Ordinance No. 14-2126 Amending 14.18 relating to Permit Thresholds City Wide, streamlining the Tree Removal Permit Process ORDINANCE NO. 14-2126
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 14.18 OF THE CUPERTINO MUNICIPAL CODE
RELATING TO PERMIT THRESHOLDS CITY WIDE, STREAMLINING THE TREE
REMOVAL PERMIT PROCESS FOR R1,Al,A, RHS,AND,R2 ZONES,AND
MODIFICATIONS FOR READABILITY
WHEREAS, City Council directed Staff at the November 5; 2012 meeting to
consider the scope and process of possible amendments to the Protected Tree
Ordinance: Council direction consisted of amendments in two phases. Phase I directed
staff to present an Ordinance amendment to lower penalties of unlawful tree removal
from a misdemeanor to an infraction; and
WHEREAS, on March 19, 2013, the City Council, upon proper notices according
to the Procedural Ordinances of the City of Cupertino's Municipal Code, adopted an
Ordinance amending the Chapter 14.18 Protected Trees of the Municipal Code to
remove public trees from the chapter, and reduce the penalties of unlawful tree removal
form a misdemeanor to an infraction.
WHEREAS, at the March 19, 2013 meeting, the Council_continued with a study
session discussing Phase II amendments. Phase II included direction to initiate the
public process and associated environmental review for potential amendments to tree
removal permit thresholds city wide, review of the protected trees species list, and
streamlining the tree removal permit process within the single-family and duplex (R1,
Al, A, RHS, and R2) zones; and
WHEREAS, in September 2013, a City wide postcard was mailed to inform all
Cupertino residence of potential amendments to Chapter 14.18 Protected Trees,within
the Municipal Code and upcoming community meetings; and
WHEREAS, a Community meeting was held on October 30, 2013, providing
information and collecting public input on proposed amendments; and
WHEREAS, a publicly noticed Study Session was held on December 10, 2013
with the Planning Commission to discuss possible amendments and collect public
input; and
WHEREAS, the City Council held two publicly noticed study sessions on April
15, 2014 and July 7, 2014 reviewing the final scope of amendments and preparation of
environmental impacts; and
Ordinance No. 14-2126
Page 2
WHEREAS, an initial study and Negative Declaration (EA-2013-02), has been
prepared by David J. Powers, the City's Environmental Consultant in accordance with
the California Environmental Quality Act;
WHEREAS, the Environmental Review Commission held a duly noticed public
hearing on October 23, 2014, and based on the entire Administrative record,
recommended that the City Council adopt-a Negative Declaration in accordance with
Article 6, Section 15074 of the CEQA Guidelines;
WHEREAS, on November 18, 2014, the City Council held a duly noticed public
hearing on the subject application,'.considered evidence presented by City staff and
other interested parties, and conducted the first reading; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: The City Council considered the full record before it, which may include but
is not limited to such things as the City staff report, testimony by staff and the public,
and other materials and,evidence submitted or provided to the City Council.
em nt of
Section 2: Stat Purpose e
This ordinance amendment (MCA-2013-01) improves readability and consistency with
other City ordinances and clarifies a streamlined tree.removal permit process in R1, Al,
A, RHS, and R2 zoning districts.
Section 3: Code Amendment
Chapter 14.18 of Title 18 of the Cupertino Municipal Code is hereby amended to read as,
set forth in Attachment 1."
Section 4: The City Council conducted an environmental assessment (EA-2013-02) of
the project in accordance with the California Environmental Quality Act (CEQA) and
Adopts a Negative Declaration under Section 15074 of the CEQA Guidelines in that the
project is self-mitigating and therefore will have a less than significant impact on the
environment.
Section 5: The amendment is consistent with the General Plan because it allows the
continuation of Policy 2-65: Heritage Trees, and Policy 5-5: Air Pollution Effect of
Existing Development, Strategies 3. Tree Planting in that the Ordinance will continue to
protect Heritage Trees within the City and encourage planting. new trees in place of
trees being removed.
Section 6: Severability
Ordinance No. 14-2126
Page 3
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 servable. The City Council
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsection, sentence clause, phrase, or portions be declared valid or
unconstitutional.
Section 7: Effective Date
This Ordinance shall take effect and be in force thirty (30) days from and after adoption
as provided by Government Code Section 36937.
Section 8: 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 summa of this Ordinance may be published and posted in lieu of.publication and
summary Y p p
posting of the entire text.
Section 9. Continuity
To the extent the provisions of this Ordinance are substantially the same as previous
provisions of the Cupertino Municipal Code, these provisions shall be construed as
continuations of those provisions and not as amendments of the earlier provisions.
INTRODUCED at a regular meeting of the Cupertino City Council the 1811, day of
November, 2014 and ENACTED at a regular meeting P City of the Cupertino Ci Council this
2nd day of December, 2014 by the following vote:
Vote Members of the City Council
AYES: Sinks, Chang, Paul, Vaidhyanathan, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
cr �
Grace Schmi , City Clerk Rod Sinks, Mayor, City of Cupertino
Ordinance Certificate
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. 14 -2126, which was
enacted on December 2, 2014, 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
thislay of December, 2014.
GRACE SCHMIDT, City Clerk and Ex- officio Clerk
of the City Council of the City of Cupertino, California
Ordinance Certificate
CHAPTER 14.18: PROTECTED TREES
Section
14.18.010 Purpose
14.18.020 Definitions
14.18.030 Actions Prohibited
14.18.040 Retention Promoted
14.18.050 Protected Trees
14.18.060 Plan of Protection
14.18.070 Heritage Tree Designation
14.18.80 Heritage Tree List
14.18.90 Heritage Tree Identification Tag
14.18.100 Recordation
14.18.110 Application, Approval Authority for Tree Removal Permit
14.18.120 Action by Director
14.18.130 Notice and Posting
14.18.140 Tree Management Plan
14.18.150 Exemptions
14.18.160 Tree Replacement
14.18.170 Retroactive Tree Removal Permit
14.18.180 Review,Determination and Findings
14.18.190 Notice of Action on Permit-Appeal
14.18.200 Protection During Construction
14.18.210 Protection Plan Before Demolition, Grading or Building Permit Granted
14.18.220 Penalty
1
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 Protected trees, 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;
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 trees within the City in order to
retain as many trees as possible, consistent with the individual rights to develop, maintain and
enjoy their property to the fullest possible extent.
(Ord. 2085, §2 (part), 2011;Ord. 2003, 2007; Ord. 1573, §2, 1991;Ord. 1543,§2, 1991)
14.18.020 Definitions.
Unless otherwise stated,the following definitions pertain to this chapter
"Approved development tree(s)" means any class of 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.
"Arborist" is an individual certified by the International Society of Arboriculture.
"City"means the City of Cupertino situated in the County of Santa Clara,California.
"Dead Tree" means a tree that is not living whatsoever as objectively verifiable, or a tree that
has declined to such an extent that its demise is imminent with no opportunity for recovery or
repair to a reasonably viable level as determined by the Director of Community Development.
"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.
"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 development permit, variance, and use
permit.
"Diameter at breast height(DBH)"means the diameter of a single tree trunk measured four and
one-half feet from natural grade. For multi-trunk trees, the diameter shall be inclusive of all
trunks/stems. In cases where a tree trunk is irregular in shape, the circumference may be used
to measure the size of the tree. Where the natural grade is at a slope, the measurement shall be
taken at the median grade. Median grade is the average grade in between the ground at the
highest point and the ground at the lowest point of the tree trunk.."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 to have a
special significance to the community.
"Owner" shall include the legal owner of real property within the City, and any leasee of such
owner.
"Person" shall include an individual, a firm, an association, a corporation, a co-partnership, and
the leasees,trustees,receivers, agents,servants and employees of any such person.
"Private property"shall include all property not owned by the City.
"Privacy planting" means any privacy protection planting, including trees and/or shrubs,
required pursuant to Chapter 19.28.
"Public property"includes all property owned by the City.
"Protected tree"means any class of tree specified in Section 14.18.050.
"Retroactive tree removal permit" means a permit required after removal of a Protected tree.
"Specimen tree"means any class of tree specified in Section 14.18.050.
"Specimen tree, Mature" means any specimen tree with a minimum single-trunk of twelve
inches DBH (thirty-eight-inch circumference) or multi-trunk DBH of twenty-four inches
(seventy-five-inch circumference) or greater.
"Specimen tree, Non-mature" means any specimen tree with a single-trunk less than twelve
inches DBH (thirty-eight-inch circumference) or multi-trunk DBH of less than twenty-four
inches(seventy-five-inch circumference). "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 as
determined by the Community Development Director.
"Tree removal permit" means a permit for tree removal of.any Protected trees pursuant to
Section 14.18.050.
14.18.030 Actions Prohibited.
A. It is unlawful to deliberately act in a manner that shall cause any Protected tree to be
irreversibly damaged or to die; and
B. It is unlawful to remove any Protected tree in any zoning district without first obtaining
a tree removal permit as required by Section 14.18.110, unless a permit is not required per
Section 14.18.150.
14.18.040 Retention Promoted.
Protected trees are considered an asset to the community and the pride of ownership and
retention of these trees shall be promoted. The Director of Community Development may
conduct an annual review of the status of Heritage trees and report the findings to the Planning
Commission.
14.18.050 Protected Trees.
Except as otherwise provided in Section 14.18.170, the following trees shall not be removed
without first obtaining a tree removal permit:
A. Heritage trees in all zoning districts.
B. All Mature Specimen trees of the following species on private property (See Appendix
A):
1. Quercus (native oak tree species),including:
a. Quercus Agrifolia (Coast Live Oak);
b. Quercus Lobata(Valley Oak);
c. Quercus Kelloggii(Black Oak);
d. Quercus Douglasii(Blue Oak);
e. Quercus Wislizeni (Interior Live Oak);
2. Aesculus Californica(California Buckeye);
3. Acer Macrophyllum(Big Leaf Maple);
4. Cedrus Deodara(Deodar Cedar);
5. Cedrus Atlantica 'Glauca' (Blue Atlas Cedar);
6. Umbellularia Californica(Bay Laurel or California Bay);
7. Platanus Racemosa (Western Sycamore).
C. Approved Development Tree(s).
D. Approved Privacy Planting in R-1 zoning districts.
14.18.060 Plan of Protection.
As part of a development application:
A. The approval authority shall adopt a maintenance plan for Protected trees. It shall be
the property owner(s)' responsibility to protect the trees.
B. Privacy 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 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 or her
lot, is required to maintain the required planting and shall be required to comply with Section
14.18.100.
14.18.070 . Heritage Tree Designation.
A. Initiated by:
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.
B. Application:
In addition to requirements of Section 14.18.110, 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).
C. Approval Authority:
Application for designation of a Heritage tree shall be referred to the Planning Commission for
review and determination in accordance with Chapter 19.12 of the Cupertino Municipal Code.
The Planning Commission, may, by resolution, designate a tree or grove of trees as a Heritage
tree(s).
14.18.080 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.
14.18.090 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. Do not prune or cut before contacting the Department of Community Development
at(408) 777-3308.
14.18:100 Recordation.
Heritage trees, Privacy Planting, and approved Development trees are required to be retained
as part of an application under Section 14.18.050C. and Section 14.18.050D. and 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 associated with a
final map or building permit issuance.
14.18.110 Application,Approval Authority for Tree Removal Permit.
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 14.18.150.
An application for a tree removal permit shall be filed with the Department of Community
Development and shall contain the following information based on the size and type of the
Protected tree:
A. Application Requirements:
An application request to remove a Mature Specimen tree with single-trunk DBH of,twelve
inches to twenty-four inches (multi-trunk twenty-four to forty-eight inches DBH), shall provide
the following:
1. A drawing outlining the location of the tree(s) and proposed tree replacements.
2. A written explanation of why the tree(s) should be removed; .
3. Signature of the property owner and/or homeowner's association (where
applicable)with proof of a vote of the homeowner's association;
4. Permit fee, where applicable;
An application' request to remove a Heritage Tree, Privacy Planting Tree, 'Approved
Development Tree, or Mature Specimen tree with single-trunk DBH greater than twenty-four-
dnches or multi-trunk greater than forty-eight inches DBH, require the following in addition to
Application Requirements 1. through 4.listed above:
5. Photograph(s) of the tree(s).
6. An arborist report from an arborist certified by the International Society of
Arboriculture
7. Notice and Posting per Section 14.18.130.
8. Other information deemed necessary by the Director of Community
Development to evaluate the tree removal request.
B.' Maximum Tree Removal Cap:
In the R1, Al, A, RHS, and R2 zones, an applicant may remove up to six Mature Specimen trees
or five percent of Mature Specimen trees on the property (whichever is greater) with a single-
trunk between twelve and twenty-four inches (multi-trunk between twenty-four and forty-eight
inches) within a thirty-six month period. The thirty-six month period will start from the date of
the approved tree removal permit. Applications requesting to remove additional trees within a
thirty-six month period will require an arborist report and notification per Section 14.18.130.
C. Approval Authority:
1. The Director of Community Development shall have the final review and
determination on applications for Protected tree removals in accordance with Section
14.18.120; except for Heritage tree removals and tree removals in conjunction with
development applications. The Director of Community Development may refer the
application to another approval authority for a report and recommendation.
2. 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.
3. Application for removal of a Heritage tree shall be referred to the Planning
Commission for final review and determination in accordance with Chapter 19.12.
14.18.120 Action by Director.
Upon receipt of a complete tree removal permit application, the Director of Community
Development or his or her authorized representative will:
A. Review the application pursuant to Section 14.18.180;
B. At the Director's discretion, conduct a site visit, within fourteen days, to inspect the
tree(s) for which removal is requested. Priority of inspection shall be given to those requests
based on hazard or disease; and
C. Send notices or schedule a hearing in accordance with requirements in Section 14.18.130
and Chapter 19.12.
14.18.130 Notice and Posting.
A. Notice and posting shall be provided as indicated in Sections 19.12.030 and 19.12.110(F)
for the following tree removal permits:
1. Mature Specimen trees with single trunk over twenty-four-inches DBH or for
multi-trunk over forty-eight-inches DBH;
2. Heritage trees,
3. Privacy Planting trees;
4. Approved Development trees; and
5. Mature Specimen trees exceeding the Maximum Tree Removal Cap (Section
14.18.110.13)
B. Where approval of a tree removal permit that is subject to the notice and posting
requirements of this section is granted by the City, the property owner shall retain the posted
notice on site until the tree is removed.
C. Specimen Trees with single trunk under twenty-four inches DBH or multi-trunk under
forty-eight inches DBH, and trees listed under exemptions in Section 14.18.150 do not require
notice or posting.
14.18.140 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. Additional criteria may be considered for the phased removal of trees, including,but not
limited to: site maintenance, accessibility improvements, natural tree lifespan, and
landscape/site improvements that are determined to be appropriate by the Community
Development Director.
A. Application:
An application for a Tree Management Plan shall contain the following:
1. 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;
2. 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;
3. A written explanation of the specific tree(s) to be removed, 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;
4. 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;
5. A strategic replacement planting plan to manage growth during tree growth
phases.
6. An arborist report from an arborist certified by the International Society of
Arboriculture for all Mature Specimen trees; and
7. Notice and Posting to residence,Section 14.18.130.
B. Approval Authority:
An application for a tree management plan in conjunction with a development application shall
be considered by the approval authority concerning the same property as the affected tree
management plan application, and the determination on the tree management plan shall be
made concurrently by the approval authority. In the instance where a development applicant is
not required per Table 19.12.030, the Director of Community Development shall review and
approve the tree management plan.
C. Recordation:
The property owner shall have retention information placed on the property in accordance with
Section 14.18.100,referring the approved tree management plan,upon approval.
D. Permits:
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.
14.18.150 Exemptions.
A. A tree removal permit is not required in the following situations:
1. Non-Mature Specimen trees(s) with single-trunk less than twelve inches DBH or
multi-trunk less than twenty-four inches DBH.
2. Thinning out/removing of trees in accordance with a recorded tree management
plan that has been approved in accordance with Section 14.18.140.
3. 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.
B. The following circumstances warrant the removal of trees prior to securing a permit
from the City; however a tree removal permit application, with no application fees or noticing
required, must be filed within five working days as described in Sections 14.18.170. Tree
replacements may be required in conjunction with approval of this tree removal permit(Section
14.18.160):
1. 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, including but not limited to, (e.g., a tree about to fall onto a principle dwelling
due to heavy wind velocities, a tree deemed unsafe, or a tree having the potential to
immediately damage existing or proposed essential structures), but only 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 14.18.110 through 14.18.120. 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.
2. Dead trees, as determined by the Director of Community Development prior to
removal. However, a subsequent application for a tree removal must be filed within five
working days as described in Section 14.18.110 through 14.18.120. 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.
14.18.160 Tree Replacement.
A. Tree Replacement:
1. 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. Table 14.18.160(A) may be
used as a basis for this requirement.
Table14.18.160 A-Replacement Tree Guidelines
Diameter of Trunk Size of Replacement Trees
Removed Tree (Measured
41/2 feet above rade)
UP to 12 inches* One 24"box tree
Over 12 inches and up to 18 Two 24" box trees or One 36"
inches box tree
Over 18 inches and up to 36
inches
Over 36 inches One 36"box tree
Heritage tree One 48"box tree
* Does not apply to R1, Al, A, RHS, and R2 zones except
required privacy plantings trees in R1 zones.
2. The approval authority shall work with the applicant/property owner of the tree
removal permit to determine the location of the replacement tree(s).
B. In Lieu Fees:
The following provisions apply to all zones unless otherwise noted below.
1. If a replacement tree cannot reasonably be planted on .the subject property as
determined by a certified arborist, an in-lieu fee shall be paid by the person requesting
the tree removal permit. Fees shall be paid to the City's tree fund to:
a. Add or replace trees on public property in the vicinity of the subject property;or
b. Add trees or landscaping on other City property.
2. The in-lieu fee for a Mature Specimen tree with trunk size equal to or less than
thirty-six inches, shall be based upon the purchase and installation cost of the
replacement tree as determined by the Director of Community Development.
3. The in-lieu tree replacement fee for a Heritage tree or tree with a trunk size
greater than thirty-six inches, 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
4. If the subject property is within the R1, Al, A, RHS and R2 zones, the person
requesting the tree removal permit has the option to pay the fee in-lieu of planting a
replacement tree. Where the applicant would like to plant a replacement tree, but
demonstrates it is physically infeasible to plant on the subject property, the in-lieu fee
shall be based on the purchase and installation cost of the replacement tree as
determined by the Director of Community Development. In cases where it is physically
feasible to plant, but the applicant chooses to pay the in-lieu fee instead of planting a
replacement tree on the subject property, payment shall be equivalent to one and one-
half the calculated in-lieu tree replacement fee.
14.18.170 Retroactive Tree Removal Permit.
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 to the requirements of a tree removal permit. The applicant shall pay a
retroactive tree removal permit fee as determined by the Director of Community Development.
14.18.180 Review,Determination and Findings.
A. The approval authority shall,approve a tree removal permit only after making,at least
one of the following findings:
1. 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. 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 or
similarly zoned and situated property, and the applicant has demonstrated to the
satisfaction the approval authority that there are no reasonable alternatives to preserve
the trees(s).
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.
4. That the Mature Specimen Trees with single trunk between twelve inches DBH
and twenty-four inches DBH, or multi-trunk between twenty-four inches DBH and
forty-eight inches DBH in R1,Al,A,RHS, and R2 zones will be replaced by planting a
replacement tree and/or by contribution to the City's Tree Fund.
B. The approval authority may refer the application to another department or commission
for a report,its review,recommendation and/or decision.
C. The approval authority shall approve, conditionally approve, or deny the application.
D. The approval authority may require tree replacement(s) or accept a tree replacement in-
lieu fee per Section 14.18.160 in conjunction with a tree removal permit.
14.18.190 Notice of Action on Permit and Appeal..
A. Notice of the decision on an application for a Protected tree removal permit shall be
provided in accordance with Section 19.12.150. The notice of decision shall be personally
delivered or mailed to the applicant.
B. Any decision made by the approval authority on the tree removal application may be
appealed in accordance with Chapter 19.12.
14.18.200 Protection During Construction.
Protected trees and other trees/plantings required to be retained by virtue of a development
application, building permit, or tree removal permit 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.
14.18.210 Protection Plan Before Demolition, Grading or Building Permit Granted.
A. A plan to protect trees described in Section 14.18.200 shall be submitted to the Director
of Public Works and to the Director of Community Development prior to issuance of a
demolition, grading or building permit. The plan shall be prepared and signed by a licensed
landscape architect or arborist certified by the International Society of Arboriculture and shall
be approved by the Director of .Community Development. The Director of Community
Development shall evaluate the tree protection,plan based upon the tree protection standards
contained in Appendix A at the end of this chapter.
B. The Director of Community Development may waive the requirement for a tree
protection plan both where the construction activity is determined to be minor in nature (minor
building or site modification in any zone) and where the proposed activity will not significantly
modify the ground area within the drip line or the area immediately surrounding the drip line
of the tree. The Director of Community Development shall determine whether the construction
activity is minor in nature and whether the activity will significantly modify the ground area
around the tree drip line.
14.18.220 Penalty.
Violation of this 'chapter is deemed an infraction unless otherwise specified. Any person or
property owners, or his or her agent or representative who engages in tree cutting or removal
without a valid tree removal permit is guilty of an infraction as outlined in Chapter 1.12 of this
code and/or may be required to comply with Sections 14.18.160 and 14.18.170.
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 and 14.18.210 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 site 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 six-foot-high fence
around the drip line, and armor as needed. The extent of fencing and armoring shall be
determined by the landscape.architect or arborist. 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 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.
9. 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.
1 '
i .
APPENDIX B
REFERENCE PHOTOS OF SPECIMEN TREES PROTECTED IN ACCORDANCE WITH
SECTION 14.18.050.B.
EXAMPLES OF SOME OAK TREE VARIETIES
VALLEY OAK
. . (Ouercus lobata)
r
i
fit` y t a�r
COAST LIVE OAK
(Quercus agrifolia)
r
s � .
0..i 4
4
15
:. BLUE OAK
(Quercus douglasii)
..
r i-t�
r
BLACK OAK
} (Quercus kelloggii)
tr �,
x
INTERIOR LIVE OAK
S
r (Quercus wislizeni)
�', z
CALIFORNIA
*i 1
� �`�• r * `♦ i+. .ill + _
4., �. .. �,L s ,'. i+ '� ' • 1 is v4c
e .
,
t
w�
BIG LEAF MAPLE
1 t 1
1i w
� sa
i � . ->�i► w, as �-,w +
`. ir�•�`� •:� r � _ � � i .d�`.it
.-
.� ill
a
DEODAR CEDAR
(Cedrus deodara)
`d� "�_ —:� �..', ♦♦ 'moi,
S * ti• x i q .
Y�
BLUE ATLAS CEDAR
�► (Cedrus atlantica'Glauca')
v'.
T��
WESTERN SYCAMORE
y�-
BAYLAUREL
n a J' •
OR CALIFORNIA
(Umbellularia
s