HomeMy WebLinkAbout963 - OrdinanceORDINANCE NO. 963
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A
PROCESS FOR THE REMOVAL AND REPLACEMENT OF
CITY -MAINTAINED TREES IN THE RIGHT-OF-WAY OR
OTHER PUBLIC PROPERTY BY ADDING CHAPTER 12.30
TO THE MUNICIPAL CODE
The City Council of the City of Rancho Cucamonga hereby ordains as follows:
Section 1. The City Council hereby adds a new Chapter 12.30 to the Rancho
Cucamonga Municipal Code to read as follows:
Chapter 12.30: Convenience tree removal.
12.30.010. Purpose. The purpose of a convenience tree removal application is
to address requests from the community for the removal of City -maintained trees
in the right-of-way or other public property and to give the Public Works Services
Department the authority to remove such trees and replace or plant additional trees
in order to maintain and enhance trees as natural and community resources. This
chapter is not intended to supersede the tree preservation policies of any specific
plan, including the Etiwanda Specific Plan, if the specific plan is more stringent
than the requirements of this title; if the specific plan is less stringent than the
requirements of this title, this title shall supersede the specific plan. This chapter
is also not intended to supersede the permitting requirements applicable to
heritage trees under section 17.16.080.
12.30.020. Applicability. The provisions of this chapter shall apply to all City -
maintained trees in the right-of-way or other public property. This chapter does
not apply to privately -maintained heritage trees on private property that are subject
to section 17.16.080. This chapter does not diminish the City's authority to
voluntarily manage the City's urban forest in order to protect the public health,
safety, and welfare.
12.30.030. Convenience tree removal application.
A. An application for a convenience tree removal may only be filed by a person
or entity owning property immediately adjacent to the right-of-way or public
property where the subject tree is located.
B. The Public Works Services Director or his or her designee shall have the
sole discretion, pursuant to the requirements below, to approve an
application for the removal of a tree maintained by the city in the right-of-
way or other public property.
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12.30.040. Review Process.
A. An application for a convenience tree removal shall be filed, together with
any required fee as set by resolution of the City Council, with the Public
Works Services Director on forms provided by the department.
B. The Public Works Services Department will notify adjacent property owners,
within 600 feet of the considered tree, of the application for the convenience
tree removal and will consider the neighboring property owners' opinions, if
any, regarding the proposed changes when deciding whether to deny or
grant the tree removal request.
C. The Public Works Services Department shall review the application and
may inspect the existing conditions. The Public Works Services Director
may consider the following factors, in addition to neighboring property
owner opinions, and any other relevant factor, when reviewing tree removal
requests:
1. Debris reduction.
2. View enhancement.
3. Reduction of excessive shade projections.
4. Conformance with community design guidelines.
5. Tree species.
6. Potential damage to utility facilities or other property.
D. For a property with more than three trees surrounding it, no greater than
one-third of the existing trees surrounding the property may be removed
within a ten-year period.
12.30.050. Approval. The Public Works Services Director or his or her designee
shall approve, conditionally approve, or deny the application for a convenience tree
removal, and may impose such conditions necessary to implement the provisions
of this section, after the following findings are made:
A. The removal of the tree will not have a negative impact on the health, safety,
or viability of surrounding trees.
B. The removal of the tree will not negatively impact the aesthetics or general
welfare of the surrounding area.
12.30.060. Appeal of Director's Decision. A decision of the Public Works
Services Director pursuant to section 12.30.050 may be appealed to the City
Manager. An appeal must be initiated within ten working days after the Public
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Works Services Director's decision is issued by filing, with the director, a letter of
appeal briefly stating therein the basis for such appeal. The hearing on appeal shall
be held on a date no more than 15 working days after receipt of the letter of appeal.
The appellant shall be given at least five working days' notice of the time and place
of the hearing. The City Manager, or the City Manager's designee, shall provide
the appellant and any other interested party the reasonable opportunity to be heard
in order to show cause why the Public Works Services Director's decision should
not be upheld. Within 45 working days of the hearing, the City Manager, or the City
Manager's designee, shall make a written decision regarding the appeal. The
decision of the City Manager, or the City Manager's designee, shall be final.
12.30.070. Scheduling. If the convenience tree removal request is approved,
any work under this application shall be scheduled by the City in compliance with
the provisions of the Migratory Bird Treaty Act of 1918 as well as sound
horticultural practices. As such, there could be up to six months between the
approval of the application and the final work.
12.30.080. Agreement. If the convenience tree removal request is approved, the
Public Works Services Department and the applicant shall enter into an agreement
for the removal of the tree. The agreement shall contain the following terms, and
any other terms deemed necessary by the Public Works Services Director:
A. The total cost of the tree removal and replacement shall be borne by the
applicant, with payment due 90 days after the convenience tree removal's
approval or the agreement is executed by the City, whichever is sooner.
Funds to cover the cost of all work must be remitted by the applicant prior
to the scheduling of any work. Fees for removal and/or replacement of trees
shall be set by the Public Works Department.
B. The applicant shall agree to indemnify and hold harmless the city for
property damage or injuries caused by the work undertaken by the city
pursuant to the removal of a tree under this section.
C. Failure to comply with any provision of this chapter or the terms of the
agreement, including payment of applicable fees, shall be grounds to
rescind the convenience tree removal's approval and terminate the
agreement. In that case, the applicant will be required to submit a new
application and pay all applicable fees.
12.30.090. Replacement of trees removed pursuant to this section. The Public
Works Services Department will implement a tree replacement program in
accordance with this section, which will include at a minimum the following
components:
A. Trees will be replaced by the city, in accordance with applicable
procurement procedures, funded by the applicant requesting the tree
removal.
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B. Trees removed should be replaced by the same tree, appropriate to the
street, or another tree on the city's approved list. The approved list shall be
approved by the Public Works Services Director. Tree replacement should
meet requirements of specific plans, community plans, and the fire code.
The ratio and location of the replacement tree(s) shall be determined by the
Public Works Services Department, after considering the following factors:
Community design guidelines.
2. Physical space available for replanting trees.
3. Number of healthy trees in the remaining or prospective planting
area.
C. When it is infeasible or impracticable to replace a tree in the prior location,
a replacement tree may be replaced off -site or added to the city nursery for
use at a later date.
Section 2. CEQA. The City Council hereby finds that it can be seen with certainty that
there is no possibility that the adoption of this Ordinance may have a significant effect on
the environment, because the Ordinance allows for the removal and replacement of a
limited number of trees, after considering the health of surrounding trees, to be more than
offset by the replacement or planting of additional trees. It is therefore exempt from
California Environmental Quality Act review pursuant to Title 14, Section 15061(d) of the
California Code of Regulations.
Most trees within the right-of-way and on public property are currently managed by the
Public Works Services Department and can be removed without requiring replacement or
relocation. This Ordinance implements a process for replacing or relocating trees within
the right-of-way and on public property and requires the relocation or planting of new
trees. The City Council finds that this Ordinance will thus increase or, at a minimum,
maintain the baseline number of trees in the City. The adoption of this Ordinance is an
action authorized by state law to assure the maintenance, restoration, or enhancement
of a natural resource and the environment. It is therefore also exempt from California
Environmental Quality Act review pursuant to Title 14, Sections 15307 and 15308 of the
California Code of Regulations.
Section 3. Severability. The City Council declares that, should any provision, section,
paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any
final court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences and words of this
Ordinance shall remain in full force and effect.
Section 4. The City Clerk shall certify to the adoption of this Ordinance.
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PASSED, APPROVED, AND ADOPTED this 201h day of November, 2019.
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ATTEST:
pniice C. Reynolds,Clerk
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, JANICE C. REYNOLDS, City Clerk of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of
the City Council of the City of Rancho Cucamonga held on the 61h day of November 2019, and
was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on
the 20m day of November 2019.
AYES: Hutchison, Kennedy, Michael, Scott and Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 21 st day of November 2019, at Rancho Cucamonga, California.
- C. Reynold,derk
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