Ordinance No. 9384/D
ORDINANCE NO. 938
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SECTIONS 17 -17 THROUGH 17 -27 OF THE CODE OF
THE CITY OF CYPRESS TO ALLOW ADMINISTRATIVE APPROVAL BY THE
PLANNING DIRECTOR OR DESIGNEE FOR ALL PERMITS REGARDING
LANDMARK TREES.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION I. Section 17 -17 through 17 -27 of the Cypress City Code is hereby
amended to read as follows:
Sec. 17 -17. Landmark trees -- Purpose.
The City of Cypress is located in an area which at one time consisted primarily
of large farms and dairies which contained many large and majestic trees. During
the development of the city over a period of years, many of the original trees were
cut down. The loss of these trees has interfered with the natural scenic beauty of
the city, tended to upset the original ecology, diminished the tempering effect on
extreme temperatures, reduced the identity and quality of the city, reduced the
attractiveness of the city to visitors, destroyed one of the remaining historical links
with the city's past, tended to lower the quality of the environment, interfered with
sound growth and development of the area as a business and residential
community, and depressed property values. For these reasons, this council hereby
finds that the regulation of tree removal will aid in the beautification of this city,
encourage sound development, raise property values, and promote the health,
safety, prosperity, and general welfare of the residents and property owners of the
City of Cypress consistent with individual rights to develop property in a manner
which will not be prejudicial to the public interest.
Sec. 17 -18. Same -- Definitions.
As used in this part, the phrase "landmark tree" means any tree designated as a
landmark tree on the map on file in the planning department and made a part
hereof. At least three (3) copies of this map shall remain on file with the city
clerk, and shall be available for inspection at the office of the city clerk.
Sec. 17 -19. Same -- Permits required for removal.
Except as provided in this part, no person shall cut down, destroy or remove any
landmark tree growing within the city limits without a permit from the planning
director, or designee. The property owner of such a landmark tree shall submit
a written request for review and consideration of the landmark tree removal and
replacement plan, at least thirty (30) days prior to said removal. Public notice
of a proposed landmark tree removal shall be posted next to or on the subject
landmark tree (with materials which will not harm the tree), at the local public
library, and at the Cypress City Hall, during the entire thirty (30) day
application processing period. Application fees for landmark tree removal
permits, landmark tree pruning permits, and landmark tree adjacent construction
permits shall be paid to the city and a receipt therefor attached to the application
as a condition of filing. Such fees shall be established by resolution of the city
council.
Sec. 17 -20. Same -- Criteria for permits.
The planning director, or designee, in determining whether or not to issue a
permit for the cutting, destroying, or removing of any landmark tree, shall base
its decision upon the following criteria:
(1) The condition of the landmark tree with respect to disease, general health,
danger of falling, proximity to existing or proposed structures and interference
with utility service;
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(2) The topography of the land surrounding the landmark tree and the effect of
the removal of the tree on erosion, soil retention, and diversion or increased flow
of surface waters;
(3) The number of other trees, both landmark and non - landmark trees, existing
in the neighborhood and the effect of the proposed removal upon property values
in the area and upon the public health, safety, prosperity and general welfare in
the area;
(4) The number of healthy trees that the parcel of land upon which such tree is
growing will support, and other good landscaping and forestry practices;
(5) The proposed replacement(s), if any, for the tree; and
(6) Recommendation from public works director and director of recreation and
parks.
Sec. 17 -21. Same -- Permits required for pruning.
Except as provided in this part, no person shall prune, trim, or otherwise modify
any landmark tree growing within the city limits without a permit from the
planning director, or designee.
Sec. 17 -22. Same -- Criteria for pruning permits.
The planning director, or designee, in determining whether or not to issue a
permit for the pruning, trimming, or other modification of any landmark tree, shall
base his decision upon the following criteria:
(1) The condition of the landmark tree with respect to disease, general health,
danger of falling limbs, proximity to existing or proposed structures and
interference with utility service; and
(2) Good landscaping and forestry practices.
Sec. 17 -23. Same -- Conditions to permits.
The planning director, or designee, in granting a landmark tree removal permit or
a landmark tree pruning permit, may attach such reasonable conditions as deemed
necessary to insure compliance with the intent and purpose of this part.
Sec. 17 -24. Same -- Landmark tree adjacent construction permits.
No person shall pave any land or construct any structure within thirty (30) feet of
any landmark tree unless a landmark tree adjacent construction permit is first
applied for and granted by the planning director, or designee. The director, or
designee, may obtain recommendations from the various interested city
departments. In considering an application for a permit under this section, the
planning director, or designee, shall base his decision on whether the steps
necessary to preserve the health of the landmark tree will be taken, and on good
landscaping and forestry practices. The director, or designee, may attach such
reasonable conditions as necessary to insure compliance with the intent and
purpose of this part.
Sec. 17 -25. Same -- Emergency removals.
In case of an emergency caused by a landmark tree being in a hazardous condition
posing a direct and immediate threat to person or property, any member of the
Cypress Police Department or Planning Department may authorize the removal
or pruning of the tree. The property owner of such a landmark tree shall submit
a written request for review and approval of the tree replacement plan, within
thirty (30) days of the emergency landmark tree removal.
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Sec. 17 -26. Same -- Appeal.
Any decision made by the planning director, or designee, may be appealed by the
applicant, any affected resident or property owner, or by any member of the city
council to the city council. A person desiring to appeal such a decision shall file
a notice of appeal, in writing, with the city clerk within thirty (30) days after the
mailing of notice of the decision being appealed. The notice of appeal shall state
briefly the grounds therefor and shall be signed by the appealing party. The
decision of the city council shall be final.
Sec. 17 -27. Same -- Penalty.
Except as otherwise permitted by this part, any person who cuts down, destroys,
moves, prunes, trims, or otherwise modifies any landmark tree or paves any land
or constructs any structures within thirty (30) feet of a landmark tree growing
within the city limits without a permit to do so, or in violation of the terms or
conditions of a permit, is guilty of a misdemeanor and shall be subject to the
penalties set forth in section 1 -7(a) and (b) of this Code.
Section II. If any section, subsection, subdivision, sentence, clause or phrase, or
portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted this
Ordinance, and each section , subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivision, sentences, clauses,
phrases, or portions thereof be declared invalid or unconstitutional.
Section III. The City Clerk is hereby authorized and directed to certify as the
passage of this Ordinance and to give notice thereof by causing copies of this Ordinance to be
posted in three public places throughout the City.
FIRST READ at a regular meeting of the City Council of said City held on the 22nd day of
May , 1995, and finally adopted and order posted at a regular meeting held on the
12th day of June , 1995.
AYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK 0 THE CIT'f OF CYPRESS
STATE OF CALIFORNIA)
COUNTY OF ORANGE )SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, California DO HEREBY CERTIFY that .
the foregoing Ordinance was duly adopted at a regular meeting of the City Council of the City
of Cypress, held on the 12th day of June , 1995 by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones,
Kerry and Age
NOES: 0 COUNCIL MEMBERS: None
ABSTAINED: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY CLE
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CITY OF CYPRESS
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