Item # 9 D - Amended Initial Study and Negative DeclarationCITY OF CUPERTINO
NEGATIVE DECLARATION
As provided by the Environmental Assessment Procedure adopted by the City Council of the City of
Cupertino on May 27, 1973, and amended on March 4, 1974, January 17 1977, May 1, 1978, and July 7,
1980, the City Council reviewed the proposed project described below to determine whether it could
have a significant effect on the environment as a result of project implementation (CEQA Guidelines
Section 15382). The project was granted a Negative Declaration by the City council of the City of
Cupertino on November 18, 2014.
PROJECT INFORMATION AND LOCATION
Project Name: Protected Tree Ordinance Update
Application No(s): MCA-2013-01, EA-2013-02
Location: Citywide
PROJECT DESCRIPTION
The City of Cupertino is considering revisions to the City’s Protected Trees Ordinance (Chapter 14.18 of
the Municipal Code) that would modify the permitting process and tree replacement in residential and
agricultural zones (R1/A1/A/RHS/R2 Zones). Changes are anticipated to include: 1) adding definitions
of “mature” and “non-mature” Specimen trees and exempting trees less than 12 inches DBH from the
permitting process; 2) streamlining the process for the removal and replacement of Specimen trees
between 12 inches DBH (38 inch circumference) and 24 inches DBH(75 inch circumference) for single
trunk trees and 24 inches DBH (75 inch circumference) and 48 inch DBH (151” circumference) for multi-
trunk trees (i.e., no arborist report and noticing would be required); and 3) removal of California Bay
(Umbellularia californica) from the list of protected specimen tree species and replacement with London
plane. Modification to the in-lieu fee, when on site planting may not be preferred by the applicant is
also proposed to encourage planting of replacement trees on site.
DISCRETIONARY ACTION REQUEST
• Amendments to Municipal Code Chapter 14.18, Protected Trees Ordinance
1
FINDINGS OF DECISIONMAKING BODY
The Planning Commission and City Council finds the project described is consistent with the General
Plan and will not have a significant effect on the environment based on the analysis completed in the
attached Initial Study.
PUBLIC REVIEW PERIOD
The 20-day public circulation period for the Initial Study and draft ND is from October 16, 2014 to
November 4, 2014.
Before 5:00 pm on November 4, 2014, any person may:
• Review the Initial Study/draft ND; and/or
• Submit written comments regarding the information and analysis in the Initial Study/draft ND.
Before the ND is adopted, Planning Staff will prepare written responses to any comments, and
revise the draft ND, if necessary, to reflect any concerns raised during the public review period.
/s/Aarti Shrivastava
Aarti Shrivastava
Director of Community Development
2
Initial Study
Protected Trees Ordinance Update
Prepared by:In Consultation with:
October 2014
(File No. MCA-2013-01)
TABLE OF CONTENTS
SECTION 1.0 INTRODUCTION AND PURPOSE .......................................................................... 1
SECTION 2.0 PROJECT INFORMATION ....................................................................................... 2
2.1 PROJECT TITLE ................................................................................................................. 2
2.2 PROJECT LOCATION ........................................................................................................ 2
2.3 LEAD AGENCY CONTACT .............................................................................................. 2
2.4 PROJECT-RELATED APPROVALS, AGREEMENTS AND PERMITS ......................... 2
SECTION 3.0 PROJECT DESCRIPTION ......................................................................................... 5
3.1 PROJECT BACKGROUND ................................................................................................. 5
3.2 PROJECT COMPONENTS .................................................................................................. 7
SECTION 4.0 SETTING, ENVIRONMENTAL CHECKLIST AND IMPACTS ........................... 12
4.1 AESTHETICS ..................................................................................................................... 21
4.2 AGRICULTURAL AND FOREST RESOURCES ............................................................. 28
4.3 AIR QUALITY .................................................................................................................... 30
4.4 BIOLOGICAL RESOURCES ............................................................................................. 34
4.5 CULTURAL RESOURCES ................................................................................................ 43
4.6 GEOLOGY AND SOILS .................................................................................................... 45
4.7 GREENHOUSE GAS EMISSIONS .................................................................................... 47
4.8 HAZARDS AND HAZARDOUS MATERIALS ............................................................... 53
4.9 HYDROLOGY AND WATER QUALITY ........................................................................ 56
4.10 LAND USE .......................................................................................................................... 60
4.11 MINERAL RESOURCES ................................................................................................... 63
4.12 NOISE ................................................................................................................................. 64
4.13 POPULATION AND HOUSING........................................................................................ 66
4.14 PUBLIC SERVICES ........................................................................................................... 67
4.15 RECREATION .................................................................................................................... 69
4.16 TRANSPORTATION.......................................................................................................... 70
4.17 UTILITIES AND SERVICE SYSTEMS ............................................................................ 72
4.18 MANDATORY FINDINGS OF SIGNIFICANCE ............................................................. 74
SECTION 5.0 REFERENCES .......................................................................................................... 77
SECTION 6.0 AUTHORS AND CONSULTANTS ........................................................................ 79
Protected Trees Ordinance Update Initial Study
City of Cupertino i October 2014
TABLE OF CONTENTS
FIGURES
Figure 1: Regional Map ...................................................................................................................... 3
Figure 2: Types of Protected Trees ..................................................................................................... 6
Figure 3: Cupertino Zoning Map ...................................................................................................... 15
TABLES
Table 1: Proposed Definitions and Regulations for Specimen Trees ................................................ 8
Table 2: Specimen Tree Tiers.......................................................................................................... 10
Table 3: Proposed Tree Replacement Guidelines Compared to Existing Ordinance ...................... 11
Table 4: Summary of Protected Tree Removal Permits 2008-2014 ................................................ 18
PHOTOGRAPHS
Photo 1: View of native Coast Live Oaks in front yard in R1 Single Family District. ................... 22
Photo 2: View of cedars in front yard in R1 Single Family District. .............................................. 22
Photo 3: View of native Valley Oak in front yard of R1 Single Family District. ........................... 23
Photo 4: View of native Coast Live Oak in front yard of R1 Single Family District...................... 23
Photo 5: View of R1 Single-Family street with RHS Residential Hillside in background. ............ 24
Photo 6: View of landscape trees in Planned Development District from public right of way. ...... 24
Photo 7: Black Oak .......................................................................................................................... 35
Photo 8: Valley Oak ........................................................................................................................ 35
APPENDICES
Appendix A Draft Ordinance Amendments will be available on November 13, 2014.
Protected Trees Ordinance Update Initial Study
City of Cupertino ii October 2014
SECTION 1.0 INTRODUCTION AND PURPOSE
This Initial Study of environmental impacts is being prepared to conform to the requirements of the
California Environmental Quality Act (CEQA), the CEQA Guidelines (California Code of
Regulations Section 15000 et. seq.) and the regulations and policies of the City of Cupertino.
This Initial Study evaluates the potential environmental impacts that might reasonably be anticipated
to result from implementation of revisions to the City’s Protected Trees Ordinance.
The City of Cupertino’s Tree Protection Ordinance (Chapter 14.18 in the Cupertino Municipal Code)
contains regulations for the removal of protected trees on private and public land. The overall intent
of the modified ordinance is to maintain the City’s native tree canopy and provide balance between
individual property rights and tree retention within the City. Public trees (i.e., street trees and trees in
public parks as defined in Section 14.12.020 of the Municipal Code) are not covered by the proposed
modifications to Chapter 14.18 of the City’s Municipal Code except Heritage Trees on public
property.
Protected Trees Ordinance Update Initial Study
City of Cupertino 1 October 2014
SECTION 2.0 PROJECT INFORMATION
2.1 PROJECT TITLE
Protected Trees Ordinance Update
2.2 PROJECT LOCATION
The ordinance would apply to private and public property within the City of Cupertino (refer to
Figure 1).
2.3 LEAD AGENCY CONTACT
Tiffany Brown
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3202
(408) 777-1356
TiffanyB@cupertino.org
2.4 PROJECT-RELATED APPROVALS, AGREEMENTS AND PERMITS
• Municipal Code Amendment (MCA-2013-01)
Protected Trees Ordinance Update Initial Study
City of Cupertino 2 October 2014
REGIONAL MAP FIGURE 1
3
Santa ClaraMountain
View
San Jose
Campbell
Saratoga
Los Gatos
Palo Alto
East
Palo Alto
Los Altos
Redwood City Newark
Fremont
Mountain
View Santa Clara
San Jose
Campbell
Saratoga
Los Gatos
Palo Alto
East
Palo Alto
Los Altos
Redwood City Newark
Fremont
101
280
880
880
680
680
85
17
9
3584
84
237
236
87
San Francisco Bay
Pacific Ocean
CupertinoCupertino
0510
Miles
SECTION 3.0 PROJECT DESCRIPTION
3.1 PROJECT BACKGROUND
The City of Cupertino’s Protected Trees Ordinance (Chapter 14.18
in the Cupertino Municipal Code) contains regulations controlling
the care, removal, and replacements of protected trees within the
City.
The City of Cupertino currently requires issuance of tree removal
permits for four types of protected trees from private properties with
the City. Issuance of tree removal permits is based on submittal of
an arborists report and review by City Community Development
staff. Protected trees currently include:
1. Identified Heritage trees;
2. “Specimen” trees of native and landscape tree species with a trunk diameter of 10 inches
DBH (diameter at breast height) or more;
3. Trees required to be planted or retained as part of an approved development application
or specific permits; and
4. Approved privacy protection plantings in Single-Family (R-1), Agricultural Residential
(A1), Agricultural (A), Residential Hillside (RHS), and Residential Duplex (R2) zoning
districts.
Specimen tree species covered by the ordinance include native oaks (such as Coast Live Oak, Valley
Oak, and Blue Oak), California Buckeye, Big Leaf Maple, California Bay, Western Sycamore,
Deodar Cedar, and Blue Atlas Cedar.
The City of Cupertino is considering revisions to the City’s Protected Trees Ordinance that would
modify the permitting process and tree replacement in residential and agricultural zones
(R1/A1/A/RHS/R2 Zones). Changes are anticipated to include: 1) adding definitions of “mature”
and “non-mature” Specimen trees and exempting trees less than 12 inches DBH from the permitting
process; 2) streamlining the process for the removal and replacement of Specimen trees between 12
inches DBH (38 inch circumference) and 24 inches DBH(75 inch circumference) for single trunk
trees and 24 inches DBH (75 inch circumference) and 48 inch DBH (151” circumference) for multi-
trunk trees (i.e., no arborist report and noticing would be required); and 3) removal of California Bay
(Umbellularia californica) from the list of protected specimen tree species and replacement with
London plane. Modification to the in-lieu fee, when on site planting may not be preferred by the
applicant is also proposed to encourage planting of replacement trees on site.
The Protected Trees Ordinance (Chapter 14.18) covers trees on private land that are not within a
street right-of-way or City parks and Heritage Trees. “Public” street tree and park tree pruning and
Public street tree and park tree
pruning and removal is
regulated in Chapter 14.12 of
the City’s Municipal Code.
Street trees will not be
regulated by the proposed
modifications to the Protected
Trees Ordinance.
Protected Trees Ordinance Update Initial Study
City of Cupertino 5 October 2014
removal is regulated separately in Chapter 14.12 of the City’s Municipal Code. The types or classes
of “Protected Trees” are shown in Figure 2.
As indicated in Figure 2, the proposed changes to the Protected Trees Ordinance are within the
Specimen tree category of protected trees. A two-tier system for the removal of mature Specimen
trees (12 inches in diameter or greater) is proposed. The removal of “mature” trees over 24 inches in
diameter) would continue to require the preparation of an arborists report and noticing, prior to
issuance of a tree removal permit and tree replacement. The removal of mature trees 12 to 24 inches
in diameter would require a permit and replanting, but no arborists report or noticing. The permitting
process for the other protected trees (e.g., Heritage trees, trees in planned developments, and privacy
protection plantings) would not be changed.
Types of
PROTECTED TREES
Heritage Trees
Public Property & All Zoning
Districts
Specimen Trees
R1/R2/A/A1 and RHS
Non-Mature Trees
(Less than 12 inches DBH)
Mature Trees
(greater than 12 inches DBH)
Approved Development
Trees All Zoning Districts
Privacy Trees
(R1 Zone)
Red text indicates proposed
revisions to the Protected
Trees Ordinance.
Figure 2: Types of Protected Trees
Protected Trees Ordinance Update Initial Study
City of Cupertino 6 October 2014
3.2 PROJECT COMPONENTS
As noted above, proposed revisions to the City’s Protected Trees Ordinance would focus on the
definitions in the Specimen tree class of protected trees and modifications to the permitting process,
based in part on tree size. A copy of the draft ordinance is provided in Appendix A.
3.2.1 Proposed Modifications to Specimen Tree Definitions
Proposed modifications to the definitions in the ordinance related to Specimen trees are summarized
in Table 1 and described below.
3.2.1.1 Covered Specimen Tree Species
The definition of Specimen trees would continue to include native oaks and several other trees native
to the City of Cupertino plus two non-native cedar species, Blue Atlas Cedar (Cedrus atlantica
‘Glauca’) and Deodar Cedar (Cedrus deodara), which are adaptive to the Bay Area climate and
fairly prevalent in Cupertino. California Bay, a locally native species, is proposed to be removed
from the list of protected specimen tree species and replaced with London Plane (non-native tree).
London Plane is recommended since the City’s consulting arborist has concluded that this tree would
be a preferred alternative because: (1) it looks virtually identical to Western Sycamore; (2) it is
resistant to the Anthracnose fungus disease, whereas the Western Sycamore is highly susceptible;
and (3) London Plane is commonly sold in the nursery trade.
Species specifically listed in the ordinance will include:
• Coast Live Oak (Quercus agrifolia)
• Valley Oak (Quercus lobata)
• Black Oak (Quercus kelloggii)
• Blue Oak (Quercus douglassii)
• Interior Live Oak (Quercus wislizeni)
• California Buckeye (Aesculus californica)
• Big Leaf Maple (Acer macrophyllum)
• Western Sycamore (Platanus racemosa)
• Blue Atlas Cedar (Cedrus atlantica ‘Glauca’)
• Deodar Cedar (Cedrus deodara)
• London Plane (Platanus acerifolia)
3.2.1.2 Definitions of DBH and Mature Specimen Trees
For the purposes of the ordinance, tree diameters are measured at a standard distance above natural
grade. This measurement, which is referred to throughout this document as diameter at breast height,
or DBH, is the diameter of a single tree trunk measured at four and one-half feet (54 inches) from
natural grade. For trees with multiple tree trunks, the diameter is inclusive of all trunks/stems (e.g.,
the diameters of all trunks at four and one-half feet above natural grade are added together).
Protected Trees Ordinance Update Initial Study
City of Cupertino 7 October 2014
The definition of a Mature Specimen tree is included in the proposed ordinance amendments. A
mature Specimen tree is a Specimen tree with a minimum single-trunk DBH of 12-inches or a multi-
trunk DBH (additive) of 24-inches or greater (refer to Table 1). A non-mature Specimen tree means
any Specimen species tree that has not reached the minimum size of a mature Specimen tree (e.g.,
has not reached 12 inches DBH for a single trunk tree or 24 inches DBH for a multi-trunk tree).
Table 1: Proposed Definitions and Regulations for Specimen Trees
Compared to Existing Ordinance
Definitions for
Protected Specimen Trees
Under Existing Ordinance Under Proposed Ordinance
Zoning Districts Covered Private Property All Zoning
Districts
Private Property All Zoning
Districts
Tree Sizes Regulated Single trunk: 10 inches diameter
at 54 inches above grade
(diameter at breast height,
abbreviated as DBH)
Multi-trunk: 20 inches DBH
Tier 1
Single trunk: 12 - 24 inches DBH
Multi-trunk: 24 - 48 inches DBH
Permit Required for Removal.
No arborist report or noticing.
Replacements/in-lieu fee
required.
Tier 2
Single trunk: Greater than 24
inches DBH
Multi-trunk: Greater than 48
inches DBH
Permit Required for Removal.
Arborist report, noticing and
replacements/in-lieu fee
required.
Tree Sizes Not Regulated A Specimen tree less than 10
inches DBH (single trunk) or less
than 20 inches (multi-trunk)
No Permit Required for Removal
A Specimen tree less than 12
inches DBH (single trunk) or less
than 24 inches (multi-trunk)
No Permit Required for Removal
Species
Native Oaks
X
X
California Buckeye X X
Big Leaf Maple X X
California Bay X
Western Sycamore X X
Deodar Cedar X X
Blue Atlas Cedar X X
London Plane X
Protected Trees Ordinance Update Initial Study
City of Cupertino 8 October 2014
3.2.1.3 Additional Criteria for Tree Management Plans
The existing tree protection ordinance includes provisions for approval of a tree management plan
that includes criterial for the removal of certain trees in the future by anticipating the eventual growth
on the property and possible removal to prevent overcrowding of trees. Additional specific criteria
for establishing a tree management plan to be used for the phased removal of trees is proposed. This
criteria includes information on site maintenance, operations, and functions, accessibility
improvements, natural tree lifespan, and aesthetic improvements, as determined appropriate by the
Director of Community Development.
3.2.2 Implementation
3.2.2.1 Permits
A tree removal permit is required for the removal of all protected trees. This includes the removal of
Heritage trees, development approved trees, privacy trees, and removal of mature Specimen trees.
For Specimen trees, two changes are proposed. The first change would be to increase the size at
which a Specimen tree is considered mature from 10” to 12” DBH and the second change would
allow two tiers of permit requirements, based upon tree size. Permit and noticing requirements for
Specimen Trees are summarized in Table 2.
The permit process for removal of Tier 1 Specimen trees would be subject to the review and approval
by the Director of Community Development. The permit could be issued without an arborist report
and notification to neighbors provided that adequate tree replacements are planted or an in-lieu fee is
paid. Tree removal permits for Tier 2 Specimen trees would remain discretionary and require
preparation of an arborist report and notification. Tier 2 tree removal applications may be approved,
conditionally approved or denied by decision makers.
Protected Trees Ordinance Update Initial Study
City of Cupertino 9 October 2014
Table 2: Specimen Tree Tiers
Tier 1
12-24 inches DBH Single Trunk
(24-48 inches DBH for Multiple
Trunks)
Tier 2
>24 inches DBH Single Trunk (>
48 inches DBH for Multiple
Trunks)
Tree removal permit required Tree removal permit required
Replacement tree planting or in-
lieu fee required
Replacement tree planting or in-
lieu fee required
No arborist report required Arborist report required
No noticing of neighboring
properties required
No recordation on the property
Noticing of neighboring
properties required*
No recordation on the property
Cap for maximum tree removal:
− Two (2) or 2 percent,
whichever is more within a 12-
month period*
*Cupertino Municipal Code (Section
19.12.030)
*Applications for removal of more
than two trees would be same process
as Tier 2.
Zoning Districts Covered by
Maximum Specimen Tree Removal Cap
The proposed amendments include a cap for removal of single-trunk Specimen trees between 12
inches and 24 inches DBH (Multi-trunk: 24 - 48 inches DBH) within a twelve month period year
under the permit process (e.g., for Tier 1 trees). The number of Tier 1 Specimen trees that could be
removed from a parcel under a permit is proposed to be limited to no more than two or two percent
of the trees on property, whichever is greater, within a twelve month period (refer to Table 3 above).
This applies to private property zoned R1 (Single Family Residential), R2 (Residential Duplex), RHS
(Residential Hillside), A1 (Agricultural Residential) and A (Agricultural).
Protected Trees Ordinance Update Initial Study
City of Cupertino 10 October 2014
3.2.2.2 Exemptions for Hazardous or Dead Trees
Under the current ordinance, removal of a hazardous or dangerous tree (e.g., a tree about to topple
onto a dwelling due to heavy wind velocities, a tree deemed unsafe, or a tree having the immediate
potential to damage existing or proposed essential structures) is allowed upon order of the Director of
Community Development, or any member of the sheriff or fire departments. Dead trees that are
objectively verifiable (in the opinion of the Director of Community Development) may also be
removed prior to application for a permit and do not require community noticing. The amendment to
this section includes a tree removal permit application (with no fees or noticing required) must be
filed for these removals within five working days. Tree replacements may be required in conjunction
of approval of a tree removal permit.
3.2.2.3 Revisions to Tree Replacement Guidelines
Tree replacement guidelines under the proposed ordinance revisions would be modified to reflect the
revised definition of tree size for mature specimen trees and the two tiers of mature Specimen trees
(Tier 1: 12-24 inches DBH and Tier 2: Over 24 inches DBH). Options for use of 36-inch box trees
and an increase in the recommended replacement plantings for trees over 24 inches DBH are also
proposed. Proposed changes are listed in Table 3.
In the event replacement trees cannot reasonably be planted on a property (as described in an arborist
report prepared by an International Society of Arborists (ISA) Certified Arborist), a standard in-lieu
fee (covering the cost of replacement tree and labor) may be paid. If the planting of replacement
trees is feasible but not preferred by the applicant/property owner, then an increase in-lieu fee shall
be paid.
Replacements for retroactive tree removals shall refer to the ISA Guide for Plant Appraisal and
consider the quality factors listed above.
Table 3: Proposed Tree Replacement Guidelines
Compared to Existing Ordinance
Tree Size
Replacement Tree Guidelines
Existing Ordinance Proposed Ordinance
Protected Trees1 Protected Trees
12 inches up to 24
inches DBH
Two 24-inch box trees Two 24-inch box trees, or one 36-
inch box tree
Over 18 inches to 24
inches DBH
Two 24-inch box trees or one 36-
inch box tree
No change
Over 24 inches Two 24-inch box trees or one 36-
inch box tree
Three 24-inch box trees or one 36-
inch box tree
Over 36 inches DBH One 36-inch box tree Four 24-inch box trees or two 36-
inch box trees
Heritage Tree One 48 inch box tree No change
Notes: Changes underlined
1Protected Specimen trees under the existing ordinance include specific species of trees 10-inches in diameter and
above. Under the proposed ordinance revisions, protected specimen trees would be 12-inches in diameter and
above.
Protected Trees Ordinance Update Initial Study
City of Cupertino 11 October 2014
SECTION 4.0 SETTING, ENVIRONMENTAL CHECKLIST AND
IMPACTS
This section describes the existing environmental conditions on and near the project area, as well as
environmental impacts associated with the proposed project. The environmental checklist, as
recommended in the California Environmental Quality Act (CEQA) Guidelines, identifies
environmental impacts that could occur if the proposed project is implemented.
The right-hand column in the checklist lists the source(s) for the answer to each question. The
sources cited are identified at the end of this section.
METHODOLOGY AND APPROACH
FOR IMPACT ANALYSIS
Most CEQA documents are prepared for development or planning projects, a condition in which a
project proponent or agency is proposing to build something that does not currently exist. For
example, on a vacant project site a new proposed project would create a land use (such as an
apartment or office building) and physical set of improvements that did not exist before. If the site is
already developed, then the new project would replace one set of land uses and physical
improvements with a new and different set. In both cases, the physical impact to the environment,
including impacts to urban forest resources, is clear and distinct when compared to the existing
environment.
The proposed project is the adoption and implementation of amendments to a tree protection
ordinance. The project would modify, but not eliminate, regulations for the removal and replacement
of native and non-native trees within the City of Cupertino.
All CEQA analyses require some degree of forecasting and assumptions, and that is true of the
analysis in this Initial Study. The project is the adoption and implementation of amendments to an
ordinance and the following discussion of environmental impacts forecasts how those changes might
affect the physical environment. CEQA does not require that the environmental analysis engage in
speculation, but that a good faith effect be made to identify and disclose the likely, direct, and
reasonably foreseeable indirect, physical changes to the existing environment resulting from the
project being approved.
Baseline Conditions in
Residential Zoning Districts
Residential uses in Cupertino include a range of
development intensities and associated tree plantings in
the City’s urban forest. The majority of the city is
composed of R1, or Single Family Residential
development. Single family residential zones are
characterized by residential buildings surrounded by a
mosaic of shade trees, lawns, shrubs and planted
gardens. Although lot sizes vary within the R1 zoning districts (e.g., R1-7.5, R1-6), building
Residential zones include:
R1 Single Family Residential
R1C Single Family Residential Cluster
R2 Residential Duplex
R3 Multiple Family Residential
RHS Residential Hillside
Protected Trees Ordinance Update Initial Study
City of Cupertino 13 October 2014
coverage is limited to a maximum of 45 percent, which allows for landscaping and private open
space for trees in a portion of the remaining space. In addition, under the Landscaping Ordinance,
Chapter 14.15, landscaping plans are required for all new homes. The purpose of the landscaping is
to conserve water usage in landscaping. However, the Single Family (R1) Ordinance requires
landscaping to beautify the property and to achieve partial screening of building forms from the street
and adjacent properties (especially two story structures). Generally, the landscaping may include
shrubbery, hedges, trees, or lattice with vines on fences.
In the “Heart of the City” area along Stevens Creek Boulevard, residential uses are often in a mixed
use setting, where open space and landscaping are limited. Most zoning districts in the Heart of the
City are planned development zones. Other residential development at urban intensities (R2
Residential Duplex and R3 Multiple Family Residential) are found on both sides of Interstate 280,
along Foothill Boulevard, and at the eastern edge of the city (see Figure 3, Zoning Map). There are a
few properties in the City zoned Agricultural (A) and Agricultural- Residential (A1), where
residential uses are allowed in addition to agricultural uses.
In the western and southwestern portions of the city in or adjacent to the foothills, mature vegetation
may include proportionately greater numbers of native tree species, especially in RHS, Hillside
Residential, zones where the size of the lots are larger and the grading/development activity is
limited to smaller areas of the site. Residential lots in RHS zones may include relatively undisturbed
stands of oaks and other native trees.
The City is responsible for the planting, management and care of public trees along street right-of-
ways and in City parks. Under Chapter 14.12 of the City’s Municipal Code, payment of fees for
street tree planting or planting of street trees may be required for new construction where street trees
do not exist. The proposed ordinance would not affect the planting, maintenance or removal of street
trees within the City’s right-of-way or public parks.
Mature versus Non-Mature Specimen Trees
As part of the development of the proposed modifications to the City’s tree ordinance, the City’s
consulting arborist provided information on the size and structure of established trees. When a tree
grows to about eight (8) to ten (10) inches in diameter, it transforms from a shrub-like to a tree-like
form of an elongated trunk supporting a canopy of leaves or branches. The understory, which is the
lower branch area, begins to die off and the plant begins to resemble a tree with the top canopy
starting to mature. Each tree and tree species has a different growing pattern; though an average of
10-12 inches may be established as a typical size for a mature tree.1
1 City of Cupertino. 2014. City Council Staff Report, Meeting: April 1, 2014 (Subject; Study Session for
amendments to Protected Tree Ordinance (MCA-2013-01).
Protected Trees Ordinance Update Initial Study
City of Cupertino 14 October 2014
Z
O
N
I
N
G
M
A
P
FIGURE 3 15!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
!
!
!
!
!
!
!
!
!
!
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
S TAT
E
R
O
U
T
E
8
5
STA TE RO UTE 85
INTERSTATE 280
IN
TE
R
S
T
A
T
E
2
80
FO R D
GA
R
D
ENS
I
DE
CI
R
GAR
D
E
NS
I
D
E
PALOS
BERLEY LN
CR
HATCH CIR
BOLLINGER RD
BO
LL
IN
G
ER
R
D
M
INST
E
R
C
T
ADDINGTONCT
MT CREST RD
CT
MARI
A
VIL
L
A
CRE
P(
R
e
s
)
WA
L
L
I
N
C
T
BERRY CT
BYERLY
WY OAK ENGLISH
WY
OA
K
MA
J
E
S
T
I
C
WY OAK CALIFORNIA
AMISTADCT
ST
E
V
E
N
S
C
R
E
E
K
B
L
V
D
SOUTH DE ANZA BLVD
GREENLEAF CT
UP
L
A
N
D
C
T
C
A
M
LAMPLIGHTER SQ
PO
P
L
A
R
G
R
O
V
E
S
Q
POTTERS
RIDGEWA
Y DR
S
U
R
R
E
Y
MOSSY OAK CT
DOVE OAK CT
CI
R
LAWRENCE EXPWY
FL
OWE
R
C
T
WIL
D
F
L
O
W
E
R
WILDFLOWER CT
SO U THS H OR E CT
CT CT
NORTH TANTAU AVE
NORMANDY CT
SPRING
SPRING CT
SP
R
IN
G
PKW Y
SPRIN GSWESTSHORE
CT
PINE
B
R
O
O
K
LN
PINEBROO
K CT
SE VE N
TRIN ITY S PR ING C
T
SI
E
R
RA
WO ODH
I
LL CT
SHASTA
PLACER
OLIVEWOOD DE PALMA LN LA ONDAS CT
BRITTANY CT
SOMERSET CT SHADYGROVEPHIL PL HOWARD
LN
A S H B OU R N EBRIDGE CTBARRINGTON
GARDEN TERRACE
CTPLA
CE
ORANGEWOOD STROSEWOOD RD MAPLEWOOD RD PHIL CT
GA
R
D
E
N
C
R
E
S
T
D
R
CT
GA
RDEN
GA
R
D
E
N M
ANO
R
C
T
CYPRESS BLACKWOOD DR
GARDENSIDE
PL
ANT
HON
Y
WES
T
CT
BERKSHIRE
CT
HILLCRERST
LU
NA
R
C
T
PL
OBSIDIAN
CL
A
SS
IC
C
T
ME
Y
ER
H
O
LZ CT
GRAPNEL PL
AMULET PL
PEBBLE PL
MONTEREY CT
VERDES CT
REDONDO CT
LA
P
L
AY
A
C
T
CON
R
ADIA C
T
OROGRA
NDE
CT
O
A
S
I
S
C
T
RANCHOPL
ALMADEN
LN
SWAN OAK LN
LIBERTY OAK
WEEPING OAK CT
AMADOR OAK CT
RO
Y
A
L
O
A
K
W
Y
LA
Z
Y
O
A
K
C
T
SPANISH OAK CT
QU
EEN
S
O
A
K
CTLONG OAK LN
VIA
N DE ANZA BLVD
APRICOT CT
I
N
T
E
R
S
T
A
T
E
2
8
0
SEVILLECORTE DE CORTE DE MADRID
SHARONMANORCT
W YTONCTDRAKE
CH
A
N
T
E
L
C
T
RDPERIMETER PERIMETERRD RD PERIMETERPERIMETERRD CTCOTTONWOOD CANDLEWOOD
WY
SQUARE
FORDE NORTH
SQUARE
CO
L
UM
B
U
S
AV
E
AN
N
C
T
GR
E
E
N
D
R
AC
C
E
S
S
V
A
L
L
E
Y
GR
E
EN
D
R
AC
C
E
S
S
V
A
L
L
E
Y
CT
WY
FORGE
LA
C
O
N
N
E
R
D
R
SQUARE
WY HEIGHTS
SCENIC
HO
RA NC
CIR
VI
L
LA
PA
R
K
VILLACIR
CIR
VI
L
LA
DR
D
G
E
B
R
I
ST
ON
E
WINSTON WY
AVE
DR
DR
DRRAINTREE DR RAINTREE CT BENTOAKLNDR WUNDERLICHBIGOAK CTDRBIGOAKDRGREENOAKDRWHITEOAKDR OAKTREEDRHUNTINGTONSTKIMBERLYWYPROUTYAVEJOHNSONCTHARLANOLMO CT NARCISO CT DRCASTANO AMAPOLA DRTOMPKINSDRHARLANAVEHYDEAVEHYDEMURIEL LN CT JOHANSEN MINETTTETILSONLOREEARATAWYAVEAVEAVE DR DANBURYDRCORVETTELN ALDERBROOKDRDRLANCER
CLA
RE
N
D
O
N
CTCHARLENE BLANEYAVEWYMASONWY
W RIVER
S
I
DE
ST
ST
LN
WINDSOR
AVONDALE
JAQUELINE
CYNTHIA
AV
E
PE
R
M
A
N
E
N
T
E
STO
NE
PL
RE Y
C RI STO
LN
FRIARS
CT
WY
K
R
I
N
G
R EY
CR
I
S
T
O
PL
CE
D
A
R
MO
L
TZ
E
N
D
R
PL
KINGS
B
UR
Y
WY CANDLELIGHT
CRESTLINE DR
PL
HO
L
L
A
N
D
E
R
R
Y
CT
LOC
KFOR
D
TUSCANY PL
CT
HILL S L N
COLONY
LN
CHASE
STEE
P
L
E
FL
IN
TS
H
I
RE
S
T
CO
L
UM
B
U
S
LA PALOMA DR
LINDA
BEL AIRE CT
WILKINSON TE
RR
A
C
E
D
R
PALOS
CLARKSTON
DE ANZA
DREA RD
N SCIR
AN
ZA
DE
MT
S
T
PL
REGNA
R
T
C
T
L
I
N
D
Y
LI
ND
Y
P
L
DR
R
E
G
N
A
R
T
DRCRAIGAVEMILLERDREDSELWYIMPERIALWYDE VILLEWYCAPRILNBELVEDEREAVEBLANEYS
ST
MELV
IN
ARLINGTON
ST WINDSOR
ST AVONDALE
LN
AV
E
PH
Y
L
LIS
WEYBURN
DR
LN
CHIALA
DR
GO
LDE
N
GA
TE
VIA
V
I
CO
HI
L
L
NEWSOMAVECARVERDRHUNTERCTCULBERSTONTANTAUAVEMORENGOTUGGLE PL JOHNSON
SQUARE
SQUARESQUARESQUARE
SQUARE
WY
ASP
EN
WY
SE
Q
U
O
I
A
SEQ
UOIA
T
AV
E
PASADENA
IMPERIAL
AV
E
AVE
AVE
GA
RD
E
NVI
E
W
LN
MO
NT
E CT
CO
RT
E
M
AD
ER
A
L
N
MAN N
CT
WO
O
DBU
RY
D
R
OA
K
D
E
L
L
P
L
NO
LL
OAK
CRE
E
KS
I
DE
ME
A
D
O
W
SI
L
V
E
R
O
A
K
C
T
CT
MELISSA CT
DEGASCT
EL PRADOWY
A LI CIA C
T
SAN FELIPE RD
LO
NG
D
O
WN
LOCKWOOD DR
SA LEM
AV
E
BIXBY DRMELLO
BL
UE
LN
BA
R
K
DR
COR
O
N
AD
O
DR
GA
L
L
I
GA
L
L
I
C
T
DR
RA
I
N
B
OW
RD
WE
S
T
M
O
O
R
W
Y
CR
ZA
S
C ALABA
C
T
WY LONGFELLOW
WY BUCKTHORNE
WY KINTYRE WY
WIN
D
S
O
R
BLANEY
E DDIN
G
TO N PL
DA
RT
M
O
O
R
McGREGOR WYWY
DE
VON
LOCH LOMOND
PR
OSP
E
C
T
CT TRIUMPH
DR
SH
A
R
ON
DU
C
K
E
TT
T
W
Y
DR
BROOKVALE
DR
CT
OR
C
H
AR
D
CT
SE
V
E
N
C
T
CANY ON
C
A
N
Y
O
N
RD
PA
L
O
M
A
RD
BA
L
BO
A
EL
R
D
CE
R
R
IT
O
RD
JUAN
SA
N
RD
LA
PO
R
T
O
RD
JACINTO
S
A
N
F E RNANDO
DR
RD
NORANDA DR
CT
LARRY
LU
C
IL
LE
D
R
CTWICKPREST PLSHETLANDCTKILLDEERLINNETLARKPLSELKIRKLNPLKINGLETPARNELL PL FINCHAVESALLELAMAGELLAN AVEAVESOTODECODY CTRANDOLPH AVECTFULTONAVE HILLSDALEDRMONTCLAIRWYDANIELDRHERRAN LADRLOWELLCTGRINNELLDRDAWSONDRMACKENZIEDRBALDWIN DRHANCOCKDRHOWARDDRSULLIVANCTHILLSDALEDRHUDSONAVECARLYSLEAVEMEADOWDRGIANNINIAVEHUBBARDDRSHASTALNMELODY
CT
LO
M
O
N
D
LO
C
H
WY
CARMONACT
LO
M
I
T
A
A
V
E
VIST
A
DR
LA
P
ALO
MA
D
R
TO
M
K
I
C
T
RI
V
E
RC
R
E
ST CT
CL
O
VE
RL
Y
CT
KI
N
S
T
EA
T
O
N
PL
D
R
SP
RI
N
SEVEN
SPRING CT
SPRING CT
SPRING CT
SUNRISE
FIRWOOD DR
VO
SS
DR
CRIC
K
E
T
RD
HI LL
BR
ID
GE
DR
JUAN
LOCKWOOD MED
INA
LO
C
K
S
U
N
A
R
T
BLVD DE ANZA
CHARLO QUEEN
BELLEVILLE
LEAF FALLEN
EL
MA
R
S
H
A
L
L
C
T
ST
E
V
E
N
S
P
L
SERENO AVE
EXPWY LAWRENCEDRSWALLOWQUAIL AVE AVE PEACOCKWYLORNEWYLORNENIGHTINGALE AVE MEADOWLARK LN RD WOLFEDRLONDONDERRYHERON AVE HERON AVEDRLONDONDERRYLAMBETH CT WYLANGPORT DR
CANARY DR
BLUE JAY DR
KO
D
I
A
K
C
T
RD
HO
M
E
S
T
E
A
D
LA
G
R
A
N
D
E
D
R
ONTARIO DR
HOLLENBECK AVE
NEW BRUNSWICK AVE
CT
LO
W
E
L
L
DR
LO
U
I
S
E
ST SAMEDRA
AVE HOLLENBECK
AVE MARY S.
KA MS ACK
C T
DR
KA
M
S
A
C
K
RD
HO
M
E
S
T
E
A
D
RD
HO
M
E
S
T
E
A
D
AV
E
S
A
L
L
E
LA
MA
C
K
E
N
Z
I
E
D
R
DR
KARAMEOS
DR
OL
Y
M
P
U
S
C
T
WY LAURENTIAN
A
V
E
TE
LL
O
POC
A
KIMBERLY
LAMONT CT
KARAMEOS CT
AVE WRIGHT
CT CHETAMON
AV
E
PE
N
D
L
E
T
O
N
CT CHITAMOOK
BANFF DR
CALGARY DR
AV
E
PE
Y
E
T
T
E
DR
WAL
LA CE
MAXINE
SYC
DR
HO
N
EYS
UC
K
LE
C
T
DE
O
D
A
R
A
DR
DR
L
N
WISTA RIA
C
T
WI
S
T
A
R
I
A
RE
D
W
O
O
D
VIN
E
Y
A
RD
VI NE YA RD CT
CT
SYC
A
M
O
R
E
D
R
DE OD AR A
EXP WY
VIA ESCALERA
CHULETA CT
MAD
E
R
O
S
VIA
DR
CT
AN
C
O
R
A
CT
CA
MP
A
NAS
LA
SVENTURA
DR
UER
TA
DR
LOCKHAVEN
TION CITA
CT
STONEHAVEN
AVE
VO
S
S
LN
KI
R
WIN
PL
CT
CT
O
R
E
VERDE
PL
B
E
LL
A
SPRING CT
GS
CT
SP
R
I
N
G
S
CT
IN
G
LN
FFE
R
WO
OD
CT
RD
RD
SARATOGA SUNNYVALE RD
L
N
O
A
K
VIA RONCOLE
JAMESTOWN
C
T
NA
RI
TA
N
CT
AD
A
GRAN
ME
A
D
OW
O
AK
W
Y
WY
MA
UR
E
EN
PR
OSP
EC
T
GALWAY DR
P
L
DR
DO
N
E
GA
L
POPPY
DR JAMESTOWN
PRIMROSE
BA
R
N
H
A
R
T
LNCT
AV
E
L
E
E
D
S
DR
WA
TE
RF
ORD
CT
DR
WY
DR
ROSEGARDENLN
PL
U
M
BL
OS
SOM
WY
SARATOGA VILLA PL
LN
JU
LI
E
D
R
ARROYO
CR
EE
K
AS TE RNE
W
C
AS
TL
E
NOR
MA
ND
Y
PEA
CH
B
L
OS
SOM
DR
ST
AU
SE
E
B
E
R
C
T
ASTER
SWALLOW DRFORGE AVEPRUNERIDGEHOMESTEADRD
NILE DR DR
DR DR
SU
I
SU
NDR
SO
M
E
R
S
E
T
CT SPRING
SPRING
SPRING CT
CT
SPRING
SP
R
SPR
DRSPRINGS
IN
G
CT
PARK
SPRING CT
SPRING CT
SPRING CT
LN
BIRCH
CEDAR
OAK
B RIDGE
VI
N
E
YAR
D
TIMBER
OLIVE
PALM
WALNUT RIDGE CREEK
CT
DOR
O
T
HY ANN
WY
MAR
I
A
LN
HILLS
LN
BL
U
E
RAINBOW
UP
LA
ND
WY
RD
HILLS
RO LLIN G
REG
N
A
R
T
PR
OS
PE
C
T R
D
RD
REGNART
B
O
W
H
I
L
L
C
T
S TE LLI NG RD
BU
R
NE
TT D
R
RD
RANCHRD
CT
PARKER
R
A
N
C
H
CA
M
A
R
D
A
CAROL LEE DR
CHA
V
OYA DR
LN RANDY
DR
VIS
T
A
C
T
WILL CT
MINER
PARLETT
DR
BANDLEY
WY SAICH
CIR
PARK
BEARDON
EL
E
N
DA
D
R
N PORTALN BLANEY DRWHEATONMYER PLCTTONI BILICH PL RIEDEL PL
CA
L
I
A
V
E
TULA LN TU
L
A
C
T
ST
SO
L
A
DR WESTERN
LN
BONNY DR
BONNY DR
DR WESTACRES
WY TONITA
PARADISE DR
TERRY WY
DR
CH
E
R
Y
L
NA
N
C
Y
C
T
CT
CR
A
I
G
DR
SH
E
L
L
Y
AV
E
DR
SU
N
R
I
S
E
DR
SC
O
F
I
E
L
D
MCLAREN PL COLBYDENISONNORWICHAVETWILIGHT CTAMHERST AVERDWOLFEAVEAVEAVECTCTDRMERRITTDRAUBURNDEODARA DR CT BAYWOOD PLUMTREE LN FIGTREEPEARTREEPEAR TREEDRBAYWOODCYPRESS DR AVE
VISTA DR
PRUNETREE LN
CHERRYTREE LN
PEACH TREE LNDR
AP
P
LE
T
REECTORANGETREECEDAR TREE LN DRMERRITT
LN
WY
RANDY
INFINITE LOOP
PL
PL
PL
DR
AC
A
D
I
A
C
T
DR
GR
E
E
N
VA
LL
E
Y
AV
E
MA
R
IA
N
I
DR
BANDLEY
GR
E
E
N
L
EA
F
DR
DRDR
DRDRDR
GAR
DEN
G
AT
E
HA
NFO
RD
FA
RGO
DU
N
B
A
R
GR
E
E
N
L
E
A
F
GREEN
VI
A
V
O
L
A
N
T
E
NORTHFIELD NORTHVIEW
NORTHRIDGE
NORTHOAK
NO
R
T
H
C
O
V
E
NO
R
T
H
G
L
E
N
NORTHCRESTNORTHWINDNORTHSHORE
NORTHSKY
NORTHSEAL
NO
R
T
H
B
R
O
O
K
NO
R
T
H
W
E
S
T
HO
M
E
S
T
E
A
D
DRDRAKEBEEKMAN (PVT)DR
ON
D
A
S
LA
S
D
A
N
U
B
E
D
R
RDRD LNCTCTBECKER LN AVE CTRODADRCTAVE LNJOHNDR DRWYLASONDASWYEDRFINCH
JOLLYMAN DR
WOLFE CT STILSONAVECREEKSIDE PARKFOUNTAIN BLUE APTS
McCLELLAN PL
RIDGEVIEW CT AVE MILLER
SWAN
COM
P
LE
X
CU
P
E
R
T
I
N
O
CI
T
Y
C
E
N
T
E
R
CIR
PARK
AVE
LA
Z
A
N
E
O
D
R
MA
RI
A
N
I
BLUE JAY DR NORTHHURST DR
GR
E
E
N
D
R
AC
C
E
S
S
V
A
L
L
E
Y
LOMBARDO
PAVISO
CALLE DE BARCELONA PHILPARKVIEW
VIA SORRENTO
PA
V
I
S
O
D
R
MILLER AVE
VIA
S
A
N
M
A
R
I
N
O
VIA P
A
L
A
M
O
S
VIA
P
OR
TO
F
I
N
O
VIA
N
A
P
O
L
I
BRENDA CT LINDA C TDR CHELMSFORDDRCHELMSFARMINGHAMDREDMINCHELMSFORD DRGUESDRDRDRPLTUGGLEAVEAVECYNTHIADR W UNDERLICH HANNADR NEWSOMAVEDRGASCOIGNESQUARE
SQ
U
A
R
E
SQ
U
A
R
E
SQ
U
A
R
E
SQ
U
A
R
E
CE
L
E
S
T
E
C
I
R
WY
WY
DR
OR
A
N
GE
B
LOS
SOM
COZETTE LN LOREEAVE RALYA CT RUNO CT PRING CRABTREEAVE JOHNSONAVEDRCALVERT WUNDERLICHMENHARTDRMORETTIDRSTERNBRETLNAVEBLVDLOREEAVEJUDYTWIGLNTILSONBARNHARTDRPENDERGASTAVEAVEBARNHARTSTERLINGSTARRETT CTMEDICUS CT AVE
CT
CIR
HO
M
E
S
T
E
A
D
NO
R
T
H
W
O
O
D
D
R
RD
VA
LL
EY
HOMESTEAD
DUMAS DR
KEN
TWO
O
D
AVEANZAVILLA DEAVEBLANEY
CE
L
E
S
T
E
C
I
R
DR
DR
VIRGINIA
LAZ
AN
EO
PARISH PL
PKWY
PI
N
TAG
E
PHILLN EST ATES
CT
CTYOSHINOWYSAKURAPLCIR
ANTOINETTE DR MICHAEL
PINOLE CT
DR
JO
HN
LAAVEBLANEYDRRODALA LA RODA
FARALLONE
FARALLONE
LY
NT
ON
CT
PA
T
R
IC
C
T
WY MARTINWOOD
WY
GILLIC
K
WY
CLIFDEN
WY WHITNEY
ST
CL
A
Y
AV
E
SI
L
V
E
RA
D
O
DRCT GREENWOODLEOLA CTGREENWOODROSEMARIEPLCT DRMARLAPORTALAVEDRIRODRVICKSBURGDRAUBURN(PVT)VICKSBURGDRE ESTATESDRRICHWOODAVECOLD HARBORAVOCADO PL PRICE
FRANCO CT
CT CEDAR TREE LNMEIGGS SUTTON PARK PLAVEAVEHYDELNWILLOWGROVEDRFERNGROVELNBROOKGROVEDISNEY LNSTENDHALCTDRSHADYGROVELNLN WYCTDRCANDLEWOODAVEMILLERLA MAR ATES ESTATHERWOOD AVE MYRTLEWOOD DRLNDRCOTTONWOODBLAZINGWOODALDERBROOKDR BROOKWELLDR E ESTATES W ESTATESWILLOWBROOK WYLINDENBROOKBRENTCTAVEBETLINBETTEAVEDRCLIFFORDRAMPART AVEAVEDAVISONAVEPINEVILLEAVEILLEOAKVMALVERNAVELINDSAYAVELANDSDALE AVEGLENVIEW
JOHN
LN
BO
L
L
I
N
GE
R
DR
HEA
T
H
E
R
WO
O
D
DR
DE
L
A
F
O
RGE
DR WESTLYNN
DR
DU
M
A
S
DR
DE
F
OE
VERNIE
ST KIM
LN
KIR
W
I
N
WY
ERIN
BL
OS
SOM
LN
WY FELTON
WY
LONNA
ST KIM
AV
E
CLEO
RUPPELL PL
DR
RA
I
N
BO
W
LN
DR
S COT
L
AND
AVE
ROLLINGDELL CT
ANNETTE WY
ROL
LI
N
GD
EL
L
PL
ST
A
N
F
OR
D
LN
TI
P
T
OE
LN
FA
L
L
E
N
L
E
AF
ORLINE CTBIANCHI WYDRGLENCOEGLENCOEDR
GR
A
N
A
D
A
RI
F
R
E
D
I
C
T
SPRINGS LN
SPRING CT
CT
SPRI
NG
ROCK SPRING
SPRINGWELL
CT
FOL
KE
S
T
O
N
E
STAFFORD
SU
N
D
E
R
L
AN
D
RAINB
OW
CT
PUMPK
IN
LN
SAN
SAN FERNANDO AVE
PL
SCENIC
PA R T HR EE D R
VA
L
EN
C
I
A
BARRANCA
SEGOVIA
DO
R
A
D
O
MA
LA
GA
GR
A
NA
DA
CO
RDO
B
A
AV
I
L
A
VILL A R EA L
ST
LU
BEC
DR
PA
RK
WO
OD
DR
PA
R
K
PL
GL
EN
RAMONA CT
PL
WY
HO
O
H OO
CARMEN RD
DR
DR
AVE
C L EARCR
E
E
K
CT
PHARLAPDR
OA
KL
EA
F
CT
OAKLEAFRD
ADRIANA
ASPEN
DR
RD
DR
CT
MI
M
O
S
A
ARBORETUM
LN
FIR
LN
BEECHWOOD
DR
CT OAKCREST
CRE EK
HENEY
PL
PO
P
P
Y
D
R
SA
L
E
M
DR
DR
B
A
R
R
A
N
C
A
PEN
IN SULA
R
A VE
P
E
R
M
A
N
E
N
T
E
HA
MM
ON
D
W
Y
HAM
M
OND WY
CR
IS
T
O
R
EY
D
R
S
E
R
R
A
S
T
CA NYON
O AK WY
PER
A
L
T
A
C
T
MADRO
N
E
M ADR
O
NE C
T
MANZANITA CT
MA NZ ANITA
J
U
N
I
P
E
R
C
T
OAK V ALLE
Y
R D
Mc
C
L
E
LL
AN
GR
E
E
N
LE
AF
DE MPE S TER
D
O
S
P
A
L
O
S
B
E
A
V
E
N D
R
CHISHOLM AVE
BREWER AVE
MARY
LIND A VIS TA
M
c
C
L
E
L
L
A
N
CL
E
A
RW
OOD
R AE
LN
SCENIC
MIRAVISTA
CT
SC
E
N
IC
CIR
RIVIERA
R
D
JA
NI
C
E
A
V
E
BE
L
L
E
V
U
E A
V
E
AVE
B
L
V
D
ADELHEID
CT
CT
D
E
A
N
C
T
CTLM
EIR
STO
CK
QUINTERN O
RD
CT
C
R
ES
AINSWORTH
RD
S
T
STONYDALE DR
AMELIA CT
CEN
T
C
R
E
S
C
E
N
T
CT
CT
VA
R
I
A
N
W
Y
HY
A
N
N
IS
PO
R
T
PL
HY
A
N
N
IS
PO
R
T
SH
A
TT
U
CK
DR
DR
CRISTO REY DR
SY CA MO REBLACK OAK
BE
LK
N
A
P
BELKNAP CT
DR
DR
YORKSHIRE
DR
D
R
WY
ROBI NDE LLWY
MI LKY
STELLING
PL HUNTERSTON
DR DERBYSHIRE
LN
OR
I
ON
C
R
PU
M
P
K
I
N
DR
AV
E
K
R
Z
IC
HVA
I
A
VE
WO
O
DL
A
R
K
WY
PENNINGTON LN
DR
N
O
V
E
M
B
E
R
CREEKLINE
SHA
D
O
W
H
I
L
L
BE
RL
A
ND
C
T
S
HOLLYHEAD LN
WE
ST H
I
LL
L
N
HILL CT
WE ST
C
TDR
EL MS FO RD
DRCT
MA
NI
T
A
CT
SQ
U
I
RE
HI
L
L
LN
WEYMOUTH DR
DR
LI
L
Y A
VEANTON
WY
FEN
W
AY CT
LA
U
R
E
T
T
A
HA
Z
E
L
B
R
O
O
K
CT
GR
E
N
O
L
A
D
R
AVE
DR
HALE PL
GARDENA CT
GA
R
D
E
N
A
D
R
DR
CTLEON
G
D
R
CT
JE
A
NN
E
TT
E
AM OR E CT
BA
L
B
OA
STJO
OR
C
H
A
R
D
C
T
A
L
P
I
N
E
C
O
R
D
O
V
A
AN
D
RE
W
S
ST
FIR
EC
H
O
H
I
L
L
C
T
TRE
S
SLER
CT
LAKE SPRING CT
WYDR
RESULTS W
Y
PARK
PA
R
K
RD
RD
RD
C
T
HOO SHANG
SANTA CL ARA
UN
I
VE
R
S
IT
Y W
Y
STO KE S AV E
FI
T
Z
GE
RA
L
D
D
R
HE
R
M
O
S
A
A
V
E
OA
KVI
E
W
LN
AL
M
A
D
E
N
A
V
E
AVE
MINAKERCT
OL
I
V
E
A
V
E
AVE
C
T
V
I
EW
L
N
AVE
DR
PE NINS U LA AVE
N OE L A VE
AVE
ALHAMBRA
BUBB
G
R
A
N
D
AV
E
RUM
FO
RD
MARY
AVE
A
V
EAVE
EM P IRE
ANSON
DEX
TE
R
D
R
DR
MA DE RA
CA
R
O
LI
N
E D
R
DR
ST
I NO
CA M
VIA
CT
CT
AL
DER
NE
Y
B
E
R
K
EL
E
Y
C
T
DR
CR ES TON
BI
T
T
E
R
O
A
K
S
T
SWEET OAK ST
C
T
HIBISC
U
S
D
R
CTBEN
N
ET
T
I
ST
O
K
E
S
FL O
DR
RENCE
DR
WILSONCT
AVE
DR
AVE
MIL
L
ARD
LN
MET
EOR
NATHANSON AVE
AVE
MI
L
FO
RD
PL METEOR
DR
DR
ESQUIRE PL
CASTINE
A
M
U
L
E
T
DR
AVE
ANN ARBOR LI
L
Y
ROSE BLOSSOM DR
DR
FE ST IV AL
KENM
C
T
DR
LI
L
A
C
C
T
CT
LILY
AV
E
LIL
A
C
CATALINA CT
LA JOLLA CT
TERRA BELLA DR
S
A
N
T
A
REG
N
A
R
T
RD
MON R OV IA
ST
BUBBRD
LN
RD
RD
RI
CAR
DO
MIRA M ONT E
KESTER DR
CANYON
RD
CANY
O
N
VI
E
W
CIR
AV
E
LEAVESLEY
VISTA
DRYDEN AVE
RO
S
A
R
IO
BA
X
L
E
Y
C
T
EV
U
LI
C
H C
T
WY
CAS
TL
ET
O
N
AV
E
RU
C
K
E
R
D
R
SANTA
CO
LU
MB
U
S
ED
W
AR
D
RONALD WY
TERESA
MARIA ROSA WY
C
R
A
N
B
E
R
R
Y
DR
PL
R
D
STEVE
N
S
DR CHACE
CT
HAR
T
MA
N D
R
BLVD
ST
A
R
L
I
N
G
LIN
DA A
NN
K
E
N
D
L
E
VIS TA K N OLL B LV D
ALPI
NE
B
A
H
L
S
T
DR
CT
VI
CER
O
Y
DR
CU
P
E
R
T
I
N
O
R
D
CASS
JANICE AVE
ST
VEN
TU
RA
OA
K
W
Y
DR
LO
M
I
T
A
E LDE
RWO
OD
SILVER
SUNSET
SEVEN
FO
R
E
S
T
RA INTREE
COPPER
FALL CREEK
EVENING
MORNING
CT
LN
OA
K
M
EA
D
O
W
PHAR LAP
B LOS S OM
RO SE
RD
LUCKY OAK ST
DR
GROVELAND
CR
E
S
T
O
N
AIN
S
W
O
R
T
H
DR
DA VISTA LINPL
MADRID
DR
DR
AVE
FT BAKER DR
OLD TOWN
NEW HAVENCT
PR
E
S
ID
IO
CT
DO
LO
RE
S
A
V
E
ALC
AZA
R
A
V
E
McC
LE
LLA
N
FE
RN
A
N
D
O
A
V
E
RD
BYRNE
SA
N
CT
IMPERIAL
NO
O
N
A
N
CT
ORANGE
AVE
S EPTEM B ER
SH
AN
N
O
N
C
T
HOL
LY
O
A
K
D
R
CT
LIBERTY
PROVIDENCECT
DR
DR
CT
EL
M
CT
BUBB
FES
TIV
AL
NOVE MBE R
CR ANBERRY
CT
FI
E
S
T
A
SEPTEMBER DR
A
U
G
U
S
T
L
N
OC
T
OB
ER
FA
LL
CT
CIR
CLIF
F
DR
VISTA D
R
C
Y
N
V
IST
ADR
ST
CHADWICK PL
CO
LL
IN
GS
W
O
R
TH
S
TSUTHERLAND
DR
L
N
LIN DY
CO
U
N
T
R
Y
VI
A
E
S
P
L
E
N
D
O
R
N. STELLING
SPRING CT
SPRING CT
SQU
IR
EWO
O
D
W
Y
JO
LL
Y
MA
N L
N
O AK VAL
L
E
Y
CT
HOMESTEAD
CT
AVE
TA
MA
R
I
N
D
VISTACT
LA
V
IN
A CT
TU
L
I
T
A
DR
MARCYCT
DR FIR
RE
D
RD
NO
B
L
E
F
I
R
RDCT
CO
R
Y
FIR
WHI
TE
WY
CT CA
R
R
IA
G
E
CL
H
U
N
T
RI
D
GE
L
N
FLORA
PE
P
P
E
R
T
REE
FA
IR
WO
O
DS
SA
G
E
LN
SAN
RD
COR
DO
V
A
ME
RC
ED
ES
LN
N
I
D
A
CT
KRIST
A
CT
OAK
ST
A
ND
I
N
G
FOOTHILL
DU
BO
N
A
V
E
PRADO VISTA DR
CAMINO VISTA
WO
O
DR
ID
GE
C
T
RA
NC
HO
PALOVISTA
WALNUT CR
AV
E
AV
E
PA
U
LA
SA
N
TA
SAN LEANDRO AVE
CLU
B
H
O
U
S
E
L
N
RD
DR
CLIFF
DR
DEEP
McCLELLAN RD
McCLELLAN RD
MCKLINTOCK LN
MERRIMAN RD
MEADOW PL
AVE
RD
RD
CANYON
ALC
AL
DE
LEBANON
LN
LE
B
A
N
ON
A
V
E
ME
D
IN
A
SA
N
STEVENS
SA NTA L UCIA RD
RIV
E
R
S
I
D
E
MERRIMAN AVE
NO
R
TH
SO
U
TH
PA
L
M
Mc
C
LE
LL
A
N
BAL
U
ST
RO
L
C
T
CAR
N
O
U
S
T
I
E
C
T
C
A
R
T
A
B
L
A
N
C
A
SIL
V
E
R
O
A
K
L
N
VIA
BARBARA LN
RD
Mc
C
L
E
L
L
A
N
RO
DR
I
GUE
S
RO
DR
I
GUE
S
FOREST PARKSIDE LN HALL CT
AV
E
SORENSON AVEANNE LN SOUTH TANTAU AVEPKWYVALLCODR
ANN ARBOR CT
CH
RI
STE
NS
EN
DR
WY SENATE
WY
AL
V
E
S
DR
PA
T
R
I
O
T
SOUTHSTELLINGRD
AL
V
E
S
DR
NORTH STELLINGRD
AVE TORRE
PA
C
I
F
IC
A
PARISH PL
AVEDEEPROSEPLAVE WINTERGREEN DRCRAFTRICHWOOD CTDR AVE
SOUTH DE ANZA BLVD
TOW
N
LN
CE
NT
E
R
STEVENS CREEK BLVD
LANE
MA
C
A
D
A
M
AL
L
E
Y
CONGRESS PL
PL UNITED
FRE
EDO
M
HO
G
U
E
CT
VISTA
CA
RT
W
R
IG
HTWY
JO
S
E
P
H
CR
CHARSAN
SILVER
R1
-
7
.
5
P(R1)
PR
R3
R1
-
7
.
5
R1
-
1
0
BAP(
R
e
s
,
C
G
)
P(
R
2
)
P(
C
G
)
RH
S
R1
-
2
0
R1
C
-
2
.
9
Pr
e
R
1
-
1
0
P(
R
e
s
1
0
-
2
0
)
R1
-
1
0
R1
-
1
0
R1
-
1
0
R1
-
7
.
5
P(
R
1
C
)
R1
C
P(
R
e
s
1
0
-
2
0
M
i
n
i
-
S
t
o
r
)
P(
C
G
,
M
L
,
R
e
s
3
5
)
R1
-
a
P(
R
1
C
)
P(
R
e
s
)
R2
R2
P(
C
G
)
R1-7.5
P(
C
G
)
BQ
Pre-PR PR BQR1-6R1-6eBQPRBQP(R1C)R1-10P(R1C)R1-10R1CR1-10R1-10 P(R1C)P(Res 5-10)R2-4.25 P(R1)R1-10 R1-6 PRR1-7.5
R1
C
R1
-
1
0
R1
-
1
0
ML
P(
C
G
)
R1
-
2
0
A1
-
4
3
R1
-
2
0
RH
S
-
1
5
RH
S
-
4
0
RH
S
-
9
0
RH
S
-
4
0
0
RH
S
-
1
2
0
RH
S
-
1
8
0
RH
S
-
7
0
RH
S
-
8
0
RH
S
-
4
0
RH
S
-
2
1
RH
S
-
4
0
RH
S
RH
S
-
1
0
0
RH
S
-
1
2
RH
S
-
4
0
R1
-
8
A1
-
4
3
RH
S
-
1
2
0
R1
-
1
0
RH
S
-
1
2
0
PR
Pr
e
-
R
H
S
RH
S
-
3
0
RH
S
-
3
0
P(
R
e
s
)
R2
-
4
.
2
5
R1
-
7
.
5
P(
R
1
C
)
P(
R
3
)
R1
-
6
BQ
R1-6
BA
BA
R1
-
7
.
5
P(
R
1
-
7
.
5
)
R1
-
7
.
5
R1
-
8
P(
R
1
)
R1
-
7
.
5
PR
R1
-
7
.
5
P(
R
1
)
R1
C
-
7
.
5
R1
-
8
OA
R1
-
1
0
BA
R2
-
4
.
2
5
R1
-
7
.
5
BQ
R2
-
4
.
2
5
R1-10 (25' Front Setback)
R3
BQ
PR
PR
P(
R
e
s
)
RH
S
-
8
0
RH
S
-
1
7
5
RH
S
-
1
2
0
A-
2
1
5
RH
S
-
1
0
0
RH
S
-
4
0
P(
R
1
C
)
R1
-
1
0
RH
S
-
2
1
8
RH
S
-
2
1
R3
P(
C
G
)
P(
R
e
s
)
R2
-
4
.
2
5
P(
R
1
)
R2
-
4
.
2
5
R2
-
4
.
2
5
R2
-
4
.
2
5
i
R2
-
4
.
2
5
PR
R2
-
4
.
2
5
R2
-
4
.
2
5
i
R2
-
4
.
2
5
i
R1
-
7
.
5
R2
-
4
.
2
5
R1
C
R2
-
4
.
2
5
R2
-
4
.
2
5
i
R1
-
7 R1
-
7
.
5
RH
S
-
2
1
RH
S
-
3
0
RH
S
-
2
1
RH
S
-
4
0
0
BQ
RH
S
-
2
6
0
R1
-
7
.
5
R2
-
4
.
2
5
P(
R
1
)
R1
-
7
.
5
FP
-
o
R1
C
-
7
.
5
R1
-
3
2
.
5
R1
-
7
.
5
R1
-
1
0
A1
-
4
0
BA
BA
BQ
R1
-
6
R1
-
7
.
5
R1
C
-
7
.
5
P(
R
1
)
BQ
R1
-
6
R1
-
7
.
5
P(
C
G
)
R3
R1
C
BQP(Hotel)BQ Pre-T R1-7.5 BABAR1-10
P(
R
1
)
R1
-
6
i
P(
R
3
)
P(
R
e
s
)
P(
R
3
)
P(
R
e
s
)
PR
RH
S
-
7
0
RH
S
-
7
0
RH
S
RH
S
-
1
5
0
RH
S
-
1
7
0
RH
S
-
8
0
RH
S
-
4
4
0
RH
S
RH
S
-
4
0
RH
S
-
1
2
0
RH
S
-
8
RH
S
RH
S
-
8
0
PR
RH
S
-
1
0
0
RH
S
-
7
0
PR
RH
S
-
1
9
0
RH
S
-
6
0
RH
S
-
1
7
0
RH
S
-
2
1
OS
RH
S
-
8
0
RH
S
-
3
0
RH
S
-
2
1
8
RH
S
-
1
0
0
R1
-
1
0
P(
R
e
s
)
P(
R
e
s
4
-
8
)
P(
R
e
s
)
R1
C
BQ
PR
P(
R
e
s
)
P(
R
e
s
)
PR
P(
I
n
s
t
i
t
u
t
i
o
n
a
l
)
PR
P(
R
e
s
)
PR
Pr
e
-
B
Q
A
A
R1
-
1
0
R1
-
2
0
R1
-
7
.
5
R1
-
1
0
R2
-
4
.
2
5
R2
-
4
.
2
5
R2
-
4
.
2
5
R3
P(
R
1
0
-
2
)
R1
-
1
0
BA
R1
-
1
0
R1
C
-
3
.
2
R1
C
P(
C
G
)
P(
B
Q
,
M
i
n
i
-
S
t
o
r
)
BA
R1
-
7
.
5
BA
P(
C
G
)
P(
R
e
c
,
E
n
t
e
r
)
P(
R
e
c
,
E
n
t
e
r
)
P(
C
G
)
R3
BA
P(
C
G
)
P(
R
e
s
1
0
-
2
0
)
P(
R
1
C
)
P(CG)ML-fa P(R2, Mini-Stor)R3 BQR1CP(R1C)P(Res)A1-43R1-7.5Pre-R1-7.5P(CG, Res)BQ BA
R1
-
1
0
P(
C
G
,
O
A
)
R1
-
1
0
R2
-
4
.
2
5
R1
-
7
.
5
i
P(
R
3
)
R1
-
1
0
i
RH
S
R1
-
7
.
5
RH
S
-
4
0
R1
-
1
0
OS
RH
S
-
2
4
0
RH
S
-
3
0
BQ
R2
-
4
.
2
5
R2
-
4
.
2
5
R1
-
1
0
RH
S
-
2
1
RH
S
-
2
1
8
RH
S
-
1
2
0
RH
S
-
1
0
0
RH
S
-
4
0
RH
S
-
6
0
RH
S
-
4
0
RH
S
-
4
0
RH
S
-
1
0
RH
S
-
2
0
RH
S
-
1
2
R1
-
2
0
RH
S
-
8
A1
-
4
3
R1
-
2
2
R1
-
1
0
R1
-
7
.
5
PR
R1
-
2
0
P(
C
G
,
O
A
)
P(
R
1
C
)
P(
R
3
)
ML
-
r
c
P(
M
L
)
P(
R
e
s
)
P(
R
e
s
)
P(
R
e
s
4
.
4
-
7
.
7
)
R1
C
P(
R
1
)
P(
R
e
s
4
.
4
-
1
2
)
P(
C
N
,
M
L
,
R
e
s
4
-
1
2
)
P(
R
1
)
R1
-
7
.
5
P(
R
e
s
)
P(
C
N
)
P(
R
2
)
P(
R
e
s
)
R1
-
1
0
R2
-
4
.
2
5
i
BQ
P(
R
e
s
1
0
-
2
0
)
A1
-
4
3
P(
C
G
)
BQ
P(
C
G
)
R3
R3
BA
P(
C
G
,
M
L
,
R
e
s
)
R3
R1
-
1
0
BQ
R2
-
4
.
2
5
P(
C
G
,
M
L
,
B
Q
,
R
e
s
)
BQ
R3
BQ
BQ
P(
R
1
C
)
P
BQ
BQ
R1
-
6
i
BA
BQ
R1
-
6
P(
R
e
s
)
BA
P(
C
G
,
R
e
s
5
-
1
5
)
P(
R
e
s
1
0
-
2
0
)
P(CG)
R3
R1
-
7
.
5
P(
R
e
s
5
-
1
0
)
P(R
e
s
)
P(Res)R1-6P(Res5-10)R1-10
P(
C
G
,
M
L
,
R
e
s
4
-
1
0
)
P(
R
1
-
7
.
5
)
P(
R
1
C
)
R2
-
4
.
2
5
R1
C
P(
C
G
,
M
L
,
O
A
)
R1-10 R1-10R3
BA
A1-43
CG
-
r
g
P(Res)-70 PR R3 R2-4.25iR2-4.25P(Res)BA R3 R1-6 BAP(Res)P(R2)BQBQPre-PRR1-5 R1-7.5
R1
-
7
RH
S
-
7
0
BQ
P(
C
G
)
P(
O
A
)
P(
R
1
)
P(
R
e
s
)
P(
R
e
s
)
P(
R
e
s
)
P(
R
e
s
)
R1
-
1
0
RH
S
-
2
0
0
RH
S
-
2
1
RH
S
-
3
0
RH
S
-
4
0
P(
R
e
s
4
.
4
-
7
.
7
)
P(
R
e
s
)
A
R1
C
P(
R
e
s
)
P(
R
1
C
)
R1
-
1
0
R1
-
7
.
5
R1
-
1
0
P(MP)
P(C
G
,
R
e
s
)
R3
-
2
.
2
R2
-
4
.
2
5
ME
R
R
I
MA
N RD
S.
D
e
An
z
a
B
l
v
d
Co
n
c
e
p
t
u
a
l
Pl
a
n
A
r
e
a
N.
D
e
A
n
z
a
B
l
v
d
Co
n
c
e
p
t
u
a
l
Pl
a
n
A
r
e
a
HE
A
R
T
O
F
T
H
E
C
I
T
Y
SP
E
C
I
A
L
C
E
N
T
E
R
Se
e
H
e
a
r
t
o
f
t
h
e
C
i
t
y
S
p
e
c
i
f
i
c
Pl
a
n
f
o
r
D
e
t
a
i
l
s
SS58
[\^082 Numbers following zoning designations denote minimum lot sizes divided by one thousand.The "Pre" designation denotes a prezoned unincorporated area and is colored white.°0.1500.150.30.075MilesZoning MapCity of Cupertino A1 BA BQ CG ML MP P OA/OP OS/PR R1 R1C R2 R3 RHS T- City Boundary - Heart of the City Specific Plan Area - Open Space / Public Park / Recreational Zone - Residential Duplex - Multiple Family Residential - Residential Hillside- Office / Planned Office- Mixed Use Planned Development- Planned Industrial Zone- Light Industrial- General Commercial- Quasi- Public Building- Public Building- Agricultural Residential - Single Family Residential - Single Family Residential Cluster - Transportation!!!!!!!!!!!!!!!!!!!!!!!
Project Effects
Permits are currently required for the removal of Specimen Trees over 10 inches DBH in all
residential zoning districts. Under the permit process, protected trees on private property must be
evaluated by an arborist and replacement plantings must be proposed unless the arborist concludes
that adequate planting area does not exist, in which case an in-lieu fee may be paid. As noted
previously, street trees are not covered by the proposed amendments and areas affected would be
front, side and rear yards, outside of the public right-of-way.
Under the proposed amendments to the ordinance, native trees and two non-native cedar tree species
between 10 inches and 12 inches in diameter and removal of a California Bay tree would no longer
require a permit or tree replacement. Removal of Specimen trees 12-24 inches DBH in size would
require a permit and replacement, with no arborist report, noticing, or recordation on property. The
possible effects of modifying protected tree permit requirements conceivably could include:
• removal of Specimen trees 10-12 inches DBH without replacement; and/or
• removal of California Bay trees greater than 10 inches DBH without replacement; and/or
• increased number of tree removals because the time and expense of obtaining an arborists
report and noticing tree removals would be removed and justifying the removal of tree
between 12-24 inches DBH would not be required.
Tree removal permits issued by the City of Cupertino during the period of January 2008-July 2014
were reviewed to assess the magnitude of tree removal requests throughout the City. The permits
included those for protected trees under both the Specimen tree and Approved Development tree
categories. As shown in Table 4, annual permitted tree removals Citywide ranged from 229 in 2009
to 646 trees in 2011. During this period, a total 31 cedar trees (an average of about 5-6 per year) over
10 inches DBH were removed from residential zones, including one in a RC1 zone. A single
California Bay was removed from a residence in a Planned Development [P(RES)] zone. During that
same period, one permit for the removal of a native Specimen tree was issued for properties in the
RC1 zone in 2014. Native tree removals from residential zones were predominantly Coast Live Oaks
or unspecified oaks. One Western Sycamore was removed from a residential property in 2010. A
comparison of the number of Specimen trees removed from residential zones (other than in Planned
Developments) to total trees removed with tree removals permits is shown in Table 4.
Protected Trees Ordinance Update Initial Study
City of Cupertino 17 October 2014
Pr
o
t
e
c
t
e
d
T
r
e
e
s
O
r
d
i
n
a
n
c
e
U
p
d
a
t
e
In
i
t
i
a
l
S
t
u
d
y
Ci
t
y
o
f
C
u
p
e
r
t
i
n
o
18
Oc
t
o
b
e
r
2
0
1
4
Table 4: Summary of Protected Tree Removal Permits
Citywide and in Residential Zones
Year
Citywide Specimen Trees in Residential Zones -Excluding Planned Development
Native Trees1 Non-Native Cedar Trees
Number of
Permits
Issued
Number of
Applications
Trees
Removed 10
-
1
1
”
DB
H
12
-
2
4
”
DB
H
>2
4
”
DB
H
Si
z
e
N
o
t
Sp
e
c
i
f
i
e
d
Su
b
t
o
t
a
l
10
-
1
1
"
DB
H
2
12
-
2
4
”
DB
H
>2
4
”
DB
H
Si
z
e
N
o
t
Sp
e
c
i
f
i
e
d
Su
b
t
o
t
a
l
2008 15 16 525 0 0 0 3 3 0 0 0 4 4
2009 21 21 229 0 2 1 9 12 0 2 0 0 2
2010 47 53 247 0 5 4 5 14 0 0 1 4 5
2011 73 78 646 1 2 4 7 14 0 5 7 1 13
2012 46 50 281 1 13 5 0 19 1 0 0 2 3
2013 44
50
379
1 3 1 1 6 0 2 2 0 4
20143 32 41 223 0 8 2 3 13 0 0 0 0 0
Total 278 309 2,530 3 33 17 28 81 1 9 10 11 31
1During the survey period of 2008-July 2014, a total of 42 of the 82 protected native trees removed from R1 and similar zones did not appear to be associated with
residential construction.
2One of the 82 native tree removals (in 2014) was in a R1C zone and one of the 31 cedar tree removals (in 2012) was in a R1C zone.
3Through July 2014.
To the extent development in RC1 and some R3 zones is more recent than much of the housing in R1
zones, landscape plans may have been required at the time of development. Tree removal from
properties with a landscape plan would continue to require a tree permit under the Approved
Development Tree category (refer to Figure 2).
Other tree removals that would no longer require a tree removal permit and replacement were also
tabulated for this period. The total number of tree removals of native trees (e.g., native oaks)
between 10 and 12 inches in diameter was two (2), although an additional 12 trees were not classified
as to their size.
An additional non-native tree, London plane, is proposed to be added to the list of protected
Specimen trees. This deciduous tree is widely planted as a landscape tree in the Santa Clara Valley
and is likely much more common in urban and suburban areas of the City than the California Bay
tree it is proposed to replace. Based upon general observations of the tree resources in the City and
the tabulation of previous tree removal permits (for California Bay), as a substitution, its placement
on the Specimen tree list could result in the requirement for additional tree replacement where
London plane trees are removed.
Tree removal may be considered by property owners for a number of reasons. Because trees
need space to grow both above and below ground, tree placement or growth can result in
conflicts with the built environment. Damage to sidewalks, roofs, or growth within power lines
are examples of conflicts that can occur. Trees also can become diseased or pose a safety hazard
to people on the ground if prone to breakage or due to poor structure. Some property owners
also may desire to remove a particular tree or tree species due to size, leaf, fruit drop, or
blockage of views or light.
Tree species composition in urban habitats varies with planting design and location (e.g.,
plantings suitable for climate and soil conditions). In addition, trees native to a site may be
retained as a part of overall site design. Trees are planted and maintained for a number of
purposes. In residential settings, the primary purposes of tree plantings are aesthetic (e.g., to
enhance the built environment), for screening between neighboring properties or roadways, for
shade, and for wildlife habitat (primarily urban-adapted birds). Once planted, trees are generally
retained on sites because of the value they provide in terms of visual quality, energy
conservation, screening, shading and cooling of urban and suburban areas.
Conclusions:
1. Areas Affected – Street trees are not regulated by the ordinance. On private property areas
affected would be front, side and rear yards, outside of the public right-of-way. Changes in
permit requirements would apply to tree removal in residential zones in the City, primarily
properties with established, older houses in R-1 and RHS zoning districts where landscape
plans or other approved development plans are not in effect or on file.
2. Reduction of Trees in the Urban Forest – The City’s tree protection ordinance is not the
primary factor in the retention of most trees within the City. Landowners maintain and plant
Protected Trees Ordinance Update Initial Study
City of Cupertino 19 October 2014
trees on their properties for their aesthetic, energy conservation, shade, and wildlife habitat
value. Currently, landowners in residential zones may remove non-native trees, other than
two cedar species, from their properties without a permit.
London plane is a relatively commonly planted landscape tree in the Santa Clara Valley. In
general, the addition of a common landscape species, London Plane, to the list of Specimen
trees could incrementally increase the replacement rate of removed, non-native trees in the
City’s urban forest.
3. Effect of Tree Ordinance Amendments – A Tier 1 Permit could be obtained for single
trunk Specimen trees between 12 inches and 24 inches DBH (and multi-trunk Specimen trees
between 24 and 28 inches DBH) without an arborist report or noticing, however,
replacements or in-lieu fee would continue to be required. Limits on the number of trees that
could be removed over a twelve month period from an individual property would reduce the
potential for a substantial change in visual character or composition of trees within a
residential area. Though California Bay would be removed from the list of protected
Specimen tree species, the number of trees that would be removed from residential lots in
Cupertino without replacement is anticipated to be low based on historic rates of removal and
the relatively low number of California Bay trees (compared to native oaks and Western
Sycamore) in valley floor, riparian and foothill areas of the City. Changes to the application
requirements for mature versus non-mature trees, based upon historic rates of removal of
trees in the 10-12 inch size class and on replacement requirements in the ordinance, would
not result in a substantial decrease in Specimen trees in neighborhoods or the City in either
the near-term or long-term.
Protected Trees Ordinance Update Initial Study
City of Cupertino 20 October 2014
4.1 AESTHETICS
4.1.1 Setting
4.1.1.1 Visual Character Overview
The visual character of the project area varies across the City of Cupertino and includes both densely
developed office, commercial and residential areas, and more open, suburban landscapes at the City’s
edge. The nearly flat, developed valley floor is transected by major roads (e.g., Stevens Creek
Boulevard, De Anza Boulevard/Saratoga-Sunnyvale Road) and framed by mountains to the west and
south and urban development to the north and east. Notable topographic and scenic features include
the Montabello Foothills and Santa Cruz Mountains and riparian vegetation along major creeks,
including Stevens Creek. Parks, schools, a Community College, and community centers provide
open, landscaped or natural areas within the developed area of the City. Community resources that
provide scenic open space and form a backdrop to the City’s urban and suburban development
include Memorial Park, Blackberry Farm, McClellan Ranch, and regional open space parks, such as
Fremont Older, Rancho San Antonio and Picchetti Ranch.
Views of trees in residential zones from public streets are shown in Photos 1-6.
4.1.1.2 City Gateways and Scenic Highways
The City’s General Plan recognizes the importance of gateways in creating a memorable impression
of a city. Elements such as buildings, arches, fountains, banners, signage, special lighting,
landscaping and public art all can play a part in the visual impression at these locations. Gateways to
the City include Stevens Creek Boulevard and highway off-ramps from I-280 and State Route 85.
Under the California Scenic Highway Program, a highway may be designated scenic depending upon
how much of the natural landscape can be seen by travelers, the scenic quality of the landscape, and
the extent to which development intrudes upon the traveler's enjoyment of the view. None of the
highways that cross the City of Cupertino are listed by the State of California as Scenic Highways,
although Interstate 280 is considered eligible, though not officially designated.2 For a highway to be
declared scenic, the government with jurisdiction over abutting land must adopt a "scenic corridor
protection program" that limits development, outdoor advertising, and earthmoving, and the
California Department of Transportation must agree that it meets the criteria.
4.1.1.2 Regulatory Setting
Cupertino General Plan
Strategies and policies in the City of Cupertino General Plan have been adopted for the purpose of
avoiding environmental effects resulting from planned development within the City. In particular,
the General Plan recognizes the importance of hillside areas in providing an aesthetic backdrop to
views from the valley floor and the retention of significant Specimen trees during site development,
2 State of California. “California State Scenic Mapping System”. Accessed October 24, 2013.
<http://www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm>
Protected Trees Ordinance Update Initial Study
City of Cupertino 21 October 2014
Photo 1: View of native Coast Live Oaks in front yard in R1 Single Family District.
Photo 2: View of cedars in front yard in R1 Single Family District.
Protected Trees Ordinance Update Initial Study
City of Cupertino 22 October 2014
Photo 3: View of native Valley Oak in front yard of R1 Single Family District.
Photo 4: View of native Coast Live Oak in front yard of R1 Single Family District.
Protected Trees Ordinance Update Initial Study
City of Cupertino 23 October 2014
Photo 5: View of R1 Single-Family street with RHS Residential Hillside in background.
Photo 6: View of landscape trees in Planned Development District from public right of way.
Protected Trees Ordinance Update Initial Study
City of Cupertino 24 October 2014
especially when growing in groves or clusters. The importance of ornamental plants in the urban
landscape and maintain tree plantings along Interstate 280 are also noted in the Land Use Chapter of
the General Plan related to Community Design. New development in Cupertino is reviewed for
consistency with the policies in the General Plan.
City Design Guidelines and Design Review Process
All new development is subject to a design review process that includes a review of site planning,
including the existing and proposed landscape. Design review is based upon guidelines prepared by
the Community Development Department and requirements in the City’s Municipal Code.
4.1.2 Environmental Checklist and Discussion of Impacts
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project:
1. Have a substantial adverse effect on a scenic
vista?
1
2. Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
1,2
3. Substantially degrade the existing visual
character or quality of the site and its
surroundings?
1
4. Create a new source of substantial light or
glare which will adversely affect day or
nighttime views in the area?
1
4.1.2.1 Overview of Aesthetic Impacts
Street trees, which are highly visible from public streets, are not regulated by the proposed ordinance,
and areas affected would be front, side and rear yards, outside of the public right-of-way. Changes in
permit requirements would apply to tree removal in residential zones in the City, primarily properties
with established, older houses in R1 and RHS zoning districts where landscape plans or other
approved development plans are not in effect or on file.
The City’s tree protection ordinance includes provisions for replacement plantings in the form of tree
replacement guidelines and options for providing in-lieu fees. It also includes requirements for
protection of trees during construction, which would assist with the retention of mature trees in
hillside and valley areas.
As discussed under methodology and approach for impact analysis on pages 13-20 of this Initial
Study, changes to the application requirements for mature versus non-mature trees and for Tier 1
Specimen trees, based upon historic rates of removal of trees in the 10-12 inch size class and on
Protected Trees Ordinance Update Initial Study
City of Cupertino 25 October 2014
replacement requirements in the ordinance, would not result in a substantial decrease in Specimen
trees in neighborhoods or the City in either the near-term or long-term.
4.1.2.2 Impacts to Scenic Vistas
Implementation of the proposed amendments, including caps on the number of Tier 1 Specimen trees
that could be removed under the permit process, would not result in a substantial increase in removal
of trees in hillside areas that provide scenic views from the valley floor. Tree removal of large trees
could result in a temporal loss of tree cover on hillsides, however, the areas affected would be limited
by allowed densities in the RHS zone and application of community development standards in the
General Plan and zoning ordinance during design and Tier 2 tree permit review. (Less Than
Significant Impact)
4.1.2.3 Views from Scenic Highways
As noted previously, none of the highways that cross the City of Cupertino are listed by the State of
California as Scenic Highways. (No Impact)
4.1.2.2 Impacts to Visual Character
At an individual location, removal of a large mature tree could change views from local streets or
other public spaces. Overall, proposed modifications to the Protected Trees Ordinance is not
anticipated to result in a substantial increase in the removal of mature, Tier 2 Specimen trees from
the community or individual neighborhoods as findings (related to the purpose of the tree removal)
would still need to be made prior to removal of protected trees. The number of Tier 1 Specimen trees
(and tree cover) that could be removed from an individual property under a permit would also be
capped at two percent or two trees per twelve month period, whichever is greater. Trees would
continue to be planted and maintained for aesthetic purposes (e.g., to enhance the built
environment), for screening between neighboring properties or roadways, for shade, and for
wildlife habitat (primarily urban-adapted birds). For these reasons, the proposed project is not
anticipated to adversely affect the visual character of the City, including in residential areas.
(Less Than Significant Impact)
4.1.2.3 New Light or Glare
Since there would be no land use development associated with the project, the project would not
result in new sources of light or glare. (No Impact)
4.1.3 Conclusions
The proposed amendments to the Protected Trees Ordinance would not result in substantial adverse
effects to a scenic vista or degrade the existing visual character or quality of Cupertino. (Less Than
Significant Impact)
Protected Trees Ordinance Update Initial Study
City of Cupertino 26 October 2014
4.2 AGRICULTURAL AND FOREST RESOURCES
4.2.1 Setting
Cupertino includes primarily urban and suburban land uses. The majority of the land within the
incorporated limits is designated Urban and Built-Up Land.3 Some of the Residential Hillside area
west of Foothill Boulevard is mapped as Other Land which includes low density residential, brush,
timber, wetland, and riparian areas that are generally considered non-agricultural.
As defined in Public Resources Code 12220, “forest land” is land than can support 10-percent native
tree cover of any species, including hardwoods, under natural conditions, and that allows for
management of one or more forest resources, including timber, aesthetics, fish and wildlife,
biodiversity, water quality, recreation, and other public benefits.
The zoning ordinance defines several agricultural zoning districts with Cupertino. Agricultural (A)
zones are intended to preserve agriculture or forestry activities in areas suited to that purpose, and to
include incidental residential development of a rural character. Minimum lot sizes in the A and A1
zones range from 43,000 square feet to 400,000 square feet (about one to nine acres). Agricultural
zones are present in the western portion of the City. Several properties in the A zones include
orchard trees or open fields and others with primarily residential or infrastructure uses (substations,
covered reservoir).
4.2.2 Environmental Checklist and Discussion of Impacts
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project:
1. Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural use?
1,2,4
2. Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
1,2,3
3. Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)),
timberland (as defined by Public Resources
Code section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104(g))?
1,3
4. Result in a loss of forest land or conversion of
forest land to non-forest use?
1
3 California Department of Conservation. Santa Clara County Important Farmland 2010. June 2011.
Protected Trees Ordinance Update Initial Study
City of Cupertino 28 October 2014
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project:
5. Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
1
4.2.2.1 Impacts to Agricultural Resources
The proposed ordinance would not affect any designated important farmland. Since there would be
no land use development associated with the project, the project would not conflict with a
Williamson Act contract. The proposed project would not impact agricultural resources.
4.2.2.2 Impacts to Forest Resources
There is no land zoned as forest land within the City and as there is no land use development
associated with the proposed ordinance, the project would not result in the loss of forest land as
defined under the State of California Government Code.
Wooded hillsides in the eastern foothills do provide an aesthetic backdrop for views from the valley
floor in developed areas of Cupertino. Refer to Section 4.1 Aesthetics for a discussion of these
resources.
4.2.3 Conclusion
The proposed ordinance would regulate the removal of protected trees within the City of Cupertino,
which would not impact farmland of any type or conflict with Williamson Act contracts. There is no
land zoned or managed as forest resources in the City of Cupertino and implementation of the
proposed amendments to the ordinance would not contribute to the conversion of forest land to non-
forest resources. (No Impact)
Protected Trees Ordinance Update Initial Study
City of Cupertino 29 October 2014
4.3 AIR QUALITY
4.3.1 Setting
4.3.1.1 Background
Air quality and the concentration of a given pollutant in the atmosphere are determined by the
amount of pollutant released and the atmosphere’s ability to transport and dilute the pollutant. The
major determinants of transport and dilution are wind, atmospheric stability, terrain and for
photochemical pollutants, sunshine. The project area (i.e., the City of Cupertino) is within the
southern portion of the San Francisco Bay Area Air Basin. The Bay Area Air Quality Management
District (BAAQMD) is the regional government agency that monitors and regulates air pollution
within the air basin.
4.3.1.2 Topography and Climate
The South Bay has significant terrain features that affect air quality. The Santa Cruz Mountains and
Diablo Range on either side of the South Bay restrict horizontal dilution, and this alignment of the
terrain also channels winds from the north to south, carrying pollution from the northern San
Francisco Bay Peninsula toward San José and the rest of Santa Clara County.
The proximity of Santa Clara County to both the Pacific Ocean and San Francisco Bay has a
moderating influence on the climate. Meteorological factors make air pollution potential in the Santa
Clara Valley quite high. Northwest winds and northerly winds are most common in the project area,
reflecting the orientation of the Bay and the San Francisco Peninsula.
4.3.1.3 Regional and Local Criteria Pollutants
Major criteria pollutants, listed in “criteria” documents by the U.S. Environmental Protection Agency
(USEPA) and the California Air Resources Board (CARB) include ozone, carbon monoxide,
nitrogen dioxide, sulfur dioxide, and suspended particulate matter (PM). These pollutants can have
health effects such as respiratory impairment and heart/lung disease symptoms. Ozone also damages
leaf tissue in trees and other plants.
Violations of ambient air quality standards are based on air pollutant monitoring data and are judged
for each air pollutant. The Bay Area as a whole does not meet State or Federal ambient air quality
standards for ground level ozone or State standards for PM10 and PM2.5. The area is considered
attainment or unclassified for all other pollutants.
4.3.1.4 Local Community Risks/Toxic Air Contaminants and Fine Particulate Matter
Besides criteria air pollutants, there is another group of substances found in ambient air referred to as
Toxic Air Contaminants (TACs). These contaminants tend to be localized and are found in relatively
low concentrations in ambient air; however, they can result in adverse chronic health effects if
exposure to low concentrations occurs for long periods.
Protected Trees Ordinance Update Initial Study
City of Cupertino 30 October 2014
Fine Particulate Matter (PM2.5) is a complex mixture of substances that includes elements such as
carbon and metals; compounds such as nitrates, organics, and sulfates; and complex mixtures such as
diesel exhaust and wood smoke. Long-term and short-term exposure to PM2.5 can cause a wide range
of health effects. In addition to anthropogenic sources, there are also natural or “biogenic” sources of
some pollutants. For example, some species of trees and vegetation emit volatile organic compounds
(VOC) that contribute to formation of ozone in the atmosphere.4
Common stationary source types of TACs and PM2.5 include gasoline stations, dry cleaners, and
diesel backup generators which are subject to permit requirements. The other, often more significant,
common source is motor vehicles on freeways and roads.
4.3.1.5 Sensitive Receptors
BAAQMD defines sensitive receptors as facilities where sensitive receptor population groups
(children, the elderly, the acutely ill and the chronically ill) are likely to be located. These land uses
include residences, schools, playgrounds, child-care centers, retirement homes, convalescent homes,
hospitals and medicinal clinics.
4.3.1.6 Regulatory Setting and Programs
Federal, state, and regional agencies regulate air quality in the Bay Area Air Basin. At the federal
level, the USEPA is responsible for overseeing implementation of the Federal Clean Air Act (CAA).
The CARB is the state agency that regulates mobile sources throughout the state and oversees
implementation of the state air quality laws and regulations, including the California Clean Air Act.
The primary agency that regulates air quality in the project area is the BAAQMD. The BAAQMD
has permit authority over stationary sources, acts as the primary reviewing agency for environmental
documents, and develops regulations that must be consistent with or more stringent than, federal and
state air quality laws and regulations.
The BAAQMD prepared and adopted the Bay Area 2010 Clean Air Plan (CAP). This CAP updates
the most recent ozone plan, the 2005 Ozone Strategy. Unlike previous Bay Area CAPs, the 2010
CAP is a multi-pollutant air quality plan addressing four categories of air pollutants:
• Ground-level ozone and the key ozone precursor pollutants (reactive organic gases and
nitrogen oxide), as required by State law;
• Particulate matter, primarily PM2.5, as well as the precursors to secondary PM2.5;
• Toxic air contaminants (TAC); and
• Greenhouse gases.
One of the energy and climate measures listed in the CAP (ECM 4) is tree planting, including
promoting planting of low‐VOC‐emitting shade trees to reduce urban heat island effects, save
energy, and absorb CO2 and other air pollutants.
4 BAAQMD. 2010. Bay Area 2010 Clean Air Plan. p. 1-9.
Protected Trees Ordinance Update Initial Study
City of Cupertino 31 October 2014
Tree Planting Program
The basic mission of the City of Cupertino’s Tree4Free program is to expand the city’s urban canopy
to offer community-wide air quality, energy savings and carbon sequestration benefits. Residents
and businesses that participate in the program may receive a free tree for planting on their property.
Residents must complete a Green@Home House Call form and businesses/organizations complete a
checklist through the Bay Area Green Business Program. The City works with Acterra (an
environmental organization) and the County of Santa Clara to administer the residential and business
Tree4Free program(s).
4.3.2 Environmental Checklist and Discussion of Impacts
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project:
1. Conflict with or obstruct implementation of
the applicable air quality plan?
1,5
2. Violate any air quality standard or contribute
substantially to an existing or projected air
quality violation?
1,5,6
3. Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is classified as non-attainment
under an applicable federal or state ambient
air quality standard including releasing
emissions which exceed quantitative
thresholds for ozone precursors?
1,5
4. Expose sensitive receptors to substantial
pollutant concentrations?
1
5. Create objectionable odors affecting a
substantial number of people?
1,6
4.3.2.1 Potential Effects to Air Quality
Air quality impacts related to implementation of amendments to the Protected Trees Ordinance
would be minimal. Since there would be no land use development associated with the project, there
would be no direct effects on air quality related to ground disturbance or operation of construction
equipment. While there would be a local, temporal loss in tree cover and leaf area when trees are
removed, implementation of the ordinance is not anticipated to substantially a ffect the number of
trees or citywide tree canopy in the urban forest of Cupertino as tree removal of protected trees
(including Tier 1 and Tier 2 Specimen trees) would require planting or in-lieu fee for replacement
trees at a ratio of one to one or greater. In addition, the ordinance specifies container sizes for
replacement plantings and would not conflict with the CAP measures that call for planting low VOC-
emitting trees. The proposed project would, therefore, not conflict with implementation of the CAP
Protected Trees Ordinance Update Initial Study
City of Cupertino 32 October 2014
or contribute substantially to an existing or projected air quality violation for criteria pollutants.
(Less Than Significant Impact)
4.3.3 Conclusion
The proposed amendments to the Protected Trees Ordinance would have less than significant air
quality impacts. (Less Than Significant Impact)
Protected Trees Ordinance Update Initial Study
City of Cupertino 33 October 2014
4.4 BIOLOGICAL RESOURCES
4.4.1 Setting
4.4.1.1 Habitats in Cupertino
As described in the City’s General Plan, natural communities and habitats in Cupertino are
concentrated in the western foothills and along creeks. Identified basic vegetation types include
riparian, grassland, chaparral, woodland and forest. Native trees are present in all of these habitats at
various densities.
Riparian vegetation along creeks (such as Stevens Creek, Permanente Creek, Regnart Creek, Heney
Creek and Calabazas Creek) includes tall shrubs and trees where woody vegetation is present. Trees
found in these habitats include Coast Live Oak, Valley Oak, Western Sycamore, California Bay,
California Buckeye, various willows and cottonwood. Tall shrubs such as Blue Elderberry are also
found along wooded reaches of creeks. Riparian habitats are considered sensitive habitats due to
their habitat value and limited extent.
Grassland and chaparral/scrub habitats found on the lower slopes of foothills are dominated by non-
native grasses or dense wood scrub. Scattered trees, primarily oaks, are found in these habitats,
including at interfaces with woodland and forest habitats.
Woodland and Forest habitats form a mosaic on the hillsides in the Montebello Foothills. Tree
species include oaks (Coast Live Oak, Valley Oak, Black Oak, Interior Live Oak, Blue Oak),
California Bay, and California Buckeye. Oak woodlands are considered sensitive habitats in
California due to their value providing cover, food, and nesting sites for wildlife.
On the valley floor, urbanization and historic agricultural activities have removed native vegetation,
including native trees, and habitats are urban in character. Urban habitats are characterized by
buildings and infrastructure bordered by landscape plantings. At some locations, native trees have
been retained within urban and suburban lots.
4.4.1.2 Urban Forest Resources in Cupertino
The City has a tagging and inventory program for street trees. A survey of other urban trees in the
community as to number, species, or land coverage, has not been undertaken. Urban forest resources
are described below based upon available information and limited windshield surveys of
neighborhoods where tree removal permits were previously issued.
Native Trees
Trees native to the City of Cupertino are commonly found along stream courses, and foothill areas
and are less commonly found on the valley floor. They include both naturally occurring and planted
Protected Trees Ordinance Update Initial Study
City of Cupertino 34 October 2014
trees. The names and general characteristics of trees native to Cupertino are described below.5 None
of these species are listed as threatened or endangered under the California Native Plant Protection
Act or Federal Endangered Species Act.
Coast Live Oak (Quercus agrifolia). An evergreen tree, 30 to 75 feet high, with spreading branches
that form a broad round crown. Leaves are dark green, stiff, leathery and oval or broadly elliptical
and 1 to 3 inches long. Fruit is a pointed acorn, 1 to 1 ½ inches long. It is native to the coastal
ranges and inland foothills and may hybridize with other oaks. Sudden Oak Death (Phytophthora
ramorum), a viral infection, has had a devastating effect on populations of this species in some areas.
It is a native oak commonly used in landscape plantings.
Blue Oak (Quercus douglasii). A deciduous tree, the Blue Oak is native to foothill areas and
California’s Central Valley. It has a slow growth rate to 30-50 feet tall with a 40-70 foot spread. It
has a low-branching, rounded canopy and often appears to be leaning or slightly bent. Leaves are
bluish green, lobed, and somewhat variable in shape. In natural communities, it may grow adjacent
to the Valley Oak, which has larger leaves that are not as blue as the Blue Oak. It is tolerant of heat
and seasonal drought. Naturally occurring trees are not tolerant of irrigation.
California Black Oak. (Quercus kelloggii). A deciduous tree
native to mountain and foothills roughly 2,000 to 3,000 feet in
elevation. The lobed leaves are bright, shiny green. In the fall,
leaves are yellow to orange in color prior to dropping. Mature
trees are 30 to 80 feet tall and wide with a rounded, oval canopy.
Dry summer heat in valley areas stunts the growth of this species.
Interior Live Oak (Quercus wislizeni). An evergreen tree, 25 to
75 feet high, with spreading branches that form a round-topped
crown. Like the Coast Live Oak, leaves are stiff and leathery. It
is found on lower mountain slopes and foothills of the inner coast range.
Valley Oak (Quercus lobata). This stately, deciduous tree is
native to open valleys and foothills of the Sierra Nevada and
Coast Ranges. It has a slow growth rate to 70 feet tall or
more with a broad spread. It is a large native oak that
tolerates valley and foothill heat, alkaline soils, and seasonal
drought. Naturally occurring trees should not be irrigated.
The deeply lobed leaves are green above and paler on the
underside.
California Buckeye (Aesculus californica). A small, summer-deciduous tree, 15 to 40 feet in height,
with distinctive palmately-compound leaves and cylindrical clusters of white flowers in the spring.
5 Sources of tree descriptions include Hatch, Charles R. 2007. Trees of the California Landscape. University of
California Press and McMinn, Howard E. and Evelyn Maino. 1963. An Illustrated Manual of Pacific Coast Trees.
University of California Press.
Photo 7: Black Oak
Photo 8: Valley Oak
Protected Trees Ordinance Update Initial Study
City of Cupertino 35 October 2014
Commonly found on north-facing slopes and along riparian corridors. Can be desirable as an accent
tree due to its’ striking flower display and bare, winter silhouette. Seeds are poisonous in a raw state
and pollen is toxic to honeybees. Drought tolerant and suitable for riparian plantings and native
garden settings.
Big Leaf Maple (Acer macrophyllum). A deciduous tree native to moist canyons and streambanks in
foothill areas. It has a fast growth rate, reaching 30-75 feet in height. Leaves are palmately-lobed
and show deep yellow color in the fall. Commonly found as an understory tree, it is not well-suited
for all urban settings. It is occasionally used in foothill or mountain garden settings and in riparian
plantings.
California Bay (Umbellularia californica). An evergreen tree, 20 to 75 feet high, is native to
southern Oregon, the California Coast Ranges, and lower elevations of the Sierra Nevada. It has a
slow growth rate and develops a dense, oval, upright and billowy form and many be multi-trunked.
Thick, leathery, lanceolate to elliptical leaves are shiny and dark to light yellowish green. California
Bay trees are commonly found in riparian zones and canyons in foothill areas. It performs well in
fertile soil with ample water and also tolerates heat and drought conditions. California Bays are
reported to contribute to the spread of Sudden Oak Death to oaks as they can act as hosts for the
disease. The Sudden Oak Death virus affects different species in different ways and causes only
minor leaf disease in California Bay trees.
Box Elder (Acer negundo). A deciduous, usually multi-trunked tree that is initially fast growing and
usually 20 to 50 feet in height. Compound leaves have three leaflets and are yellowish green in
color. While it is an important habitat tree along streams, it is not well suited for urban use due to its
self-seeding, suckers at the base and breakage of the weak wood.
Western Sycamore (Platanus racemosa). A large deciduous tree, native to foothill riparian streams,
including in the Coast Ranges. Fast growth to 30-80 feet tall and 20-50 feet wide, with an irregular
(not straight) upright trunk and crown and twisted branches. The whitish bark peels into irregular tan
patches. Leaves light green with three to five lobes with pointed ends. Similar in appearance to the
non-native London plane tree that is widely planted in urban settings as a parkway or shade tree.
Susceptible to some pests, such as mites, leaf miner and anthracnose.
Willows and cottonwood (Salix laevigata, Salix lasiandra var. lasiandra and Populus trichocarpa).
Native willows and cottonwood are found along perennial creeks, including at McClellan Ranch.6
Non-Native Landscape Trees
Urban and suburban tree plantings serve a number of purposes. They are planted along streets and in
parks to soften the urban and suburban environment. From a biological point of view, they may be
planted to provide habitat for urban and suburban adapted wildlife. Trees also provide shade and
moderate microclimates around buildings. Tree plantings within Cupertino have occurred over a
number of years, with shifts in tree species used based upon experience with the shortcomings of
6 Natural Resources DataBase. Checklist of Flora in McClellan Ranch Preserve. Accessed October 24, 2013.
<http://nrdb.org/>
Protected Trees Ordinance Update Initial Study
City of Cupertino 36 October 2014
various species (e.g., trees prone to damage sidewalks or utilities, susceptible to disease or limb
breakage), availability of new varieties or species, and other factors.
Non-native trees planted in Cupertino range from fruit trees and palm trees to tall conifers, such as
Canary Island Pine and Monterey Pine. Flowering trees, such as Crape Myrtle and flowering pear,
are also popular medium sized trees. Other common tree genera include ash, redwood, eucalyptus,
elm, pine, plane, cypress, alder, birch, acacia, maple, and liquidambar (sweet gum).
Landscape trees in the cedar genus are considered highly ornamental, with a striking, or impressive,
appearance associated with a pyramidal shape, drooping foliage, branch form, and large upright
cones. Two species of cedar are listed as “Protected Trees” in the City’s Municipal Code. These
species are described below.
Blue Atlas Cedar (Cedrus atlantica ‘Glauca’). This evergreen tree species from the Atlas
Mountains of northern Africa is used as an accent tree or park tree. It has distinctive bluish green
needles and grows to 60 feet tall and 30 feet wide in a pyramidal form, with the branches angled
slightly upward. Young trees appear sparse and older trees develop enormous trunks. Deep rooted
and drought tolerant when established.
Deodar Cedar (Cedrus deodara). Deodar Cedar is a gray-green, evergreen tree native to the
Himalayas in Asia. It has a relatively fast growth rate and is up to 80 feet tall with a loose pyramidal
spread to 40 feet wide. It is considered a useful evergreen conifer for parks and parkways. It needs
ample room for branches and roots.
4.4.1.2 Regulatory Setting and Programs
Federal Migratory Bird Treaty Act
The federal Migratory Bird Treaty Act prohibits the killing, possessing, or trading or migratory birds.
The Act protects active nests from destruction and would cover all native bird species in the City of
Cupertino.
California Fish and Game Code
The California Fish and Game Code includes regulations governing the use of, or impacts to, many
of the State’s fish, wildlife and sensitive habitats. The California Department of Fish and Wildlife
(CDFW) has jurisdiction over the bed and banks of rivers, lakes, and streams (Sections 1601-1603 of
the Fish and Game Code). A Streambed Alteration Agreement is required for the fill or removal of
material within the bed and banks of a watercourse or waterbed and for the removal of riparian
vegetation. Provisions of these sections may apply to modifications of sensitive riparian habitats
within the city.
Other regulations in the Fish and Game Code provide protection for native birds, including their
nests and eggs (Sections 3503, 2513, and 3800).
Protected Trees Ordinance Update Initial Study
City of Cupertino 37 October 2014
California Environmental Quality Act
The California Environmental Quality Act (CEQA) is a state law that requires state and local
agencies, such as the City of Cupertino, to document and consider the environmental implications of
their actions. Under CEQA Guidelines Section 15065, a project’s effects on biological resources are
deemed significant where the project would affect any of the following:
• substantially reduce the habitat of a fish or wildlife species;
• cause a fish or wildlife population to drop below self-sustaining levels;
• threaten to eliminate a plant or animal community; or
• reduce the number or restrict the range of a rare, endangered or threatened plant or animal.
City of Cupertino Municipal Code
Street Trees (Municipal Code Chapter 14.12)
The Public Works Department, Trees Division, is responsible for the planting and maintenance of
approximately 13,000 street trees. Street trees are trees located on property in the public right-of-
way throughout Cupertino. This includes along street frontages, medians and other landscaped areas.
The City of Cupertino, Municipal Code Chapter 14.12 – Trees, details the responsibilities of the City
and property owners regarding the planting and care of street trees.
Property owners with street trees adjacent to their property have a responsibility to notify the City of
any tree maintenance need by visiting the Access Cupertino and selecting “Trees” topic.
The City of Cupertino currently has thirteen tree species available for planting, including one locally
native tree, Coast Live Oak.7
Protected Trees (Municipal Code Chapter 14.18)
The City of Cupertino’s Protected Trees Ordinance (Chapter 14.18 in the Cupertino Municipal Code)
contains regulations for the removal of protected trees within the City. Protected trees include: 1)
identified Heritage trees; 2) “Specimen” trees of native and landscape tree species with a trunk
diameter of 10 inches or more; 3) trees required to be planted or retained as part of an approved
development application or specific permits; 4) and approved privacy protection plantings in R-1
(single-family) zoning districts. The ordinance applies to trees on private land.
7 City of Cupertino. “Street Trees / Right of Way”. Accessed October 6, 2014.
<http://www.cupertino.org/index.aspx?page=1134>
Protected Trees Ordinance Update Initial Study
City of Cupertino 38 October 2014
Regional Tree Planting Programs
Tree4Free Program
The basic mission of the City of Cupertino’s Tree4Free program is to expand the city’s urban canopy
to offer community-wide air quality, energy savings and carbon sequestration benefits. Residents
and businesses that participate in the program may receive a free tree for planting on their property.
Residents must complete a Green@Home House Call form and businesses/organizations complete a
checklist through the Bay Area Green Business Program. The City works with Acterra (an
environmental organization) and the County of Santa Clara to administer the residential and business
Tree4Free program(s).
4.4.2 Environmental Checklist and Discussion of Impacts
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project:
1. Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and
Wildlife or US Fish and Wildlife Service?
1,2
2. Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations, or by the
California Department of Fish and Wildlife or
US Fish and Wildlife Service?
1
3. Have a substantial adverse effect on federally
protected wetlands as defined by Section 404
of the Clean Water Act (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
1,2
4. Interfere substantially with the movement of
any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors,
impede the use of native wildlife nursery
sites?
1
5. Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
1
Protected Trees Ordinance Update Initial Study
City of Cupertino 39 October 2014
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project:
6. Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
1
4.4.2.1 Overview of Ordinance Changes and Possible Environmental Effects
Currently, removal of protected Specimen trees greater than 10 inches in diameter requires a permit,
a commitment for replacement, and that specific findings be made prior to removal. Under the
proposed project, removal of protected trees on private land would continue to require a permit and
replacement plantings, although the minimum size for Specimen trees that would require a permit
and replacement requirements would increase from 10 inches DBH to 12 inches DBH.
As discussed in Section 4.0 (Project Impacts), from historic records of tree removal, the numbers of
Specimen trees 10-12 inches in diameter and the number of California Bay trees removed from
residential parcels (not part of a development application) is relatively small, less than 10 per year on
average. Implementation of the proposed revisions are, therefore, not anticipated to result in a
substantial increase in the number of trees removed without replacement.
California Bay, a locally native species, is proposed to be removed from the list of protected
specimen tree species and replaced with London plane (non-native tree). The characteristics of the
London Plane species being considered for addition to the list of Specimen trees is described below.
London Plane (Platanus acerifolia). A deciduous tree which is hybrid between American
Sycamore (Platanus orientalis) and Oriental Plane (P. occidentalis), two species that are native
to the eastern/central United States and Eurasia, respectively. The growth rate of London Plane
is fast to 40 to 80 feet tall. It has a broad, symmetrical, conical to oval form when mature. The
palmate leaves, multiple, light green round flower heads in a string, and cream-colored bark that
peels in irregular thin patches are distinguishing features. London Plane is a widely planted
shade tree that is tolerant of heat, dust and smog, and needs ample space. Anthracnose, an
airborne disease, can cause temporary leaf drop.
4.4.2.2 Sensitive Habitats and Special Status Species
Oak Woodland
Sensitive oak woodland habitats are present in some areas zoned RHS (Residential Hillside).
Replacement plantings would be required under the ordinance for removal of individual Specimen
Protected Trees Ordinance Update Initial Study
City of Cupertino 40 October 2014
trees or as part of approved development.8 In addition, a cap on the number of Tier 1 Specimen trees
that could be removed annually would limit to potential for substantial direct effects on oak
woodland areas within the City. Implementation of the ordinance, in combination other regulations
(e.g., CEQA) is not anticipated to adversely impact native stands of oak woodland habitat in
Cupertino.
Sudden Oak Death and Replacement Plantings
One of the native trees currently protected under the ordinance, California Bay, can act as a host of
the pathogen known as Sudden Oak Death. In some cases, where a California Bay is removed, it
may not be prudent to plant a replacement California Bay near stands of native oaks. The proposed
ordinance removes the requirement for a permit or replacement of California Bay trees over 10
inches DBH.
Research into control measures and best management practices for Sudden Oak Death is on-going 9
and adoption of the ordinance would not preclude incorporation of the best available information in
tree removal or replanting requirements of individual tree removal permits. In addition, for tree
replacements of Tier 2 Specimen trees over 24 inches, an arborists report would be required and
notification. Recommendations in the arborists report for replanting near stands of Coast Live Oak
likely would consider best available information on control of this pathogen.10 Therefore, the
implementation of the proposed amendments would not have a substantial adverse effect on sensitive
oak woodland habitat.
Riparian Habitats
Sensitive riparian habitats (such as along Stevens Creek or Regnart Creek) may extend into
residential backyards or other adjacent land uses. Tree removal along creeks within the riparian
corridor would be regulated by both the City’s Protected Trees Ordinance and under the California
Fish and Game Code. For these reasons, the proposed ordinance would not have a substantial
adverse effect on sensitive riparian habitat. (Less Than Significant Impact)
4.4.2.2 Impacts to Nesting Birds
Tree removal during nesting season has the potential to directly impact active nests and/or eggs of
native birds.
For development projects in Cupertino, especially large projects with a number of tree removals,
measures to avoid direct effects to nesting birds, such as tree removal outside the nesting season or
surveys to confirm that no nesting birds are present, are often included as conditions of approval. For
8 Development applications considered discretionary actions (such as subdivisions or zoning changes) would require
environmental review under CEQA. As appropriate site specific mitigation that would consider habitat values of
any sensitive woodland habitats may be required in addition to replacement ratios in the proposed ordinance.
9 UC Berkeley Forest Pathology and Mycology Laboratory. “SOD Blitz”. Accessed November 8, 2013.
<http://www.cnr.berkeley.edu/garbelotto/english/sodblitz.php>
10 University of California Statewide Integrated Pest Management Program. 2010. Sudden Oak Death: Integrated
Pest Management in the Landscape. Agriculture and Natural Resources Publication Number 74151, Available at:
<http://anrcatalog.ucdavis.edu/Items/74151.aspx>
Protected Trees Ordinance Update Initial Study
City of Cupertino 41 October 2014
individual tree removals, the City has not required preconstruction surveys or other avoidance
measures as the environmental effects on local bird populations of removing one to several trees on a
property are limited and the City is not an enforcement agency for either the Migratory Bird Treaty
Act or provisions of the California Fish and Game Code. 11
Tree removal is one of a number of activities in urban environments that can effect nesting success
and bird populations. Other factors include, but are not limited to, nest predation, availability of
suitable nesting sites, and fragmentation of habitats.12 The focus of the following discussion is tree
removal, as that is the activity that the proposed ordinance amendments regulate.
As shown in Table 4, and discussed in Section 4.0 (Project Effects), the majority of permitted tree
removals in Cupertino are associated with development projects. As part of the City’s
environmental review process, tree removals for these projects generally are conditioned to avoid
tree removal during the nesting season or to conduct preconstruction surveys to ensure that trees will
not be removed when active nests are occupied and impacts to nesting birds could occur. For tree
removal permits not associated with a development approval, the effect of tree ordinance
amendments is that there would be a limit on the number of Tier 1 trees (single trunk: 12- 24 inches
DBH and multi-trunk 24-48 inches DBH) that could be removed from an individual property over a
twelve month period. Tree removals (for reasons other than development) are not anticipated to be
locally extensive. This would limit the effects of individual tree removals on bird populations in
neighborhoods. For these reasons, the proposed amendments to the ordinance would not have a
substantial adverse effect on nesting bird populations, including special-status birds and their
habitats, in the City. (Less Than Significant Impact)
4.4.2.3 Conflict with Local Policies or Ordinances
The proposed amendments to the City’s Protected Trees Ordinance would modify some of the
procedures for applying for a tree removal permit and definitions in the Specimen tree category.
Permits for Specimen tree removal would continue to be required on private property. The proposed
amendments would not change the general intent of the Protected Trees Ordinance or otherwise
conflict with ordinance’s purpose of protecting trees as a valuable asset to the community.
4.4.3 Conclusion
The proposed ordinance revisions would regulate the removal of protected trees within the City of
Cupertino. Implementation of the proposed amendments to the ordinance would not contribute to the
loss of sensitive habitats, such as oak woodland or riparian habitat, special status species, or conflict
with the intent of City regulations designed to protect tree resources within the City. (Less Than
Significant Impact)
11 The U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife are responsible for
enforcement of these federal and State of California laws and regulations. Enforcement by these agencies is
generally in response to reports by the public or other agencies.
12 Reale, Joseph A. and Robert B. Blair. 2005. Nesting Success and Life-History Attributes of Bird
Communities Along an Urbanization Gradient. Urban Habitats, 3(1). <http://www.urbanhabitats.org>.
Protected Trees Ordinance Update Initial Study
City of Cupertino 42 October 2014
4.5 CULTURAL AND PALEONTOLOGICAL RESOURCES
4.5.1 Setting
Cultural resources are evidence of past human occupation and activity and include both historical and
archaeological resources. These resources may be located above ground, underground or underwater
and have significance in history, prehistory 13, architecture or culture of the nation, State of California
or local or tribal communities. Cultural resources are found throughout the project area and are
generally identified in historic or cultural resources inventories maintained by the County of Santa
Clara and local cities and towns and on California Register of Historical Resources (California
Register) and the National Register of Historic Places (National Register).
Heritage trees are considered cultural resources in the City of Cupertino and are recognized as a
cultural resource in the General Plan. As defined in the Protected Trees Ordinance (Section
14.18.020), a Heritage tree is 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.
Paleontological resources are fossils, the remains or traces of prehistoric life preserved in the
geological record. They range from the well know and well publicized fossils (such as mammoth
and dinosaur bones) to scientifically important fossils (such as paleobotanical remains, trace fossils,
and microfossils). Potentially sensitive areas with fossil bearing sediments near the ground surface in
areas of Santa Clara County are generally in or adjacent to foothill areas rather than the younger
Holocene age deposits on the valley floor.14
4.5.2 Environmental Checklist and Discussion of Impacts
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project:
1. Cause a substantial adverse change in the
significance of an historical resource as
defined in §15064.5?
1
2. Cause a substantial adverse change in the
significance of an archaeological resource as
defined in §15064.5?
1
3. Directly or indirectly destroy a unique
paleontological resource or site, or unique
geologic feature?
1
4. Disturb any human remains, including those
interred outside of formal cemeteries?
1
13 Events of the past prior to written records are considered prehistory.
14 City of San José. 2011. Final Program EIR for the Envision San José 2040 General Plan. Technical Report.
Protected Trees Ordinance Update Initial Study
City of Cupertino 43 October 2014
4.5.2.1 Impacts to Heritage Trees
The proposed amendments to the Protected Trees Ordinance modify existing regulations related to
protected trees. The definition and protection of Heritage trees, which can be considered a cultural
resource, would not change.
The City’s list of Heritage trees is currently included in the Protected Trees Ordinance as Appendix
A. The proposed revisions would take the Heritage trees list and map out of the text of the
ordinance. The list and map would be maintained separately and amended by the Planning
Commission by resolution, as required, to update the list. This change in procedure would not
change the qualifications for the list, the area of the City to which the regulations apply, or otherwise
result in direct or indirect impacts to Heritage trees. (No Impact)
4.5.2.2 Impacts to Other Cultural or Paleontological Resources
Implementation of the ordinance would not involve ground disturbance of native soils or other
modifications of the physical environment that would affect buried archaeological, historic or
paleontological resources, either directly or indirectly. (No Impact)
4.5.3 Conclusion
The proposed amendments to the Protected Trees Ordinance would have no impact on cultural
resources, including Heritage trees within the City of Cupertino. (No Impact)
Protected Trees Ordinance Update Initial Study
City of Cupertino 44 October 2014
4.6 GEOLOGY AND SOILS
4.6.1 Setting
4.6.1.1 Regional Geology
The City of Cupertino is located in the western portion of the Santa Clara Valley and lower portion
of the foothills of the Santa Cruz Mountains. The Santa Clara Valley is located within the Coast
Ranges geomorphic province of California; an area characterized by northwest-trending ridges and
valleys, underlain by strongly deformed sedimentary and metamorphic rocks of the Franciscan
Complex. Overlying these rocks are sediments deposited during recent geologic times. The Santa
Clara Valley consists of a large structural basin containing alluvial deposits derived from the Diablo
Range to the east and the Santa Cruz Mountains to the west. Valley sediments were deposited as a
series of coalescing alluvial fans by streams that drain the adjacent mountains. These alluvial
sediments make up the groundwater aquifers of the area. Soil types in the project area include clay in
low-lying areas, loam and gravelly loam in the upper portions of the valley, and eroded rocky clay
loam in the foothills.
Landslides and erosion are geologic hazards in foothill areas and expansive with high shrink-swell
behavior are found on both the valley floor and in hillside areas.
4.6.1.2 Regional Seismicity and Seismic Hazards
The San Francisco Bay Area is recognized by geologists and seismologists as one of the most
seismically-active regions in the United States. Significant earthquakes occurring in the Bay Area
are generally associated with crustal movement along well-defined active fault zones of the San
Andreas Fault system, which spans the Coast Ranges from the Pacific Ocean to the San Joaquin
Valley. Two other major active faults in the area the Hayward Fault and the Calaveras Fault, located
in the hills to the north and east of the Santa Clara Valley. Hazards associated with seismic activity
along regional and local faults include fault rupture, ground shaking, liquefaction, differential seismic
settlement, and earthquake-induced landslides and waves in bodies of water.
4.6.2 Environmental Checklist and Discussion of Impacts
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project:
1. Expose people or structures to potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
Protected Trees Ordinance Update Initial Study
City of Cupertino 45 October 2014
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project:
a. Rupture of a known earthquake fault, as
described on the most recent Alquist-
Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area
or based on other substantial evidence of a
known fault? (Refer to Division of Mines
and Geology Special Publication 42.)
1,2
b. Strong seismic ground shaking? 1,2
c. Seismic-related ground failure, including
liquefaction?
1
d. Landslides? 1,2
2. Result in substantial soil erosion or the loss of
topsoil?
1
3. Be located on a geologic unit or soil that is
unstable, or that will become unstable as a
result of the project, and potentially result in
on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
1
4. Be located on expansive soil, as defined in
Section 1802.3.2 of the California Building
Code (2007), creating substantial risks to life
or property?
1
5. Have soils incapable of adequately supporting
the use of septic tanks or alternative
wastewater disposal systems where sewers are
not available for the disposal of wastewater?
1
4.6.1.1 Geology, Soils and Seismicity Impacts
The amendments to the ordinance do not involve construction of any kind. One of the identified
purposes of the ordinance is the preservation of protected trees and the protection of all trees during
construction in order to assist in the absorption of rain waters, thereby preventing erosion of top soil
and protecting against the risk of landslides. The amendments to the ordinance would maintain tree
removal permit and tree protection requirements in the RHS Residential Hillside zone and tree
canopies in hillside areas are not anticipated to substantially change compared to current levels with
implementation of the proposed changes. In addition, replacement plantings would be required in the
areas covered by the Protected Trees Ordinance. For these reasons, implementation of the revised
ordinance would not result in substantial erosion or increased landsliding. (No Impact)
4.6.3 Conclusion
The proposed amendments to the Protected Trees Ordinance would not expose people or structures to
geologic, soils, or seismic impacts. (No Impact)
Protected Trees Ordinance Update Initial Study
City of Cupertino 46 October 2014
4.7 GREENHOUSE GAS EMISSIONS
4.7.1 Setting
Unlike emissions of criteria and toxic air pollutants, which have local or regional impacts, emissions
of Greenhouse Gases (GHGs) have a broader, global impact. Global warming associated with the
“greenhouse effect” is a process whereby GHGs accumulating in the atmosphere contribute to an
increase in the temperature of the earth’s atmosphere. The principal GHGs contributing to global
warming and associated climate change are carbon dioxide (CO2), methane (CH4), nitrous oxide
(N2O), and fluorinated compounds. Emissions of GHGs contributing to global climate change are
attributable in large part to human activities associated with the transportation, industrial/
manufacturing, utility, residential, commercial, and agricultural sectors. In California and the
Cupertino area, the greatest GHG emissions are associated with transportation and electricity and
commercial/residential energy.
4.7.1.1 Applicable Plans, Policies, and Regulations
Agencies at the International, National, State, and local levels are considering strategies to control
emissions of GHG that contribute to global warming. Several key plans and policies are described
below.
California Assembly Bill 32
With the passage of AB 32 (Global Warming Solutions Act of 2006), the State of California made a
commitment to reduce greenhouse gas (GHG) emissions to 1990 levels by 2020, which represents
about a 30 percent decrease over current levels. CARB’s Discrete Early Actions include maximizing
energy efficient building and appliance standards, pursuing additional efficiency efforts, including
new technologies and new policy and implementation mechanisms, and pursuing comparable
investment in energy efficiency by all retail providers of electricity in California (including both
investor-owned and publicly-owned utilities). In December 2008, the ARB approved the Climate
Change Scoping Plan, which proposes a comprehensive set of actions designed to reduce California’s
dependence on oil, diversify energy sources, save energy, and enhance public health, among other
goals. Per AB 32, the Scoping Plan must be updated every five years to evaluate the mix of AB 32
policies to ensure that California is on track to achieve the 2020 GHG reduction goal. The First
Update to the Climate Change Scoping Plan Update was adopted on May 15, 2014.15 The Update
defines CARB’s climate change priorities for the next five years and lays the groundwork to start the
transition to the post-2020 goals set forth in Executive Orders S-3-05 and B-16-2012 (see below).
The Update highlights California’s progress toward meeting the “near-term” 2020 GHG emission
reduction goals defined in the 2008 Scoping Plan and evaluate how to align the State's longer-term
GHG reduction strategies with other State policy priorities, such as for water, waste, natural
resources, agriculture, clean energy, and transportation and land use.
15 California Air Resources Board. AB 32 Scoping Plan. Available at:
<http://www.arb.ca.gov/cc/scopingplan/scopingplan.htm>.
Protected Trees Ordinance Update Initial Study
City of Cupertino 47 October 2014
In addition to AB 32, Executive Order S-3-05 (EO S-3-05) established a reduction target of 80
percent below 1990 levels by 2050 and Executive Order B-16-2012 established benchmarks for
increased use of zero emission vehicles and zero emission vehicle infrastructure by 2020 and 2025.16
Forest and Urban Forest Resources and Greenhouse Gases
Nationwide, urbanized areas account for three percent of the total land area and trees in U.S. cities
sequester about 14 percent of the carbon (C) sequestered 17 by U.S. forests. For California, it has
been estimated that between 2 and 12 percent of total C stored and sequestered annually by trees in
California is in urban forests. 18 Therefore, urban forests store considerable amounts of carbon.
The AB 32 Scoping Plan acknowledges the important role of terrestrial carbon sequestration in our
forests, rangelands, wetlands, and other land resources.19 The Forest sector evaluated in the Scoping
Plan is considered unique in that forests both emit greenhouse gases and uptake carbon dioxide
(CO2). Forests in California are now a carbon sink.
Research conducted on street trees in Berkeley shows that the average annual net CO2 removal
(including release from tree care activities, and reduced emissions from energy savings) ranges from
140 to 190 pounds per year.20 CAL FIRE, in conjunction with the U.S. Forest Service and
researchers at UC Davis, is also developing GHG inventory data for urban forests and is continuing
to refine and update data over time.21
One of the earliest mitigation protocols adopted for the mitigation of offset of CO2e emissions is the
Urban Forest Project Reporting Protocol, adopted by the California Climate Action Registry in 2008.
The introduction to the Protocol describes that urban forests can reduce atmospheric carbon dioxide
(CO2) directly and indirectly.22 As long as trees are growing, they remove CO2 from the air in a
process called carbon sequestration, transforming CO2 into carbon and making use of it to build
living matter - leaves, stems, trunk, roots. The direct effect of the net storage of CO2 through tree
plantings can be reported and registered with the California Registry using this Protocol. Urban
forests have two additional, indirect effects on atmospheric CO2 and other greenhouse gases (e.g.
methane, nitrous oxide). First, trees around buildings can reduce heating and air conditioning use,
thereby reducing emissions of GHGs associated with the consumption of electricity, natural gas, or
other fuels.23 Second, normally when trees die, the stored carbon is released into the atmosphere
16 Office of Governor Edmund G. Brown Jr. “Executive Order B-16-2012”. Accessed November 7, 2013.
<http://gov.ca.gov/news.php?id=17472>
17 Carbon sequestration is the process of capture and long-term storage of atmospheric carbon dioxide (CO 2). In the
case of forests and trees this is primarily through the absorption of carbon dioxide and incorporation into plant
tissues.
18 McPherson, Gregory, Oingfu Xiao, Elena Aquaron. 2013. A new approach to quantify and map carbon stored,
sequestered and emissions avoided by urban forests. Landscape and Urban Planning 120 (2013) 70– 84.
19 California Air Resources Board. AB 32 Scoping Plan. Available at:
<http://www.arb.ca.gov/cc/scopingplan/scopingplan.htm>
20 Greg McPherson, Ph.D., USFS Center for Urban Forest Research, email to Kristy Le, August 19, 2009.
21 California Air Resources Board. First Update to Climate Change Scoping Plan. Available at:
<http://www.arb.ca.gov/cc/scopingplan/scopingplan.htm>
22 California Climate Action Registry. 2008. Urban Forest Project Reporting Protocol Version 1.0.
23 McPherson, et al. (2013) concluded that if avoided emissions are included, urban forests are responsible for 20
percent of total reductions in GHG emissions and they act as an important sink for approximately 1–2 percent of
statewide GHG emissions.
Protected Trees Ordinance Update Initial Study
City of Cupertino 48 October 2014
through decomposition. If the biomass from removed trees is used as feedstock for power plants,
however, GHG emissions that would have occurred with other fuel sources are displaced.
The means of disposal of tree materials can also effect greenhouse gas emissions. Materials that are
composted or burned (e.g., in a co-generation power plant) primarily release the carbon stored in
plant tissues as CO2. Tree materials that are landfilled in anaerobic conditions release substantial
amounts of their carbon as methane (CH4), a GHG with global warming potential 21 times that of
CO2.
California Senate Bill 375 and Plan Bay Area
Senate Bill 375 (SB 375), known as the Sustainability Communities Strategy and Climate Protection
Act, was signed into law in September 2008. It builds on AB 32 by requiring CARB to develop
regional GHG reduction targets to be achieved from the automobile and light truck sectors for 2020
and 2035 when compared to emissions in 2005. The per capita reduction targets for passenger
vehicles in the San Francisco Bay Area include a seven percent reduction by 2020 and a 15 percent
reduction by 2035.24
Consistent with the requirements of SB 375, the Metropolitan Transportation Commission (MTC)
has partnered with the Association of Bay Area Governments (ABAG), BAAQMD, and the Bay
Conservation and Development Commission (BCDC) to prepare the region’s SCS as part of the RTP
process.25 The SCS is referred to as Plan Bay Area.
MTC and ABAG adopted Plan Bay Area in July 2013. The strategies in the plan are intended to
promote compact, mixed-use development close to public transit, jobs, schools, shopping, parks,
recreation, and other amenities, particularly within Priority Development Areas (PDAs) identified by
local jurisdictions.
2010 Bay Area Clean Air Plan
The Bay Area 2010 Clean Air Plan (CAP) addresses air emissions in the San Francisco Bay Area Air
Basin. One of the key objectives in the CAP is climate protection. The 2010 CAP includes emission
control measures and performance objectives, consistent with the State’s climate protection goals
under AB 32 and SB 375, designed to reduce emissions of GHGs to 1990 levels by 2020 and 40
percent below 1990 levels by 2035. One control measure related to trees (ECM 4) calls for
promotion of planting of low‐ volatile organic compound (VOC) ‐ emitting shade trees to reduce
urban heat island effects, save energy, and absorb CO2 and other air pollutants.
BAAQMD CEQA Guidelines
BAAQMD identifies thresholds of significance for operational GHG emissions from stationary
sources (e.g., engine-generators, boilers) and land-use development projects in its 2011 CEQA Air
24 The emission reduction targets are for those associated with land use and transportation strategies, only. Emission
reductions due to the California Low Carbon Fuel Standards or Pavley emission control standards are not included
in the targets.
25 ABAG, BAAQMD, BCDC, and MTC. “One Bay Area Frequently Asked Questions” Accessed October 26, 2013.
<http://onebayarea.org/about/faq.html#.UQceKR2_DAk>
Protected Trees Ordinance Update Initial Study
City of Cupertino 49 October 2014
Quality Guidelines. These guidelines also include assessment methodologies and mitigation
strategies for GHG emissions. Planting shade trees on the south or west sides of properties is
identified as an energy efficiency mitigation measure that can reduce energy use (and associated
GHG emissions) by up to 30 percent.
In jurisdictions where a qualified Greenhouse Gas Reduction Strategy has been reviewed under
CEQA and adopted by decision-makers, compliance with the Greenhouse Gas Reduction Strategy
would reduce a project’s contribution to cumulative GHG emission impacts to a less than significant
level.26 The City of Cupertino is planning to prepare a Climate Action Plan in 2013-2014 that would
serve as a qualified Greenhouse Gas Reduction Strategy.
4.7.2 Environmental Checklist and Discussion of Impacts
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project:
1. Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
1,8,9,10
2. Conflict with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emissions of greenhouse gases?
1,2,5,8
4.7.2.1 Overview of Greenhouse Gas Emission Impacts
The proposed project does not include land use development (project-level operational impacts) or
adoption of a regional plan for which specific quantitative thresholds have been identified.
According to CEQA Guidelines Section 15064.4, a lead agency shall have discretion to determine, in
the context of a particular project, whether to: (1) Use a model or methodology to quantify GHG
emissions resulting from a project, and which model or methodology to use. The lead agency has
discretion to select the model or methodology it considers most appropriate provided it supports its
decision with substantial evidence. The lead agency should explain the limitations of the particular
model or methodology selected for use; and/or (2) rely on a qualitative analysis or performance based
standards.
While there are models that estimate net GHG emissions associated with trees and urban forests,
including the protocol adopted by the California Climate Action Registry, there is no citywide survey
or estimates of the City’s urban forest resources. Given the limited quantitative information available
for use with a model, the number of assumptions regarding tree species, tree age, and number of trees
in Cupertino’s urban forest that would need to be made would be highly speculative. This could
result in inaccurate or misleading results. Therefore, for the purposes of this Initial Study, a
primarily qualitative analysis will be used and is considered appropriate.
26 The required components of a “qualified” Greenhouse Gas Reduction Strategy or Plan are described in both
Section 15183.5 of the CEQA Guidelines and the BAAQMD CEQA Air Quality Guidelines (amended 2012).
Protected Trees Ordinance Update Initial Study
City of Cupertino 50 October 2014
4.7.2.2 Greenhouse Gas Impacts
Given the overall scope of global climate change, it is not anticipated that a single project, such as
adoption of an ordinance, would have an individually discernable effect on global climate change. It
is more appropriate to conclude that the GHG emissions generated by the proposed project could
combine with emissions across the State, nation, and globe to cumulatively contribute to global
climate change. The challenge under CEQA is for a Lead Agency to translate the issue down to the
level of an individual CEQA document for a specific project in a way that is meaningful to the
decision making process. Under CEQA, the essential questions are whether a project creates or
contributes to an environmental impact or is subject to impacts from the environment in which it
would occur, and what mitigation measures are available to avoid or reduce impacts.
As discussed in Section 4.7.1.1, trees in the urban forest both emit greenhouse gases and take up
carbon dioxide (CO2). Overall, urban forests serve as a carbon sink (e.g., they sequester CO2
absorbed from the atmosphere in the roots, trunk and other tissues of trees).
The amount of carbon dioxide that is stored on an annual basis, either in an individual tree or within
a community’s urban forest, is a function of the age and size of trees, how tree trimmings are
disposed of, and the GHG emitting characteristics of individual species. The AB 32 Scoping Plan
notes that planted trees maximize their sequestration capacity in 20 to 50 years.
To certain extent, replacement tree planting would be required with or without the ordinance as trees
within the urban forest become diseased or reach their natural life span. The Protected Trees
Ordinance provides for the replacement of trees that are removed under the City’s tree removal
permit process. Depending on the size of the tree removed, replacement would consist of one or
more trees (refer to Table 3). As noted above, trees maximize their carbon sequestration capacity in
roughly 20 to 50 years. Therefore, there would be a temporal loss in sequestration as replacement
trees grow and mature.
As discussed on pages 15-20 of this Initial Study, changes in permit requirements would apply to tree
removal in residential zones in the City, primarily properties with established, older houses in R-1
and RHS zoning districts where landscape plans or other approved development plans are not in
effect or on file. While permit requirements for the Specimen tree category would no longer cover
California Bay trees or Specimen trees in 10 inch to less than 12 inch DBH size, the number of native
trees or non-native cedars that would be removed without replacement is anticipated to be relatively
low overall. In addition, the City’s tree protection ordinance is not the primary factor in the retention
of most trees within the City. Landowners maintain and plant trees on their properties for their
aesthetic, energy conservation, shade, and wildlife habitat value and only a small fraction of the trees
in Cupertino’s urban forest would be removed and replaced with younger trees. While the removal
of individual trees would release stored carbon once removed, overall greenhouse emissions into the
environment could be reduced if woody materials are composted or used for energy rather than
landfilled. Several of the landfills that serve the City of Cupertino (e.g., Newby Island, Zanker Road,
Guadalupe) have composting or recycling operations for wood materials. Overall, it is anticipated
that Cupertino’s urban forest would remain a carbon sink for carbon dioxide. For these reasons,
implementation of the proposed amendments to the Protected Trees Ordinance would not generate
GHG emissions that would have a substantial effect on the environment. (Less Than Significant
Impact)
Protected Trees Ordinance Update Initial Study
City of Cupertino 51 October 2014
4.7.2.3 Consistency with Statewide GHG Reduction Plans and the Bay Area CAP
The AB 32 Climate Change Scoping Plan and First Update to the Climate Change Scoping Plan
provide a comprehensive strategy to reduce statewide GHG emissions in the year 2020 consistent
with the reduction targets established by AB 32. The update of the Scoping Plan also includes longer
term targets through 2050. Included in the plan strategies are actions related to both forests and
recycling and waste, though the contribution of urban forests to carbon sequestration is not currently
quantified in the Scoping Plan.
The proposed amendments include replacement tree plantings for trees that are removed, which
would roughly off-set the loss of carbon sequestration for individual trees over time. Trees removed
from sites in Cupertino generally would be disposed of at local landfills with capabilities for waste
diversion and compositing that are consistent with Scoping Plan Recommended Action 15 for
Recycling and Waste.
The proposed project includes tree replacement guidelines that could allow for replacement tree
planting that would provide shade and increase energy efficiency. The City is also participating in a
separate tree planting program (Trees4Free) that is designed to provide for additional tree planting in
communities in conformance with energy efficiency measures in the Bay Area CAP.
Implementation of the proposed amendments to the Protected Trees Ordinance would, therefore, not
conflict with statewide or regional plans adopted to reduce GHG emissions. (Less Than Significant
Impact)
4.7.3 Conclusion
The proposed amendments to the Protected Trees Ordinance would not directly or indirectly result in
substantial GHG emissions that would have a significant impact on the environment, nor would the
proposed project conflict with statewide or regional plans adopted to reduce GHG emissions. (Less
Than Significant Impact)
Protected Trees Ordinance Update Initial Study
City of Cupertino 52 October 2014
4.8 HAZARDS AND HAZARDOUS MATERIALS
4.8.1 Setting
Hazardous materials include materials such as compressed gases, flammable liquids, oxidizers,
corrosives and toxics. Hazardous materials are used and stored in most urban, suburban, and rural
communities, including those within the project area. Examples of hazardous materials include
gasoline and other fuels, chlorine compounds, acids, and biocides. They include substances used at a
wide range of industries and businesses including manufacturing, automotive, medical and
electronics. Many products containing hazardous chemicals also are routinely used and stored in
homes; generally in small quantities. Hazardous materials are also shipped daily on highways,
railroads, and in pipelines.
Each year, Californians generate two million tons of hazardous waste.27 Properly handling these
wastes avoids threats to public health and degradation of the environment. In addition, existing
contamination from reported hazardous materials release sites (such as leaking fuel tanks) can
adversely affect the environment or human health and is tracked in State of California databases,
such as the GeoTracker database maintained by the State Water Resources Control Board.
Landfill and solid waste facilities include landfills, transfer stations, material recovery facilities,
compositing sites, and closed disposal sites. The two environmental concerns related to landfills are
the generation and control of landfill gas and water moving through landfilled materials (leachate).
Transfer stations do not routinely handle materials classified as hazardous materials, although they
do encounter them in waste materials during sorting and have procedures for separating and properly
disposing of such materials when encountered. There are no active landfills in the City of Cupertino.
Other hazards identified in the project vicinity include safety zones for airports and very high
severity hazards for wildfires in foothill areas. Safety zones and airport influence areas for airports
are identified in Comprehensive Land Use Plans (CLUPs) for the public airports in Santa Clara
County and do not extend to the City of Cupertino.28 An area of very severe hazards for wildfires is
identified in southern Cupertino. 29
27 Department of Toxic Substances Control. “DTSC: Who We Are and What We Do”. Accessed November 8,
2013. <http://www.dtsc.ca.gov/InformationResources/DTSC_Overview.cfm>
28 County of Santa Clara, Planning Office. “Airport Land-Use Commission”. Accessed November 8, 2013.
<http://www.sccgov.org/sites/planning/PlansPrograms/ALUC/Pages/ALUC.aspx>.
29 CalFire. “Santa Clara County FHSZ Maps” Accessed November 11, 2013.
<http://www.fire.ca.gov/fire_prevention/fhsz_maps_santaclara.php>
Protected Trees Ordinance Update Initial Study
City of Cupertino 53 October 2014
4.8.2 Environmental Checklist and Discussion of Impacts
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project:
1. Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials?
1
2. Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
1
3. Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile
of an existing or proposed school?
1
4. Be located on a site which is included on a list
of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, will it create a
significant hazard to the public or the
environment?
1
5. For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, will the project result in
a safety hazard for people residing or working
in the project area?
1,2
6. For a project within the vicinity of a private
airstrip, will the project result in a safety
hazard for people residing or working in the
project area?
1,2
7. Impair implementation of, or physically
interfere with, an adopted emergency
response plan or emergency evacuation plan?
1
8. Expose people or structures to a significant
risk of loss, injury or death involving
wildland fires, including where wildlands are
adjacent to urbanized areas or where
residences are intermixed with wildlands?
1
Protected Trees Ordinance Update Initial Study
City of Cupertino 54 October 2014
4.8.2.1 Hazardous Materials Impacts
The proposed ordinance does not propose or require land use development or new operational use or
storage of hazardous materials. The project would, therefore, not expose people to substantial
adverse hazards related to existing soil or groundwater contamination or impair implementation of
emergency response or evacuation plans.
There would be limited hazardous materials use related to the permitted removal and planting of trees
associated with fuels for vehicles and equipment. This use is regulated under a number of regulatory
programs in place and the proposed amendments to the Protected Trees Ordinance would not create a
hazard to the public from reasonably foreseeable upset and accident conditions. (No Impact)
4.8.2.2 Other Hazards
A portion of the City is within an area at the wildland-urban interface subject to very high wildfire
hazards. Outdoor work using power equipment by licensed professionals is anticipated to include
use of equipment with spark arrestors. It is also assumed that appropriate fire control equipment
would be on-hand. Tree removal is one of many activities that homeowners and their contractors
may conduct in outdoor areas at the wildland-urban interface and it is not anticipated that the limited
tree removal and replanting anticipated with implementation of the amendments to the ordinance
would result in a substantial new hazard. (Less Than Significant Impact)
4.8.3 Conclusion
The proposed amendments to the Protected Trees Ordinance would not create a hazard to the public
or the environment through the routine transport, use, or disposal of hazardous materials. (No
Impact)
Tree removal and replanting anticipated at the urban-wildland interface within the Very Severe
Wildland Fire zone under the proposed ordinance is not anticipated to result in a substantial new
hazard. (Less Than Significant Impact)
Protected Trees Ordinance Update Initial Study
City of Cupertino 55 October 2014
4.9 HYDROLOGY AND WATER QUALITY
4.9.1 Setting
4.9.1.1 Climate
The City of Cupertino is situated on an alluvial plain within the Santa Clara Valley, which extends
southward from San Francisco Bay to Hollister, south of Gilroy. The mountain ranges bordering the
alluvial plains ringing San Francisco Bay reach over 4,000 feet in elevation. Slopes vary from
essentially flat (zero to two percent) on the valley floor with steeper slopes over 15 percent in foothill
areas.
The climate is a semi-arid, Mediterranean-type climate with warm, dry weather from late spring to
early fall and cool, moist winters. Yearly precipitation varies, based largely on topography. The
wettest month of the year is usually January.
Evapotranspiration is defined as the combination of evaporation and transpiration of water from the
land’s surface to the atmosphere. Average annual evapotranspiration in nearby San José is
approximately 50 inches per year with potential water loss through evapotranspiration substantially
higher than the mean annual precipitation.
4.9.1.2 Surface Water Drainage
Watersheds within Cupertino
A watershed is a land area from which water drains into a major body of water such as a stream, lake,
wetland, bay or estuary, the ocean, or percolates into groundwater. The two watersheds that drain to
San Francisco Bay in Cupertino are the Lower Peninsula Watershed and the West Valley Watershed
Each watershed is made up of one or more main creeks, as well as many smaller tributaries, each
with its own sub-watershed. Watershed elements include not only these tributaries but groundwater
recharge basins.
Creeks within the Cupertino portion of the Lower Peninsula Watershed include Stevens Creek and
Heney Creek.30 Creeks in the West Valley Watershed include portions of the Sunnyvale East
Channel and Calabazas Creek, and Regnart Creek. Saratoga Creek flows adjacent to Lawrence
Expressway at the eastern boundary of the city.
Stormwater and Urban Runoff
Stormwater is rainwater that flows across surfaces without being absorbed into soil. Urban runoff is
stormwater that combines with irrigation runoff, and water from other sources in an urban setting.
Hardscape (impervious) areas prevent water from being absorbed into the ground and causes
stormwater to flow more quickly and in larger qualities into the storm drain system. As stormwater
combines with runoff already in the system, it gathers additional volume, speed, force, and
30 Santa Clara Valley Water District. “Watershed Information.” Accessed November 8, 2013.
<http://www.valleywater.org/Services/WatershedInformation.aspx>.
Protected Trees Ordinance Update Initial Study
City of Cupertino 56 October 2014
contaminants. As a result, when the urban runoff is eventually released into a creek, river or bay it
can cause erosion, flooding and damage to wildlife habitat.
Stormwater runoff within the urbanized areas of Cupertino is discharged into local storm drains,
which, in turn, flow into local creeks and San Francisco Bay.
Flooding and Flood Management
The Santa Clara Valley Water District (SCVWD) is responsible for providing flood protection to
residences and businesses in the County from floods equal to or less than the “one percent flood.”
The one percent flood, also referred to as the “100-year flood” or the “base flood,” is the flow of
water that has a one percent chance of being equaled or exceeded in any given year. This level of
risk, however, should not be confused with a flood that would occur once every 100 years, but one
that might occur once every 100 years or so, on average, over a very long period of time.
Areas subject to the one percent flood are designated as Zone AE, A, AH, or AO on the Federal
Emergency Management Agency (FEMA) flood maps. A designated flood zone is present in the
vicinity of Regnart Creek.
4.9.1.3 Groundwater Conditions
Groundwater is an important source of water to urban and rural land uses in Santa Clara County and
nearly one-half of the water used in the County is pumped from groundwater. Cupertino is located
within the Santa Clara Valley Groundwater Basin and includes the McClellan groundwater recharge
facility.
4.9.1.4 Water Quality
The water quality of streams, creeks, ponds, and other surface water bodies can be greatly affected by
pollution carried in contaminated surface runoff. Pollutants from unidentified sources, known as
“non-point” source pollutants, are washed from streets, construction sites, parking lots, and other
exposed surfaces into storm drains. Surface runoff from roads in the project area is collected by
storm drains and discharged into creeks and ultimately conveyed to San Francisco Bay or Monterey
Bay. The runoff often contains contaminants such as oil and grease, plant and animal debris (e.g.,
leaves, dust, and animal feces), pesticides, litter, and heavy metals. In sufficient concentration, these
pollutants have been found to adversely affect the aquatic habitats to which they drain.
The US Environmental Protection Agency (EPA) lists 26 Bay area waterways as “trash-impaired”
under Section 303(d) of the federal Clean Water Act. Within the project area these include two
waterways in Cupertino (Stevens Creek and Saratoga Creek) and the San Francisco Bay shoreline.
Protected Trees Ordinance Update Initial Study
City of Cupertino 57 October 2014
4.9.2 Environmental Checklist and Discussion of Impacts
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project:
1. Violate any water quality standards or waste
discharge requirements?
1
2. Substantially deplete groundwater supplies or
interfere substantially with groundwater
recharge such that there will be a net deficit in
aquifer volume or a lowering of the local
groundwater table level (e.g., the production
rate of pre-existing nearby wells will drop to a
level which will not support existing land
uses or planned uses for which permits have
been granted)?
1
3. Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, in a manner which will result in
substantial erosion or siltation on-or off-site?
1
4. Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, or substantially increase the rate or
amount of surface runoff in a manner which
will result in flooding on-or off-site?
1
5. Create or contribute runoff water which will
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted
runoff?
1
6. Otherwise substantially degrade water
quality?
1
7. Place housing within a 100-year flood hazard
area as mapped on a Federal Flood Hazard
Boundary or Flood Insurance Rate Map or
other flood hazard delineation map?
1
8. Place within a 100-year flood hazard area
structures which will impede or redirect flood
flows?
1
9. Expose people or structures to a significant
risk of loss, injury or death involving
flooding, including flooding as a result of the
failure of a levee or dam?
1
10. Inundation by seiche, tsunami, or mudflow? 1
Protected Trees Ordinance Update Initial Study
City of Cupertino 58 October 2014
4.9.2.1 Impacts to Drainage and Flooding
Unlike areas covered by buildings or pavement, areas where trees are planted are pervious to storm
water and allow for absorption of storm water into soils, which reduces flood hazards and
downstream erosion.
The Protected Trees Ordinance (Chapter 14.18 of the City’s Municipal Code) regulates the removal
of protected trees and protection during construction within the City. The basic purposes of
preserving protected trees and the protection of all trees during construction, including assisting in
the absorption of rain water, would not change under the amendments to the ordinance. Since the
amendments to the ordinance do not include land development that could increase impervious
surfaces or change drainage patterns, the project would have no impact on drainage and flooding.
(No Impact)
4.9.2.2 Impacts to Water Quality
The proposed ordinance does not propose or require land use development that could result in
temporary or long-term impacts to water quality. Tree removal from individual sites could generate
sediment and tree materials that are transported to storm drains if good housekeeping practices of
sweeping and disposal are not employed, however. It is anticipated that most contractors and land
owners would follow basic best management practices for sediment control. As shown in Table 3,
most tree removals in the City have historically been associated with approved development and
these would have stormwater and/or erosion control requirements in place as conditions. Annually,
the number of tree removals at single family or duplex residences outside an approved development
have been about 10-13 per year and these tree removals would not cover a substantial area (refer to
Table 3 for a summary of past tree removal permits). Therefore, impacts to local water quality would
not be substantial. (Less Than Significant Impact)
4.9.3 Conclusion
Implementation of the proposed amendments to the Protected Trees Ordinance would have no impact
on drainage and flooding in Cupertino. (No Impact)
Short-term impacts to water quality associated with tree removal and replacement would be limited
in approved developments and limited by good housekeeping practices and effected areas in single
family residential zones. (Less Than Significant Impact)
Protected Trees Ordinance Update Initial Study
City of Cupertino 59 October 2014
4.10 LAND USE
4.10.1 Setting
The City of Cupertino covers an area of approximately 11.3 square miles. Cupertino’s land use
pattern consists of predominantly single-family residential subdivisions with commercial and
employment centers on arterial streets, separated from surrounding residential areas. The western
foothills are predominantly semi-rural in character, with larger lots, steep terrain and a noticeable
mix of native and non-native landscape. On the valley floor, land use patterns are more suburban
with smaller lots and a mosaic of schools, small retail and office uses. Employment centers are
located in the Heart of the City and at the northern edge, where industrial office/research &
development uses are concentrated. Multi-family and clustered single family developments are more
prevalent near more heavily traveled road ways. Local and regional parks and larger school sites
provide recreational and visual open space throughout the community and along creeks.
4.10.1.1 General Plan and Zoning
About 78 percent of the City is planned for residential uses, with the majority of the City planned for
single family development. Large areas of the city (over 40 percent in area) are designated for
hillside residential uses that are very low in density. In recent years, while the total area designated
for commercial and industrial uses has not changed, the intensity of those uses on individual
properties has increased. The City’s General Plan calls for more intense development in identified
urban centers, with transitions between neighboring uses, including suburban and semi-rural
development.
Development throughout the City is subject to review for conformance with the strategies and
policies in the General Plan as well as the development standards in the City’s zoning ordinance.
4.10.1.2 Relevant Regulations in the City of Cupertino Municipal Code
City of Cupertino Municipal Code
Protected Trees Ordinance
The Protected Trees Ordinance (Chapter 14.18 of the City’s Municipal Code) regulates the removal
of protected trees and protection during construction within the City. The preservation of protected
trees and the protection of all trees during construction is identified in the best interest of the City 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 know 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.
Protected Trees Ordinance Update Initial Study
City of Cupertino 60 October 2014
Protected trees and tree protection and tree replacement guidelines are identified in the Protected
Trees regulation. The Director of Community Development is responsible for enforcement of this
chapter of the Municipal Code that is designed, in part, with the purpose of avoiding or mitigating
environmental effects to trees.
4.10.2 Environmental Checklist and Discussion of Impacts
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project:
1. Physically divide an established community? 1
2. Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including, but
not limited to the general plan, specific plan,
local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or
mitigating an environmental effect?
1,2,3
3. Conflict with any applicable habitat
conservation plan or natural community
conservation plan?
1
4.10.2.2 Overview of Land Use Impacts
The proposed amendments to the Protected Trees Ordinance does not include land development that
could physically divide an established community and there are no habitat conservation plans that
would be applicable to the proposed project. (No Impact)
4.10.2.2 Conflict with Local Policies or Ordinances
The proposed amendments to the City’s Protected Trees Ordinance would modify some of the
procedures for applying for a tree removal permit and definitions in the Specimen tree category. It
also would modify the minimum protected sizes of Specimen trees (from 10 inches DBH to 12
inches DBH) and remove California Bay from the list of protected Specimen trees. As discussed in
Section 4.0 (Project Effects), the number of native trees and cedar trees removed without replanting
is not anticipated to change substantially either citywide or within individual residential zones.
Permits for Specimen tree removal would be required on private property, as defined in the
ordinance. Tree removal citywide would remain regulated for approved developments, which are
anticipated to cover most of the tree removal in clustered single-family (R1C), multi-family (R3),
commercial and industrial zones. The proposed amendments would not change the general intent of
the Protected Trees Ordinance or otherwise conflict with ordinance’s purpose of protecting trees as a
valuable asset to the community. (Less Than Significant Impact)
Protected Trees Ordinance Update Initial Study
City of Cupertino 61 October 2014
4.10.3 Conclusion
Implementation of the proposed amendments to the Protected Trees Ordinance would have less than
significant land use impacts. (Less Than Significant Impact)
Protected Trees Ordinance Update Initial Study
City of Cupertino 62 October 2014
4.11 MINERAL RESOURCES
4.11.1 Setting
Mineral resources found and extracted in Santa Clara County include construction aggregate deposits
such as sand, gravel, and crushed stone. There are several quarries in hillside areas of unincorporated
Santa Clara County in the foothills west and south of the City. There are several areas in the City of
Cupertino that are designated by the State Mining and Geology Board under the Surface Mining and
Reclamation Act of 1975 (SMARA) as containing mineral deposits which are of regional
significance; however, the City’s General Plan indicates that these areas are either depleted or
unavailable due to existing development.
4.11.2 Environmental Checklist and Discussion of Impacts
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project:
1. Result in the loss of availability of a known
mineral resource that will be of value to the
region and the residents of the state?
1,2
2. Result in the loss of availability of a locally-
important mineral resource recovery site
delineated on a local general plan, specific
plan or other land use plan?
1,2
4.11.2.1 Impacts to Mineral Resources
The project would not result in the loss of availability of a known mineral resource in that the project
does not involve development or reservation of a particular site containing mineral resources. The
proposed amendments to the Protected Trees Ordinance, therefore, would not result in significant
adverse impacts to mineral resources. (No Impact)
4.11.3 Conclusion
Implementation of the proposed amendments to the Protected Trees Ordinance would not result in
the loss of availability of a known mineral resource. (No Impact)
Protected Trees Ordinance Update Initial Study
City of Cupertino 63 October 2014
4.12 NOISE
4.12.1 Setting
Several factors influence sound as it is perceived by the human ear, including the actual level of
sound, the period of exposure to the sound, the frequencies involved, and fluctuation in the noise
level during exposure. Noise is measured on a “decibel” (dB) scale which serves as an index of
loudness. Because the human ear cannot hear all pitches or frequencies, sound levels are frequently
adjusted or weighted to correspond to human hearing. This adjusted unit is known as the “A-
weighted” decibel or dBA. Further, sound is averaged over time and penalties are added to the
average for noise that is generated during times that may be more disturbing to sensitive uses such as
early morning, or late evening.
Since excessive noise levels can adversely affect human activities (such as conversation and
sleeping) and human health, federal, state, and local governmental agencies have set forth criteria or
planning goals to minimize or avoid these effects. The noise guidelines are almost always expressed
using one of several noise averaging methods such as Leq, DNL, or CNEL.31
4.12.1.2 Regulatory Setting
Cupertino Municipal Code
Noise emissions from construction and landscaping are regulated under Chapter 10.48, Community
Noise Control, of the City’s Municipal Code. The use of motorized equipment for landscape
maintenance activities on private property is limited to the hours of 8:00 a.m. to 8:00 p.m. on
weekdays, and 9:00 a.m. to 6:00 p.m. on weekends and holidays. In addition, reasonable efforts are
made by the user to minimize the disturbances to nearby residents by, for example, installation of
appropriate mufflers or noise baffles, running equipment only the minimal period necessary, and
locating equipment so as to generate minimum noise levels on adjoining properties (Section
10.48.051).
4.12.2 Environmental Checklist and Discussion of Impacts
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project result in:
1. Exposure of persons to or generation of noise
levels in excess of standards established in
the local general plan or noise ordinance, or
applicable standards of other agencies?
1,2
31 Leq stands for the Noise Equivalent Level and is a measurement of the average energy level intensity of noise over
a given period of time such as the noisiest hour. DNL stands for Day-Night Level and is a 24-hour average of noise
levels, with 10 dB penalties applied to noise occurring between 10:00 p.m. and 7:00 a.m. CNEL stands for
Community Noise Equivalent Level; it is similar to the DNL except that there is an additional five (5) dB penalty
applied to noise which occurs between 7:00 p.m. and 10:00 p.m. Generally, where traffic noise predominates, the
CNEL and DNL are typically within two (2) dBA of the peak-hour Leq.
Protected Trees Ordinance Update Initial Study
City of Cupertino 64 October 2014
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project result in:
2. Exposure of persons to, or generation of,
excessive groundborne vibration or
groundborne noise levels?
1
3. A substantial permanent increase in ambient
noise levels in the project vicinity above
levels existing without the project?
1
4. A substantial temporary or periodic increase
in ambient noise levels in the project vicinity
above levels existing without the project?
1
5. For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, will the project expose
people residing or working in the project area
to excessive noise levels?
1,2
6. For a project within the vicinity of a private
airstrip, will the project expose people
residing or working in the project area to
excessive noise levels?
1,2
4.12.2.1 Noise Effects
The proposed amendments to the City’s Protected Trees Ordinance does not include physical
development of any kind. Noise in Cupertino related to tree removal on private property is limited to
truck and equipment noise from tree removal and replanting. The time of day landscape maintenance
activities can occur is regulated under the City’s Community Noise Control chapter in the Municipal
Code which limits work to day time hours. Noise from tree removal and replacement on individual
properties would be temporary and of short duration and would not expose persons to excessive noise
or groundborne vibration levels associated with new land uses. (Less Than Significant Impact)
4.12.3 Conclusion
Noise from landscape maintenance activities is regulated under the Community Noise Control
chapter in the City’s Municipal Code. Implementation of the amendments to the Protected Trees
Ordinance would not result in significant noise impacts. (Less Than Significant Impact)
Protected Trees Ordinance Update Initial Study
City of Cupertino 65 October 2014
4.13 POPULATION AND HOUSING
4.13.1 Setting
According to the U.S. Census, the population of Cupertino was 58,302 residents and there were about
20,181 households in 2010.
4.13.2 Environmental Checklist and Discussion of Impacts
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project:
1. Induce substantial population growth in an
area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension of
roads or other infrastructure)?
1
2. Displace substantial numbers of existing
housing, necessitating the construction of
replacement housing elsewhere?
1
3. Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere?
1
4.13.2.1 Impacts to Population and Housing
The proposed project, implementation of amendments to the Protected Trees Ordinance, would not
displace housing or induce population growth. Since there would be no land use development
associated with the project, there would be no impact on population and housing in Cupertino. (No
Impact)
4.13.3 Conclusion
The proposed project, implementation of amendments to the Protected Trees Ordinance, would not
displace housing or induce population growth. (No Impact)
Protected Trees Ordinance Update Initial Study
City of Cupertino 66 October 2014
4.14 PUBLIC SERVICES
4.14.1 Setting
Public services such as police and fire protection, schools, parks, and public facilities, are operated
and maintained by either the County of Santa Clara, local school districts or City of Cupertino.
Fire safety and protection is provided by Santa Clara County Fire Department. There are three fire
stations located in the City of Cupertino.
Public safety services are provided by the Santa Clara County Sheriff’s Office. The Santa Clara
County Sheriff’s Office services the communities of Cupertino, Los Altos Hills, Saratoga, and
unincorporated areas of Santa Clara County.
School services are provided by Cupertino Union Elementary School District and the Fremont Union
High School District.
The City of Cupertino’s neighborhood parks system service the active and passive recreational needs
of residents with 10 neighborhood parks and four special purpose parks (Memorial Park, McClellan
Ranch Park, Blackberry Farm and Creekside Park).
4.14.2 Environmental Checklist and Discussion of Impacts
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
1. Would the project result in substantial
adverse physical impacts associated with the
provision of new or physically altered
governmental facilities, the need for new or
physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or
other performance objectives for any of the
public services:
Fire Protection?
Police Protection?
Schools?
Parks?
Other Public Facilities?
1
1
1
1
1
Protected Trees Ordinance Update Initial Study
City of Cupertino 67 October 2014
4.14.2 Impacts to Public Services
The proposed amendments to the Protected Trees Ordinance would regulate tree removal, tree
protection measures, and tree replacement on private property. The proposed project would not
increase the demand for police and fire services nor would it require the construction or expansion of
any other public facilities. (No Impact)
4.14.3 Conclusion
The proposed ordinance would have no adverse physical impacts on police and fire facilities,
schools, parks, or other public facilities. It would not require the construction or expansion of any
new or existing public facilities. (No Impact)
Protected Trees Ordinance Update Initial Study
City of Cupertino 68 October 2014
4.15 RECREATION
4.15.1 Setting
The City of Cupertino’s neighborhood parks system service the active and passive recreational needs
of residents with 10 neighborhood parks and four special purpose parks (Memorial Park, McClellan
Ranch Park, Blackberry Farm and Creekside Park).
4.15.2 Environmental Checklist and Discussion of Impacts
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
1. Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility will
occur or be accelerated?
1
2. Does the project include recreational facilities
or require the construction or expansion of
recreational facilities which might have an
adverse physical effect on the environment?
1
4.15.2.1 Impacts to Recreational Facilities
The proposed amendments to the Protected Trees Ordinance would regulate tree removal within the
City of Cupertino on private land and for trees other than street trees or in parks.
The proposed project would not increase the use of the existing neighborhood and regional parks or
cause adverse physical impacts to recreational facilities. (No Impact)
4.15.3 Conclusion
The proposed project would not increase the use of parks or recreational facilities or require the
construction of new recreational facilities. (No Impact)
Protected Trees Ordinance Update Initial Study
City of Cupertino 69 October 2014
4.16 TRANSPORTATION
4.16.1 Setting
4.16.1.1 Existing Transportation System
The existing transportation system within Cupertino includes the roadway network (e.g., freeways,
expressways, arterials, and neighborhood streets), transit systems (buses, heavy rail), bicycle routes,
and trails and pathways for pedestrians and bicycles. The transportation system is owned and
maintained by the City of Cupertino, Santa Clara County (county expressway), and the State of
California (highways and freeways and some railroad tracks).
For CEQA analyses done in Cupertino, traffic conditions at study intersections affected by project
traffic are evaluated using level of service (LOS). Level of Service is a qualitative description of
operating conditions ranging from LOS A, or free-flowing conditions with little or no delay, to LOS
F, or oversaturated conditions with excessive delays. The City of Cupertino identifies LOS D or
better as the acceptable standard for most local street operations. The Santa Clara County
Congestion Management Plan (CMP) level of service standard for signalized intersections, which
applies only to regional intersections designated in the CMP, is LOS E or better. The CMP
methodology requires an impact analysis be done for any intersection to which a proposed project
would add 10 or more vehicles per lane per hour. For freeways, the LOS standard is LOS E or better.
The City also has policies and programs that encourage and/or plan for increased use of multi-modal
transportation facilities such as transit, pedestrian sidewalks and trails, and bicycle facilities.
4.16.2 Environmental Checklist and Discussion of Impacts
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project:
1. Conflict with an applicable plan, ordinance or
policy establishing measures of effectiveness
for the performance of the circulation system,
taking into account all modes of
transportation including mass transit and non-
motorized travel and relevant components of
the circulation system, including but not
limited to intersections, streets, highways and
freeways, pedestrian and bicycle paths, and
mass transit?
1
2. Conflict with an applicable congestion
management program, including, but not
limited to level of service standards and travel
demand measures, or other standards
established by the county congestion
management agency for designated roads or
highways?
1
Protected Trees Ordinance Update Initial Study
City of Cupertino 70 October 2014
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project:
3. Result in a change in air traffic patterns,
including either an increase in traffic levels or
a change in location that results in substantial
safety risks?
1
4. Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible land uses (e.g.,
farm equipment)?
1
5. Result in inadequate emergency access? 1
6. Conflict with adopted policies, plans, or
programs regarding public transit, bicycle, or
pedestrian facilities, or otherwise decrease the
performance or safety of such facilities?
1
4.16.2.1 Transportation Impacts
The proposed project is adoption of amendments to the Protected Trees Ordinance that regulates tree
removal from areas other than street rights-of-way and parks.
The ordinance does not propose modifications to the transportation network or construction of new
development that would generate new vehicle, bicycle or pedestrian trips. (No Impact)
4.16.3 Conclusion
The ordinance does not propose modifications to the transportation network or construction of new
development that would generate new vehicle, bicycle or pedestrian trips or result in transportation
hazards or inadequate emergency access. (No Impact)
Protected Trees Ordinance Update Initial Study
City of Cupertino 71 October 2014
4.17 UTILITIES AND SERVICE SYSTEMS
4.17.1 Setting
Water service within Cupertino is provided by the California Water Service Company. Sanitary
sewer service (collection) for much of the City is provided by the Cupertino Sanitary District with
treatment at the San José-Santa Clara Regional Wastewater Facility. The City of Sunnyvale provides
sanitary sewer collection in the Rancho Rinconada area within the City with treatment at the
Sunnyvale Water Pollution Control Plant.
Solid waste collected from the City is delivered to Newby Island Sanitary Landfill. Many types of
recyclable materials are also delivered to the Sunnyvale Materials Recovery Station (SMART
Station) for recycling. The City has a contract with Newby Island Landfill until the year 2023, or
until the cumulative tonnage delivered equals 2.05 million tons. Individual commercial contractors
may also dispose of debris at other landfills, such as Guadalupe Mines Landfill and Zanker landfills
in San José.
4.17.2 Environmental Checklist and Discussion of Impacts
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project:
1. Exceed wastewater treatment requirements of
the applicable Regional Water Quality
Control Board?
1
2. Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the
construction of which could cause significant
environmental effects?
1
3. Require or result in the construction of new
stormwater drainage facilities or expansion of
existing facilities, the construction of which
could cause significant environmental effects?
1
4. Have sufficient water supplies available to
serve the project from existing entitlements
and resources, or are new or expanded
entitlements needed?
1
5. Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it has adequate capacity to
serve the project’s projected demand in
addition to the provider’s existing
commitments?
1
Protected Trees Ordinance Update Initial Study
City of Cupertino 72 October 2014
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
Would the project:
6. Be served by a landfill with sufficient
permitted capacity to accommodate the
project’s solid waste disposal needs?
1
7. Comply with federal, state and local statutes
and regulations related to solid waste?
1
4.17.2.1 Impacts to Utilities and Service Systems
The proposed project is adoption of amendments to the Protected Trees Ordinance that regulates tree
removal from areas other than street rights-of-way and parks. Since there would be no land use
development associated with the project, there would be no direct impact on wastewater generation
or stormwater generation. (No Impact)
Replacement of Specimen trees not associated with new construction could incrementally increase
water use in the short term on an individual property as new plantings become established. As tree
mitigation requirements for Specimen trees on private property without an approved landscape plan
are similar to existing requirements and only a fraction of total tree removals and replacements in the
City (refer to Table 4), short-term changes in water demand in a neighborhood resulting from the
proposed amendments are anticipated to be very limited. (Less Than Significant Impact)
The project area is served by a landfill with adequate capacity. (No Impact)
4.17.3 Conclusion
Implementation of the proposed amendments to the Protected Trees Ordinance would not result in
substantial impacts to utilities and service systems. (Less Than Significant Impact)
Protected Trees Ordinance Update Initial Study
City of Cupertino 73 October 2014
4.18 MANDATORY FINDINGS OF SIGNIFICANCE
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact Checklist
Source(s)
1. Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to
drop below self-sustaining levels, threaten to
eliminate a plant or animal community,
reduce the number or restrict the range of a
rare or endangered plant or animal or
eliminate important examples of the major
periods of California history or prehistory?
p. 13-75
2. Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects)?
p. 13-75
3. Does the project have the potential to achieve
short-term environmental goals to the
disadvantage of long-term environmental
goals?
p. 13-75
4. Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or indirectly?
p. 13-75
4.18.1 Project Impacts
As described in the specific sections of this Initial Study (refer to Section 4.0 Environmental Setting,
Checklist, and Discussion of Impacts, Sections 4.1-4.17), on pages 13-73, the proposed project would
not result in significant environmental impacts. The project would have no impacts in the area of
agriculture and forest resources, cultural resources, geology and soils, hazardous materials,
hydrology, mineral resources, population and housing, public services, recreation, and transportation.
The project would have less than significant impacts in the areas of aesthetics, air quality, biological
resources, greenhouse gas emissions, wildland fire hazards, water quality, noise (temporary), and
utilities and service systems (water demand).
Compared to current conditions, implementation of the proposed amendments to the Protected Trees
Ordinance would not degrade the quality of the environment, substantially reduce the habitat of a fish
or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten a
plant or animal community, reduce the number or restrict the rare of a rare or endangered plant or
animal or eliminate important examples of the major periods of California history or prehistory.
(Less Than Significant Impacts)
Protected Trees Ordinance Update Initial Study
City of Cupertino 74 October 2014
4.18.2 Short-term Environmental Goals vs. Long-term Environmental Goals
The proposed project would not frustrate or conflict with long-term environmental goals in that the
proposed amendments to the Protected Trees Ordinance provide for the protection of trees during
construction and the replacement of removed trees at a ratio of one to one or greater. Replacement
trees would support long-term environmental goals of maintaining tree resources in Cupertino to
maintain or improve aesthetics, air quality, absorption of stormwater, and climate goals.
4.18.3 Cumulative Impacts
Several of the environmental issues addressed in the previous sections of this Initial Study, such as
air quality and greenhouse gas emissions, are assessments of a project’s contribution to cumulative
effects on either a regional or global basis. These effects were found to be less than significant.
This project is somewhat unique under CEQA in that it does not include a specific development
project or land use plan. The project was identified as having less than significant aesthetic, air
quality, biological resources, GHG emissions, wildland fire hazards, water quality, land use, noise,
and water supply impacts. Several of projects have been recently approved or are reasonably
foreseeable in the City of Cupertino or neighboring cities of San José, Santa Clara and the City of
Sunnyvale. These include the development or redevelopment of residential, industrial, and
commercial uses. One, large recently approved project is the Apple Campus in the northern portion
of the city. While these individual projects may result in significant impacts in particular issue areas,
it is assumed that the projects would comply with existing regulations and statutes, and would
incorporate mitigation and avoidance measures to reduce potential impacts (such as impacts to water
quality) to a less than significant level, if necessary. For example, all projects are required to
incorporate best management practices and comply with local and regional regulations to reduce
impacts to water quality to the maximum extent feasible. (Less Than Significant Cumulative
Impacts)
4.18.4 Direct or Indirect Adverse Effects on Human Beings
As discussed previously in this Initial Study (Sections 4.3 Air Quality, 4.8 Hazards and Hazardous
Materials, 4.9 Hydrology and Water Quality, and 4.12 Noise), implementation of the proposed
amendments to the Protected Trees Ordinance would not adversely affect humans by emitting air
pollutants, releasing toxic or hazardous materials, impairing drinking water supplies or water quality,
or generating substantial noise. Compared to current baseline conditions, the proposed project would
not directly or indirectly cause significant effects on human beings. (Less Than Significant
Impacts)
Protected Trees Ordinance Update Initial Study
City of Cupertino 75 October 2014
Checklist Sources
1. CEQA Guidelines - Environmental Thresholds (Professional judgment and expertise and
review of project).
2. City of Cupertino. General Plan 2000-2020 General Plan.
3. City of Cupertino. Cupertino California Municipal Code. Available at:
<http://www.amlegal.com/cupertino_ca/>
4. California Department of Conservation. Santa Clara County Important Farmland 2010 Map.
June 2011.
5. Bay Area Air Quality Management District. Bay Area 2010 Clean Air Plan. Adopted
September 2010.
6. Bay Area Air Quality Management District. CEQA Air Quality Guidelines. Updated May
2011.
7. City of Cupertino. Heritage Tree List and Map (Protected Trees Ordinance Chapter 14.18).
8. California Air Resources Board. AB 32 Scoping Plan.
9. McPherson, Gregory, Oingfu Xiao, Elena Aquaron. 2013. A new approach to quantify and
map carbon stored, sequestered and emissions avoided by urban forests. Landscape and
Urban Planning 120 (2013) 70– 84.
10. California Climate Action Registry. 2008. Urban Forest Project Reporting Protocol Version
1.0.
Protected Trees Ordinance Update Initial Study
City of Cupertino 76 October 2014
SECTION 5.0 REFERENCES
ABAG, BAAQMD, BCDC, and MTC. “One Bay Area Frequently Asked Questions”. Accessed
November 8, 2013. < http://onebayarea.org/about/faq.html#.UQceKR2_DAk>
CalFire. “Santa Clara County FHSZ Maps” Accessed November 11, 2013.
<http://www.fire.ca.gov/fire_prevention/fhsz_maps_santaclara.php>
California Air Resources Board. AB 32 Scoping Plan. Available at:
<http://www.arb.ca.gov/cc/scopingplan/scopingplan.htm>
California Air Resources Board. First Update to the Climate Change Scoping Plan. Available at:
<http://www.arb.ca.gov/cc/scopingplan/scopingplan.htm>
California Climate Action Registry. 2008. Urban Forest Project Reporting Protocol Version 1.0.
California Department of Toxic Substances Control. “DTSC: Who We Are and What We Do”.
Accessed November 8, 2013.
<http://www.dtsc.ca.gov/InformationResources/DTSC_Overview.cfm>
California Department of Transportation. “California State Scenic Mapping System”. Accessed
October 24, 2013. <http://www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm>
California Oak Foundation. No Date. California Oak Foundation, Oaks, CEQA, Carbon Dioxide
and Climate Change. Available at: <http://www.californiaoaks.org/html/reference.html>
California Oak Foundation. 2008. An Inventory of Carbon and California Oaks. Available at:
<http://www.californiaoaks.org/html/2040.html>
California Oak Foundation. 2006. Oaks 2040. Available at:
<http://www.californiaoaks.org/html/2040.html>
California Oak Mortality Task Force. 2010. Sudden Oak Death Guidelines for Arborists. Available
at: <http://www.suddenoakdeath.org/diagnosis-and-management/best-management-
practices/>
City of Cupertino. 2014. City Council Staff Report, Meeting: April 1, 2014 (Subject; Study Session
for amendments to Protected Tree Ordinance (MCA-2013-01).
City of Cupertino. “Street Trees / Right of Way”. Accessed November 8, 2013.
<http://www.cupertino.org/index.aspx?page=1134>
City of San José. 2011. Final Program EIR for the Envision San José 2040 General Plan. Technical
Report (Paleontological Resources).
Protected Trees Ordinance Update Initial Study
City of Cupertino 77 October 2014
County of Santa Clara, Department of Agriculture. 2009. Map of Santa Clara County Where Sudden
Oak Death is Known to Occur. Available at:
<http://www.sccgov.org/sites/ag/Pages/Sudden-Oak-Death.aspx>
County of Santa Clara, Planning Office. “Airport Land-Use Commission”. Accessed November 8
2013. <http://www.sccgov.org/sites/planning/PlansPrograms/ALUC/Pages/ALUC.aspx>
Hatch, Charles R. 2007. Trees of the California Landscape. University of California Press.
McMinn, Howard E. and Evelyn Maino. 1963. An Illustrated Manual of Pacific Coast Trees.
University of California Press.
McPherson, Gregory, Oingfu Xiao, Elena Aquaron. 2013. A new approach to quantify and map
carbon stored, sequestered and emissions avoided by urban forests. Landscape and Urban
Planning 120 (2013) 70– 84.
Natural Resources DataBase. Checklist of Flora in McClellan Ranch Preserve. Accessed October
24, 2013. <http://nrdb.org/>
Office of Governor Edmund G. Brown Jr. “Executive Order B-16-2012”.
<http://gov.ca.gov/news.php?id=17472>.
Reale, Joseph A. and Robert B. Blair. 2005. Nesting Success and Life-History Attributes of Bird
Communities Along an Urbanization Gradient. Urban Habitats, 3(1).
Rossi, Dagit. 2006. Evaluating Your Oak’s Net Worth. Available at:
<http://www.californiaoaks.org/html/reference.html>
Santa Clara Valley Water District. “Watershed Information.” Accessed November 8, 2013.
<http://www.valleywater.org/Services/WatershedInformation.aspx>
University of California Statewide Integrated Pest Management Program. 2010. Sudden Oak Death:
Integrated Pest Management in the Landscape. Agriculture and Natural Resources
Publication Number 74151, Available at: <http://anrcatalog.ucdavis.edu/Items/74151.aspx>
University of California. 2008. A Homeowner’s Guide to Sudden Oak Death. Available at:
<http://www.suddenoakdeath.org/diagnosis-and-management/best-management-practices/>
UC Berkeley Forest Pathology and Mycology Laboratory. “SOD Blitz”. Accessed November 8,
2013. <http://www.cnr.berkeley.edu/garbelotto/english/sodblitz.php>
Protected Trees Ordinance Update Initial Study
City of Cupertino 78 October 2014
SECTION 6.0 AUTHORS AND CONSULTANTS
Lead Agency Authors: City of Cupertino
Department of Community Development
Aarti Shrivastava, Director
Gary Chao, Assistant Director
Piu Ghosh, AICP, Senior Planner
Tiffany Brown, Associate Planner
Consultant:
David J. Powers & Associates, Inc.
Environmental Consultants and Planners
Nora Monette, Principal Project Manager
Julie Wright, Senior Project Manager
Ryan Shum, Researcher
Zach Dill, Graphic Artist
Protected Trees Ordinance Update Initial Study
City of Cupertino 79 October 2014
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 and considered evidence presented by City staff and other interested parties;
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.
Section 2: Statement of Purpose
This ordinance amendment improves readability and consistency with other City ordinances
and clarifies a streamlined tree removal permit process in R1/A1/A/RHS/R2 zoning districts.
Section 3: Code Amendment
The Cupertino Municipal Code is amended to read as shown in Attachment 1.
Section 4: The City Council conducted an environmental assessment 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
Should any provision of this Ordinance, ar 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 form and after adoption as
provided by Government Code Section 36937.
ATTACHMENT B.
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
14.18.080 Heritage Tree List
14.18.090 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
14.18170 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
14.�18.070 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 struch�re (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 or any other public agency.
"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 or any other public agency.
"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.
74.78.030 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.
14.18A40 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. Platanus Acerifolia(London Plane); and
7. Platanus Racemosa(Western Sycamore).
C. Approved Development Tree(s).
D. Approved Privacy Planting in R-1 zoning districts.
74.18.060 Plan of Protection.
As part of a development application:
A. The approval authority shall adopt a �naintenance 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).
1�.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."18.700 Recordation.
Heritage trees, Privacy Planting, and approved Development trees are required to be retained
as part of an application under Section 14.18.050 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.
14.78.170 Application, Approval Atrthority 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 14.18.140.
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-
inches or multi-trunk greater than forty-eight inches DBH, require the following in addition to
Application Requirements 1. through 4. listed above:
5. Other information deemed necessary by the Director of Community
Development to evaluate the tree removal request.
6. Photograph(s) of the tree(s).
7. An arborist report from an arborist certified by the International Society of
Arboriculture
8. Notice and Posting per Section 14.18.130.
B. Maximum Tree Removal Cap:
In the R1, A1, 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-
tnink 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. Applications for Protected tree removal shall be referred to the Director of
Community Development for final review and determination 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.
1�.18.720 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.
1�.78.130 I�'otice and Posting.
A. Notice shall be provided as indicated in Section 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.B)
B. Specimen Trees with single trunk under twenty-four inches DBH or under multi-trunk
forty-eight inches DBH, and trees listed under Exemptions in Section 14.18.150 do not require
notification or posting
C. Where approval of a tree removal permit is granted by the City, the property owner
shall post the tree removal permit on site until the tree is removed or shall present proof of the
tree removal permit upon request.
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 evenival 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: The Director of Community Development shall review and
approve the tree management plan where no development application is required.
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.
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. No tree removal
permit is required.
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 (e.g., a tree about to topple onto a principle dwelling due to heavy wind
velocities, a tree deemed unsafe, or a tree having the potential to damage existing or
proposed essential structures), 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,in the opinion of the Director of Community Development. 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
approva] process shall be required in this situation.
14.18.160 Tree Replacement.
A. Tree Replacement:
14.78.770 Retroactive Tree Remova( Perrnit.
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.
14.18.780 Revie�v, Determination and Findings.
A. Findings:
l. 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 of
similarly zoned and situated property, and the applicant has demonstrated to the
satisfaction of the approval authority that there are no reasonable alternatives to
preserve the tree(s)
2. 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.
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.
1-}.]b.190 Notice of Action on Permit �nd 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.
1�.7t�.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.
i�.1S.210 Protection f'lan Before Demolition, Grading or Ruilding 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 Cominunity 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 Directar 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 14.18.110.
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 14.18.220 and 14.18.230 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 Califo�nia Business
and Professional Code, to prune and cut off the branches that must be removed during the
ATTACHMENT B.
APPENDIX B
REFERENCE PHOTOS OF SPECIMEN TREES PROTECTED IN ACCORDANCE WITH
SECTION 1418.060
EXAMPLES OF SOME OAK TREE VARIETIES
VALLEY OAK
-�� � (Ouercus lobata)
���~�W1F� .:A�Jr . . p
r� �Bi �� �'f „4
Y;�
'����� +: iy ,� � �n� r`�^."''�*-
1 a. '�� i t .,,�-_l
• � ��.. 1r+i...' ^1a� �.�'.� � ��_�?., �, - �vir►-'� �
,,� l
�J a Y`" �j 'r �� � �",�'
.1,. '(f '. `'- `� . � �l. .p��'� i
�
ti -
� �,�f b'� "� N .r.�,. . �r
� � .�� . ,� �{ ,.X� , �C,
,-+��.x .'� ` _ ,r �''�� .
�� f _ �� � .��i..t� ��.. � _� '��.
.r R � ��� ���1�
w — r ,�II�� �r,i
+ . �t �+ .� • .. t�������il2�a
..- . d, . �`���" ,r.." .- ,
' (`.: 14,,� �� f V'7
/� ('
COAST LIVE OAK
� ' (Quercus agrifolia)
i Y �II��
,� .�` w f �,
..l: „ty� ��y
. � � ��- M
� r�.
��� ' ''���''�- ��� ��
+ �� ' �� �,�,y,� • ,. .� � � �
..� I��. �� � ' ' 7 r , `y�k�r1�
., � �.
d � �r .
,� . r � �.�y4 �".�Jb: �
kA � •, -3u' {�7 `�` ""+� . .
�•�� ` i r� "' .4u �.��� •. .
_ � =:�,' .i .
'`� _ ' • �' '��.
T- `+'. ` � �- yry.
�'��r�� ~r .1� �� �''V�'
• �:
� �� ,� �o' ��, y� Y
r��-�s
�,, �,. .., � X..
r. ��t:��� �S'' �`
��" r t; y�",_ - �.r+�l , �•� �. ;..g
• �„��s� BLUE OAK
'�t�.�"�► �,, (Quercus douglasii)
� ti.x ���� � ,�� y ,
t ,.� ;� . � �i
f..���,. � �4r.r � .�j � �_., � '. � .
�y a , t +t
.�'.:ti i, �.. .��y",,' �7� . !Y�C���
�' Y'��. � � A�Z" �w 1 �i � �
:.
• r r�,.�� � . • �,
�,���!')f•�E` ''��' • ,t 1�,.f• •,� .•x,,�1'"� :r �
Ta',��i�,� RF. ��-���t -�.-{ .s^"�J� ��, ... �,+ �`�..�`*m l�
� �,.� t�,( .4.1. ♦ "V.� ��
� � � � vs: J�..' •,���,F�`� � ��
,� ,0' � ►! '+�,'�; �,1;��,�'������.``y����
q ��y�t�°y.. �'�^ �a � .�r�,�y"rkr�y�� .
_� i '
•�.. ' .'� �1t�•;��1 �� .:r�,.. h�{"• 1� _�.
.a.g�f��.,�,,�.��.;,*c._#�,:,,.r, :rs .�• +��.
e � �°# � � �h+ '`� ✓.
i. �{ _ .
'��� �} i
� .. ..w�s ,"�rx�',^'�dR �#M.*.e .. W. ..
- �a BLACK OAK
.:�,, � (Quercus kelloggii)
���r�,
'� :�
�r,:'�'���s°>„
t � h.� ;,
�, ����:r.�< ��4:
ar ^r. � �
�. � �� w�a� w-y"`.,*�j�fw �" ;+„
'��� � .C1` "�rd' Z ��..� �y,rr`�_� �
��'i:.� '�-,���i•�� . .'� 'f�ry a.'�.
+�rg., � ,3�. ,.'.a,_
��
��r �y.. ,���� �,b''��""`✓ y�y��� '+
.y ` �"�.. "n- � u._ ,. t:
��'F - '�,y'��yk�t �,'� +�r'' ',� �
• ° � :`� �� � �� � �
- Y ��
Fzs<:.. . .. . ., � ,.,�.¢:..� �. .
�---•--�.,...��,.,,...
,,�.. .. . --��,;,�-.'
'� INTERIOR LIVE OAK
�•+. ?6, y�,,��
'���'� '�� (Quercus wislizeni)
�:9��'e>;�-�
„ „-�� "' �,t� +' .,,;;
�,:.,n,�`,K ':;�e«�` . 'M1 �-�S�
� ,
�+'�' � .,y,y� .��
t �, a; ���� i�xy, � .
`�� fY�'{ ��
, �' ����J� i�., �.' .�.. .n�_ ..x.
�� v.
�y '.-�. �s . .
r :�� ° a k
. .S� 'sy�'1 4 y` � , f':�.. 1:
' 4 r .
i'I �r, t '�"¢" � :.
t�
���h '{�a�� ��l `c�l�' {N h�'���� �' ���^- �—�'F �
� ;� � y �,
�
�, .�a � . r�;:
�'� '��� 4 ���fi �` ��� �. ..
. T •�5��� ��,
x �
. �e.,y'� "t. �„;t. .
:A r �X �s i- .
�, CALIFORNIA BUCKEYE
. ,�, �.
` ,;r��" c� � (Aesculus californica)
• ' c ��' �„ —'`�
,� `;, � ,
�,'` y '_" �:. . -
� �,_ �� � ^
b � k 1� I �
`{ t.�� ���� .�„F`f{.��y i ��.
!�I
� S �
• ♦`. �
. 1 1 ���� '� �.a�K � s
. cR. �� /�,���* . 1 �X �.. � h r �-j�r },'a.i 3 ��tP
�`��.�,., t �..M i � �yt ��' , hf ,^ � �.17, ��k
� 4 j y� 4��''�f �,.xy•t�,.ai,4-, � y/�.,...� � t�,:;>� .j.�� �5 � f'�" f"
* � �:�, ' ��.`�`` �� � e��� -� `f' �� i ���'',s��:�
� , � r�b� �r f 1�
1 � ,�/�-A7.� �',�' ,�; ti� r�� o` ,a4?.. A� ,.
� ; +.,h._ � e o+:r ., }"'��-''
Yr �"(i J
a,
,.s.. .�, ..:trh� + � ,: 6 r � .P..��..,;
�
�; ' �.. 41 �rR �« .. �i�" y ,� �. . �� '�!�
a.�.7, � � ��t w -', � ',� ,,,�Yi��) �y�,��,'
pn� �'R:"�.����. �� ��('& ?�y� ty �'°�'\• `t ,,`+�.}tR���"9� •�q
� �., ' ` � "�, " � '
. , �. �� � �
� � � + ;� � i�'� `�,�_
4'� -��. ,�,'`' "F�y�.� �`' � •:'+��� '>'� 7,� .
'�i: 7�v�1r '�� °, r. � Y}�(��; .
I:..:� � !S Y '� � �� �.�.R W7 P. ��.''
r... ... h ,� rh 4 �.f':�; t�:
N
a 'N..' �s4,�� ,rY.
t �`ti�� .�,y,
:���,y, �� �r��
�� � �+��:x��
""' BIG LEAF MAPLE
;}
,'� � s ° . (Acer macrophyllum)
4, �°
' �� ,� 1it �' �S.
; �/ ��1� Iyy'`
"�., y •�'",�. +r '���tey C".'•� ,.}yn � .,}. � j
'°� s °� ,� .
�„ ,�r• ��" ti{ .�,, .' -o
_y � { �, �f �� \ ��
1 tF,;� �J�,'[,M�tij� �> �`� Z,�' • � L.
� i �p ��
.,�. .i ^i� ".� A�. �y,a�. " a'�h',,`.,i, �
. ?�S` t ..b �� 'av�?,'�,y.p 'C
..�� ..f - ..y 4t� .� r ►`'.�y.t`,
�Q� �.
�r �: ' •� �r �..
.� � I .:r' —
-�.,,
�
��
-i . �
: � r � `
' , -- -
r t°
' _' '� � DEODAR CEDAR
�`
.�d��+'��� = a'� (Cedrus deodara)
; `,���1� � �t:
s t �"�--+�<f'. ' .
a- �' ,�f ,�.r,��{� �.+� '� � {,�y:.
� ... � �'�`#�,� '7� �,Y�*.,��D,"' .1�t' ,' >.Y xA...t� � �.:�Y , 4 ,�tF
�� �j�'°C �j''^":���y'``G' ""'�7"t Y�'�(.'"�'" �' � ;t' v�i'f,�'t'.; ;
'��'�"',.�`� ~ . - ` .,�,.�s�. �; ,�. � �� _����
r�� '�i :S .i '�: �'�;� ��w i '�«�.
.,�! + • J. ._„'� y,,,.,. � ,�',� 1 .
� s�,
+�A� � ri� ^ �y,�y,'};► -•yo� ; � ���. .:� � � 36 6
� ���,���. � �j�,w . � . �g ,„ � y }ar�a �,��...
"��l��a ` � _ .��'`�` �`�' ��'x`��r r� ��� "'n.�/��j w, ��. ,��
�. �i.�1��' s'�I,'XA..� ���
� ,�� �6' �� � <s� P ��;�. �
•��~� .i.1 �`ir d� t L
- � ��J - '(
��,,. 1 � �'�
i�
�w
� � .
y " �. �� � � � � ° `�
. h��
i
� i
. `Y�-�:�fi �.�,,, '�
. � � �� .
,., ,,.,��
�°.,r+4-'�� . . Y ` .
7 ...,i ,s,.t A� "
, • . , , `.��Y, �,,..
�.>�t}���r .,r .��'Z "C .'k.4�k"`°d+..f.�p
- � �'/:����,��}��': � y�_. �'l"�
i , `j�f; �� +.i,. ��t,1^ �11r, �.
4� ,fiD'� \ � . 1,� . ,R�
�4 '�r a I p e7��� .�.`l�� '` �.,'.,.
` ����"'z� j^.�°:... '� r��t" �".
�F,�� �'��,� ♦ ���•'�� a.'T L'Z'/
r�� / ` � ,/ p[�`', �• �l`� ' s ' .'',i}.
� a�'�� � " ° ���� �
;� ,, .�:. ,�s�.� ,�w,
C Y '�'• w�'
- _ � BLUE ATLAS CEDAR
,�r�-� > ''�� ' (Cedrus atlantica'Glauca')
���.�;_ � ,�,�..
� < , . ��,,,, , -`��".,,�'�„ .
r
� :,ti r--<,_ ,,, � �, � .
'��.`'r: �:: 1�k,� . ":s , !�;"_ .+,-. i.
. y- .
�^� _
.; ,,,.�,�
,- . �
_ . ..., .. _
"� , : ^�
<
'�v�« �,, *°�M���t� �� �
'.� '.: � "'`", `»,, �. � � '.
, � , �.
t���,` �. r � �... '<�. �
i. � �'� ����f����4•s• � ,�i � � �,.�
�,�� :.' '
-�-�" ��`���_ '� 'i'"� .t^5�,-,�� -
.
� . . ; �� �.�:.� ;��„�' .,, � -
y� _ �`�' r -��.'-��. ,�t� ��`
� �� �4 ti.�'� y�"� J��
�.'/�.. "' '�-„q ..1"x ';r� _ / <—.
��y� 'T•F3 � , � � - � �
..M� .. � .I1���I Y t Y' '.•i� - .
`"����y5 ! '� �i.d' W4, , x
� '�'�,i.'+k,•F 'F"��.• �s . t�-r a;.0 R ,.
,��w �� _ �� ��,r��;.
. .,. � � �-r�,,,,, _����`��-,��
--4-::� Y<���c! `•�` �.��.�''"�..
:�� .,,�y, r .,
i � _,
,..� 'z ..,• �
.�� *��.r '�"}��.��-�J" y,,,,> 1'..
' _ •Y` C'.
_. ,` 'Z.,d.s,� .
- ,���_ -i { .
4 .4
1
+.� WESTERN SYCAMORE
:_,�;��,���"- (Platanus racemosa)
� M
; � {'�:��; �'.
�` ,+ .�s(1�� �A� ,~�� P�
•.`� iy '�.� � v�."'�' � -v��li �� ,.'�_r `�o�`,l�f
� �'�F'�, a��t� �r
��„� �� } . v, .,o`: � '�� �
i
�`r�. '..
; . � k S.+�i� W:"., ./�� �"^". . ' .;•� \' .•�..-
� � � ..� y-. �F,"- �
. *.
'..47... �� ♦
1 �;.'
•� p� ,��Y� � ��� �`.�
.'� 4
5 �,�i.'� �1 i� ' � �. � '
� i �� * '��. � - � � t ���
<� �hy�,. ,�� ti.�� �� �� � .
��u ��'.; . � ✓�,�.�� 'r_.�
�`� �'. �,- +r ,�r'�
1%r� L �,,. _.,�, w - � -��
:a � k_
1y ` ..� � I .'t:
vi
:%.iii�' :;9+
• 1����{_2y�ry���g1�Y/'� t*, �� �:t►
�\1-:,�Z.C�_,7•.1
'A.-+0.
, �. ' � . � . . .. [:�...... .
�:,;°.�, PLATANUS ACERIFOLIA
�..
� `� (London Plane)
�'� '� ,
�,�'�,��y '.-�` :�...
� �,�,,.�`t 4 ':`1t �",�f:' ��� �. �*.-. : .
: 7 ,.,�p :
}'� 4 " , '$'�7'a r7'.n +�:w � i 'L�,'�
�r ). f
Y ti� '. +� ..� A�� � ��f
`'1 d r'�t r +k' .._L •
.. � „�`�`�„'^"5s`'p `.'� �'`��9 '�.�"•+f-`�°�'' ` ''
" ,� � a .�� ��_ K��w��� � � � �,_
:�1 q� M �` p.t:y�� � +�..
- �C�. �'�.''��� *�.�� �' �r �'
-�fi � 3 ti.c;.� . �' +�` .�( � }'t t '►
�J=��',�� � �xs .� t' :'� +�IP` � '�.�,.
,-�` "���`,�'`k ',w
���'� �,,{� r j �v� 1. ,r : • "� �'' ,� �+�,�k�-,''�
_ '4 �. � A�fA�� .+ �,�f� ' ,i�+�"� ,�:.� ,�i:',1f*w.�';�e`�.�.
• �;tA.•ht���� t���Y� �'^'�i.v � S _
,�,� • r"-`
.
�, �.'�' �+� � r ,� ,i.
� �i�l���,'� .�'
1�-.-�[ �• ..�...�,: �- ���i�'
'""'� � �-- �"�
>
� ��- ���
- � '�., �'�°�
H U W h
Q � � Z �i
�,
���� 1 Ci Of Cu ertino
h' P
ci� Heritage Tree List
C U P E{�T I N O (In conformance�vith Ordinance 1Vo. 1�73,Section 4)
't��'l� �7..*e ��.�'�� �� ��N�. � F Y� ?,aa. _
1 Pepper Tree 20971 Pepper Tree Lane Tree planted Mabel William Noonan's Grandfather, Samuel
Williams in 1888. Mabel was a teacher in the Cupertino Union
School District for l7 yeazs,well loved and l:nown for her
enthusiastic romotion of Cu ertino and its histo
2 Kolter Pine 20900 McClellan Road Planted between 1900 and 1909 by Karla Friedrich. He was the
Historian of Cupertino until 1950. He was a resident of Cupertino
and a native of San Francisco,born in 1869.
3 Coast Live Oak 21971 McClellan Road Considered magnificent specimens to be preserved.
4 Coast Live Oak 21971 McClellan Road Probably one of the largest trunk diameters seen on these species.
5 Almond Tree 10026 Orange Avenue Planted by Samuel Williams.
6-38 California Fan Palm Avenue right-of-way Planted by John T. Doyle to line the main entrance to the Las
Palms from South Foothill Blvd. Palmas Winery. Doyle was a prominent attorney,author, historian
To Scenic Blvd. and vintner.
ror additional information about these heritage trees,contact tlie Cupertino Historical Society or refer to City of Cupertino file
81,004.154.
�z�
G Jpl annin�/miscJHeri tageTrecs.doc
3-`F2��r39 777..... ,�C 77«F73E�—R�9�iF.
1,���6��.�'��
i
9� 'I o 9 9 n 7n„t^.. n..a.l,.r...:i..
��3-1�Fi-5i'tIE:FF"�4'b lFE�FF�i.�.
�1.1 Q 1 7!1 T...�d,..,....",.....,,.-.�T71,....
7
� 'I Q 'i C(l 71:.,,,,_i,...a,. T,...,.-.,�„�
__.__,__ _ — _______ __ ____1. ___:
1 A �cz�nn �r�,.�..,.,..-.ti..,. T«,�,.D„«�1..,..1 D,......-.;+
14.18.2-�00 Protection During Construction.
14.18.2�10 Protection Plan Before Demolition, Grading or Buildin�Permit Granted.
14.18.2420 Penalty.
14.18.01(� P�rpcsse.
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
Ito preserve this valuable asset. The City finds that the preservation of P}�rotected 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
2 � Page
z4:
�---"Owner" shall include the legal owner of real property within the City, and any leassee
of such owner.
�—"Person" shall include an individual, –a firm, an association, a corporation, a co-
partnership, and the leassees, trustees, receivers, agents, servants and employees of any such
person.
G--"Private property" shall include all property not owned by the City or any other public
agency,
�--"Privac��lanting" means any privacy protection plantin� includin� trees and/or
shrubs, rec�uired�ursuant to Cha�ter 19.28.
�—'Public property"includes all property owned by the City ar any other public agency.
�:—"Protected tree"means any class of tree specified in Section 14.18.050.
��.
�"Retroactive trt:e reanoval �ern�it" means a }�ermit rec�uired after remaval of �
P�roteeted tree.
"Specimen tree"means any class of tree specified in Section 1418.050�.
"S�eciinen tree, Itilature" means an�r speciinen tre� �vitll a minirnimi sin�le-tr�t�rlk of
t�velve inches DBH (thi►-tv-ei�ht-inch circu�nference) or multi-trurlk DBH of hventy-four inche5 0
.�
(seventv-f.ive-inch circumference) or�reater. �
.�
�
"S�ecimen tree, \an-mature" means an�� s�.�ecimen tree with a single-trunk less than a
t-welve inches DBH (thirtv-eight-inch circumference} or multi-trunk DBH of less than t�vent�- U
fo�n�inches (seventy�-five-inch ci_rcumference�
�"Tree removal"means any of the following:
1. Complete removal, such as cutting to the ground or extraction, of a�i'rotected tree;or
2. Severe pruning, which means the removal of more than one-fourth of the functioning
leaf and stem area of a P�rotected tree in any twelve-month period as determined by the
Community Development Director.
"Tree removal permit" means a �ermit for tre.e re.moval of anv Protected trees �ursuant
to Section 14.18.0�0.
(Ord. 2085, § 2 (part), 2011;Ord. 2056, (part), 2010;Ord. 2003, 2007;Ord. 1886, (part), 2001;Ord.
1835, (part), 1999; Ord. 1810, (part), 1999;Ord. 1715, (part), 1996; Ord. 1573, � 3, 1991; Ord. 1543,
I �3, 1991,2014)
14.18.030 Actions Prohibited.
A. It is unlawful to �e��e�e��deliberatelv act in a manner that shall cause ��–any �
0
P�rotected tree to be irre��ersibl,�dama�ed or to die.;and '�
v
B. It is unlawful to remove any P�rotected tree in any zoning district without first �
I �
U
4 � Page
1n,.a �nsz; c� i�.,..+� 7M 1. (l,.a �nn�z �nrn�
l . .� ` . � ..� . . �
14.]8.0�60 Plan of Protection.
As�art ot a development a��lication:
A The a�roval authoritv �hall ado�t a maintenance�larl�Protected tree� It shall be o
the propertv o�vner(sl' res�onsibilitv to protect the trees. �
�+
B. Privacv ,�-��TP�lanfin� in R-1 zoning; districts shall be inaintained. Landscane `-'
�lantin� mainten�lce includes irri�ation ferdlization and �runing as necessarv to vield a o
gro�vth rate exuected for a particular��ecies Where�Privacv���-�Plantin� dies, it mtist .s
be replaced �vithin thirtv davs �vith the location siz� and G�ecies described in Ordinance No 0
1799 privac}� protection) and its a��endix The affected propertv owner witl�rivacv �
Urotection �lantin� on his or 11er lot is required to rnaintain the required �lantin and �hall be
required to coin�l�with Section 14.18.(�AI00,
�5'�3, �� ,, ,� � � ,�o,�
R'TTT.-). I7�Tl
14.18.8C�070 Heritane Trt•ee Desibnatio�l.
A. Initiated bv:
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. �
�3. Application:
In addition to requirements of Section 74.18.1�0, an application for a�Heritage tree designation
shall include:
1. Assessor's parcel number of the site;
I2. Description detailing the proposed H�eritage tree's special aesthetic, cultural, or
historical value of significance to the community;and
3. Photographs of the tree(s).
C. r�pprc�val Autharih�:
Application for designation of a k�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).
. _ �, ; . , "; . , ; . , , ; .
1��'2 � A 7 'I 00'1\
� � . �
�.
O
14.1.S.A�-080 HeriEage Tree [,ist. �
A �Heritage tree list shall be created and amended by resolution. The list shall include the �
.�
�
U
6 � Aage
:�
�
. , , ; . ; . . , . , .
_ �
' ' , _ . , �
,-�u,..�,,a . ,;,�i�,,,„�c,.,...�,..,,,r�,.F�r.;� „i. ,r,,,,.
. .b.... .�. . . ,�
�
�
. _ �, , .�
v
� �.
�
_ � �, ; . , , . _ , , , . , ; .
. , , `; . .. _, . ,
a
� , . �
b O
�
�--�
. . . . . . , � .b � . . . . . . �
N
. �
�--+
b O
"�
�
..� . . . . . . _ . . . . . .. �
O
. _ . �
,
�_.,......,. : .,7_:._L. al.,, a-.....,/,.l _ .:I1 ,. l.L, al.,. ,. _.a.....1 „ .,al. �
n � .
_ ,
b '
i�
. .. � ..� .,, r � �r .
1�.18.�4�110 Applicationl-�t�-_Approval AuEhariEy far Tree Removal Pern�it.
�-No person shall directly or indirectly remove or cause to be removed any I'}�rotected
tree without first obtaining a tree removal permit, unless such tree removal is exempt per o
ISection 14.18.�38140. An �4application for a tree removal permit shall be filed with the .�
Department of Community Development��nd shall contain the follo��in� information based �
�
�
U
8 � Page
thirtv-six month period �vil7 rec�uire an arborist re�ort and notification �er Section 14.18.130.
�C. A��rov�11 Autl�oritv:
1. Applications for�Protected tree removal shall be referred to the Director of Community
Development for final review and determination in accordance with Section 14.18.12�� o
�-�, except for H�eritage tree removals and tree removals in conjunction with development ;
applications. The Director of Community Development may refer the a��lication to another �
�
a�proval authority for a re�ort and recommendation. � , , . , ' , U
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.
I3. �Application for removal of a H#eritage tree shall be referred to the Planning
Commission for final review and determination in accordance with Chapter 19.12.
rn,-a �n4� a � �,-,-.,-F� 7l11'I. !l,-a �nn�z �nn�. n,.a �ti�n �,..-.,-+� i�a�. n.-a i��� a e � i,...,,.+� �oo�.
`v��.. �v�..�� J — \j-'�.,.��� ��,�i� vi�a. i-c�o r i • i i i • � • � i
� �
• � • �
14,18.�-120 n��^^U�-��ts#et-�Action by Director.
Upon receipt of • 1 com�lete tree rc:moval �ermit
�pplicatiari, the Director of Community Development or his or her authorized representative
will:
A. Re��iew the a��(ication pursuant to Section 74.18.180;
�
B. At the Director's discretion conduct a site vi�it within fourteen days, to inspect the °
:�
tree s) for which removal is requested�r�-„;c�� �a � ��„�+„ +�,,, ,. „�,- .. .., +,. c�,.�;�� �
�
. . . Priority of inspection shall be given to those requests based on hazard '�
or disease; and U
C. Send notices or schedule a hearin�in accordallce with requiremei�ts in Section 14.18.130
and Ch��ter 19.12.
, �
, v
. , , �
�
. , . _ � , __ '�
n„ T.,4.,,.,z-.4;,,,.�1 C,.,.;,,+�- ,.F A..l.�,,.:,.,,i�,...,. �
"�
N
„ r�• , (�
. ., � , ; . , ; . . :, . , � ; . . ;, � .. ,
�
� � � O
�
. � b - c--
�
i--�
. � . .. . . .. . . . .. �
r-�
�
d-�
�
v
�
�
10 � Page �
of certain trees in the future bv antici atinQ the eventual grotivth of trees on the nro ep ��tv_ and
suecifvinQ a time frame in which the trees mav rec�uire removal to �revent overcro�vding of
trees. Additional criteria mav be considered for the phased removal of trees including but not
limited to: site maintenance, accessibility im�rovements natural tree lifes�an and
landscape/site im�rovements that are determined to be a�ro�riate bv the T����•������
Communitv Develo�ment Director T'�" ,rF . °,'�," '��"� -,}-,„�;-,„ „�„r„-��;-,
- E' �� �a non F + �� �'��#�e �
oz,_,.,,a �i-, .+� �-�rf3, E��ith � �
� t�r
�+.,rl < �,�i, ., ,a.,.,,,t,.� .,� .. �i' �+' +L, cd
'L3
.,1 ,�F ., t,,�,-1�.,.. �t..,. �
scc:c �
. �1�., „l,'.,,,+, ,•�., �
' - - �i
A. A��lication:
An ap�lication for a Tree Management Plan shall contain the f�IlowinaT'�� '�,.,� ,��„�.��-���}
��
1�. A tree plan indicatin�, all existin<J trees to be retained and all ne�v trees to be �lanted that
ar�part of the apvroved landscape�lan�
�
�
2� Labe)ing of the s e� cies size in DBH at�lantin� time or at time of tree inana�ement plan �
a��roval,location and_e��entual�rowth size of each_tree on_the�lan,� -�
�
3�. A written exnlanation of the snecific treelsl to be removed `�v'
includin� the eventual gro�vth size in DBH at which time the tree i� to be rernaved, �nd a tizne
frame in which the tree(s) will reach the evenhial �rowth size:.-
=k. Tree survev plan indicatinQ tlie numUer, location(� variety and size (measured four and a
half feet above �rade) of tree(s) to be removed; o
.�
�. A strate�ic re�l�3cement�lanting�lan to�nanage�rowth during tree�rowth phases v
�
6. An arborist re�ort from an arborist certified bv the International SocietY of Arboriculture a
for all Mature Specinlen trees; a�1d U
7. Notice and Posting to residence, Section 74.18.130.
B. Ap�ro�a1 Authority: �
� �, The Director c�f
Communitv Development shall review and a�vrove the tree �nana�ement plan where no
de��elo�ment ap�lication is rec�uired. _ _ �
0
�n a��lication for a tree mana�ement plan in conjunction with a dev�lopment application shall ��
be considered b�� tlle a��roval authority concernin� the same �ropert�� as the affected tree �
management �lan a��licaHon, and the determination on the tree man��;einent �11n shall be �
inade concurrently by the ap�roval authorit�T. V
C. I�ecordatic�n:
Tl�e pro��rtv o�vner sh111 have retention ii�fornlation�laced o�1 fille pro��rt�in accordance�vith
Section 14.18.100, referrint;the ap�rove.d tree�nlna�ement�lan, upon a��roval.
�
D. Permits: �
:fl
�
�
�
v
�
12 � Page
,+;1;+� ,-�-;�, „a,� �1,�, �,7;,.+;l, �,F +1,,, T�„1,1; TT+;t;+;,, �',. ' - L al
`�ic��i=rcrz—p���
� -
tl,.��-.�.,�, .�ti,,,, ,�E rL„�;,.F.,,.:1;+;.,�
1=�.18.�-98-160 Tree ReplacemeY�#.
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 �
0
deemed otherwise by the approval authority_ , _ . ��
�
�
, •�
, .
�
� U
. . Table 14.18.160�A) may be used as a
basis for this requirement. ' �, -
� b '
Table14.18.760 A -Revlace�ne�it Tree Guidelines
IDiameter of Trtmk Size of Re�lacement Trees
Removed Tree (Measured
_._—..._..----._...----
4�/z f >t abavc rade
I �JP to �2 inclles� One 24"box tree �
IOver 12 inches and up to 18 T•.,� ''^"'�,..,'-�-^„�. �
inches Two 24" box trees or One 36" '�
�
Over 18 inclies and u� to 36 Uox tree �
inches
Over 36 inches One 36"Uox tree
IHerit e tre One 48"box tree
'� Does not ap�l�� to RI/A1/A/RHS/R2 zones except rec�uired
�riva�v�lantings trees in Rl zones.
2 The a�proval authoritv shall work �vith the a�licantl}�ropertv owner of the tree
removal perinit to determine the location of the revlacement tree(sl. �
0
.�
V
N
�
B. In Lieu Fe:es: �l
1. If a re�lacement tree cannot reasonablv be �lanted on the subject�ro�erf��, an in-lieu fee �
shall be paid by the person rec�uestin� the tree remo�al permit. Fees shall Ue �aid to the Citv's U
tree fund to:
�-a. Add or replace trees on �ublic propertv in tlle vicinitv of the sub'�eet�ropert��; or
1�. Add trees or landscapin�on other Cit�ro�ertv.
14 � Page
14.18.1.80 Review��-Determination�� "r�'�^^'Y^�and Findin�s.
< . . . . . . .. . . . . . . . b . , �
.�
. �
�
�
.. . . . . . � . . b .' .b� . .� �
. . .. .i , � . _ . . . .. � . _ . . .. . . . . .. -N-�
� '
�,.a;F'...,+',, „t�1,., �+. .,�„ .+'1;�.,
,..wu.,.,�.uai�,...�i ui�., ocru . . `�r
r'�. Findin�s:
1�. 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 of
similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of �
the approval authority that there are no reasonable alternatives to preserve the tree(s)- �
�
�
�
�2. That the protected tree(s) are a detriment to the subject property and cannot be
adequately supported according to good urban forestry pracrices due to the overplanting or
overcrowding of trees on the subject property.
B. The approval authority may refer the application to another department or commission
for a report, its revie�c,-�-recommendation and/or decision.
C. The approval authority shall e-i#�e�-approve, conditionally approve� or deny the
application.
D. The approval authority may require a-tree replacement� -�ec��i�e��or acce�t a tree
re�lacemen#in-lieu fee per Section 14.18.160 in conjunction with a tree removal permit.
�r�..,a �nay :� ir-.,,+� �m�. n,.a �nnz �nn�.n,.a �h^� c o � 'I 001. (l,.a �G�z � � i i c�oi�
t � � �t' n �� . , , � . . �
14.18.�38190 Notice of Action on Permit and Anveal•
a. Notice of the decision on an a��licatiorl for a Protected tree removal �ermit shall be o
_ '�
�rovi.ded in accordance �vith Se:ction 19.7.2.1.50. The notice of decisian shall Ue �ersonall� �
delivet-ed or rnailed to the a�plicant „';.,�F;�,� ��,. , �F����-' �,.�� r � , •} �,-, �j
��., .,� .��.� :�.
'v
�
�
B. Anv decision made bv the a}�proval authoritv on the tree removal ap}�lication mav be �j
a ealed in accordance��ith Cha ter 19.7 2.
14.18.2�00 Prote�tion During Construcfic�n.
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.
16 � Page
• •��uauzu���}�o� panoy�
:tiA,. � Herita e Tree �ocat�or� M�
.,;. g � �
` � Harnest ad Road �
.� . �
�. �
, � �
�' - -- ' `•�____.� - --
. �,. _.�.--_.... _ .
-- _— —
---- r __—�._.. -- ---
�
; �„�� -.�. 1`y' ��-= �=1- � ri�n�r�a ,�
9e
` �` ._.-_. � ���p ��e
• > �:�
� � Q � ,.'\
�
� Q ���
� � ��
�� @ m � G , . �
m`'
i � O ��y �
� m �� � P �
�� f . � Y'��.t�a~� � n
� � � �
< m s-� � h��-����
, Z � � t,�,. �:-,� 1 �
; � �� — � "�::�����;?��, � � x
. i � ,�> `r �
;1 *r f�"�-i '�' Q �w'�"� � (� � � cD
� p f�:ILiar�_ S- � � � �
c�
/ _.�-.� � 3gdl, O °�' �` a �
) � � � ,
� � �
�
� O �
Q'
.� N
�
, � G°°
� �
� �
� Drive _ .__
� �
4 � �� . �
a .� Heritage Trees ' �, :
�k `� e-Qj'"' :`:City Bourrdaries + .
_J �?oadways � ✓�
e c�r�— `� fi
� • �Arterial �a :,�
o� Prosp�ct Road ��Ilector .
�� ����� �r����
y ��,.����1 1�+V
�f Creeks and Streams
��
0
g-lplar�ning/rrnpslHeritage(ree
The purpose of this appendix is to outline standards pertaining to the protection of trees
described in Section 14.18.220 and 14.18.230 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 relaiionship 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
Iprotected against damage during construction operations by constructing a #c��+�six-foot-high
fence around the drip line, and armor as needed. The extent of fencing and armoring shall be
Idetermined by the landscape architect or arborist. The tree protection shall be placed befare 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 far 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.
20 � Page
ATTACHMENT B. "
IAPPENDIX B� .
REFERENCE PHOTOS OF SPECIMEN TREES PROTECTED IN ACCORDANCE WITH
SECTION 14.18.9�-5060
EXAMPLES OF SOME OAK TREE VARIETIES
VALLEY OAK
(Ouercus lobata)
�"�'� � ;
� �� �`;
�" �� ��� �
"�• ,�� �'� ���� "��� �� � ���; '?� �'� ,l� ���.�� , ;
� "z s � d� ,�,�� ��, " ,� �. �:�"'-���
� �
� �� � � (,�F°rx,
"� "'��:k "� S. � est�,., ,�� > ��, `�.
�i� w �
� ���„��� �,� � �.
� �- �` � �`
s" �
f � " �� �� �� .�� .. � ,�s�
���� �w � � � �� � p K� ��
+^i �� "� �, � � � ��,�'►. ��
� � `�� �
3 ! %�� -�R a
'3 �r- w ����
.f �_.. �-::"� . . ., . .`��{�•.,,x
'� >,�u>;. ^� ... .
yn
����� � � �
� a �'4 i}�� �:
i�
��
" ' ` ' COAST LIVE OAK
� ,���� -
.�� . _ :. �;�._.
(Quercus agrifolia)
� � � � � � ,� . r '�'" '
�� ` ��, , �
� �� �� ��
� � a*�
�' �. ,� ;�'
� y s �M�,.
.� ��� '_`�+:�� a �.
��' �s � '��� ��,
� ' �. �. � �� �� `� :�
y a ,�.,� fi �a,.�� �✓ •.�$r� . �'� ..
��;��q �e' � '�, $ � �
��,��, �[w � 1�� `�4�*'`�.±� #a�r N���� . �' Y?) .,.'z._�.:<N ���+ - � ....
����` ., , .� �*� '{� +. �. �(�y h�a,»
� Y'�� ��..� �,s �..
,W „ `i
� ;
� � "� � �$ �' � � �ra, �
. � . ;;�� ' ' ��' .�"�
� .���� ��.:�� z� �'§' ����
��� � li�
u.�` ���° � 3�'���9 ,�'���I~��i+-
�� �
.t r
� � s-.. V
�`;°� � , �'-"
�� m��_ �` ��w
� ��
o_ ..,� , �:
_ _e .
�
� �� �°,��. � ., � �.yx
I
`� CALIFORNIA BUCKEYE
� � � � �� �
� ` �'� ' ;�� �"► ..��` (Aesculus californica)
.� a
� ��s « � _ � ' .
" �� w � „ � � r_
'�� ,��'�k� ' �� �
��'�,�' "� �� ��.� ���t��s�-" ��� �'� `�� �� �` �,�
*"�'`�� �� �� � � ��� �'�� ����`� �"�- � �' �°� ��.r _ �
� �
&�s� �.° �3�^� � � ,,: �� �d y� ° �t 'S� 7 } � ,
t J�����` �� �����..� `���s €� "� �'f�� �5�8 '�� «.'� i �
�' � �`'v.."�. ;� s �� ..�, � y�. a�",..�� '�,�.�. ���^�..: fi°^ .a� a �S.�A.- .t 3 ' , Fp�
e.. r =. "dra,� e�'; ���..���� ��.r" � � �,� �,� � �� � '"�,�„� �� � ar '. � �'t�a t+�r��`,f.a:
� e s. �
� �
i���e��� 'a �;.�� r� ���'���P����R��'��`����� ��� ' � �� �z� �'�. � nc�'������� s� ���
�'2�'�, "Y � ,� "'�t � �. .,a,s-. � w. �,� a� [ y �.k�,� a �+n
� t,� �, fl a d�- . 's � i 1 ,� �'
l,.�.a .�° a gz,, � � . Y'"� ��^, �.j Z'
I �- �^ �,�_ �� �e��'� �� c��, � � � } _ ( h � �f `� -�, s
��� ��. ��. *'�� r' ��g�"'�y����d .''�c�-x.��'�`� �° � ' ,.F ��"���g` � ,
� � .�Y;�x, � �z"'��� � �a '�as� ��- �r� x �e` .. �,����z�i�e���:r.
� �s� ��..�. �. �,�* ��i�,. ��e�"`,�,�"'� c�.��i � v�� �+.�t�',�,8""#�it'�`t,'�`.�'$�,��.''.
� �
i �. a .�°��.� .:�:,c���� '�' � :� ,�k`s ��. €^tr.�g_ _ ,"re..-d'�e�a.4 ;a�1����.
�, t � � y,� g ��.:
,� � �4 a � a
� �"'� � � �, ��`� ������ � _ �w.
� � t'� ���"°� ���� � i��� ' ;
.z �a; � ' " �,��� I
' e �' ' �, ��a ,1
� �'� '. b _ ���, ���:���p e�°�. ,��
� P � y p �- � ��c-�`f'(.�.. ..
�E: s
3�� .�. Q y �. � `3 4� y
I a '"� �'��`�acF Y �¢��T�t ,�
I4� � .., � �'�,,��' :,� f .� �� �
'� : t"^�_ �„y r� � .
4 �.�� .g�a�e� ��,
i" r
`�' ,�& �S `"§. `'� t
�
I� � �Y *'` �,.,�.�z +�',
� ��- � BIG LEAF MAPLE
`�,�.
,�, .wa �� �� "� (Acer macrophyllum)
� �� �;�
� ,,� � � � � �
� � 5`
.. �5.� ��- � �
�, � �a, <
k, � �'+9 "` � �'^ �� r�.
;��..� Y y��aY� � �g� �
!
� r
yyr �' .r^
�r�• x� �� M� �� �� 4$�_. 'a���.:�.
. ��-. i 1� d��� .
�� � �� � '. � ;�'
'� i:,
�' �'�,� �� µ�° ��,�,,� '� � �„� �f;,� 1 �s; o •. f '":3'�r
.�'. . '�; ,.�� `�� x, ��,� � .w, `:� �
�
��«�'.�q{. � 'M �- ni'+ � i,'- � „ ,. � v. v �,�. P�'
#.�'d` "1 S��- S� , � h µ y� �; .k� �. h � �,�.
��:(y� ��. �
..{... � � � ��.•�'v
� � '9`� 5 .M,
y V 9k,
� �p
�w .. J
�, � � ��" �:
��� �' ��
� � ;�
.
,.� ., � � � Mlli� ��
I,. - ° ;� - , ��_
:
--�.,� �`
�
I
24 � Page
�..�a.*;�, �.�"
� ���, -^,� �� � � � d ��
r� " � It " � � � �� " j4-
�`}.' �`�` �� cM�+"�� ',. ��'�.� � �. ���t � 5� �f}i�FZ�a �������/F�.
a�, �t�
�. ''��' �a`,$ �/'� . d�, �., ��y.�.�0i *+ `a�,t
� �� s�� �: 3e�.� � �r4
� �� ' ' °�� �� � � ���F" °�"�t'X'y r
� ,v�'�fia �f � "„�a1, iM4 $ �q� .=4
i � '� � � '� N� ',1{�,'� .��'�jtS Y j
y� r +P
� +t�-, �"gk� �'. '4''. �,� ,� ` ' I I�` I��I~+ �t r �� ���'�<-�f�i�i a.�"��
�' �. � � f '�';' r
C A' .,,#. y}'� �-{F�'!��° � �{ I + 1 �� n�:x C.�R����
�y. s ��: 7A+ �a P� 's�{ � d�p^' l � ..�r��(.
> 3t � 4q $
se .,g, b}r
. ,o . *� �' �:� � . t� ..
�. )
� �. x�je '�k- �� '.... �"� �4�� 'ra���' "sv,..�� � '� '} "K" � '�iF'
� Rh.�
� � � � a ..t � � � w- �" - � � n:�� a� •*� i'�!�'
�`. � � �x���, � _ �'g� �' � � � �s �'t'��`^` a �
�.x� �,.� r t �, r '�, a�,' r,,.t;� �� '`.{����"��ia;r�a.
� '���5 �'.�_ .� � '.'. •! "�t��}'Y'"�'+` "�.�`.^.j`
�S . .4. g� � �"n t m. ��j s � ��`'1"'�d � ,
� � �",��:. �`� �� ��"�`��T.�� � �,z ����� �.;(4 idl� �r T''r,�y�` �
° ?
3, '.. �'# �` H d4y �T�r � . �"S3 .,
;� �"� M .r* 4
�#�� *t ��.. + � S'i,, .J �rl.����tl�xj��.�� � �,
� ;g,� F' � � �,p �+'� � �f&4�,y q�$���T��# , `C.
� �, xy�. , . ' �� � 4a�* ' .�I�i
� _
«�ro ; �
W..,.�e� .. ro : ' , � ��� � 1
_, � .s. �_� . _. 6 �. � �,� ,y,� ��
+�t�°` ;��a �,��',�'"
°'� '�,..�.�,
4
''�,, .y �a.\..
mg*�'� �...� � '%='>s±.
� ��� ��x" ��•,: ::1 � "�`,�� FV �
'�� � ,� _ ` ��� � <>, �� � � �
,�j#°� .� t�r " . ! � '�� � ,.{ � y
�? �� ��� ,��"`��� �'k ` � ^� � C17
� �. , _� ' � � � � z
�• ;' ��; t� �s
�� � ),�� A�
n CA
a � +I� �"' �o
�� � � � n
� � � ;= � �
�,��,,�,� �.,,,� � � � �
��.
� �.��.�, , �b. �`' . �
— �,
�
�
�
ro
Council Direction
: 1 �
Tree Removal Permit Process
EXISTING ORDINANCE ;
. ._
+
Non-specimen trees in'`;;
;�i/�►i/AIRHsJR2�t�ees
not on the spec�men<.
species Ij5t)1 i
Specimen trees in �'' '
RijA3.JA/RHS/R2 Zones=
Single Trvnk 210"DBH:
MU1t�Trunk 26A DBH.. :;._
Pri+racy Protettion TreesJ:
Deve(opment - ;�:
�Trees�/Hecita�e Trees�t :
: trees Piar�d as park uF�ap�l'�wed�evebpr�ient-{�Srtnrt la�dsCap�B P��t .��; � �� � ��.
�t'rees� �aMy�ea as�r+�rt a'f ar►��muved r�elopment��5erinf��rMscaain�pian{waa�uro� multi�amity,�,-�
ip�MNl�'L�y r -�u.�� {.i a ' t. .::e v r ^�,���.i� g ` :: a i ���:
�?,`,—'��, , t.e> � z. ��w. __� # �k f _,3� _ ,x..�
Council Direction
Single Farnily/Duplex Zones
■ Exempt trees under 12"in diameter �
■ Specimen trees between 12"#0 24"in diameter
i= Streamlined;arborist report,notification,recordation not required
■ Specimen trees over 24" in diameter
� Standard Permitting Process;no notification or recordation
required
• Flexibility in the tree replacement process(in-lieu fee option)
■ Incentivize planting of replacement trees(cost of in-lieu fees)
■ Other miscellaneous amendments(readability/clarification)
: 1 •
Maximunl Tree Removal Cap .
(R1/A1/A/RHS/R2 Zoncs):
Specimen Trees between 12" to 24" DBH:
Up to 6 specimen trees or 5°!0 of the total specimen trees on t11e
property,whicliever is more,within a 36 month period.
• No arborist report required for removal of tree(s).
Adciitioi�aI Tree Removal Requests:
Remove more than 6 specimen trees or 5%of the total Specimen trees
on the property,within a 36 month period may be considered and
allowed with justification througlt tlte standard(over 24"DBH
Specimen tree)re�noval process
• Arborist report¬ific�tion. .
Specimen Tree List
1'> ��
�.
�� � �y
� °i r -'
.�
■ . Remove �•�'' � �� ' *+ .
��,�.,�n .I
Bay Laurel/California Bay,(Umbe11ulariaCalifomica) �r� : "'':;' , Y;
�_,
J � .� '
:� � �
� �i
� ,��' � ��,� �:!
k'�'r
.�rvr,- ]..�
�W t..4 ,
�� s F¢�}' .
� A�� � .- �' �,r���'� Rr
'p''.t t .,,�.y� ` +
Loi�don Plane,(Platanus Acerifolia) ��� � �. � ,,,,�, �{e�"�
���. 5 J'~ �:FZ�:.
. � :P_.�'xk:1��'e' .+;::�„
"�•• ...='w"
�I�se.,_" ���:
� t..- R� �— 's
s rs..q.�.?. �.�•3 • „a=:
!-.�:.'� „-«.�.,,.:.-,_.,..�r.-„a+:i� .
�.�.r.,.._� -. -.
�.�....L,... �� . .:.-.�
: 1 �
Environ.mental Review
Initiai Study an�i Negative Declaratio�l
Circulated Oct.16'�'through November 4��'
EllVll"011TT12I1tc'1I R2VIeVV C01711711SS10I1 — OctoUer 23,201�;
Recommended the City Council adopt the IniHal Study and Negative
Declaration
Revised Ordinance Text
■ Clarify language regarding the maximum
tree removai cap, noticing process, and tree
replacement guidelines
■ Clarify language on retroactive removal
requirements (reverting back to current
language)
■ Simplify ordinance text for readability and
consisteilcy