HomeMy WebLinkAbout276 - Ordinances ORDINANCE NO. 276
AN ORDINANCE OF TSE CITY COUNCIL OF THE CITY OF RANCHO
CUCAHONGA, CALIFORNIA, AMENDING CHAPTER 19.08 OF THE
RAI~CHO CUCAMONGA NUNICIPAL CODE, PERTAINING TO TEE
PRESERVATION OF TREES ON PRIVATE PROPERTY
The City Council of the City of Rancho Cucamonga does ordain as
follows:
SECTION I: Chapter 19.08, Title 19 of the Rancho Cucamonga Hunicipal
Code is hereby repealed.
SECTION 2: The Rancho Cucamonga Hun/c/pal Code is hereby amended by
adding Chapter 19.08 thereto to read as attached hereto.
The Hayor shall sign this Ordinance and the City Clerk shall cause the same to
be published within fifteen (15) days after its passage at least once in The
Daily Renor~, a newspaper of Eeneral circulation published in the City of
Ontario, California, and circulated in the City of Rancho Cucamonga,
California.
PASSED, APPROVED, and ADOPTED this 19th day of February, 1986.
AYES: Wright, Buquet, Mikels, King
NOES: None
ABSENT: Dahl
J on"l)~ - dikel s, 'Hay or
ATTEST:
Beverly. Autbel~e, City Clerk~
,"_.'/, , / /. , ,"
De~ra Adams, Deputy
Ordinance No. 276
Page 2
I, BEVERLY A. AUTBELET, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance vas introduced at a
regular meeting of the Council of the City of Rancho Cucamonga held on the 6th
day of November, 1985, and was finally passed aC a regular meeting of the City
Council of the City of Rancho Cucamonga held on the 19th day of February, 1986.
Executed Chis 10th day of February, 1986 ac Rancho Cucamonga,
California.
Beverl~A. AuCbelet,.f_ City Clerk
/ ~
By:,/~'_ '/, ,~ ' ~' ' / ' '~
Debra Adams, Deputy
Ordinance No. 276
Page 3
CHAPTER 19.08
TREE PRF.~ERVATION
Section 19.08.010 Purpose and Intent
The eucalyptus, palm, oak, sycamore, pine and other trees growing within the
City of Rancho Cueamoaga are a natural aesthetic resource which help define
the character of the City. Such trees are worthy of protection in order to
preserve the scenic beauty, prevent soil erosion, provide shade, wind
protection, screening and counteract air pollution. It is pertinent to the
public peace, harmony and welfare that such trees be protected from
indiscriminate cutting or removal, especially where such trees are associated
with a proposal for development.
It is the intent of this chapter to establish regulations for the preservation of
heritage trees within the City of Rancho Cueamonga on private property in
order to retain as many trees as possible consistent with the purpose of this
chapter and the reasonable economic enjoyment of said property.
In particular, the Eucalyptus windrows are a unique inheritance whose
cumulative value as a windbreak system is a desirable resource. It is the
intent of this chapter to perpetuate a windbreak system through proteetio~ of
selected Blue Gum Eucalyptus windrows and expansion of the system through
planting of new Spotted Gum Eucalyptus windrows along the established grid
pattern, as development occurs.
Section 19.08.020 Aoolieabilit7
The provisions of this elmptm. ~ apply to all heritage trees o~ all private
peoperty within the City of Rancho C, ueamonwa, except as set forth in Section
19.08.040 of this fihmpter. Pul*that', this elmptet, is not intended to supereede
the tree preservation poUeies of tim gtiwanda Specific Plan.
Section t9.08.030 Oeflnitiona
For the purposes of this chapter, unless otherwise apparent from the context,
certain words and phrases used in this chapter are defined as follows:
A. *'Heritage tree" shall mean any tree, shrub or plant which meets at least
ot~e of the following criteriaz
l. ALt Eucalyptus windrows; or
2. ALt woody plants in exee9~ of fifteen feet in height and having a
single trunk circumference of fifteen inches or more, as measured
twenty-four inches from ground level; m'
3. Multi-trunk tt~) having a total circumference of thirty inches or
more, as measured twenty-four inches from ground level; et*
Ordinance No. 276
Page 4
4.A stand of trees the nature of which makes each dependent upon
the others for survival; ix-
5. Any other tree as may be deemed historically or culturally
significant by the City Planner because of size, condition, loc~tion,
or aesthetic qualities.
B. "Remove" shall include any act which will cause a heritage tree to die,
including but not limited to, acts which inflict damage upon root
systems, bark or other parts of tree by fire, application of toxic
substances, operation of equipment or machinery; improper watering;
changing natural grade of land by excavation or filling the drip line area
around the trunk; or by attachment of signs or artificial material
piereing the bark of the tree by means of nails, spikes or other piercing
objeet~.
C. "Drip line" shall mean a line which may be drawn on the ground around a
tree directly under its outermost branch tips and which identifies that
location where rain water tends to drip from the tree.
D. "Associated with a proposal for development" shall mean any land area
for which an application for a specific plan, variance, parcel map,
subdivision, development/design review or a time extension thereof, or
special or conditional use permit has been filed with and is pending
consideration by the City or has been approved but the related project or
applicable phase thereof has not been completed.
E. "Historic landmark" shall mean, for the purposes of this Ordinance, any
tree designated as an historic landmark by City Council pursuant to
Section 2.24.100.
F. "Windrow" - A row of trees, usually a variety of Eucalyptus, planted to
provide a windbreak to protect property or agricultural crops.
Section 19.08.040 Exceptions
The following shall be exempt from the proviskms of this c~pter:
Trees which are fruit or nut bearing],
· , B. '1¥~ planted, grown, and/or held fro' ~ by Heemmd nursm-ies and/er
~ f..arms .m' ~ removal or transplantinw of such trees pursuant to the
ope~auan o~ & tieemed nurse~ and/o~ tree farms;
C. Trees within exiati~ m, ~ public ri~flt~ of way where their
removal or relocation is neeeesary to obtain adequate line-of-sight
distances as required by the City lln~mee~, o~ his o~ her designee;
Do Trees which, in the opinion of the City Engineer, o~ his oe her designee,
~ will cause damage to existing pubUe improvements;
Ordinance No. 276
Page 5
E. Trees which require maintenance or removal action for the peoteetio~
existing aleetrieal power or communication Lines or other property of a
imbue utiUty.
Section 19.08.050 Permit Required
A. No person, firm or corporation shall remove, relocate or destroy any
heritage tree within the City limit, including an applicant for a building
permit, without first ot)tainiog a tree removal permit from the City
Planner.
B. No tree removal permit shall be issued for the removal of any
tree on any lot associated with a proposal for development, unless aU
disoretionary approvals here be~m obtained from the City, unless an
emergency waiver is granted pursuant to Section 19.08.080.
C. No tree designated as a historic landmark shaU be altered, removed,
relocated or destroyed by any person, firm or corporation without first
obtaining a landmark alteration permit and tree removal permit.
Seetim 19.08.060 Permit A~lieatiort
An application for a tree removal permit shaU be filed, to~ether with any
required fee as set by Resolutio~ of the City Council, with the City Planner
on forms provided for the purpose. The City Planner shall require a tree
removal permit application together with any application for tentative
subdivision maps or other proposals for urt)an development. The application
shall be submitted with a report which shall contain the following irt~ormation:
A. A statement as to reasons for removal or relocation,
B. The number, species, and size (circumference as measured twenty-four
inches from ground level) arid height of tree,
C. The location of aU trees on site on a plot plan in relation to structures
and improvements (e.g.~ streets, sidewalks, fences, slopes, retaining
walL~, etc.). If the application L~ associated with a proposal for
development, the location of ail trees on site shall be plotted on a
grading plan.
D. Photographs of the trees to be removed or relocated.
E. If a tree is proposed to be relocated, the relocation site shall be
identified and site preparation and relocation methods described,
F. Proposed method of removal,
G. The health of any tree declared diseased, infested, or d~ng shall be
verified by a written report of a qualified arborist.
In addition, thru City Planner my mumm to bm pt'epmred, at the
applieent~ exp~ & report by & qumUfled artmeist to mist in makin
detm'minatioa ea a b*ee removal pm*mit appUeation.
Ordinance No. 276
Page 6
Seat. ion 19.08.070 Permit Peoeeclu~es
TREE REPIOVAI. PER~IT
FLO~ CHART
NO J YES
$
An more ~han S trees
or 50 l?ne&r feet of
wtndrm~ t~'lng ~ved?
Y~S
~r ~ s~lt~ed I ~fer to p~cess
p~ss tn Sectton ..[ outlined tn
19.08.QTOA Section 19.08.07~
Priwte ~y. ~re ~ ~U~ti~ ~ s ~ ~mov~ Permit ~
fil~ ~ ~ivste ~ ~d b Umit~ ~ five (5) ~m ~ ~ (50)
im~vem~ w~ ~w ~e mjo~mt of ~
Ordinance No. 276
Page 7
2. Subsequent to investigation, the City Planner may approve the
permit for the removal of all at' some of the trees included in the
application, and may att~h conditions of compliance as deemed
ne,~msary, in~.luding but not limited to the replacement of the
removed tree(s) with reasonably equivalent replacement trees. The
City Planner, oe his oe her designee, may refer any reque.~t to the
Plannin~ Commission foe a determination where it is determine<l
the application involves unusual site development requirements
unique ehareete~isties, oe raises questions of policy substantiatiy
moee si~fieant titan generally pertain and which require Planning
Commission eonsideretion.
3. Tim permit shall be valid foe a period of ninety (90) days, unless an
extension is requested fourteen (14) days prior to the expL-ation of
B. Associated with a Proposal foe Development. Where an application foe a
Tree Removal Permit is a~oeiated with a proposal foe dav~lopment oe is
on private pt~operty and involves greater than five (5) trees or more
fifth (50) linear feet of windrow, the foliowinf proeedure is hereby
1. Upon receipt of the application, the City Planner or designee shah
investigate the site and evaluate the application on the basis o~ the
following eritaria:
a. The oondition of the tree(s) with respect to disease, danger
cotlapse of all or any portion of the tree(s), proximity to aa
existing structure, or interference with utility services;
b. The necessity to remove a tree in order to construct
improvement~ ~vhich allow economic enjoyment o~ the
property;
e. The number of trees existin~ in the neighborhood; and
effect the removal would have on the established character
of the area and the proporty values~
d. Whether or not the removal of the tree(s) is necessary to
construct ~equi:ed improvements within the public street
right=of=way or within a flood control or utility right=of-way;
e. Whether or not the tree could be preserved by pcuning
t)roper maintenance or relocation rather than removal;
f. Whether or not such tree(s) constitute a significant natural
resource of the City; and
g. Whether or not suel~ trees are requi~ed to be preserved by any
spoeifie plan, community plan, condition of approval, or
designation as historic landmark.
Ordinance No. 276
Page 8
2. The City Planner shall give priority to the inspection of those
requests based upon hazardous conditions.
3. The City Planner, or his or her designee, may refer any request to
the Planning Commission for a determination where it is
determined the application involves unusual site development
requirements or unique characteristics, or raises questions of
policy substantially more significant than generally pertain and
which require Planning Commission consideration.
4. Where an application for a Tree Removal Permit is associated with
a proposal for development, the City Planner shall complete his
investigation and make a report to the Planning Commission. The
Planning Commission shall review the case, and shall conduct a
public hearing where required, e~neun'ently with the development
application. In making his determination, the City Planner st~ll
give ~onsiderat~on to the Commimion~ review ~nd comment.
5. Permit Notification. At least ten (10) days prior to making a
decision, the City Planner or designee shall provide for public
comment through notice to the property owners adjoining the
subject property that such tree removal permit was requested and
the results of the investigation. The public hearing notification
required by Section 17.02.110 shall include a description of the tree
removal permit request.
6. Subsequent to investigation, the City Planner ce Planning
Commission shall approve, conditionally approve or deny the
application to remove ce relocate any heritage tree(s). The City
Planner or PLanning Commission may impose conditions deemed
necessary to implement the provisions of this article, including, but
not limited to, replacement of the removed or cut down tree or
trees with tree(s) of species and quantity commensurate with the
aesthetic value of the tree or trees cut down or removed; tree
relocation to another site on the property, provided that the
environmental conditions of said new location are favorable to the
survival of the tree, and pcovided further that such relocation is
accompLished by qualified landscape architect or qualified arborist.
C. Historic Landmark T~ees.
Where the trees in question are designated as a historic landmark, a
request for a Tree Removal Permit shall be subject to review by the
Historic Preservation Commission and landmark alteration permit
procedure pursuant to Section 2.24.120. The action of the Historic
Preservation Commission shall be forwarded to the Planning
Commission. The following trees are designated as historic Landmarks:
Ordinance No. 276
Page 9
Victoria Avenue. 21 palm and 62 Eucalyptus street trees facing Lots 13,
15 and 16, Block H; Tract 5754, Block H; and Lots 1 and 2, Block J,
Eitwanda Colony Lands (Designated 3/4/8l by Ordinance No. 138).
Highland Avenue. 41 palm and 291 Eucalyptus street trees facing Lots
13-16, Block E; and Lots 1-4, Block It, Etiwanda Colony Lands
(Designated 4/1/81 by Ordinance No. 141).
D. Appeal Procedure. Any person aggrieved by the denial or approval of a
tree removal permit shall be afforded recourse of appeal in the manner
described below. The filing of an appeal shall automatically suspend the
permit issued until action thereon is taken by the appropriate
authority. Irt hearing such an appeal, the appeal body (Planning
Commission or City Council) may affirm, affirm in part, or reverse the
previous determination on the tree removal permit.
1. Administrative Decision. Appeals based on decisions by the City
Planner may be filed by an a~grieved party with the Planning
Commission. Except as otherwise provided in this title, such
appeal is to be filed with the secretary of the Planning Commission
in writing, together with any appeal fee, within ten (i0) calendar
days of the decisive action. The Planning Commission may
consider the matter and may affirm or reverse wholly or partly,
the action which is in question.
2. Planning Commission Decision. Appeal of a Planning Commission
decision may be made by filing a written notice of appeal with the
City Clerk, together with any appeal fee, within ten (10) calendar
days following the Planning Commision~ decision. The City
Council will consider the matter and may affirm or reverse wholly
or partly, the action which is in question.
E. ADi)rov~l P~ried. Tree removal permits shall be effective following the
ten (10) day a~eal period and shall be valid fer a period of ninety (90)
days, subject to extension. Where the tree removal permit/s associated
with a proposal for development, the ninety (90) days shall start from
the date of ~ m~ r~'d~ti~a o~ building permit, wniehever comes
first.
8eetiea 1~.08.080 ~ Wa/vee
Where a tree is determined by the City Planner or designee to be in a
dangerous condition requiring emergency action to preserve the public health,
safety and welfare, the permit requirement may be waived. In the event of an
emergency caused by a hazardous oe dangerous tree, which condition poses an
immediate threat to person or property, any member of the Foothill Fire
Protection District may authorize the destruction oe removal of such tree
without securing a permit therefor.
Ordinance No. 276
Page 10
Section 19.08.090 Use of ~xplosives
AH persons engaged in felling or removing trees, and desirous of using
explosives for this purpose within the City limits, shall first obtain approvals
to use such explosives from the Building Division and the Foothill Fire
Protection District which approval shall be noted on the Tree Removal Permit
prior to issuance of same by the City Planner or Planning Commission. In
addition, the applicant shall furnish such bond or insurance as shall be deemed
necessary for the protection of surrounding property from any possible
damage which might result from such activity.
Section 19.08.100 Tree Replacement Policy
A. Where existing Eucalyptus windrows are to be removed, they shall be
replaced with Eucalyptus ~aeulata (Spotted Gum) alo~ the established
grid Dattern in 15 gallon size minimum spaced at 8 feet on center and
properly staked, unle~ other~rise ai:meified by a SgeeLfie Plan ix'
Commun/ty Plan.
B. &Il other heritage tree removal shall require replacement with the
largest nursery grown tree(s) available as determined by the City
Planner or Planning Commission. Heritage tree relocation to another
location on the site is the preferred alternative to replacement subject
to a written report by a landscape architect or arbor/st on the feasibility
of transplanting the tree.
C. The City Planner or Planning Commission shall condition tree removal
permit for replacement of tree(s) within a specific time period and in
accordance with the replacement policy established herein.
D. To assist the City Planner or Planning Commission in making a
determination, the applicant for a tree removal permit may be required
to submit an independent appraisal prepared by an horticulturist,
arborist, or lieansed landscape architect to determine the replacement
value of the tree(s) to be removed. Such appraisal shall be based upon
the most recent edition of the "Guide for Establishing Values of Trees
and Other Plants", prepared by the Council of Tree Landscape
Appraisers.
Se~:toa 19.08.118 Veoteetion of R-i~in~ Trees
Care shall be exercised by ail individuals, developers and contractors working
near preserved trees so that no damage occurs to said trees. All construction
shall preserve and protect the health of trees to remain, relocated trees, and
new trees planted to replace those removed in accordance with the following
measures.'
A. All trees to be saved shaT. be enclosed by an aiWx'ogeiate emtstruetion
barrier., such es chain link fence or other means acceptable to the City
Planner, prior to the issuance of any grading or building permit and prior
to commencement of work. Fences are to remain in place during all
phases of construction and may not be removed without the writte-"~
consent of the City Planner until construction is complete; and
Ordinance No. 276
Page 11
B. blo substantial disruption or removal of the structural or absorptive roots
of any tree shall be performed; and
C. No fill material shall be placed within three (3) feet from the outer
trunk circumference of any tree; and
D. No fill materials shall be placed w{thin the drip line of any tree in excess
of eighteen (18) inches in depth. This is a guideline and is subject to
modification to meet the needs of individual tree species as determined
by an arborist or landscape architect; and
E. No substantial compaction of the soil within the drip line of any tree
shall be undertaken; and
1=. No construction, including structures and walls, that disrupts the root
system shall be permitted. A~ a guideline, no cutting of roots should
occur within a distance equal to 3 1/2 times the trunk diameter, as
measured at ground level. Actual setback may vary to meet the needs
of individual tree species as determined by an arborist or landscape
architect. Where some root removal /s necessary, the tree crown may
require thinning to prevent wind damage; and
G. Eucalyptus windrows to be preserved shall have adequate provisions for
deep watering and limit surface watering within fifteen (15) feet of
trunk; and
H. The City Planner may impose such additional measures determined
necessary to preserve and protect the health of trees to remain,
relocated trees, and new trees planted to replace those removed.
· ..
,..' * ' NO CONSTRUCTION WITHIN
· ' · OFI~ LINE on WITHIN 10' OF
TRUNK' WHICHEVER i8 GREATER.
PROVIDE TEMIN~RY .
FENCINQ AT DRIP LINE
DURINQ GONaTRUG'TION
PROTECTIVE FENCINQ ~~
OUT OF DRIP LINE
Ordinance No. 276
Page 12
~tion 19.08.120 Tree Maintenance
A. The maintenance of trees standing upon private or homeowner owned
property shall be the responsibility of the owner or owners of those
properties.
B. Builders shall be required to prune, treat, and maintain existing trees
and plant new ones in such a fashion that when the trees become City,
association, or private property the trees will be free of various damage,
pests, diseases, and dead branches. The trees shall be in good biological
and aesthetic condition upon acceptance.
C. To insure adequate and uniform maintenance, Eucalyptus windrows
should be maintained in a manner that preserves the aesthetics and
history of the Eucalyptus windrows, as described in Section 19.08.120D.
D. Pruning prior to transfer of mature Eucalyptus windrows to the City,
associations or private owners must be done by builders as follows:
1. Leaves, debris, dead branches and suckers accumulated along the
base of the windrow shall be removed periodically, or as may be
necessary fa' reasons of public health and safety.
2. Dead or decaying branches shall be removed, trunks stripped, and
tree structure trimmed at least every four years or as may be
necessary for reasons of public health and safety as well as
aesthetics.
3. Trees should be trimmed to preserve their natural structure.
4. Remove unsightly or poorly crotched limbs and heavily leaning
branches.
5. All cuts are to be made flush and/or in line with proper
arboricultural practices.
6. Dead, diseased, or dying trees shall be removed as may be
necessary, and shaU be replaced with 15 gallon P. ucalyptus
Maculata-
E. Young Eucalyptus windrow trees shall be rnaintained, fertilized, and
irrigated as may be neeesary to sustain them in healthy condition. Dead
trees shall be replaced with same species of appropriate size;
replacement trees need not exceed 15 gallon size.
Section 19.08.1:~0 Penalt~
Violation of any section of this Article shah constitute a misdemeanor,
punishable by a fine of not more than $1,000 or by imprisonment not to exceed
six (6) months, or both such fine and imprisonment. Each tree removed in
violation of this Article shall constitute a separate offense.