Ordinance 1543ORDINANCE NO. 1547 S
AN ORDINANCE OF THE CITY OF CUPERTINO ANIFNDING ORDIPtP,NCE NO. 778
BY ADDING RD;LJLATIONS FUR TER: CARE AND RF2~7VAL OF TREES
ON PRIVATE PROPERTY PROVIDING FUR A SYSTEM OF GRANl'IIQG
PERMIR'S FDR RFS97VAL OF SPDCI2gI4 AND HERITAGE TREES,
AND FUR PROTECTION OF ALL TREES DURING ~ISTRUCI'ION OPERATIONS
THE CITY OOUtJCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SDCTION 1 • AmetrcfilYent
Section i.l: Ordinance No. 778 is hereby amended by adding Regulations for
Heritage Tree Preservation and Protection.
SDCPION 2• Puroose
Section 2.1: Irr enacting this Orditti~noe, the City of Cupertiro recognizes
the substantial ecorramic, errvircaunerrtal, and aesthetic iagortanoe of its tree
population. The City finds that the preservation of specimen and heritage
trees on private property, aryl the protection of all trees during oor~strtiction,
is rreoessary for the best interests of the City of Cupertino and of the
citizens and public thereof, in order to:
(a) Protect property values.
(b) assure the oontinuarrce of quality development.
(c) protsc-t aesthetic and scenic beauty.
(d) assist in the absorption oP rain waters, thereby preventing erosion of
tap soil, protecting against flood t,a~a„j4, and the risk of
landslides.
(e) counteract air pollutants by protecting the known capacity of trees to
produce pure oxygen from carbat dioxide.
(f) maintain the climatic balance (e.g. providing shade).
(g) help decrease potential damage from wind velocities.
(h) protect specimen and heritage oak trees
For the above reasons, the City of Cupertino finds it is in the public
interest, oonvenienoe and neoe~sity to enact regulations controlling the care
and removal of specimen & Heritage trees within the City in order to retain as
many trees as possible, consistent with the individual rights to develop,
maintain aryl enjoy private property to the fullest possible extent.-
Specimen and Heritage Oak trees are considered a valuable asset to the
ocammity. 'ihe protection of oak trees in all zc¢iing districts including
residential zones is intended to protect this valuable asset.
S}X.'I'ION 3: Definiti~
Section 3.1: City. The word "City" shall mean the City of Cupertino
situated in the Coutrty of Santa Clara, California.
S?rtion 3.2: Developed Residerrtiai. The ward "Developed Residential" shall
mean any legal lot of record, zoned single-family, duplex, agricultural
residenntial, and residential hillside, with arty strvctiu'e (principal or
accessory) constructed thereon.
Ordinance No. 1543 S •
Page -2-
Sr+r-rion ,~ 3• Heritage Tree. The word "Heritage Tree" shall mean any tree or
grove of trees which, because of factors including but rot limited to its
historic value, unique quality, girth, heigyt ar species, has been found by the
Architectural and Site Approval Committee to have a special significance to the
canrunity.
Section 3 4• Oak Tree. The word "oak tree" as used in this Ordina:xae shall
include all trees of the oak genus, including but not limited to the Valley Oak
(Querais lobata), California Live Oak (Querars agr.i.folia).
Section 3.5: Owner. The word "oFn'tiex" shall include the legal owner of
real property within the City, and any lessee oP such owner.
SeCtioal 3.6: Person. 4he word "person" as used in this Ordinance shall
include an individual, a fiYm, an association, a oorparation, a co-partnPSShip,
and the lessees, trustees, receivers, agents, servants arxi employees of any
such person.
Section 3 7• Private ply. The wozds "private property" shall include
all property not owned by the City of Cupertino ar arty other public agency.
Section 3 8• Specimen try. The wards "specimen tree" as used in this
Ordinance shall mean any one of the following:
(a) A tree which has a trunk with a ciramiference of thirty-one (31)
inches approximately ten (10) ind~es in diameter ar more, measured at
a heic~-t of 3 feet above natural grade slope.
(b) A tree required to be protected as part of a Zoning, Tentative Map or
Use Permit action.
(c) Any oak genus, of a size described in Section (a).
pion 3 9• Tree removal. The destr~tion of any specimen tree by
attting, retarding, girdling, ar applying c3iemicals, ar distortion of the
tree's visual pnroportions by tapping.
Section 3.10: Toap~g. Elimination of the upper 25$ ar more of a tree's
trunk ar main leader.
SDCI'ION 4 • ~~
Section 4.1: Heritage trees are considered an asset to the oa:aarnity arxi
the pride of ownership and retention of these species shall be pranated.
Section 4.2: Upon reocmnutidation by the Director, the Architect~nal and
Site Approval Coaoaittea may by Resolution, designate a tree ar grove of trees
as a heritage tree(s). Prior to adoption of such a resolution, not less than
ten (10) days written notice shall be delivered to the owner. If the owner of
the .property protests the designation an appeal can be initiated.
Section 4.3: A Heritage Tree List shall be created and amerrled by
resolution. The list shall include the reason.. far designation, tree
circwnferenoe, species name, cannon name, location and Heritage tree number.
s ~
Ordinance No. 1543
Page -3-
Section 4.4: The Architectural & Site Approval Oortmittee shall consider a
Plan of Protection developed by the Caimunity Development Depart or a City
retained Certified Arborist. The Protection Plan shall include information for
correct pruning, maintenance and fertilization methods.
Section 4.5: It shall be the property owners responsibility to pr~otert the
tree. The plan shall be provided for his/her use at his/her discretion in
ar+der to obtain the retenti~ objective.
Section 4.6: Heritage and trees required to be retained under section 3.8
shall have reterttice: information placed on the property deed via a conservation
easement in favor of the City, private covenant, ar othar method as deemed
appropriate by the Director. 4t:e reoardation shall be ocnQleted by the
property owner at the time of Use Permit, Zoning, Tentative Map arinitial/new
building Permit issuance.
Section 4.7: Heritage trees shall have an identification tag, ptu~d~a.,ed and
placed by the City, on the trees inscribed with the following information:
CITY OF CIJPFIZ~.IIJO
f~RITAGE ZI2~ NO.,f
Please dD not pnu~e ar
cut before contacting the City.
Section 4.8: If an application for Heritage tree r+enaval is submitted the
request shall be fCQwarded to the Architect~nal and Site Appm^otral Committee for
review and approval. It fs the applicants responsibility to provide supporting
doctmients as requested by staff ar the Architectural and Site Approval
Oanaittee.
Section 4.4: The applicant shall provide a 300 foot list with said
application. A 300 foot list shall be sent to the adjoining pr+cperty owners
advising of the Architectural and Site Approval axnaittee hearing.
Section 4.10: An appeal of the Architectural and Site Appmotral oaimittee's
decision may be submitted to City Oauicil, care of the City Clerk within 5
working days of the decision.
G~oN 5• Tree R~estroyal Prohibition Without Permit
Section 5.1: ~Pt as provided in Section 7.1, no person shall directly or
indirectly remove ar cause to be removed any specimen ar Heritage tree as
herein defined, with the City Limits, without First obtaining a permit to do so
in aooo~dance with the prooediu'es set forth in this Ordinance.
S~'1'n0[Q 6• Ihforcira Authoritv
Section 6.1: The Director of Oam~mity Development, or his/her authCrized
representative, shall be with the enfar~oement of this Ordinance.
Ordinance No. 1543 • •
Page -4-
SDCI'ION 7: Dteimtions
Section 7.1: Phis Ordinance does not apply to the following:
(a) RPJroval in case of emergerscy caused by the hazarskxss ar dangerous
condition of a tree, requiring immediate action for the safety of life
ar property. (e.g. a tree about tp topple orsto a principle dwelling due
to heavy wind velocities). A subsequent applications far tree removal
»nsst be filed within five working days as described in Section S of this
Ordinance.
(b) Removal of all deciduous, fruit-bearing trees.
(c) An approval far the removal of any tree granted by virtue of a Zoning,
Use Permit, variance, Tentative Map, or ArdsitecGsral and Site Approval
Ccvmittee application approval.
(d) Raroval of any tree except Heritage trees ar specimen oak trees in a
developed residential single-family, residential duplex, agricultural
residential, and residential hillside zoning district.
(e) Public Utility actions, under the jtzfisdiction of the Public Utilities
Commission of the State of California; as may be rsecessasy to ca~ly
with their safety regulations, or to maintain the safe operation of
their facilities.
SDCTION S• Permits
Section 8.1: Applications far specimen ar Heritage tree removal permits
shall be filed with the Deparhoent of oaumunity Development ors fosim prescribed
by the Director of Community Development aryl shall state, among other things,
the rnsmdaer and location of the trees to be r+enoved, and the reason far removal
of each.
Upon receipt of suds application, the Director of Comnmity Development or
his/her authorized representative will, within 14 days, inspect the premises
and evaluate the request pursuant to Section 9 of this Ordinance. Priority of
inspectiart shall be given to those requests based ors hazard ar danger of
disease. 'nse Director of Community Development may refer any suds application
to amt2ser depatiament ar to the Plannirsg Cosmsissian ar appropriate Cosaaittee of
the City for a report arxl recannendation. Wtsere appropriate, the Director of
a>mrausity Development may also require the applicant, at his own esgaezsse, to
furnish a report from a staff approved arborist, certified by the International
Society of Arbariculture. Applications for tree removal may be granted, denied,
ar granted with conditions. 4he Director of c~anunity Development may, as a
oorsdition of granting a permit for removal of a tree, require the applicant to
s-eplanst ar replace a tree with mare than one tree when justified to replace
lost tree ~P'Y.
A request far removal of any Heritage ar speciimers tree ar tree prote~-'ted by a
oorxiitiars of approval associated with a Zoning, Tentative Map, Use Permit,
variance, arxl Architectural and Site Approval Committee applications, will be
referred to the reviewing body which originated the oorsdition. Said body shall
review the request in a nsanrser as set forth by Ordinance 652, the Prooedtaal
Ordinarsoe.
O No. 154 •
Page -5-
SDCPION 9• Standards for Review
Section 9.1: Eadi request for tree removal shall be evaluated by the
Directar of Community Development based upon the standards listed under
subsections" (a) and (b) below. the Director may grant apprroival of a permit to
remove a tree if one ar more of the standards are met.
(a) lYrat the tree or trees are irreversibly diseased, are in danger of
falling, can cause potential damage to eructing ar proposed essential
~, or interferes with private an-site utility services.
(b) Ztrat the location of the trees restricts the eooncmic enjoyment of the
property by severely limiting the use of property in a manner not
typically experi.enoed by owners of similarly zoned and situated
Pr'oP~Y•
cir+nr~ l0 Protecti~ of Trees Durira Gbr~attuction aril C.raclira Operations
,,section 10.1: Specimen, Heritage trees and other trees required to be
retained by virtue of a Zoning, Subdivision, Use Permit, Variance, or
Architechrral and Site Approval Committee application approval, all trees
protected b5+ this orair,ance shall be protected during demolition , graainq and
wrLStruetion operatiann.
Section 10.2: A plan to protect trees described in Section 1.0.1 shall be
submitted to the Director of Public Works and to the Director of Curtnmity
Development priar to issuance of a demolition, c~ading or building permit. 'Ihe
plan shall be prepared and signed by a licensed landscape arc3ritect ar arbarist
certified by the international Society of Arboriculture and shall be approved
by the Director of community Development. Zhe Director of Gtitmmity Development
shall evaluated the tree protection plan based upon the tree protection
,ata~r.9a Contained in ApQendix A of this Qrdirlance NO. 1548. 'Ale Director of
oamwiity Development may sesive the z~equiraaent far a tree protection plan both
where the aonstructirn activity is determined to be minor in natare (minor
building ar site modification in any zone) and where the proposed activity will
not significantly modify the ground area within the drip line ar the area
immediately sui2our~ding the drip line of the tree. Rhe Director of Com<nutity
Development shall determine whether the Construction activity is minor in
nature arcl whether the activity will significantly modify the gramd area
ararnd a tree drip line.
Section 10.3: The applicant shall guarantee the protection of existing
trees on the site thtur~r a financial insstszmient acceptable to the Director of
Plarutinq arxi Development.
SflcmiON 11• Notice of Action on Permit and Au:eal Pr'~rre
Section 11.1: Notice of the decision on an applicaticn far a specimen or
Heritage tree removal permit by the Director of 0.umuiity Development ar his
designated representative, .shall be mailed to the applicant. Any decision made
the Director of Plamzing and Development may be appealed to the City
Council. Such decisionr may be appealed to the City Ouncil by filing a written
notice of appeal with the City Clerk within ten (10) warkirxg days after the
mailing of sudr notice. the city clerk shall notify the applicant of the date,
time arxi place for hearing the appeal. ~ City Caulcil may affirm, reverse,
or modify the decision of the Director of Crannuiity Development, and their
decision shall be final.
Ordinattoe No. 1543 • •
Page -6-
SDCPION 12• Penalties
Section 12.1: Violation of this Otdi.nance is deemed a misdemeanor. Any
person ar prc'operty owners, or his agent ar reparesentative who engages in tree
cutting ar removal without a valid tree r+eaotral permit is guilty of a
misdmneanor as outlined in the Cupertino Municipal Code, Section 1.12 and/or
may be required to ocnq~ly with Section 8.
In addition to any criminal penalty, any person violating the provisions of the
d~apter may be subject to civil actiert brca~ght by tha City Attorney on behalf
of the City seeking any appropriate legal remedy includincJ ~9~ a~asured by
the coot of replaoemnent of any tree removed without a permit. As a civil
penalty, the court awarding any damages in favor of the City may, in addition
to any other remedy impose a civil penalty not to exceed treble the amount of
said damages against the violator. All damages and civil penalties collected
order the provisions oP this section shall be deposited into,the City's street
tree program to be used for planting and/ar maintaining street trees in the
City.
fiE7CPICN 13• Severability Clause
Section 13.1: If any section, subsection, sentestoe, clause ar phase of this
ordinance is far any reason held to be unconstitutional, such decision shall
not affect the validity of the remaining portions of this Otriir-arr~. 'Ihe
legislative body hereby declares that it would have passed this Ordinance arxi
each section, subsection, sentence. clause ar phrase thereof, irrespective of
the fact that any one ar more sections, subsections, sentences, clauses or
phrases be declared unconstitutional.
G~c`rrc~rt 14• Publishira Clause
Section 14.1: 4he City Clerk is hereby authorized and directed to cause a
certified copy of this Oacdinanoe to be published at least arce within fifteen
(15) days of its enactrnent in the Cupertim Courier, the official newspaper of
the City.
IIdIiiCDUCFD at a regular meetiry of the City Council of the City of
Cupertino, on the 4th day of March , 19~}, and FNIUCPID at a regular meeting
of the City Council ofof the City of Cupertino this~,$yh day of Malt h~, 19~_l, by
the following vote:
ot~ Members of the Citv Council
AYFS: Goldman, Rogers, Sorensen. Szabo, Koppel
NOFS: None
~~: None
ABSTAZTi: None ,
APPliJVID:
Mayor,: City of
•
city Clerk'
mist/oZti1543
. ~ Appendix A of Ordinaroe ~ '.543
Starrlards for the Protection of Trees during
Grading arxi Construction Operations
Zhe purpose of this appendix is to outline stardartils pertaining to the
protection of trees described in Section 10.2 of Ordinance No. 1543. Zhe
starr~i,ia are broad. A licensed landscape architect ar International Society of
Arbariculture certified arborist shall be retained to certify the applicability
of the standards and develop additional standards as neoevsary to ensure the
proper care, maintersanoe, and survival oP trees designated far protection.
1. A plot plan shall be prepared describing the relationship of proposed
grading and utility trerx3iing to the trees designated far preservation.
Construction and grading should not signific~r-tly raise ar lower the grauxt
level beneath tree drip lines. If the graaid level is proposed for
modification beneath the drip line, the arc3~itect/arbarist shall address and
mitigate the inpact to the tree(s).
2. All trees to be preserved on the property and all trees adjacent to the
shall be pratec.~ted against damage during construction operatics by
porting a four foot high fence arourYl the drip line, and armor as
needed. The extent of fenci~ and armoring shall be determined by the
landscape architect. 4he tree protection shall be placed before any
e~acavation ar grading is begun and shall be aaintained in repair far the
duration of the constsvction wank.
3. No eanstructi~ operations shall be carried an within the drip line area of
any tree designated to be saved except as is autharized by the Director of
planning and Development.
4. If trendiirg is required to Penetrate the protection barrier far the tree,
the section of trench in the drip line shall be haul dug so as to preclixle
the cutting of roots. Prior to any trenching within the barrier is initiated
approval by staff with consultation of an arboacist shall be o:~leted.
5. Trees which require any degree of fill arauxl the natural grade shall be
guazded by recognized standards of tree protect-im and design of tree wells.
6. Zhe area under the drip line of the tree shall be kept clean. No
construction materials nor chetnical solvents shall be stared ar duaped under
a tree.
7. Fires for any reason shall not be made within fifty (50) feet of any tree
selected to remain and shall be limited in size and kept under constant
surveillance.
8. ~e general wntractor shall use a tree service licestsee, as defined by
California Business and Professional Oode, to Prune and cut off the branches
that must be removed during the cgadinq ar oonstructian. No brcanches or
roots shall be cut unless at first reviewed by the larriscape
architect/arbarist with approval of staff.
9. Any damage to PY7Ctirg tree crowns ar root systems shall bB repaired
immediately by an approved tree surgeon.
misc/app1543