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HomeMy WebLinkAbout26 - Ordinances ORDINANCE NO. 26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA PERTAINING TO THE PRESERVATION OF TREES ON PRIVATE PROPERTY AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF RANCHO CUCAMONGA DOES ORDAIN AS FOLLOWS: I. GENERAL SECTION i. Intent and purpose. The purpose of this Ordinance is to encourage preservation of trees and vegetation within the City of Rancho Cucamonga on private as well as public property. II. PRESERVATION OF TREES ON PRIVATE PROPERTY SECTION 1. Applicability and Size Criteria. The provisions of this Article shall apply to all trees on any developed or undeveloped private property within the City of Rancho Cucamonga. For the purposes of this Ordinance tree shall mean tree, plant, shrub or other similar form of vegetation which meet the following criteria: (a) Ail woody plants in excess of twenty (20) feet in height and having a single trunk circumference of twenty (20) inches or more. (b) Multi-trunks having a total circumference of thirty (30) inches or more, as measured twenty-four (24) inches from ground level. (c) Trees which are fruit or nut bearing and commercial nursery stock shall be excluded from the provisions of this Ordinance. SECTION 2. Permit required to remove trees. No person, firm or corporation shall cut down, move, destroy or remove any tree growing within the City limits without first having obtained a Tree Removal Permit from the City. SECTION 3. Permit Application. Application for such permit shall be made to the Community Development Director or Director's designee. Said application shall contain the following information: (a) Species of tree(s) under consideration. (b) Number and size (approximate height and circumference as measured 24" from ground level) of tree(s) under consideration. (c) A statement as to reasons for removal. (If tree is diseased, a written statement by a licensed arborist stating nature of the disease. (d) A plot plan showing the approximate location of all trees on the site, including those proposed as remaining. (e) Proposed method of removal. Ordinance No. 26 Page 2 SECTION 4. Permit Evaluation Upon receipt of the application, the Community Development Director or designee shall investigate the site and evaluate the application on the basis of the following criteria: (a) Whether or not the tree(s) could be preserved by pruning rather than removal. (b) Whether or not such trees(s) constitute a significant natural resource of the City of Rancho Cucamonga. (c) General condition and health of the tree(s). (d) Incidence of any safety hazard to persons, adjacent property or utility installations. (e) Proximity and number of other trees in the vicinity and the ability of the soil to adequately support existing vegetation. (f) The ~ect of the tree removal on the public health and ~ety, and the general welfare and aesthetics of thc area. SECTION 5. Issuance of Permit Subsequent to investigation, the Community Development Director or designee may approve the permit for the removal of all or some of the trees included in the application, and may attach conditions of compliance as deemed necessary to conform with the prescribed criteria, including but not limited to the replacement of the removed tree or trees with reasonably equivalent replacement trees. If in the opinion of the Community Development Director the removal of tree or trees included in the application would produce a significant impact on the environment, the application may be forwarded to the Planning Commission for review and action. Permits shall be effective ten (10) days after approval and shall be valid for a period of 90 days, subject to a 90-day renewal period at the applicant's request. SECTION 6. Notification of Approval Upon approval of a Tree Removal Permit, the Community Development Director or designee shall immediately give notice to the property owners adjoining the subject property that such Tree Removal Permit was approved and issued and that such permit will become effective ten (10) days after the date of its approval unless appealed pursuant to SECTION 7 of this Article. SECTION 7. Appeal to the City Council Any person aggrieved by the denial or approval of a Tree Removal Permit shall be afforded recourse of appeal to the City Council provided that such appeal is submitted in writing to the City Clerk within ten (1~ days of said action. Such filing of an appeal shall automatically ~pend the permit issued until action thereon is taken by the City Council. The appeal so filed shall be heard by the City Council as its next regularly scheduled meeting, at which time the City Council may affirm, modify or reverse the decision of the Community Development Director. In any event, the action of the City Council on the appeal shall be conclusive and final. SECTION 8. Emergency Waiver Where a tree is determined by the Community Development Director 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. An application shall thereafter be filed by the Community Development Director explaining the action taken and the reasons for this waiver of permit. In the event of an emergency caused by a hazardous or dangerous tree, which condition poses an immediate threat to person or property, any member of the Fire Department of the City of Rancho Cucamonga may authorize the destruction or removal of such tree without securing a permit therefore. Ordinance No. 26 Page 3 SECTION 9. Use of Explosives All 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 Community Development Director and the Rancho Cucamonga Fire Department, which approval shall be noted on the Tree Romoval Permit prior to issuance of same by the Community Development Director. 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 10. Protection of Existing Trees Care shall be excercised by all individuals, developers and contractors working near preserved trees so that no damage occurs to said trees. Precautions to be taken shall be outlined to the Community Development Director or an appointed representative prior to commencement of activity and shall be subject to Community Development Director's approval. SECTION 11. Penalty Violation of any section of this Article shall constitute a misdemeanor, punishable by a fine of not more than $500 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. SECTION 12. Ordinance Urgency This Or<~ ~nce is hereby declared an urgency measure necessary for the immediate protection of environmental resources in the City of Rancho Cucamonga and shall take effect immediately upon its adoption. APPROVED and ADOPTED this 7th day of June 1978. ATTEST: ~i lerk ~