Ordinance No. 1715
ORDINANCE NO, 1715
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 14.18 OF THE CUPERTINO MUNICIPAL CODE
REGARDING TREE REMOVAL PROCEDURE AND CHAPTER 19.48 OF THE
CUPERTINO MUNICIPAL CODE REGARDING PROCEDURE FOR MODIFICATION
OF A DEFINITIVE DEVELOPMENT PLAN IN A PLANNED DEVELOPMENT ZONE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN
that the following sections of the Cupertino Municipal Code shall be amended to read as
follows:
Section 14.18.020 Definitions.
1. "Specimen tree" means anyone of the following:
I. A tree which has a trunk with a circumference of thirty-one inches, is approximately ten or
more inches in diameter, measured at three feet above natural grade slope;
2. A tree required to be protected as a part of a zoning, tentative map or use permit action.
J. "Tree removal" means the destruction of twenty-five percent or more (in a twelve month
period) of any heritage or specimen tree by cutting, retarding, girdling, or applying chemicals.
Section 14.18.030 Retention Promoted.
Heritage and specimen trees are considered an asset to the community and the pride of
ownership and retention of these species shall be promoted. The Director of Community
Development shall conduct an annual review of the status of heritage trees and report the
findings to the Planning Commission.
Section 14.18.040 Designation.
The Planning Commission, may, by resolution, designate a tree or grove of trees as a heritage
tree(s). Prior to adoption....
Section 14.18.140 Exemptions.
D. Removal of any tree in a developed residential single family, residential duplex,
agricultural residential, and residential hillside zoning district, except heritage or specimen
oak trees.
2
Section 14.18.170 Review of application.
A request for removal of any heritage or specimen tree protected by a condition of approval
associated with a zoning, tentative map, use permit, variance and architectural and site
approval application may be approved by the Director of Community Development if deemed
unsafe or diseased. The Director of Community Development may also require the applicant,
at his own expense, to furnish a report from a staff-approved arborist, certified by the
International Society of Arboriculture. If removal is requested for any other reason, the
application shall be referred to the Planning Commission....
Section 19.48.110 B. Modifications of the Definitive Development Plan.
Other Modifications. If the Director of Community Development determines that a proposed
modification to a definitive development is not minor, then the applicant must seek an
amendment to the underlying conditional permit by the Planning Commission, except that in
the event that the modification is for new development of five thousand square feet or more of
commercial or ten thousand square feet or more for industrial and/or office use, or eight or
greater residential units, the conditional use permit may only be issued by the City Council
upon hearing and recommendation of the Planning Commission.
This ordinance shall take effect and be in force thirty (30) days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this
16th day of January, 1996 and ENACTED at a regular meeting of the City Council of the
City of Cupertino this 5th day of February , 1996, by the following vote:
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AYES:
NOES:
ABSENT:
ABSTAIN:
Bautista, Chang, Dean, Sorensen, Burnett
None
None
None
ATTE~~
City cíerk
APP~1E~ '(1¡f!J. .
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Mayòf, City of Cupertino