Ordinance No. 13-2111 14.12.120 Street Trees ORDINANCE NO. 13-2111
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING SECTION 14.12.120 OF THE CUPERTINO MUNICIPAL CODE
TO CONDITION THE INSTALLATION OF STREET TREES FOR ONLY
THOSE DEVELOPMENTS OR PROJECTS THAT ARE SUBJECT TO
CONSTRUCT STREET IMPROVEMENTS
THE CITY COUNCIL OF THE C[TY OF CUPERTINO DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Code Amendment. Section 14.12.120 of the Cupertino
Municipal Code is hereby amended to read as follows:
14.12.120 Condition for Development or Building Permit.
Every person who constructs, remodels or alters any dwelling, commercial or
industrial property which is subject to Chapter 14.04 of the Cupertino Municipal
Code to install street improvements and where approved street trees from the
Master Street Tree List do not exist, shall pay the required fee, prior to the
issuance of a building permit, per the New Street Tree Cost Schedule, for the
purchase, planting and maintenance of the trees by the City.
When public trees are to be removed and/or planted as a condition of an
approved development or approved building permit, Sections 14.12.140 and
14.12.150 of this chapter shall not apply.
All public trees shall be protected against damage during construction
operations. There shall be no storage of materials, tool washout, or vehicle
parking near or upon public trees.
Section 2. Statement of Purpose. Municipal Code section 14.12.120
currently specifies that "Every person who constructs, remodels or alters any
dwelling, commercial or industrial property, or who constructs on any
unimproved land or property abutting a public street where approved street
trees from the Master Street Tree List do riot exist shall pay the required fee, prior
to the issuance of a building permit, per the New Street Tree Cost Schedule, for
the purchase, planting and maintenance of the trees by the City." This
amendment to section 14.12.120 would limit the requirement for installation of
Ordinance No. 13-2111
Page 2
street trees to only those developments or projects that are subject to Section
14.04 to construct street improvements, and where approved street trees from the
Master Street Tree List do not exist.
Section 3. Severability. Should any provision of this Ordinance, or its
application to any person or circumstance, be determined by a court of
competent jurisdiction to be unlawful, unenforceable or otherwise void, that
determination shall have no effect on any other provision of this Ordinance or
the application of this Ordinance to any other person or circumstance and, to that
end, the provisions hereof are severable.
Section 4. Effective Date. This Ordinance shall take effect thirty days
after adoption as provided by Government Code Section 36937.
Section 5. Certification. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall give notice of its adoption as required by
law. Pursuant to Government Code Section 36933, a summary of this Ordinance
may be published and posted in lieu of publication and posting of the entire text.
INTRODUCED at a regular meeting of the Cupertino City Council the
21st day of May and ENACTED at a regular meeting of the Cupertino City
Council the 4th day of June 2013 by the following vote:
Vote Members of the City Council
Ayes: Chang, Mahoney, Santoro, Sinks, Wong
Noes: None
Absent: None
Abstain: None
ATTEST: APPROV
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Grace Schmidt, City Clerk Orrin Mahoney, Mayor, City of Cupertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 13-2111, which was
enacted on June 4, 2013, and that it has been published or posted pursuant
to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 7th day of June, 2013.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
Ordinance Certificate