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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Cucamonga does ordain as follows: SECTION I: Chapter 19.08, Title 19 of the Rancho Cucamonga Hunicipal Code is hereby repealed.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.