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ERC 10-23-2014Community Development Department Cupertino, CA 95014 (408) 777-3308 APPROVED MINUTES OF THE SPECIAL MEETING OF THE ENVIRONMENTAL REVIEW COMMITTEE HELD ON OCTOBER 23, 2014 Committee Members:, Roger Lee Gary Chao Paul Brophy Committee Members absent: David Brandt Aarti Shrivastava Timm Borden Barry Chang Staff present: Tiffany Brown APPROVAL OF MINUTES: October 2, 2014 The minutes of October 2, 2014 were amended and approved October 16, 2014 The minutes of October 16, 2014 were approved ORAL COMMUNICATIONS (Reserved for persons wishing to address the Committee on issues that are not already included in the regular Order of Business) NEW ITEMS: Application No. (s) MCA -2013-01 (EA -2013-02) Applicant: City of Cupertino Location: citywide Municipal Code Amendment to Chapter 14.18, Protected Trees ❑ Discussion Based upon recommendations from the City Council, Planning Commission and general public study sessions, the following changes have been proposed to the Municipal Code: o Introduction definitions of mature and non -mature species, providing exemptions for trees less than 12" in diameter (75" circumference) at DBH o Removal of the California Bay and addition of the London Plane tree to the Protected Tree list o Streamline the permit process for protected trees between12" and 24" in diameter at DBH in the Single Family Residential and Duplex Zones (R1, Al, A, RHS and R2) • Introduce a cap to the amount of trees that can be removed per the streamlined process year for the Single Family and Duplex Zones - Specimen trees could be removed without justification from an arborist for trees between 12"and 24" and without noticing for up to 6 trees or 5% on the property within a 36 month period o Covenant Recordation requirements no longer apply to Specimen trees in the Rl, Al, A, RHS and R2 Zones o Introduce an optional in -lieu fee for when replanting replacement trees on site may not be preferred - While on-site replanting will no longer be required, a replacement tree will still need to be replanted somewhere within the City with use for in -lieu fees, maintaining a 1-1 ratio in the R1, Al, A, RHS and R2 Zones o In the past 6 years, 4 protected trees between 10" and 12" have been removed, however, in 12 other instances, the size of the tree was not noted. 1 California Bay was removed, the size of the tree was not noted. o The Initial Study indicates that the proposed changes to the Tree Ordinance would have no impacts or less than significant impacts to the standard environmental categories ACTION: Recommendation for approval of a Negative Declaration for EA -2013-02 MOTION: Roger Lee SECOND: Gary Chao NOES: none VOTE: 3-0-0 OLD BUSINESS None Respectfully submitted, P'Aa Beth Ebben Administrative Clerk