.01 TR-2006-14 BBF tree removal
CITY OF
CUPEIUINO
PUBLIC WORKS DEPARTMENT
CO~TYDEVELOPMENTDEPARTMENT
Report to Planning Commission
Summary
AGENDA ITEM
AGENDA DATE October 10. 2006
SUBJECT AND ISSUE
Informational report on the removal of a Coast Live Oak Tree that was in a hazardous and
dangerous condition which required immediate action for the safety of life and property at
Blackberry Farm in accordance with Chapter 14.18.140 of the Cupertino Municipal Code
(CMC).
BACKGROUND
In June of 2006, the Public Works Department was given the new assignment of taking
over the maintenance of the Blackberry Farm Picnic and Public areas. Blackberry Farm
had always been maintained by the Parks and Recreation Department but owing to some
staff changes and vacancies in the P&R Department that occurred at that time combined
with the imminent closure of the park in September of 2006, the City Manager asked the
Public Works Department to assume that responsibility in the interim.
In July of 2006, after Public Works was given this new assignment of taking over the
maintenance ofthe Blackberry Farm picnic areas, Public Works staff conducted a
maintenance inspection of the grounds and noted a number of health and safety issues
associated with various Blackberry Farm areas. In particular, Staff inspected a large
number of trees throughout the site that appeared to be potential hazards primarily due to
their proximity to the public areas.
Dangerous and Hazardous Condition of the Coast Live Oak Tree
The tree in that is the subject of this report, a Coast Live Oak tree located next to the
basketball court and the roadway, had a very large cavity approximately eight feet by four
feet, large enough for a large person to walk into the cavity with a great deal of rotten
decayed wood. Staff contacted a certified arborist, Mr. Bill Ruelman, Jr. (Certified
Arborist WE-S04S) of Bill's Tree Care and Landscape of San Jose to evaluate this tree.
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Arborists Report and Resulting Tree Removal by the Public Works Department
Upon inspection of the Oak tree, as stated in the arborist's letter (attached to this report),
the large cavity exposed the heartwood of the tree and there were signs of major damage
throughout the tree from wood bores. The heartwood of the tree was exposed and
determined to be decayed and dead. As a result, the structural integrity of this tree was
severely compromised. The arborist further stated that the canopy growth of the tree was
severely unbalanced because of another large Oak tree growing up the hillside behind it.
The arborist concluded that, due to the severely decayed trunk tissue and the unbalanced
canopy the tree, there was an increased likelihood of a major limb failure or complete
failure of the tree.
The arborist further noted that due to the heavily populated area in which the tree was
located (basketball courts and picnic areas) and heavy public pedestrian traffic as well, any
failure could have resulted in property damage, or worse serious injury or even death.
There have been many precedents in other cities for this kind of tragedy.
After receiving this evaluation and considering the location of the Oak tree near public
areas, the Public Works Department ordered the tree to be removed. The tree was posted
for removal and removed on July 24,2006. That date was chosen because Blackberry
farm was closed on that day.
As a point of information, this tree was not planned for removal as part of the Stevens
Creek Corridor Park Project. However, owing to the proximity of the tree to the
basketball courts and picnic and pedestrian areas, the City does not plan to replace at this
location but will include adding another tree somewhere else in the proposed park.
Permit for Removal
Subsequent to the removal an application for the removal of the tree as provided in CMC
14.18.140 was prepared and filed with the Community Development Department. Since
the proper permit application, inspections, documentation, findings and determinations had
been made in accordance with the requirements of the Heritage and Specimen Tree
Ordinance of the City of Cupertino the permit was approved by the Director of
Community Development
However, Rhoda Fry, a resident of the area, raised issues and questions about the removal
of tree to the Planning Commission. Although action on the permit by the Planning
Commission is not required, staff determined that since the questions had been raised, as a
courtesy to the Commission this report should be provided for the Commission's
information.
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Section
14.18.010
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 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, 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
lobata) 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.f
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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 de~cribed on the table below:
Species Measurement S ingle-Trunk Multi-Trunk
From Natural Diameter! Diameter!
Grade Circumference Circumference
Native Trees:
Oak trees 4-]!2' 10" (3] ") 20" (63")
California 4-]12' 10" (3] ") 20" (63")
Buckeye
Big Leaf 4-]12' 12" (38") 25" (79")
Map]e
Nonnative Trees:
Deodar 4-1/2 ' 12" (38") 25" (79")
Cedar
Blue Atlas 4-1/2 ' ]2" (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 Rc 1 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, S 3, 1991; Ord. 1543, S 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 findings 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 his/her use
at his/her discretion in order to obtain the retention
objection.
C. Privacy protection planting in R -1 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 pemiit,
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
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Heritage and Specimen Trees
14.18.090
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,
9 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
property located within three hundred feet of the property
involved in the application. Where a property is a
multifamily dwelling with more than four units, the name of
the building manager will be supplied on the list. Notice of
the Planning Commission hearing will be mailed to the
names on the list. (Ord.1630,(part), 1993;Ord.1543,g4.9,
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 has been concluded. (Ord.
1630, (part), 1993; Ord. 1573, 9 4.10, 1991; Ord. 1543,
9 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.
(Ord. 1543, 9 5.1,1991)
14.18.130 Enforcing Authority.
The Director of Community Development, or his/her
authorized representative, shall be charged with the
enforcement of this chapter. (Ord. 1543, 9 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-l) Zones)
except those planted on the affected property owners' lot.
E. 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, 9 7.1, 1991)
14.18.150 Application for Permit.
A. Applications for specimen or heritage tree
removal permits shall be filed 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,
9 8.1 (part), 1991; Ord. 1543, 9 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
his/her 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 applicaht, 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, 9 8.1 (part),
1991; Ord. 1543, 9 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
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Cupertino - Streets, Sidewalks and Landscaping I
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construC. tion activity i1'minor in nature and whether the
activity will significantl modify the ground area around the
tree drip line. (Ord. 15 G, ~ 10.2, 1991)
14.18.210 Applicant tOIGuarantee Protection.
The applicant sha~l guarantee the protection of the
existing tree(s) on the ite through a fmancial instrument
acceptable to the Direc or of Planning and Development.
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(Ord. 1543, ~ 10.3, 199~)
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14.18.170
his own expense, to furnish a report from a staff-approved
arborist, certified by the International Society of
Aboriculture. Ifremoval is requested for any other reason,
the application shall be referred to the Planning Commission
which originated the condition. Notice of ~y 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. 1630, (part), 1993; Ord. 1543, ~ 8.1 (part),
1991)
14.18.180 Review Standards.
Each request for tree removal shall be evaluated based
upon the standards listed under subsections 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 typi'cally experienced by
owners of similarly zoned and situated property. (Ord.
1573, ~ 9.1, 1991; Ord. 1543, S 9.1, 1991)
14.18.190 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. (Ord. 1543, S 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 arOOrist 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
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14.18.220 Notice of Ac(ion on Permit-Appeal.
A. Notice of the decision on an application for a
specimen tree removal p~rmit by the Director of Community
Development or his designated representative, shall be
mailed to the applicant. i
B. Any decisio~ made by the Director of Planning
and Development may I be appealed to the City Council.
Such decision may be aRpealed to the City Council by filing
a written notice of app~al with the City Clerk within ten
working days after the +ailing of such notice.
C. The City CI~rk shall notify the applicant of the
date, time and place fit hearing the appeal. The City
Council may affirm, re erse, or modify the decision of the
Director of Community evelopment, and its decision shall
be final. (Ord. 1573, ~ ]1.1,1991; Ord. 1543, S 11.1, 1991)
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14.18.230 Penalty. I
Violation of this thapter is deemed a misdemeanor
unless otherwise specifiFd. Any person or property owners,
or his agent or representative who engages in tree cutting or
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removal without a valid tree removal permit is guilty of a
misdemeanor as outline~ in Chapter 1.12 ofthis code and! or
may be required to comply with Sections 14.18.150,
14.18.170. Notwithsta.hding any other provisions of this
section, the unauthorized removal ofa tree planted solely for
privacy protection purpfses pursuant to Section 14.18.060
C shall constitute an infraction. (Ord. 1810, (part), 1999;
Ord. 1731, (part), 1996~ Ord. 1543, S 12.1, 1991)
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Heritage Heritage and Specimen Trees
14.18.230
APPENDIX A
STANDARDS FOR THE PROTECTION OF TREES DURING GRADING AND CONSTRUCTION
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
Arboriculture certified arborist 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.
Standards
I. A plot plan shall be prepared describing the relationship of proposed grading and utility trenching to the trees
designated for preservation. Construction and grading should 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 construction 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 arborist shall be completed.
5. Trees which require any degree offill 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 shall 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 architectlarborist with approval of staff.
9. Any damage to existing tree crowns or root systems shall be repaired immediately by an approved tree surgeon.
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BILL'S TREE CARE & LANDSCAPE, INC.
Certified Arborist · Licensed . Insured
P.O. Box 24950
San Jose, CA 95154-4950
(408) 448-3956 · (650) 941-8200
Fax (408) 559-7221 · www.billstreecare.net
TREE REMOVAL REPORT
City of Cupertino
Attn: John B.
10555 Mary Ave.
Cupertino, CA 95014
Tree #1 Quercus agrifolia (Coast Live Oak)
This tree need to be removed because it was structurally weakened due to a very large
cavity on the north side of the trunk. Also, the canopy was very unbalanced and was very
heavy with wood weight on the opposite side of the tree.
The cavity wound present on the north side of the tree began below ground level. It
spread horizontally about 2' and laterally up the tree and into the lateral limbs. The
wound exposed the heartwood of the tree that was dead and decayed. Also, there were
signs of wood borers throughout the tree. As a result of the wound, the structural
integrity of this tree was compromised.
The canopy growth of this tree is unbalanced because of another large Oak tree growing
up the hillside behind it. The growth was forced out and over the paved roadway and
away from the wound on the opposite side of the tree.
With the severely decayed truck tissue and the unbalanced canopy, this tree was believed
to have an increased likelihood of limb failure or complete failure of the tree.
Due to the heavily populated area in which this tree was located, (near basketball court,
tennis court and picnic areas), any failure could have resulted in property damage,
personal injury or death. The tree needed to be removed to prevent any of these from
occurring.
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Bill'S TREE CARE & LANDSCAPE, INC.
Certified Arborist · Licensed · Insured
P.O. Box 24950
San Jose, CA 95154-4950
(408) 448-3956 .. (650) 941-8200
Fax (408) 559.7221 · www.billstreecare.net
Tree #2 Juglan regia (English Walnut)
This tree was completely dead. It had not live foliage and the truck tissue was dry and.
cracked.
The tree was located directly in front of the snack shack area near the pool.
Tree #3 Pinus radiata (Monterey Pine)
This tree had a severe lean to it. It grew out and over the food prep. area and across wires.
There were exposed roots on the opposing side of the lean.
The tree was located in the picnic area. Uprooting and failure of this tree could have
cause property damage, personal injury or death. The tree needed to be removed to
prevent any of these from occurring.
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Bill ReuIman Jr. ,.
Certified Arhorist WE-5045
Bill's Tree Care and Landscape, Inc.
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