CC Ordinance 2169ORDINANCE NO. zi6a
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL APPROVING A TEXT AMENDMENT
(PLN2010-197) TO AMEND THE CAMPBELL MUNICIPAL
CODE CHAPTER 21.32 (TREE PROTECTION
REGULATIONS), CHAPTER 21.38 (APPLICATION FILING,
PROCESSING, AND FEES), CHAPTER 21.71
(ADMINISTRATIVE DECISION PROCESS), AND CHAPTER
21.62 (APPEALS) TO ENACT A COMPREHENSIVE UPDATE
TO THE CAMPBELL TREE PROTECTION ORDINANCE.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council of the City of
Campbell does ordain as follows:
SECTION ONE: The City Council finds and determines that the adoption of the
proposed Text Amendment is exempt from CEQA under Section 15307 in that it
consists of actions that assure the maintenance, restoration, or enhancement of a
natural resource where the regulatory process involves procedures for protection of the
environment.
SECTION TWO: Chapter 21.32 of the Campbell Municipal Code is hereby amended as
set forth in Exhibit A attached. Additions are indicated by underlined tvpe and deletions
are indicated by °*r~~° +"r^•~^" *•~^° Portions of Chapter 21.32 not cited or shown in
underlined or strike through type are not changed.
SECTION THREE: Chapter 21.38 of the Campbell Municipal Code is hereby amended
as set forth in Exhibit B attached. Additions are indicated by underlined tvpe and
deletions are indicated by ~+.;~° +"r° ^" +..^° Portions of Chapter 21.38 not cited or
shown in underlined or strike through type are not changed.
SECTION FOUR: Chapter 21.71 of the Campbell Municipal Code is hereby amended
as set forth in Exhibit C attached. Additions are indicated by underlined type and
deletions are indicated by ~+.;~° +"r^ ^" +•,^°. Portions of Chapter 21.71 not cited or
shown in underlined or strike through type are not changed.
SECTION FOUR: Chapter 21.62 of the Campbell Municipal Code is hereby amended
as set forth in Exhibit D attached. Additions are indicated by underlined tvoe and
deletions are indicated by °*r:4° +"r^ ^" +•,^° Portions of Chapter 21.62 not cited or
shown in underlined or strike through type are not changed.
SECTION FIVE: This Ordinance shall become effective thirty (30) days following its
passage and adoption and shall be published, one time within fifteen (15) days upon
passage and adoption in the Campbell Express, a newspaper of general circulation in
the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this art, day of June , 2013, by the following roll
call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Kotowski,
None
None
None
Cristina, Baker, Waterman, Low
APPROVED:
ATTEST:
ne Bybee, City Clerk
Exhibit A
Chapter 21.32
TREE PROTECTION REGULATIONS
Sections:
21.32.010 Purpose.
21.32.020 Definitions.
21.32.030 Applicability.
21.32.040 Actions prohibited.
21.32.050 Protected trees.
21.32.060 Exemptions.
21.32.065 Removal of dead or d~¢ trees.
21.32.070 Tree removal permit/application requirements.
21.32.080 Determination on permit.
21.32.090 Approval authority and permit process.
21.32.100 Replacement trees.
21.32.110 Site limitations/in-lieu fee for replacement.
21.32.120 Delegation of functions.
21.32.130 Heritage tree designations.
21.32.140 Appeals.
21.32.150 Pruning and maintenance. T_°°'°~'~~~°°' --~°~~~~'
21.32.155 Arborist renorts.
21.32.160 Violations/penalties.
21.32.170 No liability upon city.
1
21.32.010 Purpose.
In enacting this chapter, the city recognizes the substantial aesthetic, environmental and
economic importance of its tree population. The purpose of this chapter is to establish
policies, regulations, and standards to protect and manage trees on private property to
ensure that development is compatible with and enhances Campbell's small town quality
and character.
21.32.020 Definitions.
The following words and phrases when used in this chapter shall have the meaning set
forth herein, except where the context clearly indicates a different meaning:
"Approval authority" means the person or body officially responsible for rendering
decisions on requests to remove trees protected by this chapter.
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"Arborist report" means a professional report prepared by a certified arborist that
includes photographic documentation of each tree proposed to be removed and indicates
the location(s), variety or species, size(s) and condition of all such tree(s~ An arborist
report also includes a visual examination of damage associated with the tree(s) and
provides potential measures that may be taken to preserve the tree(s) or prevent further
damage. The report shall conclude with a recommendation as to whether in the
professional judgment of the arborist, the tree(s) should be removed or preserved
"Certified arborist" means a person having expertise in the care and maintenance of trees
who is certified by the International Societv of Arboriculture (ISA) or the American
Societv of Consultine Arborists (ASCAI.
"Dead tree" means a tree that is no loneer alive
"Dying tree" means a tree that is in such an advanced state of decline due to damage or
disease-where an insufficient amount of live tissue green leaves limbs or branches
exists to sustain life that death is unavoidable.
"Developed single-family residential property" means any legal lot of record with a
minimum net lot area ~e~~a-b~~ei~-cf six thousand square feet that is developed with a
main dwelling unit and zoned either "single-family" (R-1), or "planned development"
(PD), and cannot be further subdivided into additional lots under its current zoning
designation.
"Development application" means an application for land alteration or development,
including, but not limited to, site and architectural review, variance, use permit, rezoning,
planned development permit and subdivisions of property.
"Dripline" means the outermost line of the tree's canopy projected straight down to the
ground surface. In plan view, the dripline generally appears as an irregularly shaped
circle.
"Emergency" means a sudden, or generally unexpected occurrence that decisively
determines that immediate action is warranted.
"Fruit tree" means any tree that has the characteristic of bearing edible fruit, common to
commercial production varieties including, but not limited to, stone fruits (e.g., prunes,
peaches, etc.), citrus (e.g., lemons, oranges), nut varieties (e.g., almonds, English walnut
(except for California Black Walnutj), peppers (g. Schinus), and olives (g. Oleaceae). A
"fruit tree" shall not mean any tree that bears a fruit or nut produced primarily as seed,
(e.g., oaks, pines, etc.).
"Heritage tree" means any tree so designated by the historic preservation Board based on
the finding that the tree has character, significant age and girth, interest or value as part of
the development of, and/or exemplification of the cultural, educational, economic,
agricultural, social, indigenous or historical heritage of the city and identified on the
historic resources inventory.
"Landscaping plan" means a plot plan illustrating the location of ground cover shrubs
trees, hardsca~g, and irrigation in relation to a site's property lines and on-site
structures.
"Main structure" means a primary structure allowed under the zoning district in
which a property is located to provide reasonable economic use of a property. For
developed single-family properties, this specifically includes dwelling units in-ground
swimmingpools, detached garages and other accessory structures over 200 square feet
"Net lot area" means the total area within the lot lines of a lot, excluding any street right-
of-way or common areas owned collectively by a group of property owners in a planned
development.
"Protected tree" means any class of tree specified in Section 2132.050, (Protected trees)
"Pruning" means the standard practice of maintenance consisting of trimming or cutting
away any limbs or branches of a tree to control growth and enhance performance or
function by developing and preserving tree structure and health_ :n °°m~~
r~'
"R-1"means any developed single-family residential property.
"Remove", "removal", and "tree removal" means th° c°-~~'°*° -°--~°~•~' °+' ° ~-°° ~° ~~
cutti ng tc *'~° rt ~a °-''° °°*~°~''°~` '~ ' taking action that directly leads to
or foreseeably leads to the death of a tree or permanent damage to its health (e.g., cutting,
girdling, poisoning, over-watering, unauthorized relocation or transportation of a tree or
trenching, excavating, or altering the grade or paving within the dripline of a tree).
"Severe trimming" means cutting back large diameter branches or the main trunk of a
mature tree to stubs,~~ewrrincluding as-topping e~and severe root pruning which
either destroys the existing symmetrical appearance or natural shape of the tree and/or
compromises the long-term health or survival of a tree.
"Significant damage" means structural damas;e to a building foundation, floor framin>?,
roof framing, or exterior walls, or to the wall of a swimming pool.
"Tree" means alive-woody perennial plant characterized by having a main stem or trunk
or amulti-stemmed trunk system with a more or less definitely formed crown, and is
usually over ten feet high at maturity.
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"Tree removal permit" means a permit to remove aprotected tree as required by this
chapter.
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"Unprotected tree" means any class of tree not specified as a "protected tree".~n
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21.32.030 Applicability.
This article shall apply to every owner of private property within the city, and to every
person responsible for undertaking the removal of a tree on private property, unless
exempted herein.
21.32.040 Actions prohibited.
The following is deemed unlawful under this article:
A'* ~'* ~^ ~~1rtTo remove, °° a°~~°a "°«°~~, any protected tree specified in Section
21.32.050, °~Protected trees" from private property without a«n.~~anproval
of a tree removal permit.
B. To severely trim anv protected tree specified in Section 21.32.050, (Protected trees)
on pnvate propert
21.32.050 Protected trees.
4
Except as otherwise provided in Section 21.32.060, j-'Exemptions- the following trees
are classified as protected trees and shall not be removed from private property without
~«^'`°=~' ;g approval of a tree removal permit:
A. The following trees areprotected on all properties in all zoning districts:
~1. Heritage trees designated in compliance with Section 21.32.130. (Heritage
tree designations); and ~~ ^" ~~~~~~- a:n.«~n•°;
13-2. Any tree shown on an approved landscaping plan or required to be planted
or retained as a condition of approval of a development application, spa building
permit, or a tree removal~ermit ~^ ^" ' •- a:^'«~^' ;
B. For trees on all commercial, industrial, multi-family residential. mixed-use. and
undeveloped single-family residential properties in all zoning districts any tree or
multi-trunk tree with at least one trunk measuring 12 inches or greater in diameter
(thirty-eight inches or greater in circumference), measured four feet above the
adjacent grade
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~C. For developed single-family residential properties, trees or multi-trunk trees with
at least one trunk measuring twelve inches or greater in diameter (thirty-eight inches
or greater in circumference) of the following species:
1_Oak (Quercus);;
2_Redwood (Sequoia)„
3_Cedar (Cedrus),;
4_Ash (Fraxinus).
21.32.060 Exemptions.
The following tree types and conditions are exempt from this chapter and may be
removed without approval of a tree removal permit:
A. Emergencies. Trees that pose an immediate threat to persons or property during an
emergency or are determined to constitute an emergency, upon order of the
community development director, or any member of the police or fire services
agency. The community development director shall be notified of such emergency
before removal, and a tree removal permit shall be filed within ten calendar days of
the emergency removal.
B. Public nuisance. Any tree in a condition to constitute a public nuisance, as defined in
Section 6.10.020 of the Campbell Municipal Code when the declaration of a public
nuisance has been made by the building official, the community development director
or the fire chief.
C. Public utilities. Trees that undermine or impact the safe operation of public utilities
that are subject to the jurisdiction of the public utilities commission of the state of
California.
D. Fruit trees. Fruit tree(s) ^a~~in any zoning district.
E. Eucalyptus trees. All trees of the genus Myrtaceae.
F. Dead or dvine trees. Anv protected tree determined by the community development
director to be dead or dving in compliance with Section 21 32 065 (Removal of dead
or dving treed.
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21.32.065 Removal of dead or dvine trees.
A protected tree determined to be dead or dving may be removed without a tree removal
permit subject to the following procedure
A. Form of determination. The community development director shall determine
whether or not the tree is dead or dvine as a zoning clearance in compliance with
Chapter 21.40, (Zoning Clearancesl.
B. General Criteria. A request for a determination of a dead or dvine tree shall be made
to the community development department and be accompanied by the following,
information, unless waived by the community development director in writing
1. Photograph(s) of the tree•
2. Sienature of the property owner and homeowners association (when applicablel•
3. Other information deemed necessary by the community development director to
evaluate the condition of the tree•
4. Payment of any required permit fee
C. Arborist Report. When the condition or viability of the tree is not readily evident, the
community development director may require preparation of an aborist report in
compliance with Section 21.32.155, (Arborist reports).
D. Replacement required. In the event a protected tree shown on an approved
landscaping plan or required to be planted or retained as a condition of approval of a
development application, building permit. or tree removal permit is determined to be
wing, the tree shall be subiect to replacement in kind.
E. Heritage tree. In the event a heritage tree is determined to be dead or dying by the
community development director, the community development director shall provide
written notice of the determination to the historic preservation board.
21.32.070 Tree removal permit/application requirements.
A. Application information. Applications for a tree removal permit shall be available
from and filed with the community development department and shall contain the
following information, unless waived by the community development director:
1. A written explanation of why the tree(s) should be removed;
2. Photograph(s) of the tree(s);
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4.3. Signature of the property owner and homeowners association (when
applicable) ;
~-4. Replanting plan, as required b~fSee Section 21.32.100. (Replacement
trees);
(3,5. Other information deemed necessary by the community development
director to evaluate the tree removal request;
~6. Permit fee, where applicable.
B. Arborist Report. When the condition or viability of the tree or its impact to property is
not readily evident, the community development director may require preparation of
an arborist report in compliance with Section 21.32.155, (Arborist reports).
;~C. Additional application requirement for all properties except developed single
family residential properties-R--1-. Applications for a tree removal permit on all
properties except developed single-family residential properties shall include a tree
survey plan indicating the number, location(s), variety or species, and size(s)
(measured four feet above grade) of tree(s) to be removed.
21.32.080 Determination on permit.
A. General criteria. The approval authority shall approve a tree removal permit only after
making at least one of the following findings:
1. Diseased or danger of falling. The tree or trees are diseased or presents
a danger of falling that cannot be controlled or remedied through reasonable
preservation and/or preventative procedures and practices such that the public
health or safety requires its removal.
2. °D~Structure Damage. The tree or trees ^°~ ~~j-have caused or may
imminently cause -strbsta+Hiafsi~nificant damage to the existing main structure(s)
v ~''~ ••'~'~~~ ~° °~a that cannot be controlled or remedied through reasonable
relesatiene~modification of the °'~••°`••~° °~ •••~'^• °° °°°tree's root or branch
structure.
3. Utility Interference. The tree or trees have interfered with utility services where
such interference cannot be controlled or remedied through reasonable
modification relocation of the utility services and/or reasonable modification of
the tree's root or branch structure.
4. Overplanting. The tree(s) is crowding other protected tree(s) to the extent that
removal is necessary to ensure the long-term viability of adjacent tree(s).
~S.Economic enjoyment and hardship. The retention of the tree(s) restricts the
economic enjoyment of the property or creates an unusual hardship for the
property owner by severely limiting the use of the property in a manner not
typically experienced by owners of similarly zoned and situated properties, and
the applicant has demonstrated to the satisfaction of the approval authority that
there are no reasonable alternatives to preserve'the tree(s). A minor reduction of
the potential number of residential units or building size due to the tree location
does not represent a severe limit of the economic enjoyment of the property.
B. Additional recommendations. The °~~~°~ °'~°~•"~~-' ficommunity development
director may refer the application to another department or commission for a report
and recommendation.
C. Inspections and permit availability. City staff shall have the authority to conduct on-
site inspections of all trees proposed for removal. If a tree removal permit is
approved, the permit shall be on-site at all times prior to and during the removal of a
tree and/or shall be made available to any city official at the site, upon request.
D. Action. Based on the criteria outlined in this section, the approval authority shall
either; approve, conditionally approve or deny the application. Conditions of approval
may include any of the following:
1. Revisions to development plans to accommodate existing trees; or
2. Replacement trees of a species and size planted at locations designated by the
approval authority in compliance with Section 21.32.100, (Replacement trees); or
3. Payment of an in-lieu fee in compliance with Section 21.32.110, (Site
limitations/in-lieu fee for replacement); or
4. A combination of replacement trees and in-lieu fees that in total provide for the
number of replacement trees required by this chapter.
21.32.090 Approval authority and permit process.
A. The following_provisions shall apply to requests for removal of protected tree(s)
located on a developed single-family residential propertv filed independent of a
development application:Trr _ -_____ . cl - ~..n~*n ,?!ed indcwn~de~' nF an-
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1. Approval authority. The community development director is the approval authority
for tree removal requests, except for heritagetrees-, fired indcw°~-a
ao„oln .,. ., wl: n.~
2. nluDecision. Upon acceptance of a complete application in compliance
with Chapter 21.38, (Application Filing Processing and Fees) the community
development director shall render a decision on the tree removal reauest.
3. Notice of decision. Upon rendering of a decision on the tree removal reauest the
community development director shall provide written notification of the decision
to the applicant. The notification shall include findings for the decision the ending_
date of the appeal period and in the case of approval shall include all conditions
and time limits imposed by the community development director. ''-~ti~-m.R
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On the day of the decision the community development director shall also mail a
notice of decision to owners of record of properties abutting or directly across a
public right(s)-of-way from the subiect property at the address set forth on the
most currently available assessment roll. The notice shall provide a brief
description of the tree removal reauest the location of the subject propertv the
decision rendered, the appeal process and the ending date of the appeal period
4. Appeals. A decision of the community development director may be appealed in
compliance with Chapter 21.62, (Appeals).
B. The following provisions shall apply to requests for removal of protected tree(s)
located on all properties except for developed single-family residential properties
filed independent of a development application
1 Approval authority The community development director is the approval authority
for tree removal requests, except for heritage trees.
2. Notice and decision. The notice and decision for a tree removal request shall be
subject to the administrative decision process as prescribed in Chapter 21.72
(Administrative Decision Processl.
3. Appeals. A decision of the community development director may be appealed in
compliance with Chapter 21.62, (Appealsl.
IBC. Tree removal requests filed with a development application.
1. Approval authority. The approval authority for tree removal requests filed in
conjunction with a development application shall be the same approval authority
as established for the accompanying development application.
2. Concurrent filing. All tree removal requests associated with a development
application shall be filed concurrently with the development application and shall
be subject to any required public hearing for the development application subject
to the provisions of Chapter 21.64, (Public Hearing).
ED. Heritage tree removal requests. Notwithstanding any other provision of this
s°~ Chapter, the following provisions shall apply to requests for removal of
heritage trees:
1. Requests filed independent of development applications. The historic preservation
Board is the approval authority for tree removal requests for heritage trees filed
independent of a development application.
2. Requests filed in conjunction with a development application. The approval
authority for heritage tree removal requests filed in conjunction with a
development application shall be the same approval authority as established for
the accompanying development application. Prior to the hearing before the
approval authority, requests to remove heritage trees filed in conjunction with a
development application shall be referred to the historic preservation Board that
shall make a recommendation to the approval authority.
Public heazing. A public hearing by the approval authority is required for all
heritage tree removal requests in compliance with the provisions of Chapter
21.64, (Public Hearing).
~E. Final decision timing of tree removal. No tree for which a tree removal permit is
required shall be removed until all conditions of the permit have been satisfied and
the decision has become final In addition, tree or trees approved for removal in
conjunction with a development application shall not be removed prior to the issuance
of building permit or unless all of the conditions of approval of the development
application are satisfied.
10
Table 3-4 TREE TYPE AND PERMIT PROCESS SUMMARY
TYPE OF TREE PROTECTED SIZE TREE PERMIP APPEAL
REMOVAL TREE TYPES PROTECTEDt AUTHORITY PROCESSZ
REQUEST FOR REMOVAL
Tree removal requests
on all properties Any tree except
(except R-13) not in fruit trews and
conjunction with a trees of the
development genus Myrtaceae° Planning
a lication. 12-inch diameter
ni
C Commission
ommu
ty
Trees of the (38-inch
Development Director and
Tree removal requests species: circumference) City Council
on R-13 not in Oaks (Quercus)
conjunction with a Cedars (Cedars)
development Ash (Fraxinus)
application Redwoods
(Se uoia)
Tree removal requests Any tree except
5 12-inch diameter Community
Development Director
on all ro erties in
p p fruit trees
and (38-inch Planning
conjunction with a trees of the ~ circumference) planning Commission Commission
development genus Myrtaceae and/or
application City Council
City Council
Heritage tree removal
requests in all zoning
Any Heritage tree Planning
districts (no[ in
None specified Historic Preservation Commission
conjunction with a Board and
development City Council
a lication)°
Heritage tree removal
requests in all zoning Any Heritage tree Planning Commission Citv Council
districts (in conjunction None specified or P-fanning
with a development City Council 6etn+~rissien
a lication)"
Trees required as a Any tree required
Community Planning
Commission
Condition of a to be retained or None required. Development Director and
Development Approval planted City Council
Notes:
' Minimum size and Beater -measured four feet above Bade adjacent to the trunk.
s Appeals shall be filed in writing to the City Clerk within 10 calendar days from the decision on the
permit.
s Developed single family residential property zoned R-1 or Planned Development.
"Tree removal reauest filed in coniunction with a develonment annlication shall be reviewed concurrentl
with the development application in compliance with section 21.32.090.C. (Tree removal request filed with
a development application).
b
11
s Fruit trees; as defined in Glaa}~te~Section 21.32.020. (Defini[ionsl ~!.'~ ~°^.".?~:!:~^~°- ^~ ^«- ~; « ~
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e Any variety of eucalyptus (eeous Mvrtaceael tree.
21.32.100 Replacement trees.
A. Number and size of replacement trees. The minimum number and size of replacement
tree{s~ shall be based on the number, size, and species of treejsZ requested to be
removed. The species of replacement tree(s) shall continue the diversity of trees
found in the community.
The minimum guidelines for tree replacement are as follows:
Table 3-5 Replacement Tree Requirements
Trunk Size of Removed Tree
measured at 4 feet above rade Replacement Ratio Required
er tree removed
Diameter
in inches Circumference
in inches Number of
re lacement trees Minimum Size
12 to 24 38 to 75 1 24 inch box
greater than 24 greater than 75 1 36 inch box
Heritage Trees 1 48 inch box
B. Replanting plan. A replanting plan shall be made a requirement of the tree removal
permit, and is subject to approval by the approval authority prior to issuance of the
tree removal permit unless an in-lieu fee in compliance with Section 21.32.110, (Site
limitations/in-lieu fee for replacement) is approved by the approval authority. The
replanting plan shall be subject to the following:
1. The replanting plan shall include a site plan of the subject property with the
location and species of the proposed replacement trees.
2. All replacement trees required by the approved replanting plan shall be obtained
and planted at the expense of the applicant.
3. If the tree removal request was filed in conjunction with a development
application, in compliance with Section 21.32.090, (Approval authority and permit
rocess ~F~, all replacement trees shall be installed prior to the
issuance of a certificate of occupancy for the development.
4. If the tree removal request was not filed in conjunction with a development
application all replacement trees shall be installed within thirty days from the date
the tree removal permit is issued unless accepted arboricultural practices dictate a
12
preferential planting period for the species chosen as the replacement tree. The
community development director ma~quire a cash deposit to secure the planting
of a replacement tree(s).
5. City staff shall be allowed to enter the property to verify the installation of the
replacement trees.
6. The community development director shall have the authority to approve an
increase in the number of the on-site replacement trees and reduce the required
size of the trees for developed single-family residential properties, when
appropriate.
C. Maintenance bond. The approval authority may require a faithful performance bond,
maintenance bond or other security deposit when tree replacement is required by this
chapter. The bond shall be in an amount of money and for a period of time
determined by the community development director to ensure acquisition and proper
planting and maintenance of the replacement trees. The bond shall be paid to the city
prior to the issuance of the tree removal permit.
21.32.110 Site limitations/in-lieu fee for replacement.
A: Site limitations. If the site layout cannot reasonably accommodate the number of trees
required in compliance with the replacement ratios and/or tree spacing consistent with
standard forestry practices, the approval authority shall either:
1. Approve an increase in the size of the on-site replacement trees and reduce the
number of trees required. The quantity and quality of the replacement trees shall
be sufficient to produce a reasonable tree canopy for the size of the lot; or
2. Require payment of an in-lieu fee in compliance with subsection B of this section
for the required number of trees or any portion thereof.
B. In-lieu fee. Payment of a fee shall be made to the city for tree planting elsewhere in
the community should on-site location of the replacement trees not be possible,
subject to the following:
1. The in-lieu fee will be based on the fair market value of the number of trees
required by Section 21.32.100. (Replacement trees) ^F~,"rti~-c :apt~~ for the same or
equivalent species, delivered and installed, as determined by the public works
director.
2. The fees will be used to purchase trees that will be planted within the public right-
of-way or on other public property as directed by the public works department.
3. Payment of the in-lieu fee shall be made prior to issuance of the tree removal
permit.
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21.32.120 Delegation of functions.
The community development director may delegate any or all of the administrative duties
authorized by this article to one or more staff members.
21.32.130 Heritage tree designations.
A. Applications. Applications for designation of a heritage tree on private or public
property may be initiated by any person subject to the property owners' written
consent. The applicant requesting heritage tree designation shall submit an
application in compliance with instructions provided by the community
development director and shall include the following:
1. Assessor's parcel number of the site;
2. Description detailing the proposed heritage tree's special aesthetic, cultural, or
historic value of community interest;
3. Photographs of the tree(s).
B. Historic preservation Board review. The historic preservation Board shall conduct a
review of the proposed heritage tree, based upon the information or documentation
as it may require from the applicant, a commission, staff or from other available
sources. A tree may be designated as a heritage tree upon a finding that it is unique
and important to the community due to any of the following factors:
1. It is an outstanding specimen of a desirable species;
2. It is one of significant age and/or girth in Campbell;
3. It has cultural, educational, economic, agricultural, social, indigenous, or historical
heritage of the city.
C. Historic preservation Board hearing. The historic preservation Board shall hold a
public hearing on any proposed designation within thirty days after the application
is deemed complete and shall render a decision to approve, deny, or continue the
hearing for more information.
D. Recordation of heritage tree designation. If the heritage tree designation is
approved, the city shall record the designation with the county recorder's office and
a copy shall be provided to the property owner and the community development
department. A listing of designated heritage trees and their locations shall be listed
on the historic resources inventory and maintained by the community development
department.
E. Posting and notice. Hearings for heritage tree designation shall be subject to public
hearing notice procedures specified in Chapter 21.64, (Public Hearings). In
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addition, the community development department shall post the site or tree under
consideration ten calendar days prior to the hearing date with a sign setting forth the
nature of the application and the date, time and place of the hearing.
21.32.140 Appeals.
A. Appeals. Any person aggrieved by a decision of the approval authority as specified in
this chapter may appeal a decision in compliance with Chapter 21.62, (Appeals).
B. Decisions on appeals. No decision made in compliance with this chapter shall be final
until all appeal rights have expired. All applicable hearings shall be public hearings
subject to Chapter 21.64, (Public Hearings).
21.32.150 Pruning and maintenance."''-°°'°°''°~°°' -°°°~~°'.
Tl. •. .] i.l «a.« 11 ~~T« AAn« ~ 11
-rae-sen~evelepn e==t nep~==.=ent «-epaie-a~ee es ~ --
rl,• r, nkr„nk~«« n«.~/...-.~...«.. ~. k...« nkn«'.~nnr~n freo « nhon4~«« n«r)
«~e n4n«r)nvr)n\ ' '
A. Adoption. The City of Campbell adopts the current version of the `'American
National Standards Institute (ANSI) A300 Part L Tree, Shrub, and Other Woody
Plant Management -Standard Practices (Pruning)", for the regulation of pruning and
maintenance of protected trees. The Citv of Campbell recognizes the use of the
current version of "Best Management Practices-Tree Pruning'=prepared by the
International Society of Arboriculture (ISA), as an explanatoryguide for applying the
ANSI A300 standards in daily tree care practice.
B. Requirement. Pruning of a protected tree shall be performed in compliance with the
adopted standards for pruning and maintenance ofprotected trees specified by
subsection (A), above.
C. Violation. Pruning of a protected tree not performed in compliance with subsection
(A), above, as determined by the community development director, shall constitute
severe trimming, and is a violation of this Chapter, subject to applicable penalties
,pursuant to Section 21.70.040, (Penalties).
21.32.155 Arborist reports.
Preparation of an arborist report required under this Chapter shall be subject to the
following:
A. Selection. The arborist report shall beprepared by a certified arborist selected by the
community development director and under the direction of the community
development department.
15
B Fees and payment. The cost of the arborist report, plus an administrative review fee as
adopted by the City Council, shall be remitted by the applicant prior to preparation of
the arborist report.
C. Content. The content of the arborist report shall be in compliance with Section
21 32.020 (Definitions -arborist report), or as otherwise required by the community
development director as necessaryprovide sufficient information to determine the
merits of the application.
D. Action of the City. The approval authority shall take into consideration the
conclusions and recommendations of the arborist report. However, the arborist report
shall be considered advisory only and its conclusions and recommendations shall not
be binding upon the approval authority as to any determinations made under this
Chapter.
E. No involvement in removal. A certified arborist. including any tree maintenance firm
or corporation, owned. operated or otherwise affiliated with such arborist, shall
refrain from any and all involvement in removal of the tree reviewed under this
Chapter. Violation of this provision shall be subject to applicable penalties pursuant
to Section 21.70.040, (Penalties).
21.32.160 Violations/penalties.
The violation of any provision contained in this chapter shall be punishable as prescribed
in Chapter 21.70, (Enforcement). In addition thereto, any person unlawfully removing or
destroying any tree without a permit or severely trimming a protected tree shall be subject
to the following:
-1-A. Tree replacement penalty. Replacement trees shall be planted at a minimum of
two times the replacement ratio described in Section 21.32.100, (Replacement trees)
^F~~for trees unlawfully removed from developed single-family residential.
Replacement trees shall be planted at a minimum of four times the replacement ratio
described in Section 21.32.100, (Replacement trees) ^F~for tree
unlawfully removed from all other properties. The exact replacement ratio shall
provide, in the opinion of the community development director, an equivalent
aesthetic quality that shall be based on the size, height, location, appearance, and
other characteristics of the unlawfully removed tree.
~B. Payment for value of unlawfully removed tree(s). Where replacement trees will
not provide equivalent aesthetic quality because of the size, age, or other
characteristics of the unlawfully removed tree, the community development director
shall estimate the value of the removed tree using the latest edition of The Guide for
Establishing Values of Trees and Other Plants, prepared by the council of tree and
landscape appraisers, as a resource. Upon the determination of the value, the
community development director, may require a cash payment to the city to be added
to a street tree fund for the cost of purchasing trees for installation within the public
right-of-way or on other public property as directed by the public works deparhnent.
16
3r.C. Combination of cash payment and tree replacement. If the site layout cannot
reasonably accommodate the required number of trees in compliance with the tree
replacement penalty ratios and/or tree spacing consistent with standard forestry
practices, the community development director may approve a combination of a cash
payment either in whole or in part and a portion of the replacement trees in
compliance with this section. The cumulative value of the cash payment and the
replacement trees shall be equivalent to the monetary, aesthetic, and environmental
value of the unlawfully removed tree.
21.32.170 No liability upon city.
Nothing in this chapter shall be deemed to impose any liability upon the city or upon any
of its officers or employees, nor relieve the owner or occupant of any private property
from the duty to keep in safe condition any trees upon his/her property or upon a public
right-of--way over his/her property.
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Exhibit B
Chapter 21.38
APPLICATION FILING, PROCESSING AND FEES
Sections:
21.38.010 -Purpose of chapter.
21.38.020 -Authority for land use and zoning decisions.
21.38.030 -Application filing and fees.
21.38.040 -Initial application review.
21.38.050 -Environmental assessment.
21.38.010 -Purpose of chapter.
This chapter provides procedures and requirements for the preparation, filing, and processing of
applications for land use permits and other entitlements required by this Zoning Code.
21.38.020 -Authority for land use and zoning decisions.
Table 4-1 (Decision-Making Body) identifies the city official or body responsible for reviewing
and making decisions on each type of application, land use permit, and other entitlements
required by this Zoning Code.
The community development director may refer any request to the planning commission for a
decision. Additional fees shall not be charged to the applicant in the event of a community
development director's referral.
Table 4-1
Decision-Making Body
Type of Permit or Decision-making body and Role (1)
Decision Procedures are Community Planning City Council
found in: Development Commission
Director
Land Use Permits and other
Develo meat Entitlements
Administrative 21.12.030 Decision Appeal Appeal
Planned
Development
Permits
Administrative 21.42. Decision Appeal Appeal
Site and
Architectural
Review Permits
Conditional Use 21.46 - Decision Appeal
Permits
Development 21.52 Recommend Decision
Agreements
Fence Exce lions 21.18.060 Decision A eal Anneal
Home Occupation 21.44 Issuance
Permits
Parking 21.28.050 Decision Decision/Appeal Decision/Appeal
Modification
Permit (5)
Planned 21.12.030 Recommend Decision
Development
Permits
Pre-applications 21.41 Comments(64) Comments(64)
Reasonable 21.50 Decision(3~ Appeal Appeal
Accommodations
Sign Permits 21.30 Issuance(4~ Decision(4~ Decision(42)
A eal(4~
Site and 21.42 Decision Appeal
Architectural
Review Permits
Tree Removal 2].32 Decision Appeal Anneal
Permits
Variances 21.48 Decision A eal
Zonin Clearances 21.40 Issuance
Zonin Code Administration and Amendments
General Plan 21.60 Recommend Decision
Amendments
Inte relations 21.02 Decision A eal Appeal
Zoning Code 21.60 Recommend Decision
Amendments
Zoning Map 21.60 Recommend Decision
Amendments
Notes:
(1) "Recommend" means that the decision-making body makes a recommendation to a higher decision-
making body; "issuance" means that the permit is a ministerial action that is issued by the decision-making
body; "decision" means that the decision-making body makes the final decision on the matter; "appeal"
means that the decision-making body may consider and decide upon appeals to the decision of an earlier
decision-making body, in compliance with Chapter 21.62, (Appeals).
(42) A sign permit that meets the minimum requirements of the signs regulations (Chapter 21.30) shall be
reviewed and issued by the community development director. Off-site signs, readerboard signs and signs
[hat exceed the minimum requirements of the sign regulations shall be reviewed by the planning
commission and are appealable to the city council. Freeway-oriented signs shall be reviewed by the city
council after recommendation by the planning commission.
(3~ The decision-making body for a parking modification permit is the decision-making body established
for the accompanying land use permit application, except for properties located in the C-3 (Central
Business District) zoning district, where the city council shall be the decision-making body.
(64~ The pre-application process does not replace, but is ancillary to the land use application process and
does not result in, nor can the planning commission or community development director, render a decision
with regard to land use entitlements, and nothing contained in the process precludes either the community
development director, planning commission or city council from approving or denying a subsequent formal
land use application.
se*
Exhibit C
Chapter 21.71
ADMINISTRATIVE DECISION PROCESS
Sections:
21.71.010 Purpose of chapter.
21.71.020 Approval authority and process.
21.71.030 Findings and decision.
21.71.040 Conditions and time limits.
21.71.050 Notification of decision.
21.71.060 Post decision procedures.
21.71.010 Purpose of chapter.
The purpose of this chapter is to provide procedures for processing and reviewing
discretionary permits through a staff level administrative decision process. By following
these procedures, it is intended that interested individuals and groups will be aware of the
proposals under consideration by the community development director and may offer
their input into the decision-making process.
21.71.020 Approval authority and process.
A. Approval authority. The community development director is the approval authority for
the following discretionary permits processed through the administrative decision
process:
1. Administrative planned development permits;
2. Administrative site and architectural review permits;
3. Fence exceptions; and
4. Tree removal permits.
B. Notice. Excepting anylications for a tree removal permit filed in compliance with
Chapter 21.32, (Tree Protection Reaulations), Tthe community development director
shall mail a notice to owners of record within a three hundred foot radius of the subject
property indicating that an application has been filed with the community development
department. The notice shall be mailed a minimum often days before a decision is
rendered. The notice shall provide a brief description of the project, the project location,
and the starting and ending dates for the ten-day comment period during which the city
will receive comments on the project. The notice shall also require that any comments
submitted from any interested individuals or groups shall be submitted to the planning
division in writing prior to the end of the given comment period.
***
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Exhibit D
Chapter 21.62
APPEALS
Sections:
21.62.010 -Purpose of chapter.
21.62.020 -Appeals from administrative decisions.
21.62.030 -Appeals from decisions of the planning commission.
21.62.040 -Filing and processing of appeals.
21.62.050 -Action on appeals.
21.62.060 -Exhaustion of appeals.
21.62.010 -Purpose of chapter.
This chapter provides procedures for filing appeals of determinations or decisions
rendered by the community development director or the planning commission.
21.62.020 -Appeals from administrative decisions.
A. Appeal of community development director's or city official's interpretation. The
applicant or any other interested party may file an appeal to the planning commission
from an administrative interpretation made by the community development director or
any city official in compliance with this Zoning Code.
B. Appeal of community development director's decisions. The applicant or any other
interested party may file an appeal to the planning commission from any of the following
decisions made by the community development director:
1. Administrative planned development permits;
2. Administrative site and architectural review permits;
3. Fence exceptions;
4. Notice of intent to record;
5. Parking modification permits;
6. Reasonable accommodation; and
7. Tree removal permits.
C. Appeal filed with the community development department. The appeal shall be filed
with the community development department and accompanied by a filing fee in
compliance with the city's schedule of fees and charges, no part of which is refundable
D. Ministerial actions. Ministerial actions granting or denying a building permit,
zoning clearance, home occupation permit, or any other ministerial action pursuant to this
Zoning Code are final and not subject to appeal.
21.62.030 -Appeals from decisions of the planning commission.
A. Appeal of Planning Commission Decision. The applicant or any other interested
party may file an appeal to the City Council from any decision of the planning
commission rendered in compliance with this Zoning Code.
B. Appeal Filed with the City Clerk. The appeal shall be filed with the city clerk and
accompanied by a filing fee in compliance with the city's schedule of fees and charges, no
part of which is refundable.
C. Council Initiated Review: Notwithstanding any other provision of this section, the
City Council may review any decision of the planning commission as follows:
I. The City Council may initiate the review by vote of a majority of its members
at any time prior to the expiration of the appeals period set forth in Section
21.62.040
2. The review shall be treated the same as an appeal, except that no application
need be filed with the city clerk.
21.62.040 -Filing and processing of appeals.
A. Timing and form of appeal.
1. Appeals shall be submitted in writing and filed with the community
development department or city clerk within ten days after the date the community
development director or the planning commission renders the decision, respectively.
2. The number of days shall be construed as calendar days. Time limits will
extend to the following City Hall working day where the last of the specified
number of days falls on a weekend, holiday, or other day when City Hall is
officially closed.
3. Appeals shall be accompanied by the filing fee set by the city's schedule of
fees and charges, no part of which is refundable.
**+
2