Ordinance No. 490ORDINANCE NO. 490
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE OF THE
CITY OF CYPRESS, PROVIDING FOR THE PRESERVATION OF.
CERTAIN TREES.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS FOLLOWS:
SECTION 1. Part 25 -A is added to Ordinance No. 90 to read in full as
follows:
Part 25 -A
LANDMARK TREES
65
Section 125 -A.1 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 com-
munity, 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.
Section 125 -A.2 Definitions. As used in this part, the phrase "landmark
tree" means any tree designated as a landmark tree on the map attached hereto
and made a part hereof. At least three 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.
Section 125 -A.3 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 Commission. 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.
Section 125 -A.4 Criteria for Permits. The Planning Commission, 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;
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;
66
5. The proposed replacement(s), if any, for the tree; and
6. Recommendation from Public Works Director and Director of
Recreation and Parks.
Section 125 -A.5 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 Secretary of the
Planning Commission.
Section 125 -A.6 Criteria for Pruning Permits. The Secretary of the
Planning Commission, 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.
Section 125 -A.7 Conditions to Permits. The Planning Commission, in
granting a landmark tree removal permit, and the Secretary of the Planning
Commission in granting a landmark tree pruning permit, may attach such
reasonable conditions as they deem necessary to insure compliance with the
intent and purpose of this part.
Section 125 -A.8 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 Secretary of the Planning Commission. The
Secretary may obtain recommendations from the various interested city depart-
ments. In considering an application for a permit under this section, the
Secretary of the Planning Commission 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 Secretary may attach
such reasonable conditions as necessary to insure compliance with the intent
and purpose of this part.
Section 125 -A.9 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 may
authorize the removal or pruning of the tree.
Section 125 -A.10 Appeal. Any decision made by the Planning Commission or
by the Secretary of the Planning Commission 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 twelve (12) 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.
Section 125 -A.11 Penalty. Except as otherwise permitted by this part,
any person who cuts down, destroys, removes, 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 with-
out a permit to do so, or in violation of the terms or conditions of a permit,
is guilty of a misdemeanor and, upon conviction, is subject to a fine of
not more than $500, imprisonment in the County Jail for not more than 180 days,
or both.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular .
meeting held on the 28th day of August, 1972.
ATTEST:
MAYOR OF TH$%CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of the said City
Council held on the 28th day of August, 1972, by the following roll call vote:
AYES: 4 COUNCILMEN: Frankiewich, Kanel, Roberts and Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMAN: Harvey
/ 7
CITY CLERK OF THE CI OF CYPRESS
3