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Ordinance 1573i • ORDIPUINCE N0. 1573 AN ORD1NADiCCE OF THE CITY OF CiJPERTINO Atg2mING ORDINANCE N0. 1543 BY ADDING RE~RATTONS EnR Tt1E CARE AND REM7VAL OF TREES ON PRIVATE AND PUBLIC PROPEfiTY PROVIDING Fffi2 A SYSTEM OF GFiAt+TP1r1G PERMITS FOR REMIVAL OF SPDCI2^ffN AND F~RITA[;E TREES, AND El'Y2 PfiCTDCIZ~i OF ALL TREES DURING OONSTRUCPiON OPFFATZONS TIME CITY OOCIdCII., OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLTL7S+1S: 3FX.TION 1: Amerdmerct section 1.1: ordinance No. 1543 is hereby amended by adding Regulations for Heritage Tree Preservation and Protection on private and public pxnperty. SDCTION 2: Purpose section 2.L: In enacting this Oxdinanoa, the City of Cupertino reopcgtizes the substantial eoocxmic, envirpnmental, an3 aesthetic importance of its tree population. .The City finds that the pre,ervation of specimen and heritage trees an private and public property, and the protection of all trees during wnstsuctian, is neoevsary far 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 eontinutu~oa of quality development. (c) pxote~-t aesthetic and scenic beauty. (d) assist in the absorption of rain waters, thereby preventing erosim of top soil, p~rotec:tinq against flood hazards,. and the risk of landslides. (e) cumteract air pollutants by protecting the kno~m capacity of tease to pr'oduoe Pare aaY'gen from carbon diaacide. (f) .maintain the climatic balance (e.q. p~ovidi~ shade).. (g) help decoease potential damage from wind velocities. (h) pratec.'t specimen arxi heritage trees Far the above reasatis, the City of Cupertino finis it is in the public interest, convenience and necessity to enact regulations oontroufng the care and remora]. of specimen & heritage trees within the City in adder to retain as many treats as possible, consistent with the individual rights to develop. maintain and enjoy private and public property to the fullest possible extent. Specimen arxi heritage trees are considered a valuable asset to the oaammity. The protection of such trees in all zoning districts including residential zones is inteided to protect this valuable asset. SFXTION 3• Definitions Section 3.1: City. The ward "City" shall mean the City of Cupertino situated in the County of Santa Clara, California. ~-*ion 3.2: Developed Residential. The ward "Developed Regi~+nFtwl" shall mean any legal lot of record, zoned single-family, dug~lau, agricultuzal residential, and residential hillside, with any structure (principal or accessory) oonst=ucted thereon. a Ordinance No. 1573 ~ • ' Page -2- ` -~^i•ion 3 3• Heritage Try. the wand "Heritage Tree" stroll mean arty tree o~ grove of trees wttidi, because of factors including but not limited to its historic value, unique quality, girth, height ar species, has been found by the Arc3iitecttisal and site P,pproval Camtittee to have a special significance to the oaaau~ity. pion 3.4:_ Oak Tree. ~e ward "oak tree" as used in this Onlinarx:e shall include all trees of the oak germs, including but not limited to the Valley Oak (Querars lobate), California Live Oak (Quer~cus agrifolia). Section 3 5: Owner. The word "owner" shall include the legal owner of real property within the City, and any lessee of sudr owner. Section 3.6: Person. The word "perrson° as need in this ORdinaroe shall include an individual, a fizm, an association, a corporation, a ao-partnership, aril the lessees, trustees, receivers, ag~rts, servants and employees of any such persar. ~i~ 3 7• Private oreoe_*ty. The wozrls "private property" shall include all property not owned by the city of Cupertino ar any other public agency. Sion 3 8• Public nrvae*'ty. 'lhe wonis "public property" sha11 include all property awned by the City oP Cupertiro ar any other public agency. ~+r-rim 3 9• Sl7eCi+!+~± tree. 'tile wordy "speCiroert tre8" as used in this Ordir~nce shall mean any one of the following: (a) A tree which has a trunk with a ciransterenoe of thirtyone (31) incises appraodmately ten (10) ind~es in diameter ar more, measured at a height of 3 feet above natural grade. (b) A tree required to be protecked as part of a Zoning, Tentative Map ar Use Permit action. (e) Any tree o! the oak genus, of a size described in Sectirn (a). ~f,~*ion 3 lo• Tree ramval. Zhe destruction of any specimen tree by ~th4. reta~n3, 4~thg, ar aPP1Y~J dsanicals. SDCPION 4• Section 4.1: Heritage trees are oassaidered an asset to the ooommity and the pride of ownership and retention of these shall be promoted. Section 4.2: Upon reoanrendation by the Director, the Arrhitsctxrral and Site Approval Crnmittee 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. It the owner of the property protests the designation an appeal can be initiated. Oidiname No. 1573 • Page -3- Section 4.3: A Heritage Tree List shall be ¢eated and amended by resolutim. Zhe list shall include the reason far desicp~ation, tree ciram<lerenoa, species Harm, name, location and Heritage tree rwaber. ,~ an 4.4~ 2ha Architectural & Site Appr+wal Ootrmittee shall aansider a Plan of -Protection developed by the Cam~nnity Development Departmetrt ar a City retained Certified Arbarist. Zhe Pratecticn Plan shall irrlucLa info¢matian far cazz~ect prtutirg, maintenarxae and fertilization methods. Section 4.5: It shall be the property owners responsibility to protect the tree. ?2re plan shall be provided far his/her use at his/her at~-rion in order to obtain the retention objective. Section 4.6: Heritac~ and specimen trees required to be retained under Section 3.9 b Por trees on public property shall have retention information placed an the property deed via a ea~servation easement in lavar of the City, private ooverrant, ar other method as deemed ap~aropriate by the Dir+ectar. the reoordatian shall be omQleted by the property owner at the time of ilse Permit, Zoning, Tentative Map arinitial/new building permit i,c~,amt.. Section 4.7: Heritage trees shall have an identification tag, p~n~dsas~-d and placed by the City, on the trees inscribed with the following information: CITY OF Ci7PE~IN0 t~RITAGE ZRF3± IJO. ~` Please do not prune or cut before contacting the City. sectirn 4.8: if an application far Heritage tree removal is submitted the request.. shall be farwardect to the Architectural aryl Site Approval Oommittee far revie~+ and approval. It is the applicants responsibility to prwi,de strpporti:g doamrgttts as requested by staff or the Architectural and Site Approval Oommittee. Section 4.9: 7t1e applicant shall provide a 300 foot mailing list with said application. A notice of hearing shall be sent advising of the Architectural and Site Approval Committee hearing. Section 4.10: An appeal of the Architectural and Site Approval Oaanittee's decision may be submitted to City Coutrcil, care of the City Clerk within 5 working days of the decision. No tree shall be removed until ttre appeal Funoess has been concluded. SFr_ rnGN 5: Tree Remval Prohibition Without P~nit Section 5.1: ~ as provided in Section 7.1, no person stroll directly ar indirectly remove ar cause to be remmved any specimen ar teritage tree as herein defined, with the City Limits, without first obtaining a pera-it to do so in aooo~arrce with the prooeduz'es set farth in this Ordi.panoe. SF7CPIGN 6: Ehforcira Autharity Sectim 6.~: 4he Director of Camunity Development, or his/trer authorized representative, shall be d~arged with the enforcement of this Ordinance. OrdinancB No. 1573 • • Page -4- bons This Ozdinarxoe does not apply to the following: (a) Remoaral in case of emergency caused by the hazardous or dangerous condition of a tree, requiring iaiaediate action for t3~e safety of life ar property (e.g. a tree about to topple arsto a principle daielling due to heavy wind velocities). A subsequent applications for tree r+emotral must be filed within five working days as desaribed in Section a of this Ordinname. (b) Removal of all decidxmus, tYuit bearing trees. (c) An approval far the removal of any tree granted by virtue of a Zordrg, Use Permit, Variance, Tentative Map, ar Architectural and site ApproM1rdl Cannittee application approval. (d) Removal of any tree, except heritage trees cu' specimen oak trees, in a developed residential single-family, residential duQlex, ac~icvlttsal residential, and residential hillside zoning district. (e) Public Utility actions, under the jurisdiction of the Public Utilities txnmission of the State of California; as may be necessary to ocnaply with their safety regulations, ar to maintain the safe operation of their facilities. SDGTICN 8• Permits Section 8.1: Applications for specimen ar heritage tree remotral permits shall be filed with the Depart:mint of Ommmity Development an farms prescribed by the Direc.-rar~ of Nmnutity Development and shall state the number and location of the trees to be renrnred, antil the rea.4on for removal of each. Applicaticcts for heritage tree renr.~val shall be referred to the Arr3nitectnlx'al and Site Approval Committee far final review and approval in accor^danoe with sections 4.8, 4.9, and 4.10. Request shall be evaluated pursuannt to section 9. Upon receipt of an application far retaval of a specimen tree, the Directar of Cannnnity Development ar his/her authorized re;a~eserntative wfll, within 14 days, inspect the premises and evaluate the request pursuant ~-o Section 9 of this Ordinarnoe. Priority of inspection shall be given to those requevts based on hazan:d ar danger of disease. The Dizectar oP oomonnity Development may refer any suc3n application to amther d~artment ar an appropriate Cbnmittee of the City far a report and reoonmendaticn. Where appropriate, the Director of Q>nnnnity Developmennt may also require the applicant, at his own expense, to Rnrnish a report from a staff approved arbarist, certified by the International Society of Arboriculture. Applications far tree rmnoval may be granted, denied, ar granted with conditions. The Director of oartnnnity Development may, as a condition of granting a permit far remnoval of a specimen tree, require the applicant to ~~ ar r>'plaae a tree with more than one tree when justified to replace last tree canopy. A request far removal of any Heritage ar specimen tree ar tree pnotect~ed by a o~nditian of approval associated with a Zoring, Tentative Map, Use Permit, -rarianoe, and Arc3iitectnual anxi site Approval cxmnittee application, will be referred to the reviewing body which originated the condition. Said body shall review the request in a Wanner as set forth by Ordinance 652, the Procedural Ordinance. Ordi7lance No. 1573 S ~ -5- ~rrrcr: 9: Stanxlards for Review Section 9.1: Each request Par tree removal shall be evaluated based upon the standards listed under subsections (a) and (b) below. App~wal o! a permit to remove a specimen ar heritage tree may be granted if one ar mare of the standards are met. (a) sat the tree ar trees are irreversibly diseased, are in danger of falling, can reuse potential damage to existing ar pr~~aeed essential atructases, ar interferes with private an-site utility services. (b) Zhat the location of the trees restricts the eoonamic enjoyment of the prcpPrty by severely limiting the use o! psnperty+ in a manner not typimlly experienced by owners of similarly zoned anti situated property. sxrrronr in• Prvtectim of Trees Dia'ira Construction and Grading Ocerations Section 1'1~: Specimen, heritage and other trees required to be r+atainod by virtue of a Zaiing, sl~bdivision, rise Permit, Variance, or Architectxual and Site Approval Ctmnittee application app~wal, All trees prvteated by this Ordirsarne shall be pmctected during deoolition , grading and ~i:ction operations. Sectirn 10.2: A plan to pnrotect trees described in Section 10.1 shall be subaitted to the Directar of Public Works arri to the Director of Cammmity Develapme:tt priar to issuance of a demolition, grading or building permit. ~e plan shall be prepared and signed by a licensed landscape architect ar arbo¢~ist certified by the Intetnational society of Arboriculture and shall ba apptrovEd by the Directar of Cannmity Development. The Direckar oP Countu-ity Development shall evaluated the tree Pig plan based upon the tree px~otect.irn standards contained in Appendix A of this Ordinance No. 1548. 'Ihe Directar of Ocmnutity Development may waive the requirena'ct !ar a tree protection plan both where the ornstzixtion activity is determined to be minor in nature (mints building or site modification in any zone) and where the proposed activity will not significantly modify the grand area within the drip line ar the area immediately sisr+au~ctirg the drip line of the tree. Zhe Director of Ommuiity Development shall determine whether the oonstn~ction activity is miner in nature and whether the activity will significantly modify the ground area arauid a tree drip line. Sectien 10.3: 'Ihe applicant shall guaranttee the pr+atection of existing trees an the site thrtitgh a linarrcial ir~anPnt acceptable to the Dize~.-tar of Plaru-ittg and Development. Sectia~ li.l: Notice of the decision an an application far a specimen tree removal permit by the Director of Ocmnuiity Development ar his designated representative, shall be mailed to the applicant. A~+ decision made by the Directc¢~ o! Planning and Development may be appealed to the City Canneil. Suds decisien may be appealed to the City Oan'fcil by filing a written notice of appeal with the City Clerk within ten (30) w~kinq days after the mailing oP such notice. Zt~e City Clerk shall notify the applicant of the date, time and place for hearing the appeal. The City Council may affirm, reverse, ar modify the decision of the Director of Community Development, and their decision shall be final. Cltdinance No. 1573 Page -6- Section 12.1: violation of this ordinarrcae is deemed a misdeaeanor. Any person ar property vGrt:ers, ar his agent ar repx+esesrtative win etrgagea fn tree wttitlg ar remo~ral without a valid tree removal permit is guilty of a misdemearn~' as outlined in the Qipertim Municipal Code, Section 1.14. and/ar may be required to ocuQly with Section S. In addition to any criminal Per-a1tY, ~Y i~~ violating the prwisians of the off ~ Ci~t'y ~-Y ~aPPr'~~ ~ ~ ~ by the cost of replaaaaent of any tree removed without a permit. As a civil penalty, the ootn t awatdirq any daroa~ges in favor of the City may, in addition to any other remedy impose a civil penalty not to e~aoeed treble the amiamt oP said damages against the violatru~. All damages and civil penalties oollested urrdar the provisions of this section shall be deposited into the C.ity's street tree program to be used far planting and/or mairrtainirg street trees in the City. Section 13.1: If any section, subsection, sentence, clause arc phave of this ~dinarne is for any reason held to be urroonstitutional, such decision shall not affect the validity of the z~emainirq portions of this andinm'foe. 'lire legislative body hereby declares that it would hauls passed this C~dinarroe aryl each section, subsection, senterne, clause ar phrase thereof, isx+espective of the Pact that any one ar mare sections, sarb~ections, eezrterroes, clauses or phrases be declared urroonstitutional. s~r'r'rCN 14 • Rrblishi*+~ C1aLse Section 14.1: 'Ihe City Clerk is hereby authorized and directed to cause a certified Dopy of this ~slinarroe to be published at least once within fifteen (15) days of its enac'tmerrt in the C+rpartirro Charier, the official new' of the City. II~TIRpD[ICT~D at a regular meeting of the City Cb1ttlCil of the City of Cupertino, an the 18th day of November, 1991, ani F2U,CIRD at a regular meeting of the City Council of the City of Cupertino this 2~i day ofDecember, 1981, by the following vote: Y4~ AYES: Dean, Goldman. Koppel, Szabo, Sorensen ipES: None AB.SF2JP: None ABSPAIN: None l'ar, atY ~ City Clerk Ordirlaroe No. 1573 • Page -7- Appendix A of Ordinance No. 1573 Standards for the Protection of 4Y~eea during Grading aryl Oor~stxuc.-lion operatior~s 4Yse purpose of this appetdi.x is to outline standards pprraini ~ to thB prvkec-tian of trees described in Section 10.2 of Cxr+dinarroe No. 1573. 'Ihe standards are broad. A licensed landscape architect ar irnternaticnal Society of Arboriculture certified arborist shall be retained to certify the applicability of the standards and develop additional standards as necessary to ens~me the proper care, mainrtenarroe, and survival oP trees designated for' prcntection. 1. A plot plan shall be prepared describing the relationship of proposed grading and utility trenddrq to the trees desicFrated far pr+eae~rvation. Oonstnxtirn aryl grading should not significantly raise ar lower the ground level beneath tree drip lines. ].f the groutd level is paroposed far modification beneath the drip line, the ardsitect/arborist shall address and mitigate the impact to the tree(s). 2. All trees to be prnserved on the prcnperty and all trees adjacent to the property shall be Protec."ted against damage during oastructirn operatiar3 by ca~etructirg a four foot high fence around the drip line, and armor as needed. Zlre extent of fencing and armoring shall be determi*+~ by the landscape aro3iitect. 'Ihe tree protection shall be placed before arty excavation ar grading is begun and shall be maintained in repair for the duration of the oarstzvction work. 3. No ca~struction 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 Plarv-irg and Development. 4. Zf trerx3riry is required to penetrate the luotectian barrier far the tree, the section of trench in the drip line shall be hand dug so as to preclude the cutting of roots. Pricy to any trendiinq within the barrier is initiated approval by staff with aars<rltaticn of an at3~oa~ist shall be cxi~leted. 5. Trees whidr require arty degree oP fill aramd the natural grade shall be guarded by r~eoognized standards of tree pzntection and design of tree wells. 6. Zhe area under the drip line of the tree shall be kept clean. No construction materials nor c3yenical solvents shall be stored ar duaged older' a tree. 7. Fires Par any reason shall not be made within fifty (50) feet of array tree selected to remain and shall be limited in size and kept order constant surveillance. 8. ~e general oontl~actor shall use a tree service licensee, as defined by Califaraia Business and Professional (kids, to pa~ure and cut off the taarrc#~ that mast be removed during the c¢adinq ar oonstnrction. No Iaandres or roots shall be art unless at first reviewed by the 1a,rlar~xp arohitect/arbarist with approval of staff. 9. Ar-y damage to existing tree arro~ntis ar trout systems shall be repairnri immediately by an approved tree surge.