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CC 11-05-2012 Protected Tree Ordinance Comparison ChartPROTECTED TREE ORDINANCE COMPARISON CHART (NOVEMBER 5, 2012) G#' k '° Cupertino Saratoga Los Gatos Palo Alto Los Altos Santa Clara (No Ordinance) GP Policy 5.3.1: Provide opportunities for increased � 3 landscaping and trees in the • All trees >_ 12" dia, For multi- community, including w trunk, dia sum must total 12" requirements for new • The following trees 8" in dia: development to provide street • Heritage Trees f F • Any native tree >_ 6" in dia: - Blue Oak & Black Oak ' trres and a minimum 2:1 on- or • The following trees, >_ 10' in dia Coast LiveValley, Tan , , , Black, a California Buckeye, off -site replacement for tree (>_ 22 for multi -trunk): or Scrub Oaks Blue, - Pacific Madrone removed as past of the Native Oak Trees, Big Leaf MapleCalifornia • All trees >_ 4" in dia in zoning or • All trees with >_ 48" development proposal e o California Buckeye, Buckeye Douglas Fir, and Coast subdivision applications • Protected Trees (Coast Live Oak circumference (15.28" dia) GP Policy 5.10.1: Protect all Big Leaf Maple, Redwood). • All trees existing at time of or Valley Oak >_ 11.5" dia and Coast • Trees in ROW healthy trees of the following Deodar Cedar & Blue Atlas •Any other tree >_ 10" in dia zoning or subdivision approval Redwood >_ 18 "dia) • All Canary Island Palm Trees in kind of any size: Cedar, PraEecte •Any and specifically called out, as well Rinconada Court (Landmark • Cedars „��xe� Bay Laurel or California Bay, street tree as on any vacant or undeveloped •Heritage Trees Trees) • Redwoods � Western Sycamore • Any heritage tree, regardless of property, or developed • Designated Trees (when •Any trees to be planted or saved •Oaks • Any tree required as part of an size commercial office, or industrial associated with a development in conjunction with development • Olives << f` approved development a pP P pp Y tree required to be planted project project) review application includes pp C • Bay Laurel Y .: or retained as a condition of any • Privacy trees required in R-1 Y q approval approvalAr • Any tree required to be planted privacy trees) Pepper Trees and s zoning districts 4-r­ or retained by condition of All other trees over 36 inches in Al Trees in ROW are protected under development application circumference on private a separate ordinance replacements • All public trees property, public property and in •May also be a stand of trees, in right-of-way ' which each is dependent on other for survival. GP Policy 5.10.1: Require preservation of all City - designated heritage trees listed in the Heritage Tree Appendix =..,s 8.10 of the General Plan `� E F gym: All trees measured 4.5 above Measured 4.5' above the around d All trees measured 3' above natural All trees measured at 4.5' above All trees measured 4' above natural Trees > 36' measured at 4' above �Measured at " natural grade b while standing on high side of tree grade. For multi -trunk measured natural grade grade grade above trunk union - 1 - PROTECTED TREE ORDINANCE COMPARISON CHART (NOVEMBER 5, 2012) Cty4 y Cupertino Saratoga Los Gatos Palo Alto Los Altos Santa Clara (No Ordinance) ' • Diseased danger of falling,• g Diseased, danger of falling or In all cases if it is determined to be proximity to proposed or existing structural failure, proximity to dead, hazardous, a detriment to or structures, and interference with proposed or existing structures, crowding an adjacent protected utility services structural damage to a building, or tree, or a Public Nuisance. y • Physical damage or threatened public nuisance. • For Single Family Homes: f 3 • Irreversibly diseased, in danger damage to improvements or • Condition of tree cannot reduced Tree trunk or basal flare is impervious surfaces to less than significant level touching or under the building of falling, can cause potential • The topography of land and • Removal of tree will not result in footprint of an existing building .Diseased, danger of falling, 'damage to proposed or existing `e effect of tree removal upon inconsistent density or tree cover (for example, uplifting proximity to proposed or existing essential structures, or interferes erosion, soil retention & diversion in neighborhood foundation, contact or damage to structures, interference with utility No prescriptive criteria but with on -site utility services or of increased flow of surface water, • No. of healthy trees property can eves, gutter, etc.). structures removal only allowed if: structures particularly on steep slopes. support If no building footprint, it is • Required for economic • They are hindering __ •Restricts the economic enjoyment �� • The effect of the removal on • For subdivisions, tree removal determined that the tree is in the enjoyment of property development or improvements Beano aI of the property by severely y shade, privacy impact, scenic not allowed unless it restricts potential building area. • Improved soil retention and such as sidewalks CntenalFnda gs limiting the use of the property not diversion of increased flow of • They are dead or seriously g - beauty, property values, erosion access to property and is necessary - If the Director has determined experienced by other similar surface water diseased properties control, general welfare to repair geologic hazard that the tree is too close to the • Number of healthy trees • The roots are causing serious • No. & age of healthy trees • Retention of the tree will result in building area that construction will • Trees are a detriment to the y property can support reduction of otherwise allowed result in the death of the tree. property can support damage to the adjacent subject property and cannot be •Whether approval is in direct building envelope by > 25% ment •For other develop, • Age of tree compared to structures or payment adequately supported according to expected life span good urban forestry practices due conflict with purpose or intent of •Removal will not result in Retention of the tree would result . No alternative for preservation to overplanting or overcrowding this Article substantial adverse change to site in reduction of otherwise allowed Q • Any other information relevant aesthetic and biological building envelope by > 25%. to public health, safety, or general significance, topography, soil • For subdivision, removal is welfare retention and diversion of unavoidable due to restricted • Restriction of economic increased flow of surface water access to the property or necessary " enjoyment of property & whether If tree has a significant impact to to repair a geologic hazard (e.g. x ;F' or not there is a feasible alternative property landslide). • Emergency, hazard, or k dangerous condition requiring immediate action. Tree removal • Emergencies, Immediate Hazard permit must be filed within 5 (must notify Town for staff to z ,.�r working days after removal. Emergencies (immediate hazard) confirm emergency situation and •Emergency, hazard, or • Dead trees. Permit must be filed apply for Tree Removal Permit • Emergencies (immediate hazard) dangerous condition requiring within 5 working days after •Interference with Public Utilities within 2 days of date of removal). (must notify City and apply for immediate action. Exeuxptzo W removal. permit within 5 days of emergency • Public utility actions, under • Thinning out/removing of trees •Trees specifically authorized to • Dead trees removal) jurisdiction of Public Utilities in accord with a tree management be removed as part of any project Commission of CA, to maintain u plan. a royal pp • Fruit or Nut tree less than 18" in safe operation of facilities • Public utility actions, under T " jurisdiction of CA PUC. No permit dia (57" circumference) ; required. -2- PROTECTED TREE ORDINANCE COMPARISON CHART (NOVEMBER 5, 2012) � .. � �� City Cupertino Saratoga Los Gatos Palo Alto Los Altos Santa Clara .. (No Ordinance) sZ �� • $145 Filing Fee (for review and • No Tree Removal Permit since • $168 First Tree Application Processing Fee: $125 • $130 First Tree records management) $50 (one tree or multiple trees). no Protected Tree Ordinance but Applicalon Fees,E • $85 Additional Tree (regardless of number of trees) • $65 Additional Tree • $275 Tree Removal Staff conducts site visit requires Architectural Review: (If app denied, 50% refund) • Sinble family - $585 � • $25 Paperwork Fee • All others - $2,460 g • Noticing required for adjacent If tree for which removal is being neighbors Na Noticing required for neighbors No noticing involved with private requested, is one requested by a 300' noticing paid for by c1n • If tree removal needs public p $121 for 150' Notice neighbor to be kept during past applicant if referred to the hearing, then 300 feet. within 150 trees, only public trees. development, then notice to them. Architectural Review Committee • $200 NoticingDeposit Otherwise, none. awn Director of Community Director of Planning and Director of Community pp Develo ment Arborist Town Arborist Community Environment Development Zoning Administrator ��i , elfin $od Planning Commission Planning Commission Planning Commission City Council City Council Planning Commission Xz Required (unless deemed dead or Not required if stand-alone tree q Required in cases where if after site q r Ax on Repor hazardous by staff, arborist, or Not required removal application. Required visit tree appears healthy and it Required other certified professional) Required if in conjunction with does not meet their criteria for development application. removal 'May be required if applicant Azbora�si Peer May be required if applicant May be required if applicant May be required if applicant May be required if applicant May be required if applicant arborist report not deemed arborist report not deemed arborist report not deemed arborist report not deemed arborist report not deemed arborist report not deemed adeauate. adpnilatP gdPn„;;f -3- PROTECTED TREE ORDINANCE COMPARISON CHART (NOVEMBER 5, 2012) Citg Cupertino Saratoga Los Gatos Palo Alto Los Altos Santa Clara (No Ordinance) Species: The replacement trees shall be the same species unless the Director determines that another 5 • Canopy size: 4'-9': Two 24" Box or One 36" Box. species would be more suitable. Size and Number: a q a £E Per Tree Removed, measured by • Canopy size: 10'-27': Three 24" Box or Two 36" Box. • Canopy Size 4'-9': Two 24" or One 36" Box �� trunk size (the following are guidelines): • Canopy size: 28 -40': Four 24" • Canopy Size 10 -27': Three 24" K • Up to 12 inches: One 24" box tree One or more replacements are Box or Two 48" Box. Box or Two 36" Box �� •Over 12 inches and up to 18 K required at locations acceptable to • Canopy size: 40'-56': Six 24" Box Two • Canopy Size 28'-40': Four 24" Box When deciding Y inches: Two 24" box trees the Director. or 36" Box & Two 48" Box. or Two 48" Box replacement trees, • Over 18 inches and up to 36 • Canopy size: 56'-60': Two 24" Box • Canopy Size 40'-56': Six 24" Box the approval authority takes into • Replacement criteria: 2 trees & Two 36' box & Two 48' Box or Two 48" Box Size + Two 36' Box consideration the cost of P jyzr inches: Two 24" box trees or one For development approval: ' Canopy size: 60 +: determined by - Two 24" Box • Canopy Size 56 60 replacement trees and the wishes for ever tree removed Y ' 36" box tree Free, �� M� • Over 36 inches: One 36" box tree lacerate Value of removed trees is assessed based on ISA Tree Valuation Director. . + Two 36" Box, and Two 48' Box of the property owner relative to • No in -lieu fee for trees on WAIIK1,11. tl Size or combination of both Tree the species of tree to be planted. rivate property; p p� p 'y; However, trees Sizes / In lieu :' • Heritage Tree: One 48" box tree yen Formula, and the applicant is to the in the Tree replacements required unless Canopy and Tree Value Standards However, generally the must be provided to the street red ace eeg° In -lieu fees possible only if an p Y required replant value q p form trees, have it is dead. Refer to tree • 60 +: Replace the tree with a replacement trees are like for like trees department, which are then p arborist can confirm that the of new or the Y the replacement master list for species, combination of both Tree Canopy the ones being removed. planted in the median area or in subject site cannot support option of paying that amount into p p Y g resident may choose. and Tree Value Standards. public parks. 1 pp the tree fund. additional trees. *If tree cannot be reasonably The value shall be determined by For Heritage trees and trees eater planted on site, the value of the usingthe most recent edition of the b than 36" in dia, in -lieu fee removed tree shall be determined Guide for Plant Appraisal determined by ISA Tree Valuation using the Guide to Plant Appraisal published by the Council of Tree - Formula. prepared by the Council of Tree and Landscape Appraisers. and Landscape Appraisers and p pp shall be paid to add or replace When deemed impossible or trees on public property. undesirable to plant in same place, value computed and either planted elsewhere on site or plant trees on public property. Public Nuisance & Infraction. In Infraction. In addition, Civil Civil penalties of up to $5,000 per .-- r Misdemeanor. Unauthorized addition, Civil penalty levied (not penalty levied (not to exceed tree removed or the replacement scletneana removal trees used solely for r Infract'o privacy protection shall constitute to exceed $5,000 per violation, or $5,000 per violation, or value of each removed tree, Misdemeanor P ,� �E� replacement value, whichever is replacement value of tree, whichever is higher may also be an Infraction. higher - excludes installation) whichever is higher) imposed. -4- PROTECTED TREE ORDINANCE COMPARISON CHART (NOVEMBER 5, 2012) City Santa Clara Cupertino Saratoga Los Gatos Palo Alto Los Altos (No Ordinance) Retroactive Tree Removal Fee ($2,996) per tree removed. Tree replacements shall follow the above guidelines for replacement. Tree removal application must be filed (no deadline indicated) Maintenance Bond required for trees with development applications. Not required for Retroactive Replacement trees. • Application fee is twice as much. • Replacement with multiple new trees to provide equivalent quality in terms of in terms of cost, aesthetic and environmental quality, size, height, location, appearance and characteristics of the removed tree. • The value of the removed tree shall be calculated per ISA Tree Valuation Formula. • Where replacement trees cannot be accommodated on site or cannot provide the same aesthetic quality of the removed tree, trees shall be planted off site, or a cash payment to the street fund shall be made or any combination of the two shall be required. • If payment into street fund only, then payment shall be doubled to reflect the estimated installation costs • If combination of replacement trees and payment into street fund, credit to the amount determined for valuation for the retail cost of planted trees shall be given but no credit for any other installation, maintenance and other costs incurred. Maintenance Bond or security deposit required for trees with development application and for replacement trees for all removed trees for 5 yrs, to be recorded with County Recorder. $240 Admin. Fee (illegal tree removal) + Actual Application Fee. Replacement ratio shall be greater than that required in accordance with the standards set in the ordinance. Adequate security needs to be provided to ensure that replacement trees for illegally removed trees are protected. -5- Replacement ratio shall be greater than that required in accord with the provisions of their ordinance. Bond required for 25% -100% of value of trees being preserved or required to be preserved during development. Includes replacement for illegally removed trees. • Replacement with multiple new trees to provide equivalent quality in terms of in terms of cost, aesthetic and environmental quality, size, height, location, appearance and characteristics of the removed tree. • The value of the removed tree shall be calculated per ISA Tree Valuation Formula. • Where replacement trees cannot be accommodated on site or cannot provide the same aesthetic quality of the removed tree, trees shall be planted off site, or a cash payment to the street fund shall be made or any combination of the two shall be required. • If payment into street fund only, then payment- shalll e�led tvr, jbd-b reflect the estimated installation costs • If combination of replacement trees and payment into street fund, credit to the amount determined for valuation for the retail cost of planted trees shall be given but no credit for any other installation, maintenance and other costs incurred. Replacement trees for illegally removed trees shall be maintained for 5 yrs with a maintenance bond or security deposit as guarantee, to be recorded with County Recorder. • Must file for an architectural review. • In lieu fee determined by Streets Department for illegally removed trees in public right-of- way. • The replacement is 2 trees for each tree removed Maintenance Bond required