree, the Director of Community Development or bislher authorized representative will, within fourteen days, inspect the premises and evaluate the request pursuant to Section 14.18.180 of this chapter. Priority of inspection shall be giVen to those requests based on hazard or danger of disease. The Director of Community Development may refer any such application to another department or to the Planning Commission or an appropriate committee of the City for a report and recommendation. Where appropriate, the Director of Community Development may also require the applicant, at his own expense, to furnish a report from a staff-approved arborist, certified by the International Society of Arboriculture. Applications for tree removal may be granted, denied, or granted with conditions. The Director of Community Development may , as a condition of granting a permit for removal of a specimen tree, require the applicant to replant or replace a tree with more than one tree when justified to replace lost tree canopy. (Ord. 1573, i 8.1 (part), 1991; Ord. 1543, ~ 8.1 (part), 1991) 14.18.170 Review of Application. A request for removal of any heritage or specimen tree protected by a condition of approval associated with a zoning, tentative map, use permit. variance and architectural and site approval application may be approved by the Director of Community Development if deemed unsafe or diseased or can cause potential damage to existing or proposed essential structures. The Director of Community Development may also require the applicant, at tf-5 14.18.170 Cu~o D Parks and Recreation 36 his own expense, to furnish a report from a staff-approved arborist, certified by the International Society of Aboricu1ture. If removal is requested for any other reason, the application shall be referred to the Planning Commission which originated the condition. Notice of any public hearing under this chapter shall be given in the same manner as provided in Chapter 19.116 of this code. (Ord. 1835, (part). 1999; Ord. 1715. (part). 1996; amended during 12/93 supplement; Ord. 1.630, (part), 1993; Ord. 1543, I) g.!. (part), 1.991} 14.18.180 Review Standards. Each request for tree removal shall be evaluated based upon the standards listed under subsectioDS A and B below. Approval of a permit to remove a specimen or heritage tree may be granted if one or both of the standards is met. A. 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; B. That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property. (Ord. 1573, i 9.1. 1991; Ord. 1543, i 9.1, 1991) 14.18.l9O Protection During Construction. Specimen, heritage trees and other trees required to be retained by virtue of a zoning, subdivision, use permit, variance, or Architectural and Site Approval Committee application approval, and all trees protected by this chapter shall be protected during demolition. grading and construction operations. (Old. 1543, i 10.1, 1991) 14.18.200 Protection Plan Before Permit Granted. A. A plan to protect trees described in Section 14.18.190 shall be submitted to the Director of Public Works and to the Director of Community Development prior to issuance of a demolition, grading or building permit. The plan shall be prepared and signed by a licensed landscape architect or arborist certified by the International Society of Arboriculture and shall be approved by the Director of Community Development. The Director of Community Development shall evaluate the tree protection plan based upon the tree protection standards contained in Appendix A at the end of this chapter. B. The Director of Community Development may waive the requirement for a tree protection plan both where the construction activity is determined to be minor in nature (minor building or site modification in any zone) and where the proposed activity will not significantly modify the ground area within the drip line or the area immediately surrounding the drip line of the tree. The Director of Community Development shall determine whether the construction activity is minor in nature and whether the activity will significantly modify the ground area around the tree drip liIie. (Ord. 1543, i 10.2, 1991) 14.18.210 Appliea:nt to Guarantee ProtectiOD. The applicant shall guarantee the protection of the existing tree(s) on the site through a financial instrument acceptable to the Director of Planning and Development. (Ord. 1543, ~ 10.3. 1991) 14.18.220 Notice of Action on Pennit-Ap~o A. Notice of the decision on an application for a specimen tree removal permit by the Director of Community Development or his designated representative, , shall be mailed to the applicant. B. Any decision made by the Director of Planning and Development may be appealed to the City Council. Such decision may be appealed to the City Council by filing a written notice of appeal with the City Clerk within ten working days after the mailing of such notice. C. The City Clerk shall notify the applicant of the date, time and place for hearing the appeal. The City Council may affirm, reverse, or modify the decision of the Director of Community Development, and its decision shall be final. (Old. 1573, f 1l.1, 1991; Ord. 1543, ~ 1l.1. 1991) 14.18.230 Penalty. Violation of this chapter is deemed a misdemeanor unless otherwise specified. Any person or property owners, or his agent or representative who engages in tree cutting or removal without a valid tree removal permit is guilty of a misdemeanor as outlined in Chapter 1.12 of this code and/or may be required to comply with Sections 14.18.150, 14.18.170. Notwithstanding any other provisions of this section, the unauthorized removal of a tree planted solely for privacy protection purposes pursuant to Section 14.18.060 C shall constitute an infraction. (Old. 1810, (part), 1999; Ord. 1731, (part), 1996; Ord. 1543, f 12.1, 1991) J.f ,,& 37 Heritage Heritage Mid Specimen Trees 14.18.230 APPENDIX A STANDARDS FOR TIlE PROTECTION OF TREES DumNG GlUDlING AND CONS1'IRUCTION OPERATIONS The purpose of this appendix is to outline standards pertaining to the protection of trees described in Section 14.18.200 of Chapter 14.18. The standards are broad. A licensed landscape architect or International Society of ArOOriculture certified arOOrlst shall be retained to certify the applicability of the standards and develop additional standards as necessary to ensure the property care. maintenance. and survival of trees designated for protection. StBmdmJrirlJ$ 1. A plot plan shall be prepared describing the relationship of proposed grading and utility trenching to the trees designated for preservation. Construction and grading shouid not significantly raise or lower the ground level beneath tree drip lines. If the ground level is proposed for modification beneath the drip line. the architectlarborist shall address and mitigate the impact to the tree(s). 2. All trees to be preserved on the property and all trees adjacent to the property shall be protected against damage during constiuction operations by constructing a four-foot-high fence around the drip line. and armor as needed. The extent of fencing and armoring shall be determined by the landscape architect. The tree protection shall be placed before any excavation or grading is begun and shall be maintained in repair for the duration of the construction work. 3. No construction operations shall be carried on within the drip line area of any tree designated to be saved except as is authorized by the Director of Planning and Development. 4. If trenching is required to penetrate the protection barrier for the tree. the section of trench in the drip line shall be hand dug so as to preclude the cutting of roots. Prior to initiating any trenching within the barrier approval by staff with consultation of an arOOrist shall be completed. 5. Trees which require any degree of fill around the natural grade shall be guarded by recognized standards of tree protection and design of tree wells. 6. The area under the drip line of the tree sball be kept clean. No construction materials nor chemical solvents shall be stored or dumped under a tree. 7. FIreS for any reason shall not be made within fifty feet of any tree selected to remain and shall be limited in size and . kept under constant surveillance. 8. The general contractor shall use a tree service licensee. as defined by California Business and Professional Code. to prune and cut off the branches that must be removed during the grading or construction. No branches or roots shall be cut unless at first reviewed by the landscape architectlarOOrist with approval of staff. 9. Any damage to existing tree crowns or root systems shall be repaired immediately by an approved tree surgeon. Ii- - rj