17. Heritage and Specimen Trees amendment
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
CITY OF
CUPEI\IINO
Community Development Department
SUMMARY
AGENDA NO.Jl
AGENDA DATE August 15, 2006
SUMMARY:
Provide direction to the Planning Commission regarding proposed amendments
to Chapter 14.18 of the Cupertino Municipal Code (Heritage and Specimen
Trees).
RECOMMENDATION:
Staff recommends that the City Council review and provide direction to the
Planning Commission on the proposed Draft Model Ordinance. This draft is in
the beginning stages and is only intended to stimulate discussion. A public
hearing will be scheduled for the September 26, 2006 Planning Commission
meeting.
BACKGROUND:
The City Council has requested that Chapter 14.18 (Heritage and Specimen
Trees) of the Cupertino Municipal Code be reviewed for proposed amendments.
Staff requests direction from the City Council on the following questions related
to possible amendments:
1. Tree Protection: Is the current protected tree list adequate, or should
additional trees be included, such as eucalyptus, redwood, pine and palm
trees?
2. Approval Authority: Should the Planning Commission be retained as the
approval authority for tree removal permits, or should staff be allowed to
make determinations in particular situations (e.g., tree removal permits
in conjunction with R-l privacy protection plans)?
3. Penalties: What type of penalties should be imposed if a protected tree is
removed without a permit? Should there be a monetary (civil) penalty?
Should there be a requirement for additional replacement trees (e.g., two
or three times the replacement ratio standard)? Should a combination of
replacement tree and monetary penalty be imposed?
4. Noticing: Should the noticing requirement for public hearings on tree
removal permits follow the minimum 300-foot radius noticing of
property owners for Use Permit and Variances? Should a smaller (e.g.
,neighboring properties) or larger (e.g., 500 foot) radius of notification be
required?
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Heritage and Specimen Tree Ordinance
Page 2
August 15,2006
5. Solar Panels: Should consideration be given to allow protected trees to be
removed for solar panel access?
DISCUSSION:
Staff has drafted a model ordinance incorporating proposed amendments to
address some of these questions. Tree ordinances from the Town of Los Gatos
and the cities of Campbell, Los Altos, Saratoga, Morgan Hill and Palo Alto were
reviewed as a basis for suggested amendments to the proposed format and
language of the model ordinance.
Questions
1. Tree Protection:
Is the current protected tree list adequate, or
should additional trees be included, such as
eucalyptus, redwood, pine and palm trees?
Staff Suggestions
All references to "specimen" trees have been changed to "protected"
trees for clearer identification.
New section has been added to clearly list "protected" trees. All
previously listed "Specimen" trees have been moved to the new
"protected trees" section.
New section has been added to clearly state that it is unlawful to
remove, damage or kill any protected tree in the City.
Removal of dead trees has been added as exempt from this chapter.
Staff requests Council direction if additional types of trees should be
included as "protected" trees.
2. Approval Authority:
Should the Planning Commission be retained as
the approval authority for tree removal permits,
or should staff be allowed to make
determinations in particular situations?
New language added to Section 14.18.150 and renamed to "Application
and Approval Authority for Tree Removal Permit" to provide the
review and approval process for trees.
New language added to 14.18.180 and renamed to "Review and
Determination of Application" to provide descriptions of the review and
determination process.
Definition added for "Development application" to identify types of
applications for which the retention or planting of trees may have been
required as part of the approved development application.
New section has been added providing replacement ratio requirements
for removed trees in conjunction with a tree removal permit
Language added in 14.18.140 (Exemptions) to explain that dead trees
may be removed upon order of the Director of Community
Development, sheriff or fire department, and that no tree removal fee
shall be charged. A city arborist review would not be necessary where
the Director of Community Development, sheriff or fire department
could make the determination.
Staff requests Council direction to determine if certain protected tree
removals may be determined at staff level by the Director of Community
Development (e.g., tree removal permits in conjunction with R-1 privacy
protection plans).
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Heritage and Specimen Tree Ordinance
Page 3
August 15,2006
3. Penalties: Staff has not recommended changes to the "penalty" section, pending
What type of penalties should be imposed if a City Council direction. The Council may consider a monetary (civil)
protected tree is removed without a permit? penalty, a higher replacement ratio requirement or a combination of
Should there be a monetary (civil) penalty? both.
Should there be a requirement for additional
replacement trees (e.g., two or three times the Council may also want to consider adding language that pending and
replacement ratio standard)? Should a proposed applications and building permits not be approved until the
combination of replacement tree and monetary violation has been remedied.
penalty be imposed?
4. Noticing: New section added to address noticing requirements to follow Use
Should the noticing requirement for public Permit and Variance noticing requirements, including a minimum 300
hearings on tree removal permits follow the foot radius notification of property owners.
minimum 300 foot radius noticing of property
owners for Use Permit and Variances? Should a
smaller (e.g. neighboring properties) or larger
(e.g., 500 foot) radius of notification be required?
5. Solar Panels: Staff requests Council direction on how to address this question.
Should consideration be given to allow protected
trees to be removed for solar panel access?
In addition to the above-referenced draft revisions, staff has added findings in
Section 14.18.180 to consider allowing the removal of trees where the protected
tree(s) are a detriment to the subject property due to overplanting or
overcrowding of trees on a site. An example is the recent retroactive tree removal
application for the removal of six coastal redwood trees that were planted in
small and narrow planter areas between townhouse units at the Joseph Circle
townhouse complex off of Vista Drive. In this particular case, the trees were
overgrown and crowding into the planter area causing damage to the adjacent
townhouse walls and fence.
Prepared by: Aki Honda, Senior Planner
SUBMITTED BY:
APPROVED BY:
~/Zo~
,
Ciddy Wordell
City Planner, Community Development
~
David W. Knapp
City Manager
Enclosures:
Exhibit A: Draft Model Ordinance
G. Plannlng/PDREPORTlcc/2006/Tree Ordinance Report to CC. Aug 15.2006
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Exhibit A
CHAPTER 14.18: HERITAGE AND SPECIMEN
PROTECTED TREES
Section
14.18.010 Purpose.
14.18.020 Definitions.
14.18.025 Actions Prohibited.
14.18.030 Rete ntion promoted.
14.18.035 Protected trees.
14.18.040 Designation.
14.18.050 Heritage tree list.
14.18.060 Plan of protection.
14.18.070 Recordation.
14.18.080 Identification tag.
14 :18.000 Ap-f3-H€aoon to rc mo'.;c.
--14:-1-8:400---. ,.NoHGe,+is:~..to-ac-e0mpaA-Y- applieaHofr.
-1-4;.l8;+1.0..Appeal
l.:!.:..~--.per-ffijt-f€€fttif€El-fef-reFAeVat
/7-q
14.18.130 Enforcing authority.
14.18.140 Exemptions.
14. 18. 150 Ap pi icati on9~~.sLl:'-R,R!_~Y.?J_6.~!h.~~.~Y,for IL~B.~_Q:1_2_y~~_perm it.
14.18.160 Director to inspect.
14.18.170 ReviBwofa6pplication Requirements.
1:1:J,~.JX~,_,....lJ_~t~J!l g
14.18.180 Review and determination of application staAfran:1s.
14.18.185 Tree Replacement.
14.18.190 Protection during conservation.
14.18.200 Protection plan before permit granted.
#-1-8:-24Q---AflfHte-aAt--tB--t{tt8f8ffiee'-J*ffiee-ttofr.-
14.18.220 Notice of action on permit-Appeal.
14.18.230 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 SpCcirH€ft ..Rro~~~!~9.. -aftd-her+taf1€ 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:
2
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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. f>_rese~""--~-'!IS2!~~~.sLProtect specimen ond heritoge ook 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 protected
speetmefl-afl€l--hefita~e 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.
Protected Sf>eeimen aAdhefifa~e 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.
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~~__-'-'-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. "Development application" means an application for land alteration or
9 eve !9P.f1:l..~ nt, _ L~cLud i !,:!,gl> ut !l ot !L~.i!~<t1C2_~~1.r2,glvi s!9.I1 of pro f2!?!!Y-,
rezoning, architectural and site approval, two-story residential permit,
mino~ re~ider:!~&per!!:!!h..E@nned l~~l~~~l2pme_nt, variance, an~~se
permit.
DG. "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 Planning Commission A-femtB€-tural--aoo,-Site
A~pfev-aj,-G-emmiHee to have a special significance to the community.
-'--'8-;-------'-'-8-ak-tr-e-e"--s-h8t-iA8~ude_aIHf_e_es_0f-e8k-__genHs;-,jAell:H:l-iA@-,-but--nGt-Hmj,ted
to, the Valley Oak (Quercus lobata) and C<Jliforni<:l Live O<JI< (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.
H. "Public property" includes all property owned by the City or any other
public agency.
I. "Protect~9_SpecimeA tree" means ?nYElc~?~_of tree specified in SectiQ.Q
'1 4. J_?:_Q~~,: 8ny-ef-tl=ie-fef+e-wtt-lF
4
/7-7
--A-tree desGribednoA-the-tab~e below:
Measurement SiHg-~e-+runk Mu+ti-+funk
From N atura-l f}i-ameteff Diometer/
Species Grade G-tfeUfftfereRc-e Gif-eumfefenc--e
Nattve-+r-ees:'
Gak-,trees 4--1-12:-' 1 fF--t3-i-"-) ~~(-6--3")
Galifornio ~ 10" (31") 20" (63")
Buckeye
Bigl:eaf-Maple 4-1+2~ -l:2-"-t~) ~5-~-9'-')
Nennative--1=ree-s-:-
8-eeda-f--Ccd<:lf ~ +-~-3-82-) 2:5" (79")
BJ.ue,l\t-I-as ~ ~~ 25" (79")
Ge-El-ar
2. ^ trec rcquired to be protected os 0 port of <:I zoning, tentotive m<:lp, use
fJefffiit,effTffvaey-pret-ec-oon-requ+rel'Be-A-t-in-aA---R---i-7=en i ng d istrte-t-.
J. "Tree removal" means any of the following: (1) Complete removal, such
as cuttl~g totbf:;__9E52~_~(L2,r extractioQ-"gL9_Q,rotected tre~ or t~.L~~~~i~u~runing,
which means the removal of more than one-fourth of the functioning leaf and
~~m ar~_~_gL~_1r_~~_ir]_~!lY t"~elve.:-i':lQ.f!.t~J?~~i<?(L9~, protected. t!e~ the destruction
(ffi-a-tweIV8-fllonth pe-ried)--ef-tweA-ty-fivepereeflt'ef-moFe-;- as determined by the
Com m unity Deve 10 pm e nt Director ,-ef'aflyheritag-e-er-speeirnen-tree-bYButtfng-i-
reta-F~g-tffilfflg--&f opplying chcmiea+s. (Ord. 1886, (part), 2001; Ord. 1835,
(part), 1999; Ord. 1810, (part), 1999; Ord. 1715, (part), 1996; Ord. 1573,93,
1991; Ord. 1543,93,1991)
"14.18.25 Actions Prohibited
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1"7-8'
A. It is unlawful to remove or kill any protected tree; alJ~
B. It is unlawful to remove any protected tree in any zoning district without
first obtaining a tree removal permit.
14.18.030 Retention Promoted.
Hefita~e'aFid-Protected Sf:1eeimen 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, S 4.1, 1991)
14.18.035 Protected Trees.
Except as otherwise provided in Section 14.18.140, Exemptions, the
fo~owi n gJ!_~~S s ha J!..!:l.9!~~E~!!!Q~~<!!!:~m pri~~~~j?IQP_erty with_o ulli rst ~bta i n iE!fL~
tree removal permit:
~_t!er~~,9..e.J~e~~_-'~~L~Q_~,i~g~9i~1!:l~~..:
~:_!:\lIJ~~e~_QL!b~_f52lJg~-'n_g,.~l?_E;_~i~~~
Measurement Single-Trunk Multi-Trunk
From Natural Diameter/ Diameter/
---- -
Sp~cies Grade Circumference C1rcu mference
-.....--.-.--.-.-.-.--.---- -. -.....--.- --"-. -- ,-..---...-.-
Native Trees:
--,_._- '".___.__..__.__..u__
Oak trees 4-1/2' Jg~~J~.1-',J ~Q".Jt3I')
- "-" -.. -~_. -..---- "-...----- _______n._.._
California 4-1/2' .1 Q'~L~,1_'') 20" (63J
----".... - --- --
Buckeve
6
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Big Leaf Maple 4-1/2'
12" (~8")
25" (79")
Nonnative Trees:
Deodar Cedar 4-1/2'
J_?'~.L;3_~",)
l?~l~13J
~5~~(7~]
25" (~~2
Blue Atlas 4-1/2'
Cedar
g,:,~_~y_!~~~_!_~g!J i rejJQ_~ejJlan~d _or reta L nesLas p~~L~L an_i!2pr<=!,y_~_g
development application, building permit, tree removal permit or code
~!lJ.Q~ce ~(j_rJt~~!l.c?'t}_L~JLzo!:! i ng d i s~~!~.
D. Approved privacy protection planting in R-1 zoning districts.
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)
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.
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A. The Planning Commission shall consider a plan of protection for
prQ~E;gtE;5:lt.rE;E;_?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. --=t=A-e
fJfoo--sFiaH-w--PfEtV'ieed-fef-tl-isfAef--ttSe-at'-hisfhef-'€l-iseft*iefHA-Etfder-,te-'esffi-i'A-Hte
~-ol3fee-tK:m:-
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 hisL~_E;E_tAcif-6-WA-lot, is fl-ETt required to maintain the required planting and shall
be required to comply with Section 14.18.070. (Ord. 1810, (part), 1999; Ord.
1630, (part), 1993; Ord. 1543, ~~ 4.4,4.5, 1991)
14.18.070 Recordation.
6!Lp.r,2_~es;tE;_sL HcritQg~ trees required to be retained 9_?.-P9EL21..9
development application under Section 44;8--4-.-82{}--+2 14.18.035, 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 ownerp~i(?rtQfirJ91_~~_2L~~i.LgJQg_pE;nTlit issLJ~_I]_~E;-,_QE
at a tim_e a~_gesignated by the Dinactor of Cornrnunity Developn~~nt when not
9~?(?_ci(:1!ed with a fiQ91Ql_cl.fJ or b~lidjng_p~~~_lt_!~_?u~!:l(;;.E;:_ at ffie-Hms-'-8f Hse pcrlT-l#;-
zening;-tentalive maj:J0r--inihallnewbHi~diFlg 'permit+ss-uance. (Ord. 1573, ~ 4.6,
1991; Ord. 1543, ~ 4.6, 1991)
8
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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, S4.7, 1991)
14.18.090 ,\pplie-ati-oo-to~ (There are 3 sections that discuss the tree
removal application/permit process....I've eliminated the first two (14.18.090 and
14.18.120) and incorporated this information into one sc(~tion. 14.18.150)
If an application for heritage tree removal is submitted, the request shall be
ferwar-ded-te-tt:re--Pfaflntng-Gernmiss+e-rt-fef-revi-ew'anEl--a'PfH'e-va+:--+t-is-the
appoocmt's responsibility to provide supporting documents 8S requested by staff
er--tfle-P+aAntAg-G-effifni-ssien.---(Gf(j~-+3Grl-paft)i--i-993~-oH:L-4-543;--%-~8-;--4S94-)
-14.18.100 Notice List to Accompany :\pplication.
_._....-Thea.pp+tea-At-,s-haH-prev+Ele.with,the-apPHeatteA8iist-ef-Hames--ef,aH-persens
ewfltng-a-A€lJ-er occupying re-C)I property locC)ted vJithin tflf~
property-iA-Velved-in--the-applieatien;-.Where-a--pre-perty-is-a-ffiujti.f-ami~y--clweHing
vvtth more4hC)n four units, the nmne of the building manager v.Jill be supplied OR
tAeHst:I\le-HB-e-eHhe,Plann ing-Commtssien-heafing'wiH-be-fflaHeEl--te-tfte-A8fAeS
en--th c lis t. {Gfcl-:--1-63 0, (p 8ft) , 1--99-3; 0 rd. 1543~499+t
J"U8.!lO Appe-al.
9
/ 7 -/;Z
""-An-ap'pea+Bfthe.~PlanHing~Gemmissiofl's..dec-ision-may13esubmitted.,to"the
G+ty Council, in eare-ef-the City Clerk within five vvork-tHg-doys of the deeisten:-Ne
tree--sA-aH'B€ .remeved-untHtrle--appea+--proeess'AHsbeefl-eoR€lUE!oo;-{Or-d-;-4&39,
fftart), 1 a9-3.;--8fd:-4-5-73-,-%-4. 1 0, 1 aa 1 ; -8fd.:-4-54&; S4. 1 0, 1 D 041
14.-1-8..1,2'(}'----Per-nlit-R-equired-fur-Rem9Va-h.
--E-reept os provide€l-iA-8cction 14.18.1~0 person shCJl1 directly or indirectly
reffi0Ve--er-eatlSe{e-ee--Feme-ve€l--aATs-peeimeH--ef-Aer~ta!3B"-tree CJs he re ifl-d.e#Aee,
within the City-Hfflits;-wi#1out first obtCJining 0 permit to do so in accordance with
the-J*Oeetil:fres-setferth-+R-tfHs-c-hapt-er;".{0Fd';"1-543-;-~-&+,t-99i-J
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.
1543,96.1,1991)
14.18.140 Exemptions.
Th~fQ!~~l.Qg_~~,f!12~al~j_<2 not require3l.R(),L()v.'31 of a tree r~m<2Y~!J2_E3_~!I1Jt.ffits
eh'8f}fer-dees-'flot-apply-to.the-fooowing.;
A. Removal of a protected tree 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 wi nd ve I oeiti es ,,_.9_!~ee de~_me~~~lJ_Q.?af ~,_2E_?,!cee ~~.'::!!l-.9_!~_~_J22!~Q.t@L~<2
gamage existing or proposed essential struc_ture~), upon order ofJhe Dires;tor o~
~ommunity Development, or any member ofJhe sheriff or fire department.
Ijg"':'~~~r,,_.-A-s-tJeseEtt=Jent application for-ffec."}-'f8f'ffBVa! must be filed-wJt.!qm-f+ve
work i n g d ays-as--Eh'-.:s€-r-tee€HA-sec-ttens-l-4-A-&A&G--1 4. 18. 1 70 of th is ch a ~
10
/ 7 -/.3
B. Decld trees, in the opinion of the Director of Community Development..
R-emevalofall-deci€luel:ts,---fruit-eea rtng,-trees~
---'-&----'-AR'approval-fef--the-remeVB+-ef-.&Ry-tfee-gfafttetl-by--virt-u€,e.f-a-z:6flff:rg-,
t.:tSe permit, vmiance, tentCltive mClp, or Planning Commi-sston ClpplicCltion
appfevaL
G;-----.Remf.)va~,ef,any-treeiR_adeveleped-fesideRtjal-siftgje-family,fesidefltia!
duplex, ag ri cul-H.ifctI-Fcsi de ntiClI Clnd residential hillside zoning district, except
hefit-agei,speeimen-or-tfeesplanted-,to-eemply-\;'VitA-'pr-tvaey-preteetieA-pllisuant
to--Ghapter-i. 9.. 2g.,(Sjngle-Family--Hesidential-fRA)-Z-eftes)--exeept-t-hese-ptaRteEI
oA--the-affectedproperty-ewners--+et-:
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, ~7.1,
1991 )
14.18.150 Application and Approval Authority for Tree Removal Permit.
A. - A -. uNo person shall directly or indirectly remove or cause to be
rerTl()Y_~_c:l,_~,I"]Y~Qt~ct~,sL!~~~ _Y!'i!bou Lf~~st 0 t?!~in j n_g_i:U~~~__I~mov a I perm it2
~~~Iess such tree removal is exempt per Section 14.18:140. ,Applications
for c]!t'~!~_~~Q::l2~9J~r.!1.!l!... speetffi8fT-or h eritCl@€4fBe-fe-mev-aJ-peffTTi-ts s ha II
be filed with the Department of Commur.lity 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.
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BB;--Applications for protected heritage tree removal shall be referred
to the Planning Commission for final review and d~!~L~)_!":l_?_ti()rl_ approvat
in a ccorda nee with Seetions--14:-18:,090,;--1-448;-iOG-anEl--14--;i8;-1-l0
Section 14.18.220 and Chapter 19.124;. The Planning Commission may
?l?J2~2':'~,_ cond ~i 0 n a IlY..i1PP rqve '.._~g_~!Jy.ltJ.~~_f22U_c::_~i 0 n fSJr a !~~ re~gv?J.
permit. A tree replacement requirement may be required in conjunction
~,ith_t~~_~~_~~mov.9J-pe~.!TIitJ_~e ar:?plicable_tree_E~movall?~rmit fe~_shall
a p ply, Ref{Hests-sha-H-be-reviewed-pl:lf-suan-t-,t-o-Se€Hon-14-:-i-8:-14B.
g~,____,YY..Q~!J_J3_ge'i.el qp~~J!L~ppJi.~a ti 0 n i~J:!!":lQ~!.5onsi d ~~~ti on J~YJhe a p pro~~!
authority concerning the same property as the affected tree removal
f2~E'!!i!..~f2pJjs;a ti <!,~'.._t~_~"g~!~Ll!llrl a !i()_n_<!r:'J..h e _!!:.~~_~,~ m C2\,'~I.2~Lr)2i!s h ?!L_~_~
made concurrently by the approval authority.-(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 protected 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 applicant, at his own expense, to furnish a report from a
staff-approved arborist, certified by the International Society of Arboriculture.
AppHeations.-.fof,treeremeval-'rA-ay-b-e-gfBnted;wnied,'-0r-grfrn-tee'-with'-€ond.iHons;-
=R-1-e-9treett7re-f-Gem-ml:tnj-ty-9eve+0j3-ment-FA-ay;--as--a-eonEl-iHon-e.f-gr-an#~+mit
forrernoval-of a-speBimen tree ; require the applieant-to'fepla-nt-offepl-aee.atree
wtt-h--ffiOf{-)-tRaA-eA-e-tt=8e-WRen-j-usttfieEHo-feFtlaee-.J-es-t,-tfeB-(.--'B-ABf7Y: (0 rd.
1573, ~8.1 (part), 1991; Ord. 1543, ~ 8.1 (part), 1991)
12
/7- / S-
14.18.170 I?evtew-eJ,Application RC{lllin~ments.
A request for removal of any heritage or protected sf3ee+men tree shall include
!~_~_f~!lg~.i.!!_g:
6:___________~pplica!L<2.r:!lnfor~c:ltio.l~.__~Pf2.~g_~ti<2.n,_fgr a tree re_moval permit
~--- -.---- -.-
shall be available from and filed with the Community
Development Departr:.!!.~nl_and_shall contain the folloyying
information, unless waived by the Director of Community
pevelopm~nt
1. A written explanation of why the tree(s) should be removed;
?:._...E_h 0 tC?g ra f2.bJ~lgf_l~_~_t~~~(? ) ;
3. An arborist report from a staff-approved arborist, certified by the
International Society of Arboriculture, when required by the
,Q[rector of Co~~~_~!y, D~velopm~r:!!~
4. Signature of the property owner and homeowner's association
t~~_en _~f2.~Jjcabl_~l~l!I1__pr~of of a vote C?..ub~__h~~~~':Vner's
association.
~_B~plc:lntin...9J?Jan
6. Other information deemed necessary by the Director of
~_mmuni!y De_"!:~19J~,~~-'2Uo evaluate the tree,I~_~_~~~req~est;
7. Permit fee, where applicable;
~.:__1~~e s~~e~LP 1_~~__ifl,9J~at~_9 the_~u m b~~L~~~ti 0 n (s)2- vel ri e!y"'~ nd
?1?e,~_~~~~_~,g"f9l!Cc:l~~L~_~~Jf.l~_(jJ..9 bo_~~_g.i~Q~1_~.L!~e~ (s 2Jg....Q~
removed.
i7fetected by a co n6tttErA-ef-a p p rov lJl--asseei-ate4-with lJ zo n i A-g,
tentativ€'m'af3;--i:::lSe-perrnit;-Vaftaftee-ane--architeettlfal,ane-,s+te
approval a p p I i cC1tief1-fflH't-be-apfH'eveEl-by-tA-e--9trc ctor of
G,offiffil:l-AttyHevelopmeflt..-j.ldeeme€!-ltfl-Safe"'Qf-Q.iseased-er-,e-aFt
Gause potentiaJElarnagetoexistingor-propesed-essenHa!
stfi::K-'7ft-.tres:-Th&-9ir8etOf -of. Co m TTI\:J-nify-geve1epmefl-t-rn-a-y-a+se
13
i 7-/(,
requ.j.re--tl1eapplican.t;athis-'owH...expen-sej--tO--ftJfnislT--afepor-t-ffBfl1-'8
s-ta#-aPPfOveB-afOOfi.st, cc rtifi-e€l-By-tRe-fntc rnattefh..'1-t-Soci cty of
Aboffcutfttre:-+f-f€ffieval'is-feEftteSteEl-,for-any-oth€f-reas-eft;--the
appHeatfoRshal1 e€ref€rreEl-te-the-PI8AHint} GOffirnissien-wAieh
originutcEi4he-€€mditiorr. Notice of any publi€-heafing under this
eRapter---shall..-b.e-gtveH,--in,tl1e-sarne-m8HA€r--as-proYi d.etl-in--Gha-pter
19.116 of this codc. (Ord. 1835, (part), 1099; Ord. 1715, (purt),
1-f}96--;--arnendefreHrinf1-+2+93-sup-ptement-;-Grd--i-6-39-dpartt,-1-~
Ord. 1543, S&-1 (part), 1001)
)4.,~ 8JX~L~Q~ge__~nd _E~.<?st~l]_g
Notice of any public hearing under this chapter shall be given in the same
!:!1_9_~~~~__9_~__PIovide~tl~_g!:!?2!~LJ~Jz...4._of lb.~ C u perti ~52__~_LJ_t:l,igp_~L9_ode ,
14.18.180 Review anc!Pet~~_rnination of Application Stnndmds.
A. _- I:tl~ app~ovaU~~.!borj_!~_~QaILapprove a tree rem_~~~i12~!!!!it onIY_.9J!~_~
making at least one of the following findings:E-aeh-r€ql:.l€sHor-tree-remeva+-sfraH
ee-e-vuluClted based upon-the standards listed under subscct--i6AS ^ and B belo'N.
Approval of a--perrntt-te-reffieYe--aspe€tffien--er-h€rtta!38,tree- ma yee-gr8n-tetl-#
oABor-l:7otf:rof-the-st-aflear-es-is-rnet:
1. 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 and cann()!_t?_~
controll~...9_Q_~ remedied through reasonable relocation or mo9ifL~~tion of the
structure or utility services;
2. ----8-;--,That the location of the trees restricts the economic
__~_~____._.__,_ .. _n__'.__.__
enjoyment of the property by severely limiting the use of property in a manner not
14
17-/7
typically experienced by owners of similarly zoned and situated property 0lnd th_~
ClRpliC;<:3nt has demonstrated to the satisfaction of the autho!:i!Y...!.Q,Cl~!h~re
are no reasonable alternatives to preserve the tree(s).
3. That the protected tree(s) are a detriment to the subject property
Cl_~sL c~r:!!lot be _ ad~q u_ClLE;JY_~~l?E9- rte<!9_~~9-!:..c-!Lr:!..g_lQ_9g_Q.~:l...~rba n 10restry .J2~a c.tl~~~
due to the overplanting or overcrowding of trees on the subject property.
A. The approval authority may refer the application to another
d~2a~_~mE;!:I.LC2! commission fora repo~! and recommendation:
B. The approval authority shall either approve, conditionally
9J?.2E~Y~__9-~_~_Ilj'J.b,~_9 PI?_~~~!L~~~,
C. The approval authority may require a tree replacement
t~E;g':l}~E:;_I"!l~nt _~~.,gn j~}}~tl~n~Lh_Cll!"ee ie mova I perm it.
(Ord. 1573, S 9.1,1991; Ord. 1543, S 9.1,1991)
Se_~!lon 14.18.185 ~~~,~ R~f>~ace'!1ent
~Jhe aPf>rovCl~a.l:l!b.9rity may impose th~_following replacemen!
standards for approval of each tree to be removed in conjunction with an
912pr~~E;,d trE:;,E:;_,EE:;~_Qvalperm Jh~_l"}Jess _,t:!~~!!2~sL':lEmecessa ry by the
approval authoritt:.
1. Replacement trees, of a species and size as designated by the
a !2P.!2Y_<:3I(3_~!.QgE~!Y_ a tlcL~on ~i~!~nt_~i!~_~b_E;J:~EI.?_C?~~E;Q! va ~~_9-X
each tree to be removed using the most recent edition of the
g_~JgE;,fQ~EICl~L~Epra_L~.Cl!,~_.E~g-'i.~Q E;d _ Q.Y_!b,~,_Co u n clL2LI~~E;__a_~~J
Landscape Appraisers, shall be planted on the subject proper!l'
-.-----.-- -
Q.~_~b~c;h!bE;,~~~ ( s) Cl~~_.lQ_Q~r~ rYlg'{,E;,g,}!:I_,!0.~,lgg..C:l_!LQ n ( ~LCl_~
des i g. n. a t~g....g.Y,_!b~..922!52Y~LCl.~.tbority~ 1-_Cl~.IE;__6.!I1_ClYl?~_~_sedCl~,(3
..----.-----.-....-.."...-,-." - -
basis _~(2.~JtllS requirement. Tr~E;---.f?erson requesting the tree
15
/7-/11
~emoval permit shall paYJ.Q_~cos~ of purchasing and planting the
~~pl<3~~E!!_e n_UE_~~_s__
a. If a tree cannot be reasonably planted on the subject
property, the value of the removed tree(s) shall be paid to
!Q~ C~Y~~lr~~ fU_Q.9j~iIL~,~.Q~__~_~ta pJl~h i !29_!Q_i_s ~'?!l to ~
I. Add or replace trees on public property in the
vicinj!y of th_~_subjectpi<2.p~~ty; _or
II. Add trees or landscaping on other City property.
B~ p I ~~_~,'!1~f}L~<31LJ_~_oJil._tr~~~h a II be determ i ne d
using the most recent edition of the Guide for
E19QL_6l?_p~9j~?I_,__?,~___l?E~t?a~~~L~Y_~b_~_~1!Y_0rbo!"i~l
Table A -- Tree Canopy-Replacement Ratio Standard
Canopy of Removed Replacement Tree Alternative Tree2
Ire~j_~a~lmLJm
Distance) 1
4 feet to 9 feet Two 24-inch box size One 36-inch box size
L m i n_~'!1_LJ_'!12
10 feet to 27 feet Three 24-inch box size Two 36-inch box size
28 feet to 40 feet Four 24-inch box size Two 48-inch box size
--- .------.---.-.---.---.---- ---.-----....---.--...--...-----.-- ------.-.-.---.----.----...---------
40 feet to 56 feet Six 24-inch box size Two 36 inch size and
Two 48 inch box size
--...--.--.-----..-----.-----
56 feet to 60 feet Two 24 inch box size Combination of both
__n___n_.__....____._.'._n......___'_.4_.....m_.._._.___. ---------- ..._ __.__ ..m"" __._____ -.-.-..--....-.--........-.--.--.-......---.--.-.---.--
and Two 36 inch box the Tree Canopy and
size !~~_ r.~t?lClE~Il:1~E!~,Y.!?~~~
~--'-~.- -
as determined by the
9QP'!Qy.<3LCl..LJJ~,!gILtl'
60+ feet Combination of both Combination of both
--.-- -------------- --------
the Tree Can () PY.c1!l.cI t~_e Tret:;_,g<3_~~gPY._<3Q9
--_..-----
the r~pla_s:!::f!!~ntva~~ the !:ep~<3_s:ement valu~
16
/7-/9
as determined by the as determined by the
?R_p,~S?Y?L_?_'::l,t~.ori!Y 9J2E~QY_<:l.1_9..'::l!~(?~i!y
1. To measure an asymmetrical canopy of a tree, the widest measurement
~~~ILQ.~'::!.ses! to dete!min~_~_~nopy'_~~~~.
2. The City shall make the determination if the Alternative Tree standards
can be used.
14.18.190 Protection During Construction.
~~g!~~t~,g_,Sf1eetfflen, herit8fl€ trees and other trees/p!5!0!!_Q9.~ required to be
retained by virtue of a development application, building permit, or tree removal
pei.r:!!_~!.z:8fl-ffig, ::;ubdivision, u::;e permit, v(]riancc, or r^,rchitecturol (]nd Site
Ap-pfev-a-I-~--;emffiiHee--awH€-a-ttefl-a-j3-p-fev-aj,-a-A-El-al-l---tr-ee-s---pre-te€teEl---l:Ty th i s chapte-r
shall be protected during demolition, grading and construction operations. T~~
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, ~ 10.1,1991)
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.
17
I 7- 2.0
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 line. (Ord. 1543, S 10.2, 1991)
.14.1-8.UO-ncAp'pH€-ant-t~,GuaHlntee-l!FO-t-e<.,ti~fl.
The opplicont :::;h~uorontee the proteetion of the exi:::;ting tree(s) on thc-s+te
through;) finonciol in:::;trumont occeptoble to the Director of Plonning ond
Geve-Iopment. fGffi~-%-40.3, 1QQ1)
14.18.220 Notice of Action on Permit-Appeal.
A. Notice of the decision on an application for a protected specimen tree
re mova I perm it by th e P I ann i ng Com m is si 0 n Bireetef-ef-GeFFlffH:l:fttty-gevelOf1meflt
or his designoted representotive, shall be mailed to the applicant.
B. Any decision made by the .EL~~ni~g_g<2~,!!lJ~sJQQ.. Director of Plonning
aAd--8evelepffieA-t may be appealed to the City Council in accordance with
g_I2~Ql~~LQ.Jl.~. 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.
D. 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 EI9_'!t!L~g 90rnrni~~~Qfl_ Director of GemtBtfOOy
Develepn:r€Ht, and its decision shall be final. (Ord. 1573, S 11.1, 1991;
Ord. 1543, S 11.1, 1991)
18
/7-2/
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. (Ord. 1810, (part), 1999; Ord. 1731, (part), 1996; Ord. 1543, S 12.1,
1991 )
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
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 should not significantly raise or lower the ground level
beneath tree drip lines. If the ground level is proposed for modification beneath
19
/ ]-;2 2..
the drip line, the architectJarborist 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 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 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 architect/arborist with
approval of staff.
20
17-c23
9. Any damage to existing tree crowns or root systems shall be repaired
immediately by an approved tree surgeon.
Disclaimer:
! his Cede of Ordinances and!ur any other documents thai appear on this site may not rofl(',ct the most CtI! [erlt ieu'slation
adopted by the Municipality. Anvmcan Legal F'ut)lishlno Corporation provide~; these documents fOf infofmational p1trposes
only. Theso documents should not be relied upon as the definitive authority for locallcoislation. Additionally. the
formattino and pagination of tho posted documents varies from the form;3tting and paginatil)n of the official copy. The
official printed copy of a Code of Ordinances should be consulted prior to any action being taken.
['or further information regarding the official version of any of this Code of Ordinances or other documents posted on this
sileo please contdct tf18 Municipalily dimctly or contact American Legal F'utJlishin~J toll-free at 800-445-5588.
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techsupport@amleqal.com
1.800.445.5588.
21
J 7-;<1
,
C L g II s I Db
-=# 11
Review of Agenda No.1? date Aug 15 2006
Proposed Amendments:
Paragraph 5 Background
This should Read:
Solar energy considerations.
To avoid a conflict of interest "when any or protected trees exist and can be future
"blockage of' solar energy" the City may and should not issue permits to the
development of a solarEnergy systems
Those sygtems via existing permits should be a cause for either tree adjustment
And or removal in order to allow "solar energy" to be collected.
Fair treatment to both trees and much needed renewable energy systems will, I believe,
be effected in the above amendment.
The above was submitted by (08 .14 .06)
Donald Anderson,
Phone 408 252 6593,
Or e-mail ..dlabucket@sbcglobal.net
,
rt:J{~e( c,(_-:>C{
81 t[ t G6
cAlL-
1:J--' J~~hl/1
,
Ct
8~rkb.
#/7.
,
Consideration of
The
Ordinance I asked the city to
Endorse
The ordinance as submitted was and is a request that the City should recognize
A possible conflict of interest between neighbors trees blocking solar energy
,
Aqccess to solar systems.
The ordinance is a desireable support to encourage tree owners and solar system
Neighbors to recognize and agree to reach for and have a plan to correct the
Problem.
a
Again~ the ordinance is an encouragement to solve the
problem without any other
Interferance. It is nothing more/Nothing Less.
,
This is what has happened when the ordinance was in effect and
For 10 ten years there has been no problem. For the City of Berkeley.Ca.
,
'Ct.J. 4 k-t. ~ ,M c--9J 4 ·
Donald L Anderson
a
,
,
a
,
,
Trees
Consideration Of
blocking Solar Energy
,
The present assumption expressed by the City is that trees are more important
I submit that this is wrong.
My neighbor does'nt have the right to interfere with access of things natural
Such as Solar Energy.
The real problem here is recognize that when permits to have and use "solar
Systems where issued "the city did not advise anyone that trees will or would
Interfere, and therefore,
The city should not have issued the permits
Therefore
Those who received permits incorrectly should not be denied access to the
Solar energy. The trees should be adiusted aqnd or removed as required so as to
Not block the energy.
,
All future permits( assuming the city still prefers to have trees instead of solar
Energy) for solar energy would be denied.
,
,
,
,
Consideration of Benefits
Of
,
Solar Energy systems
Versus Trees
,
I have a working Solar System that gathers all of my electrical
power needs and additional energy, which is sold, to my neighbors
The environmental benefits are that no natural gas is burned to
Create or distribute and so no carbon dioxide gases are created.
Without electrical power there would be a serious limitation of
trees. ,
Trees are beneficial to the environment because they absorb the
Carbon dioxides created by autos, buses, trucks and natural gas
consumption's by home air conditioning and clothes dryers and
Utility power plants.
The above is submitted to support the argument that they are both
Important. Neither is more important than the other.
Submited by,
Donald I Anderson
,
Phone 252 6593
E-mail ..dlabucket@sbcglobal.net
/ ,
,
Consideration of
The
Ordinance I asked the city to
Endorse
The ordinance as submitted was and is a request that the City should recognize
A possible conflict of interest between neighbors trees blocking solar energy a
Aqccess ~ solar systems.
The ordinance is a desireable support to encourage tree owners and solar system
Neighbors to recognize and agree to reach for and have a plan to correct the
Problem.
Again~ the ordinance is an encouragement to solve the
problem without any other
Interferance. It is nothing more/Nothing Less.
This is what has happened when the ordinance was in effect and
For 10 ten years there has been no problem. For the City of Berkeley.Ca.
a
.
Donald L Anderson
a
"
KI::: Irees and Solar Energy
Subject: RE: Trees and Solar Energy
From: "Richard Lowenthal" <richard@lowenthal.com>
Date: Fri, 11 Aug 2006 18:51: 11 -0700
To: "'Donald Anderson'" <dlabucket@sbcglobal.net>
Mr. Anderson,
I submit this as verification that the citizens problems were resolved because;
The City of Berkeley expressed it's governmental judgment via the "ordinance". AND
1. Solar systems and trees are equally beneficial for the City .
I don't know if they are equally beneficial, but they are both beneficial.
2.Any obstruction by neighbors of Trees to Solar systems are not acceptable by
the City.
We have not determined that. Historically, our Council has shown major interest in tree preservation.
The adjustm~nts to be made should be appropriate such that minimum
damage is made to the trees.
Agreed.
Do I want an ordinance ?'? Answere is yes!! but I don't expect a need for voluntary mediation.
But doesn't the Berkeley ordinance just ask for voluntary mediation?
When I ask my neigbor to agree to adjust his trees so as to not block the Solar Energy to reach
my Solar systems panels I believe the Cities Ordinance will verify that my request is valid and
appropriate. ,
Have you asked them to trim their trees?
I was advised that normal time to Submit and have a new "ordinance" would take as much as
6 months. Wit4 that in mind, I intend to approach my neighbors November this Year.
Good.
Jr
The Cities is presently without ANY reference to SOLAR Energy
That's not exactly true. We just changed our fee schedule to subsidize solar energy by dropping our fees far
below our costs. That was done specifically to encourage people to install solar panels.
This is the first opportunity to deal with what might be seen as a conflict of interest.
Trees are wonderful. Solar Energy is wonderful. We want and need both.
Correct. '
Neither should interfere with the other.
-# Yes, but they do.
,
In addition to the above considerations, I would strongly recommend that the City
lof2
08/12/20067: 11 AM
K'=': Trees and Solar Energy
-Ii
20f2
should have a solar collection system.
I agree with this too.
This would be a wonderful example for the citizens to do it as well.
Please consider any affordable incentives the city could offer to have a system.
E.G. The City could be involved in the publication of the cal states renewed
offer to offset material costs as they did 3 years ago.
Good idea. .
, ,
I will appreciate an opportunity to speek in the next agendas' gathering.
The issues herein are obviously of a complexity beyond the Counsels 3 minutes allowed.
I think that between written arguments and a 3 minute verbal one, you should be able to cover the
topic. It is very useful to have written information prior to the meeting. You are also welcome to
contact your other Councilmembers prior to the meeting.
I have read your proposal for modifying the tree ordinance. We should discuss it on Tuesday
evenmg.
,
Yours truly,
Richard Lowenthal
"
08/12/20067:11 AM
RE: Trees ~nd Solar Energy
,
Subject: RE: Trees and Solar Energy
From: "Richard Lowenthal" <richard@lowenthal.com>
Date: Fri, 11 Aug 2006 18:51:11 -0700
To: "'Donald Anderson'" <dlabucket@sbcglobal.net>
Mr. Anderson,
I submit this as verification that the citizens problems were resolved because;
t2~.41)/>. The City of Berkeley expressed it's governmental judgment via the "ordinance". AND
!I~<<N: 1. Solar systems and trees are equally beneficial for the City .
~------~ .
~ I don't know if ttlay are equally beneficial, but they are both beneficial.
2.Any obstruction by neighbors of Trees to Solar systems are not acceptable by
,
the City.
We have not determined that. Historically, our Council has shown major interest in tree preservation.
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The adjustments to be made should be appropriate such that minimum
damage is made to the trees.
--I- Agreed.
Do I want an ordinance?? Answere is yes!! but I don't expect a need for voluntary mediation.
........ But doesn't the Berkeley ordinance just ask for voluntary mediation?
When I ask my neigbor to agree to adjust his trees so as to not block the Solar Energy to reach
my Solar systems panels I believe. the Cities Ordinance will verify that my request is valid and
appropriate. 1
....-..
Have you asked them to trim their trees?
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I was advised that normal time to Submit and have a new "ordinance" would take as much as
6 months. With that in mind, I intend to approach my neighbors November this Year.
Good.
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$
(,.vtl'!ft"f;.'J'
The Cities is presently without ANY reference to SOLAR Energy
That's not exactly true. We just changed our fee schedule to subsidize solar energy by dropping our fees far
below our costs. That was done specifically to encourage people to install solar panels.
Iv' M yP i.'ts iJ!f
This is the first opportunity to deal with what might be seen as a conflict of interest.
Trees are wonderful. Solar Energy is wonderful. We want and need both.
Correct. .'
"'-l'-
.J:--It
Neither should' interfere with the other.
Yes, but they do.
In addition to the above considerations, I would strongly recommend that the City
1......c"')
08/12/20067: 11 AM
RE: Trees and Solar Energy
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should have a solar collection system.
-4i I agree with this too.
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This would be a wonderful example for the citizens to do it as well.
Please consider any affordable incentives the city could offer to have a system.
E.G. The City could be involved in the publication of the cal states renewed
offer to offset material costs as they did 3 years ago.
Good idea. .
'.
I will appreciate an opportunity to speek in the next agendas' gathering.
The issues herein are obviously of a complexity beyond the Counsels 3 minutes allowed.
~ I think that between written arguments and a 3 minute verbal one, you should be able to cover the
topic. It is very useful to have written information prior to the meeting. You are also welcome to
contact your other Councilmembers prior to the meeting.
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-f?~
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I have read your proposal for modifying the tree ordinance. We should discuss it on Tuesday
evemng.
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Yours truly,
Richard Lowenthal
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08/12/20067:11 AM