Cupertino leaves residents with options in new tree ordinance

After two years of study, the city of Cupertino has updated city policy for dealing with protected trees.

On Nov. 18 the city council unanimously approved an update to its city tree ordinance that will affect how residents and applicants will need to work with city hall to remove certain protected trees.

Before the update, the ordinance required all removed specimen trees to be replaced with a tree based on the value and size of the removed trees. All specimen trees that are less than 12 inches in diameter are exempted from the process.

The resident or applicant has the option of paying an in-lieu fee only in cases where the physical planting of replacement trees was deemed to be infeasible by a professional arborist, according to the Nov. 18 city staff report.

The ordinance has been updated to allow the applicant and property owner the option of planting the replacement tree or paying an in-lieu fee at 1.5 times the cost of planting the replacement tree.

Tree-removal permits are needed for specimen trees between 13 inches and 24 inches in diameter in most zoning districts. In all zoning districts, where the planting of an on-site replacement tree is physically infeasible, the required in-lieu fee shall be equivalent to the cost of labor materials.

Protected specimen trees include: the California Buckeye, Big Leaf Maple, Deodar Cedar, Blue Atlas Cedar, Western Sycamore, and Bay Laurel.

There will be a second reading of the ordinance at the next city council meeting, likely on Dec. 2. During the second reading, the council and staff will give additional consideration for the listing of the Bay Laurel on the specimen tree list. The council could consider keeping the tree on the list, removing it, replacing it with the London Plane tree, or replacing it with another species entirely, according to the director of community development's report to the planning commission.

The Bay Laurel could be eliminated from the list because it is known to carry Anthracnose Fungus, a disease that can kill nearby oak trees. The city arborist is recommending that the that London Plane be added to the specimen list, because it is similar to Western Sycamore in physical form and water usage properties, according to city staff.

Since 2012, the city and the five-member council have been working routinely on tinkering with how the city and residents interact with public and protected trees. In March 2013, the council amended the city's tree ordinance to clarify references to public street trees and to modify penalties from a misdemeanor to infraction for cutting a public tree.

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Cupertino leaves residents with options in new tree ordinance