.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