Ordinance No. 513ORDINANCE NO. 513
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS ADDING SECTIONS 17 -17 THROUGH 17 -27 TO
CHAPTER 17 "OFFENSES - MISCELLANEOUS" OF THE CODE
OF THE CITY OF CYPRESS, PROVIDING FOR THE PRESER-
VATION OF CERTAIN TREES.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS FOLLOWS:
SECTION 1. Sections 17 -17 through 17 -27 are added to Chapter 17 of
the Code of the City of Cypress to read as follows:
Section 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.
Section 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 City Clerk's Office 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.
Section 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 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 17 -20 Same - 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;
5. The proposed replacement(s), if any, for the tree; and
6. Recommendation from Public Works Director and Director of
Recreation and Parks.
Section 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 Secretary of the
Planning Commission.
Section 17 -22 Same - 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 17 -23 Same - 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 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 Secretary of the Planning Commission.
The Secretary may obtain recommendations from the various interested City
departments, 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 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 may
authorize the removal or pruning of the tree.
Section 17 -26 Same - 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 17 -27 Same - 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 without 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.
-2 -
SECTION 2. Urgency. This Ordinance is an urgency measure and shall take
effect immediately. The facts constituting the urgency are that there are
several trees which would be subject to this Ordinance which will be removed
if this Ordinance does not take effect immediately as an urgency measure.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 27th day of August, 19730
ATTEST:
CITY eIEKK OF E CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF ,TB
CITY Or/CYPRESS \
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 27th day of August, 1973, by the following roll call vote:
AYES: 5 COUNCILMEN: Frankiewich, Harvey, Kanel, Lacayo and Roberts
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
CITY CLERK OF THE CI' OF CYPRESS
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