Homeowners with any of the following species of tree protected by the Cupertino tree ordinance are at risk of having an undue burden placed upon them by the city if:
a) They have a catastrophic event with their tree (loose a major branch, tree topples over, sudden oak death, etc.)
b) They need to do significant maintenance to or remove a tree in order to protect their property and the safety of people in the area of the tree.

The current ordinance states that an approval authority may require one or more replacement trees as a condition of permit issuance. This has been extended to be a standard requirement by city staff with a resulting added expense of $500 to $1600 or more depending on how much work you, the homeowner, are able to do yourself. While the city will not randomly require a homeowner without a protected tree on their property to add one, they will require the replacement of a tree that has had an act of god failure or that has a significant risk of failure, requiring removal. This applies no matter how many other protected trees are on your property.

The ordinance requires an arborist report from an arborist certified by the International Society of Arboriculture as part of the application for removal or a significant maintenance action. This has been extended to mean an arborist determined by the city at a cost of 4-6x what a non-city affiliated arborist would cost. Expect to pay over $750 and post a $1500 deposit.

As part of the permitting process you may be required to pay the city hundreds of dollars to notify your neighbors that there will a be a change to your tree(s).

A major limb from an oak tree in the protected class is extremely dangerous if not in good condition. It can weigh 1000lbs or more, threatening property and life if it fails. Dealing with it can run from $500 to $2000. Yet the city puts up road blocks to effective mitigation by requiring burdensome expenses on the homeowner that can more than double the cost of dealing with the problem.

A stated objective of the ordinance is to preserve protected trees and it lists benefits gained by trees. Yet the way this ordinance has been extended and is now being interpreted places such a burden on the homeowner that it disincetivizes the addition of these species to property.

Because it is felt that the ordinance has been misapplied and is being extended by city staff in a manner that is unfair and causes undue expense of a large magnitude, it is recommended that the ordinance be changed to provide tighter and specific control over the permitting process. Please use the links above to learn more and show your support by signing a petition. Or use this contact link to see how you can get involved.