11. Tree ordinance
CITY OF
CUPEIUINO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
FJlX (408) 777-3333
Community Development Department
SUMMARY
Agenda Item No. --il-
Agenda Date: May I, 2007
Application
Applicant:
MCA-2006-02
City of Cupertino
Application Summary: Municipal Code Amendment of Chapter 14.18 (Heritage and
Specimen Trees)
RECOMMENDATION:
Staff recommends that the City Council approve amendments to Chapter 14.18, based
on the Model Ordinance attached as Exhibit A.
BACKGROUND:
The City Council directed the Planning Commission to review the existing tree
ordinance as a result of a preliminary study session the Council held in August of 2006.
The Council study session was held to stimulate preliminary discussion on ways to
update and clarify the ordinance. The Council particularly emphasized the need to
review sections concerning the protected status of trees, approval authority for tree
removals, penalties for illegal tree removals and noticing requirements. As a result; the
Council provided direction to the Planning Commission to review the ordinance and
make recommendations to address these concerns.
The Planning Commission held public hearings on September 26, October 24, December
12, January 23, and February 27. During these hearings, the Commission reviewed
sections of the existing ordinance as requested by the City Council, and also discussed
possible amendments pertaining to tree protection, solar panels, replacement trees,
protected tree sizes, clarifications and clean-up items, in-lieu fees, heritage trees, and
rear yard tree removals.
On March 13, 2007, the Planning Commission concluded its study sessions on the
proposed draft Protected Trees Ordinance (Chapter 14.18 of the Cupertino Municipal
Code) and recommended approval of a draft ordinance on a 3-2 vote (Commissioners
Wong and Miller voted No). The vote was not unanimous because agreement could
not be reached on whether additional trees should be added to the protected trees list,
whether in-lieu fees should be required where replacement trees cannot be
accommodated on site, and whether a finding should be added that would allow for
rear yard tree removals on single-family residential properties when such trees restrict
the economic enjoyment of a property.
/1-/
MCA-2006-02
Protected Trees Ordinance, Chapter 14.18
May 1, 2007
Page 2
DISCUSSION:
The draft Protected Trees Ordinance as recommended by the Planning Commission is
attached to this report as Exhibit A. The following is a list of the fundamental changes in
the draft ordinance and an explanation of the recommended changes:
Protected Trees
Removes the specimen tree table in the
definitions section and replaces it in the
new Protected Trees Section.
Adds the new Protected Trees Section
(14.18.035) providing a comprehensive
list of what is considered a protected
tree.
Standardizes the trunk size of the
particularly listed species of protected
trees to 10-inch DBH (diameter at breast
height) for single trunk trees and 20-
inch DBH for multi-trunk trees.
Adds "native" to oak trees.
· Adds Bay Laurel (California Bay) and
Western Sycamore trees to the protected
tree list.
· Adds Appendix B that includes photos
of the particular protected species of
trees.
Tree Replacements
Table A in Section 14.18.185 outlines the ·
tree replacement guidelines for tree
removal permits.
· New section clearly identifies a list 0
what is considered a protected tree.
· Standardizing the minimum trunk DBH
for the particularly listed species of trees
simplifies the ordinance.
· Specifying "native" oaks further clarifies
the type of oaks that are protected.
· Bay Laurel and Western Sycamore were
added based upon public input~
Commission voted primarily to require a
one-to-one replacement ratio with no
more than two 24" box or one 36" box
replacement trees for the removal of a
non-heritage protected tree; removal of a
heritage tree would require one 48" box
replacement tree.
. Commission felt that the City Arborist's
recommendations were excessive.
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MCA-2006-02
Protected Trees Ordinance, Chapter 14.18
May 1, 2007
Page 3
In-Lieu Fees
· Establishes an in-lieu fee
allowing the approval authority to
require in-lieu fees where replacemen
trees cannot be reasonably planted 0
the subject property.
· In-lieu fees would be based upon the
purchase and installation costs of the
replacement tree, except for removal 0
a heritage tree or tree with trunk size
greater than 36 inches that would be
based upon the valuation of the ISA
Guidelines.
Rear Yard vs. Front Yard Tree Removals
No differentiation is made between.
requests for a rear yard versus a fron
yard protected tree removal.
The rationale of the Commissioners who
did not support the in-lieu fees was if
trees could not be reasonably planted 0
site, then the site was likely over planted
from the beginning and a property
owner should not be penalized for over
planting.
. If the Council supports the in-lieu fees,
the Council will need to establish the city
tree fund and in-lieu fees, and include
these fees into the City's fee schedule.
· Commission asked that the City Council
provide direction on how to implement
use of city tree fund fees (e.g., if the
Public Works Department will oversee
the use of the city tree fund or if a
subcommittee is needed to establis
procedures for use of the fund, including
timing for use of fees, types of trees the
fund is to be used for and location of tree
lantin s .
An earlier version of the draft ordinance
included a finding that would allow for
rear yard tree removals where such trees
restrict the economic enjoyment of a
single-family residential property, bu
this was removed by the majority vote 0
the Commission.
· The rationale of Commissioners who
wanted to allow for rear yard tree
removals felt that rear yard protected
trees are not as valuable to the
community as trees elsewhere on a
property .
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MCA-2006-02
Protected Trees Ordinance, Chapter 14.18
May 1, 2007
Page 4
· Establishes a new Tree Managemen · Staff recommended establishment of a
Plan section (14.18.145) tree management plan process and fee to
· A property owner may voluntarily simplify the ordinance, allowing for the
apply for approval of a tree thinning out/removal of trees in the
management plan that includes criteria future to prevent overcrowding of trees
for removal of certain trees on a subject on a property.
property in the future by anticipating. If the Council establishes the tree
the eventual growth of trees that may management plan, the Council will need
require removal to preven to add a filing fee to the fee schedule.
overcrowding of trees. · Staff recommends applying a flat fee 0
Trees removed in conjunction with an $992 that is equivalent to a Director's
approved tree management plan would Minor Modification application fee, since
be exempt from a separate tree removal the review process is similar to this type
permit, unless the tree is a heritage tree. of application.
Tree Removal Perinit Authority (14.18.150)
· Allows the Director of Community.
Development to review and determine
tree removal permits, except for
heritage tree removals and tree
removals in conjunction wit
development applications requirin
DRC, Planning Commission or City
Council approval.
This is consistent with Council's
direction in August 2006 to simplify the
ordinance by allowing some tree removal
permits to be determined at staff level.
Exemptions (14.18.140)
Adds "dead trees" to the exemptio
section.
· Adds clarification to the explanation 0
a "hazardous" or "dangerous" tree tha
is exempt from requiring a tree removal
permit prior to removal.
· Allows the Director of Community
Development to approve retroactive
dead and hazardous/dangerous tree
removals.
· This section clarifies exemptions for dead
trees and hazardous/ dangerous trees.
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MCA-2006-02
Protected Trees Ordinance, Chapter 14.18
May 1,2007
Page 5
Retroactive Tree Removals
Adds a new Retroactive Tree Removals
section (14.18.188).
· Allows for the Director of Community
Development to review and make
determinations on a retroactive tree
removal, subject to the requirements 0
a tree removal permit.
Establishes requirement for a retroactive
tree removal fee.
Heritage Tree Designation (14.18.040)
· Incorporates application requirements.
· Clarifies that a heritage tree on a private
property may only be nominated by the
property owner, but a heritage tree on a ·
publici quasi-public can be nominated
by any member of the public.
· Clarifies that the Planning Commissio
is the designated authority for heritage
trees.
Heritage Tree Identification (14.18.080)
· Adds "Heritage Tree" to the sectio
title.
Adds a contact phone number to the
tag.
Removes "Please" and merely states
"Do not prune or cut before contactin
the City Planning Department at (408)
777-3308.
· The rationale behind the Retroactive Tree
Removal section is to discourage such
tree removals by imposing a higher fee,
rather than imposing penalties. A
further discussion on the difficulties i
assessing penalties is described later in
this report.
· The Commission is recommending to
establish a retroactive tree removal fee
that is equivalent to the current Planning
Commission Tree Removal applicatio
fee of $2,536 (as a basis for cost recovery).
This would serve as a "stick" approach to
discourage these types of removals.
· The Commission also is recommend in
that the Council provide a "carrot"
approach that would significantly lower
the application fee for a non-retroactive
tree removal. Staff will explain this
a roach later in the re ort.
· Current ordinance does not specify a
process for nominating and designating a
heritage tree.
New language creates a process and
provides an explanation for nominatin
and designating a heritage tree.
· Changes are incorporated for clarity 0
this section and to enforce that heritage
trees are not to be pruned or cut before
contacting the Planning Department for
further information.
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MCA-2006-02
Protected Trees Ordinance, Chapter 14.18
May 1, 2007
Page 6
Noticing
· Requires that a notice be posted on the ·
tree or property on which the tree is
located for which a tree removal permi
application has been submitted.
· Requires that the property owner who
has received approval of a tree removal
ermit resent roof u on re uest.
Commission concurred with staff's
recommendations to require posting 0
the tree or site on which the tree is
proposed to be removed and for a
property owner to show proof of a
approved tree removal permit upo
re uest.
Penalties
At the preliminary study session held by the City Council in August of 2006, the Council
recommended that the Planning Commission review and recommend penalty
procedures for trees removed without prior approval of a permit. During the
Commission's study sessions, the Commission reviewed penalty procedures from
several surrounding communities, including Campbell, Los Gatos, Los Altos, Saratoga,
Morgan Hill and Palo Alto, and found that the penalties varied widely between these
communities. Although some of these cities have administrative hearing processes set up
to handle such penalties, the City Attorney indicated that establishing such a process in
Cupertino would increase staff time, processing time and also costs to the City to
administer these hearings, particularly since they could not be conducted by City staff.
Also, it would be difficult to assess penalties for removal of trees in each instance, since
the reasons for tree removals vary from case to case. For example, the Commission
indicated a desire not to heavily penalize those property owners of single-family
residential properties that inadvertently removed protected trees without knowledge of
the ordinance requirements. Therefore, the Commission did not further pursue this
method of imposing penalties.
Therefore, an alternative method to a penalty procedure is recommended. If the
objective of the tree removal process is to replant trees for tree removals and if an
applicant were willing to follow the prescribed tree replacement table standards, then
the applicant could follow the tree removal requirements, but would then pay a
retroactive tree removal permit fee. The fee would be a much higher fee than a non-
retroactive tree removal fee to compensate for additional administrative time and cost to
review the application. Rather than a penalty, the fee would serve as a "stick" approach
to discourage removal of trees without a permit.
The Commission is recommending that the Council consider staff's recommendation to
require the fee amount that is currently charged for a Planning Commission Tree
Removal Permit, which is $2,536. The City Council will need to establish this fee and
add it to the fee schedule.
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MCA-2006-02
Protected Trees Ordinance, Chapter 14.18
May 1, 2007
Page 7
Tree Removal Permit Fees
The "carrot" approach as recommended by the Commission includes significantly
lowering the tree removal permit fees to encourage the public to apply for tree removal
permits before removing the tree than illegally removing it. During the study sessions,
the Commission heard from several members of the public who complained about the
tree removal permit fees. Additionally, some public comments stated that some tree
removals have been done illegally because the property owners felt the tree removal fees
were too excessive.
Therefore, the Commission concurred with staff's recommendation to recommend that
the Council reduce the fees to a $150 tree removal permit fee for the first tree removal
request and $75 for each additional tree requested to be removed on the same property.
If the Council considers this tiered approach to tree removal fees, the Council will need'
to establish these fees and add them to the fee schedule.'
Public Comment
During the study sessions~ the Planning Commission heard from several members of the' .
public who provided comments and concerns on the following issues:
· Additional trees should be added to the protected trees list, particularly if they are.
native trees.
· The existing tree removal fees are excessive, particularly for single-family. home
owners.
· Allowances should be provided to remove trees if they block use of solar energy'
panels.
Request that PG&E use special insulated wires to reduce the amount that trees are
pruned to provide clearance from wires.
· The City should not dictate which trees can or cannot be removed from private
properties and that this should be left to the property owners.
· The tree removal permit requirement for a public hearing is excessive,
particularly for single-family homeowners.
Any additions to the protected tree list should be limited to specimens that have
clear value, meaning that they are irreplaceable in a generation and are majestic in
appearance when mature.
Additional Action Items
In conjunction with the approval of a draft Protected Trees Ordinance, the Council will
also need to address the following if new fees are to be established:
· Lower the tree removal permit fees to $150 for the first tree and $75 for each
additional tree requested to be removed from a property and include these fees in
the fee schedule.
11-7
MCA-2006-02
Protected Trees Ordinance, Chapter 14.18
May 1, 2007
Page 8
· Establish a retroactive tree removal permit fee of $2,536 and include this fee in the
fee schedule.
· Establish a tree management plan fee of $992 and include this fee in the fee
schedule.
· Establish an in-lieu tree replacement fee and City tree fund in which the in-lieu
fees are to be deposited. The Council needs to determine how to implement the
use of the City tree fund (e.g., if the Public Works Department will oversee the sue
of the fund, or if a subcommittee is needed to establish procedures for use of the
fund).
Prepared by: Aki Honda Snelling, Senior Planner
Approved by:
.I
~~ Knapp
City Manager
Attachments
Planning Commission Resolution No. 6452.
Exhibit A: Model Ordinance
Exhibit B: Existing Heritage and Specimen Trees Ordinance
Exhibit C: Minutes of March 13, 2007 Planning Commission meeting
Exhibit D: Planning Commission Staff Report of March 13, 2007, including all previous
reports and attachments
/1-8
MCA-2006-02
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
No. RESOLUTION 6452
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 14.18 OF THE
CUPERTINO MUNICIPAL CODE RELATED TO PROTECTED TREES
-----------------------------------------------------------
-----------------------------------------------------------
Recommendation of approval is based on Exhibit A.
-----------------------------------------------------------
-----------------------------------------------------------
PASSED AND ADOPTED this 13th day of March 2007 at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll .call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Chairperson Giefer, Vice Chair, Chien, Kaneda
COMMISSIONERS: Wong, Miller
COMMISSIONERS: none
COMMJSSIONERS: none
1" ~
ATTEST:
APPROVED:
I s I Steve Piasecki
Steve Piasecki, Director
Community Development
I s/Lisa Giefer
Lisa Giefer, Chairperson
Planning Commission
G :\Planning\PD REPORT\RES\2006\MCA-2006-02, Trees.doc
JI-q
Exhibit A
Proposed text is underlined. Deleted text is struck through
MODEL ORDINANCE
AN ORDINANCE OF THE CITY OF CUPERTINO. AMENDING CHAPTER 14.18
OF THE CUPERTINO MUNICIPAL CODE RELATED TO PROTECTED TREES
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN
AS FOLLOWS:
Chapter 14.18 of the Municipal Code of Cupertino is hereby amended to read as follows:
CHAPTER 14.18:
PROTECTED TREES
Section
14.18.010 Purpose.
14.18.020 Definitions.
14.18.025 Actions Prohibited.
14.18.030 R~tention promoted.
14.18.035 Protected trees.
14.18.040 Heritage tree ~esignation.
14.18.050 Heritage tree list.
14.18.060 Plan of protection.
14.18.070 Recordation.
14.18.080 Heritage Tree Identification tag.
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14.18.000 Application to remove.
14.18.100 Notioe liot to aooompany application.
14.18.110 Appeal
14.18.120 Permit required for removal
14.18.130 Enforcing authority.
14.18.140 Exemptions.
14.18.145 Tree Management Plan
14.18.150 Application and Approval Authority for Tree Removal permit.
14.18.160 Director to inspect.
14.18.170 Reviow of aApplication Requirements.
14.18.175 Noticing
14.18.180 Review and determination of application standards.
14.18.185 Tree Replacement.
14.18.188 Retroactive tree removal permit.
14.18.190 Protection during conservation.
14.18.200 Protection plan before permit granted.
14.18.210 Applicant to guarantee proteotion.
14.18.220 Notice of action on permit-Appeal.
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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. Protected trees are considered a valuable asset to the community.
The protection of such trees in all zoning districts is intended to preserve this
valuable asset. The City finds that the preservation of specimcn protected -aA6
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 protected specimen and heritage
trees within the City in order to retain as many trees as possible, consistent with
3
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the individual rights to develop, maintain and enjoy private and public property to
the fullest possible extent.
Specimen and heritage trees are oonsidcred a valuable aoset to the
community. The proteotion of suoh trees in all zoning dbtrioto including
residential zones is intended to preserve this valuable asset. (Ord. 1573, S 2,
1991; Ord. 1543, S 2,1991)
14.18.020 Defmitions.
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. 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
development, including but not limited to subdivision of property,
rezoning, architectural and site approval, two-story residential permit,
minor residential permit, planned unit development, variance, and use
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 Architectural and Site
Approval Committee to have a special significance to the community.
D. "Oak tree" shall include all treeD of oak genus, including, but not limited
to, the Valley 001< (Quercus lobata) and California Live 001< (Qucrcuo agrifolia).
4
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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. "Protected Specimen tree" means any class of tree specified in Section
14.18.035.any of the follmving:
1. ^ tree described on the table below:
Meaourement Single Trunk Multi Trunk
From Natural Diameter.' Diameter.'
Speoieo Grado Circumference Circumference
Native Trees:
001< trees ~ 10" (31") 20" (63")
California ~ 1 0" (31") 20" (63")
Buckeye
Big Leaf Maple ~ 12" (38") 25" (70")
Nonnative TreeD:
Deodar Cedar ~ 12" (38") 25" (70")
I
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I ~::Ias /4-W 112" (38") 126" (79")
2. ^ tree required to be protected a::; a part of a zoning, tentative map, use
permit, or privacy protection requirement in an R 1 zoning diGtrict.
J. "Tree removal" means any of the following: (1) Complete removal, such
as cutting to the ground or extraction, of a protected tree or (2) Severe pruning,
which means the removal of more than one-fourth of the functioning leaf and
stem area of a protected tree in any twelve-month period the dCGtruction (in a
twel'v'e month period) of r....enty five percent or more, as determined by the
Community Development Director, of any heritage or apecimen tree by cutting,
retarding, girdling or applying chemicab. (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
A. It is unlawful to remove or kill any protected tree; and
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.
Heritage and Protected Gpccimcn 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, 94.1,1991)
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14.18.035 Protected Trees.
Except as otherwise provided in Section 14.18.140, Exemptions, the
following trees shall not be removed from private or public property, including
street trees subject to Chapter 14.12 of the Cupertino Municipal Code, without
first obtaining a tree removal permit:
A. Heritage trees in all zoning districts.
B. All trees of the following species (See Appendix B) that have a minimum
single-trunk diameter of ten inches (31-inch circumference) or minimum
multi-trunk diameter of 20 inches (63-inch circumference) measured 4-1/2
feet from natural grade:
1. Oak trees (native)
2. California Buckeye
3. Big Leaf Maple
4. Deodar Cedar
5. Blue Atlas Cedar
6. Bay Laurel or California Bay (Umbellularia californica)
7. Western Sycamore (Platanus racemosa)
C. Any tree required to be planted or retained as part of an approved
development application, building permit, tree removal permit or code
enforcement action in all zoning districts.
D. Approved privacy protection planting in R-1 zoning districts.
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14.18.040 Heritage tree DQesignation.
Application for designation of a heritage tree may only be initiated by the
owner of property on which the tree is located, unless the tree is located on
public or quasi-public property. Any person may apply for designation of a
heritage tree if the tree(s) are located on public or quasi-public property. An
application for a heritage tree designation shall include:
1. Assessor's parcel number of the site;
2. Description detailing the proposed heritage tree's special aesthetic,
cultural, or historical value of significance to the community; and
3. Photographs of the tree(s).
Application for designation of a heritage tree shall be referred to the Planning
Commission for review and determination in accordance with Section 19.124 of
the Cupertino Municipal Code.
The Planning Commission, may, by resolution, designate a tree or grove of
trees as a heritage tree(s).
Prior to adoption of such a rc~:;olution, not Icos than ten dayo 'Nritten notice
ahall be delivered to the owner. If the ovmer of the property prote3ts the
de3ignation an appeal can be initiated. (Ord. 1715, (part), 1996; Ord. 1630,
(part), 1993; Ord. 1543, S 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, S 4.3, 1991)
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14.18.060 Plan of Protection.
As part of a development application:
A. The approval authority Planning Commboion shall adopt conoider a
maintenance plan of protection for protected trees.developed by the Community
Development Department or a City retained certified arborbt. The protection
plan shall include information for correct pruning, maintenance and fertilization
methods. It shall be the property owner(s)' responsibility to protect the trees.
B. It ahall be the property owner(s) reoponaibility to proteot the troe. The
plan ahall be provided for hie/her une at hie/her diacrotion in ordcr to obtain the
retention objection.
BG. 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 his/her their O'im lot, is Rat 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, SS 4.4,4.5,1991)
14.18.070 Recordation.
All protected Heritage and specimcn trees required to be retained as part of a
development application under Section 14.8 1.02012 14.18.035C, exceptfor
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 prior to final map or building permit issuance, or
at a time as designated by the Director of Community Development when not
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associated with a final map or building permit issuance. at the time of usc permit,
zoning, tentativc map or initial/nc'll building pcrmit bsuancc. (Ord. 1573, 9 4.6,
1991; Ord. 1543,94.6,1991)
14.18.080 Heritage Tree 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. _ is protected by the Protected Trees Ordinance.
Please dDo not prune or cut
before contacting the City Planning Department at (408) 777-3308.
(Ord. 1543,94.7, 1991)
14.18.990 l-,.pplieatiaR to Remo.ie.
If an application for heritagc tree rcm O\m I is oubmitted, the rcqucot shall be
fOJV.'arded to thc Planning CommbGion f-or review and approval. It iG the
applicant's reGponGibility to provide oupporting documentG aG requeGted by otaft
or thc Planning Commiaaion. (Ord. 130, (part), 1003; Ord. 1543, S 4.8,1001)
14.18.109 Notiee List tal,.eeompaRY ApplieatioR.
The applicant ohall provide .....ith the application a liGt of nameo of all persons
ovming and/or ocoupying real property located within three hundred feet of tho
property involved in the application. 'Nhere a property io a multifamily d\velling
with more than four unit:), tho name of the building manager will be supplied on
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the list. Notice of thc Planning Commission hearing will be mailed to the names
on the list. (Ord. 1630, (part), 1003; Ord. 1543, ~4.0, 1001)
14.18.110 "~,.ppeal.
J\n appeal of thc Planning CommisGion's decbion may be Gubmitted to the
City Council, in care of the City Clerk \a:ithin five 'Norking days of the decision. No
tree Ghall be removed until the appeal proce:JG has been concluded. (Ord. 1630,
(part), 1003; Ord. 1573, ~ 4.10,1001; Ord. 1543, ~4.10, 1001)
14.18.120 Permit Required far Removal.
Except ac provided in Section 14.18.140, no person shall directly or indirectly
remove or cause to be rcmoved any specimen or heritage tree as herein defined,
'Nithin the City limits, without firot obtaining a permit to do so in accordance with
the procedures set forth in thb chapter. (Ord. 1543, ~ 5.1, 1001)
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.
The following situations do not require a tree removal permit prior to
removal:Thio chaptcr docs not apply to the follo'....ing:
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 wind velocities, a tree deemed unsafe, or a tree having the potential to
11
1/-;;20
damage existing or proposed essential structures), upon order of the Director of
Community Development, or any member of the sheriff or fire department.
However,-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. The
Director of Community Development will approve the retroactive tree removal
permit application and may require tree replacements in conjunction with the
approval. No application fee or other approval process shall be required in this
situation.
!!:&-Dead trees, in the opinion of the Director of Community Development.
However, a subsequent application for a tree removal must be filed within five
working days as described in Section 14.18.150 - 14.18.170 of this chapter.
The Director of Community Development will approve the retroactive tree
removal permit application and may require tree replacements in conjunction
with the approval. No application fee or other approval process shall be
required in this situation. Removal of all deciduous, fruit bearing trees.
C. Thinning out/removing of trees in accordance with a recorded tree
management plan that has been approved in accordance with Section
14.18.145. No tree removal permit is required.
C. J\n approval f-or the remo'Jal of any tree granted by virtue of a zoning,
UGe permit, 'Jariance, tentative map, or Planning Commission application
approval.
D. Removal of any tree in a developed residential Dingle family, reoidential
duplex, agrioultural reoidential and reoidential hillGide zoning district, exoept
heritage, specimen or treeD plantcd to oomply with privacy protection purouant
12 //--:2(
to Chapter 10.28 (Single Family Reoidential (R 1) Zonea) except thoDc planted
on the affcc-ted property ownem lot.
DE. 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. 1543,97.1,
1991 )
14.18.145 Tree Management Plan
A tree management plan may be approved for a property that includes
criteria for the removal of certain trees in the future by anticipating the eventual
growth of trees on the property and specifying a time frame in which the trees
may require removal to prevent overcrowding of trees. The property owner shall
have retention information placed on the property in accordance with Section
14.18.070, referring to the approved tree management plan. For a tree
management plan associated with a development application, the tree
management plan shall be approved in conjunction with the approval of a
landscape plan on the subject property. The tree management plan shall include
the following:
A. A tree plan indicating all existing trees to be retained and all new
trees to be planted that are part of the approved landscape plan.
B. Labeling of the species, size in DBH at planting time or at time
of tree management plan approval, location and eventual growth
size of each tree on the plan.
13
Il-d-d-
C. A written explanation of the specific tree(s) to be removed to
prevent overcrowding, including the eventual growth size in
DBH at which time the tree is to be removed, and a time frame
in which the tree(s) will reach the eventual growth size.
The tree management plan shall be approved by the authority approving
the landscape plan prior to recordation of the tree management plan. The
Director of Community Development shall review and approve the tree
management plan where no landscape plan is required.
Trees that are listed to be removed in the tree management plan may be
removed within the specified time frame per the tree management plan without a
tree removal permit, except for trees designated as heritage trees. No heritage
trees shall be permitted to be removed in conjunction with an approved tree
management plan.
14.18.150 Application and Approval Authority for Tree Removal Permit.
A. A No person shall directly or indirectly remove or cause to be
removed any protected tree without first obtaining a tree removal permit,
unless such tree removal is exempt per Section 14.18.140. Applications
for a tree removal permit specimcn or heritagc 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. B. Applications for protected heritage tree removal shall be referred
to the Director of Community Development Planning Commiooion for
final review and determination approval in accordance with Sections
14.18.000, 14.18.100 and 14.18.110 Section 14.18.220 and Chapter
14
11-;)3
19.124, except for heritage tree removals and tree removals in
conjunction with development applications."; The Director of Community
Development may approve, conditionally approve, or deny the
application for a tree removal permit. A tree replacement requirement
may be required in conjunction with the tree removal permit. The
applicable tree removal permit fee shall apply. RCqUC3tS ahall bc
rovic'Ned pumuant to Section 14.18.110.
C. Application for tree removals in conjunction with a development
application shall be considered by the approval authority concerning the
same property as the affected tree removal permit application, and the
determination on the tree removal permit shall be made concurrently by
the approval authority.-
D. Application for removal of a heritage tree shall be referred to the
Planning Commission for final review and determination in accordance
with Section 14.18.220 and Chapter 19.124.-(Ord. 1630, (part), 1993;
Ord. 1573, 98.1 (part), 1991; Ord. 1543, 9 8.1 (part), 1991)
14.18.160 Director to Inspect.
Up~>n receipt of an application for removal of a protected opeeimcn 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/her 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 conditione.
Thc Dircctor of Community DC'v'elopmcnt may, aD a condition of granting a permit
15
jl-dL(-
for removal of a cpecimen tree, require the applicant to replant or replace a tree
with more than one tree when juotified to replace lost tree canopy. (Ord.
1573,98.1 (part), 1991; Ord. 1543,98.1 (part), 1991)
14.18.170 Review of Application Requirements.
A request for removal of any heritage or protected opecimen tree shall include
the following:
A. Application information. Application for a tree removal permit
shall be available from and filed with the Community
Development Department and shall contain the following
information, unless waived by the Director of Community
Development:
1. A written explanation of why the tree(s) should be removed;
2. Photograph(s) of the tree(s);
3. An arborist report from a staff-approved arborist, certified by the
International Society of Arboriculture, when required by the
Director of Community Development;
4. Signature of the property owner and homeowner's association
(when applicable) with proof of a vote of the homeowner's
association.
5. Replanting plan
6. Other information deemed necessary by the Director of
Community Development to evaluate the tree removal request;
7. Permit fee, where applicable;
8. Tree survey plan indicating the number, location(s), variety and
size (measured four and a half feet above grade) of tree(s) to be
removed.
protected by a condition of approval aocociated with a zoning,
tentative map, UGe permit, variance and architeotural and Gite
16
J(~;25
approval application may be approved by the Director of
Community Development if deemed unsafe or diseased or can
caUGe potential damage to existing or propoGed essential
structureG. The Director of Community Development may aloo
require the applicant, at his o't'm expense, to furniGh a report from a
Gtaft approved arborist, certified by the International Society of
^boriculture. If removal is requeoted for any other reason, the
application shall be referred to the Planning CommiGGion "vhich
originated the condition. Notice of any public hearing under thb
chapter Ghall be given in the Game manner as provided in Chapter
10.116 ofthb code. (Ord. 1835, (part), 1000; Ord. 1715, (part),
1006; amended during 12/03 Gupplement; Ord. 1630, (part), 1003;
Ord. 1543, S8.1 (part), 1001)
14.18.175 Notice and Posting
A. Notice of any decision of the Director of Community Development and
Design Review Committee shall be given in the same manner as provided
in Section 19.28.100B.
B. Notice of any public hearing under this chapter shall be given in the same
manner as provided in Chapter 19.124 of the Cupertino Municipal Code.
However, notice of such hearing shall be mailed to each owner of record
of real property within five hundred feet of the exterior boundary of the
property for which the application is sought.
C. A notice shall be posted on any tree or property on which the tree is
located for which a tree removal application has been submitted. The
notice shall be posted ten days prior to any public hearing considering the
17
11-;)&
tree removal application or the decision of the Director of Community
Development or Design Review Committee.
D. Where approval of a tree removal permit is granted by the City, the
property owner shall post the tree removal permit on site until the tree is
removed or shall present proof of the tree removal permit upon request.
14.18.180 Review and Determination of Application Standards.
~ - The approval authority shall approve a tree removal permit only after
making at least one of the following findings:Each requeat for tree removal shall
be evaluated ba~cd upon the standarda liated under aubsectiono ^ and B belmv.
Appro'/al of a permit to remove a apecimen or heritage tree may be granted if
one or both of the atandarda b met.
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 cannot be
controlled or remedied through reasonable relocation or modification of the
structure or utility services;
2. 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, and the
applicant has demonstrated to the satisfaction of the approval authority that there
are no reasonable alternatives to preserve the tree(s).
18
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3. That the protected tree(s) are a detriment to the subject property
and cannot be adequately supported according to good urban forestry practices
due to the overplanting or overcrowding of trees on the subject property.
B. The approval authority may refer the application to another
department or commission for a report and recommendation.
C. The approval authority shall either approve, conditionally
approve or deny the application.
D. The approval authority may require a tree replacement
requirement in conjunction with a tree removal permit. (Ord.
1573,99.1,1991; Ord. 1543,99.1,1991)
Section 14.18.185 Tree Replacement
A. The approval authority may impose the following replacement
standards for approval of each tree to be removed in conjunction with an
approved tree removal permit, unless deemed otherwise by the approval
authority:
Replacement trees, of a species and size as designated by the approval
authority and consistent with the replacement value of each tree to be
removed, shall be planted on the subject property on which the tree(s) are
to be removed in the location(s) as designated by the approval authority.
Table A may be used as a basis for this requirement. The person
requesting the tree removal permit shall pay the cost of purchasing,
planting and maintaining the replacement trees.
B. If a replacement tree for the removal of a non-heritage tree or tree with
trunk size equal to or less than 36" cannot be reasonably planted on the
subject property, an in-lieu tree replacement fee based upon the purchase
and installation cost of the replacement tree as determined by the Director
of Community Development shall be paid to the City's tree fund to:
19
//-;)"9
1. Add or replace trees on public property in the vicinity of the
subject property; or
2. Add trees or landscaping on other City property.
C. For removal of a heritage tree or tree with a trunk size greater than a
36 inches, the in-lieu tree replacement fee shall be based upon the
valuation of the removed tree by using the most recent edition of the ISA
Guide for Plant Appraisal published by the Council of Tree and Landscape
Appraisers.
Table A - Replacement Tree Guidelines
Trunk Size of Removed Tree Replacement Trees
(Measured 4 % feet above grade)
Up to 12 inches One 24" box tree
Over 12 inches and up to 18 inches Two 24" box trees
Over 18 inches and up to 36 inches Two 24" box trees
or
-
One 36" box tree
Over 36 inches One 36" box tree
Heritage tree One 48" box tree
14.18.188 Retroactive Tree Removal
An application for a retroactive tree removal shall be required for any
protected tree removed prior to approval of a tree removal permit. The
application shall be filed with the Department of Community Development on
forms prescribed by the Director of Community Development and shall be subject
20
/(-,;)/
to the requirements of a tree removal permit. The application shall pay a
retroactive tree removal permit fee.
14.18.190 Protection During Construction.
Protected Spccimen, hcritagc trees and other trees/plantings required to be
retained by virtue of a development application, building permit, or tree removal
permit zoning, Gubdivision, UGe pcrmit, variance, or Architectural and Sitc
^pproval Committee application approval, and all trees protected by this chapter
shall be protected during demolition, grading and construction operations. The
applicant shall guarantee the protection of the existing tree(s) on the site through
a financial instrument acceptable to the Director of Community Development.
(Ord. 1543, 9 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
21
/1-3()
minor in nature and whether the activity will significantly modify the ground area
around the tree drip line. (Ord. 1543,9 10.2, 1991)
14.18.210 A,pplieant to CuaraBtee Proteetiof1..
The applicant 3hall guarantee thc protection of the cxiGting trcc(3) on the Gite
through a financial instrument 8cccpt8ble to the Director of Planning and
Development. (Ord. 1543, S 10.3, 1001)
14.18.220 Notice of Action on Permit-Appeal.
A. Notice of the decision on an application for a protected Gpecimen tree
removal permit by the approval authority Director of Community De'/elopmcnt or
hin deGignated reprooentativc, shall be mailed to the applicant.
B. Any decision made by the Director of Community Development or
Design Review Committee Director of Planning and Development may be
appealed in accordance with Chapter 19.134.
C. Any decision made by the Planning Commission may be appealed to the
City Council in accordance with Chapter 19.136. 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 Director of Community Development or
Planning Commission Director of Community Development, and its
decision shall be final. (Ord. 1573, 9 11.1, 1991; Ord. 1543, 9 11.1,
1991 )
22
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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, 912.1,
1991 )
23
/1- 3 ~
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
the drip line, the architect/arborist 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
Community Planning and Development.
24
1(- 33
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.
~ 9T--Any damage to existing tree crowns or root systems shall be repaired
immediately by an approved tree surgeon.
10. No storage of construction materials or parking shall be permitted within the
drip line area of any tree designated to be saved.
11. Tree protection regulations shall be posted on protective fencing around
trees to be protected.
25
/1-31
APPENDIX B
REFERENCE PHOTOS OF SPECIMEN TREES PROTECTED IN
ACCORDANCE WITH SECTION 14.18.035
EXAMPLES OF SOME OAK TREE VARIETIES
VALLEY OAK
,,~~, -r~-/~ ,
ff.- . '.:,/..' ~~...
;j' 41. ~ ,,,'
,...,
~.. .
~.<~ ~ ~'.'
.. <<(j~" J ! ~ ~ "
"{ji'~. "",~ ~ :- ;,'~.
..<t'- -I t'. ,z' ...... ..r~ t .
.... , I. _"}',... n, ,,"" i':..,-4'\;,.'
"': ,t?' :;:~ ,:~(
1. . ,.I ,'.t.1,
..t., ,- < ,..... -.., ~~:'
.~ .("f. '~. --' .'";.~:t f.
.... ,t " ~ ..
:/F- *'~
..
COAST LIVE OAK
. ~:~
,.
....
26
)(- 35
A~ CANYON LIVE
~
;,; OAK
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.
.'
;~ k~ '4-
- -;' '~~" '
~'~~ -;~
V"~ ,/
.... ....
.. ~r
...
BLACK OAK
27 11_ 3~
CALIFORNIA BUCKEYE
,,:-..
~.
~
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"f,
....
~~'l.... .
.. ~~$
~.
BIG-LEAF MAPLE
~.
. "
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" ~.
......
J
28 /1_ 37
DEODAR CEDAR
BLUE ATLAS CEDAR
~: "
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, ~
,7/,. o"'s' ,~.f ,~\. '
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(f ~Wi'~ :{ l/~:fr
,:,{'I.'S, " ,,:'
29 11_ 38
WESTERN SYCAMORE
BAY LAUREL OR CALIFORNIA BAY
30 11- 31
APPENDIX B '
REFERENCE PHOTOS OF SPECIMEN TREES PROTECTED IN
ACCORDANCE WITH SECTION 14.18.035
EXAMPLES OF SOME OAK TREE VARIETIES
Vallev Oak
Coast Live Oak
Canyon Live Oak
Black Oak
CALIFORNIA BUCKEYE
r"
"-
'".
~.,
~.
~l ;;;,..
~~.'"
.... ~.
BIG-LEAF MAPLE
,.
<..
. .,
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" ~,:- -
... '''-
DEODAR CEDAR
BLUE ATLAS CEDAR
WESTERN SYCAMORE
BAY LAUREL OR CALIFORNIA BAY
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31
II-ifC
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
Exhibit B
CHAPTER 14.18: HERITAGE AND SPECIMEN TREES
Purpose.
Defmitions.
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 Ce.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. COrd. 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. "Persqn" 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
tl-q/
14.18.020
Cupertino - Streets, Sidewalks and Landscaping
34
H. "Public property" includes all property owned by
the City or any other public agency.
1. "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"' (31"') 20" (63")
Buckeye
Big Leaf 4-1/2 ' 12" (38") 25" (79")
Maple
Nonnative Trees:
Deodar 4-112 ' 12" (38") 25" (79")
Cedar
Blue Atlas 4-1/2 ' 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 -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, 9 3, 1991; Ord. 1543, 9 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 shaIl conduct an annual review of
the status of heritage trees and report the fmdings to the
Planning Commission. (Ord. 1715, (part), 1996; Ord.
1543, 9 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, 94.2, 1991)
2006 S-9 Repl.
14.18.050 Heritage Tree List.
A heritage tree list shall be created and amended by
resolution. The list shaIl include the reason for designation,
. tree circumference, species name, common name, location
and heritage tree number. (Ord. 1543, 94.3, 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 shaIl 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, 994.4,4.5, 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. 1573,94.6,1991; Ord. 1543,94.6, 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 c~
before contacting the City.
(Ord. 1543, 94.7, 1991)
14.18.090 Application to Remove.
If an application for heritage tree removal is submitted,
the request shaIl be forwarded to the Planning Commission
(
II-t.{ (7
35
Heritage Wllld SpKRmelll 1'lr~
14. JU;.OO9
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 tll) Accompany Al[J>pMcatiol!1.
The applicant sh.all provide with the application a list
of names of all persons owning andlor occupying real
property located witl1in three l1W1dred feeK 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 OD the list. Notice of
the Planning 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 has 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.
(Ord. 1543, ~ 5.1, 1991)
14.18.130 Enforcing Authority.
The Director of Community Development, or hislher
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 purSl,laIlt
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 regulatioll1S, or
to maintain the safe operation of their facilities. (Ord.
1835, (part), 1999; Ord. 1715, (part), 1996; Old. 1630,
(part), 1993; Ord. 1543, ~ 7.1, 1991)
14.UUSO AJi1IJi1IMCIilI@;]oJID EOI!' lP'eli1llIDl1t.
A. Applications for specim.en or heritage tree
removal permits shall be filed with lhe Deparlment 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
hislher 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 applic!I.D.t, 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,
~ 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
fl-lfJ
14.1G.17iJ)
C1!1!jp)ertmo ~ JPlHts Bllllld lR~lieatn4))1m
36
his own expense, to furnish a reportfrom a staff-approved
arborist, certified by the Intematiooal Society of
Aboricu1ture. If removal is requested for ;my other relhSOl!l,
the application shall be referred to the Planning Commission
which originated the condition. Notice of any public
hearing Wlder this chapter sha.ll be giveI!l 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; Ora. 1543,
~ 8.1 (part), 1991)
M.Jl.8.1!'SO Review StlmilW"lIlJs.
Each request for tree removal shall be enluated 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 typically experienced by
owners of similarly zoned and situated property. (Ord.
1573, ~ 9.1, 1991; Ord. 1543, ~ 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, ~ 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 o~ 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
COnstruCtiOlll activity is minor in nature and whether the
activity will significantly modify the ground area around the
tree drip line. (Ord. 1543, ~ 10.2, 1991)
14.18.21@ ApJPlnk8llllt to GUW'Wlltee P!rotedROlm.
The applicmt shall guarantee the protection of the
existing tree(s) on the site through a financial instrument
acceptable to the Director of Plamring 2nd DevelopmelIllt.
(Old. 1543, ~ 10.3, 1991)
14.1$.no Notice of Action OIl! Permit-A]!lJ~.
A. Notice of the decision on am application fair 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. (Ord. 1573, ~ ILl, 1991; Ord. 1543, giLl,
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. (Ord. 1810,
(part), 1999; Ord. 1731, (part), 1996; Ord. 1543, ~ 12.1,
1991)
JI-i{L(
37
Heritage Heritage Imd S~imelll fi~
1~.18.~@
APPENDIX A
STANDARDS FOR TmE PROTECTION OF T.lREES DUIDNG GRADING AND CONSl'lRUCTIION
OPERATIONS
The purpose of this app..'"lIldix 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 arOOrist 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.
Stmdlm-oo
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 011' loweI!' ilie 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 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 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.
S. The general contractor shall use a tree service licensee, as defmed 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 ~ediately by an approved tree surgeon.
/1-45
ATTACHMENTS C & D
Attachments C and D can be accessed by
a web link that will be emailed to you on
Thursday, April 26th.
These attachments are not included in the
report due the volume of these
attachments.
However, a copy can be made available to
you upon request. Please call Aki in the
Planning Department at x3313 if you
would like a copy.
A copy will also be available at the City
Council meeting.
II-4ft