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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. Ordinance No. 963 - Page 1 of 5 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 Ordinance No. 963 - Page 2 of 5 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. Ordinance No. 963 - Page 3 of 5 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. Ordinance No. 963 - Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 201h day of November, 2019. -11 1 g.0. ,- 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 No. 963 - Page 5 of 5