The City finds that it is in the public interest to promote the continued health of this City’s abundant and diverse plant resources by providing regulations and guidelines for the management of the plant resources in the incorporated areas of the City of Yucaipa on property or combinations of property under private or public ownership for the following purposes:
(a) 
To promote and sustain the health, vigor, and productivity of plant life and aesthetic values within the City through appropriate management techniques.
(b) 
To conserve the plant life heritage for the benefit of all, including future generations.
(c) 
To protect trees and plants from indiscriminate removal and to regulate such activity.
(d) 
To provide a uniform standard for appropriate removal of trees and plants in public and private places and streets to promote conservation of these valuable natural resources.
(e) 
To protect and maintain water productivity and quality in local watersheds.
(f) 
To preserve habitats for rare, endangered, or threatened plants and to protect animals with limited or specialized habitats.
The general provisions established by this chapter shall apply to all subsequent chapters of this Division, unless specifically exempted.
(a) 
The provisions of this Division shall apply to all private land within the incorporated areas of the City of Yucaipa and to public lands owned by the City, except as specified by the provisions of this Division.
(b) 
Exceptions. The provisions of this Division, except those of Chapters 2 and 5, are not applicable to the removal of any regulated tree as part of any of the following situations:
(1) 
Removal as part of a timber operation conducted under the Forest Practice Act of 1973 (California Public Resources Code, Division 4, Part 2, Chapter 8)
(2) 
Removal from lands owned by the United States Government, State of California, or local governmental entity, excluding Special Districts.
(3) 
Removal by any public utility subject to jurisdiction of the Public Utilities Commission or any other constituted public agency, including franchised cable TV where to establish or maintain safe operation of facilities under their jurisdiction, trees are pruned, topped, or braced.
(4) 
Removal by the California Department of Forestry and Fire Protection.
(5) 
Removal under the authority of the following.
(A) 
Forest Improvement Program.
(B) 
California Forest Improvement Program.
(C) 
Agricultural Conservation Program.
(6) 
Removal required by other codes, ordinances, or laws of the City of Yucaipa, the State of California, or the United States.
(7) 
Removal of trees and plants which are an immediate threat to the public health, safety, or welfare and require emergency removal to prevent probable damage to a structure or injury to people or fenced animals.
(8) 
Removal as part of a stocking control program prepared by a California Registered Professional Forester.
(9) 
Removal as part of a fire hazard reduction program approved by the local Fire Authority.
(10) 
Removal as part of a bona fide agricultural activity as determined by the Community Development Director or Planning Commission which subscribes to at least one of the following conditions.
(A) 
Conducted under a land conservation contract; and/or
(B) 
An existing agricultural activity, including expansions of such activity onto undisturbed contiguous land; and/or
(C) 
A proposed bona fide agricultural activity if the City Planner or Planning Commission is given 30 days written notice of the removal describing the location of the land, the nature of the proposed activity, and the proposed sources of water for the activity. The City Planner or Planning Commission shall notify the landowner in writing prior to the elapse of the 30-day period if, in the opinion of the City Planner or Planning Commission, the activity is not a bona fide agricultural activity, or else the activity shall be deemed bona fide. A bona fide agricultural activity is one which is served by a water distribution system adequate for the proper operation of such activity.
(11) 
Removal on lots that have a net area of 20,000 square feet or less, which are developed with a primary structure, other than a sign structure.
(12) 
Any regulated plant or tree that is within 20 feet of a structure on the lot that was constructed or set down under a City development permit.
(13) 
Removal of two or fewer regulated trees in the mountain or valley area per year for private fuel wood purposes; the year shall be measured as the last 12 consecutive months.
(c) 
Conditions. The permits authorized by this Division may be subject to conditions required by the reviewing authority. Such conditions may specify criteria, methods, and persons authorized to conduct the proposed activities which are subject to the permit. Where applicable, regulated trees and plants may be required to be transplanted and/or stockpiled for future transplanting.
(a) 
A removal permit shall be required for the removal of any tree or plant that is subject to the provisions of this Division.
(b) 
A land use application, a building permit, and all other development permits (e.g., grading, mobile home setdowns, etc.) shall consider and include a review of any proposed tree or plant removal. Any approved land use application and/or development permit shall be a permit for the removal of trees or plants, if such land use application or development permit specifically reviews and approves such removals. Such reviews shall consider and require compliance with the provisions of this Division.
(c) 
The reviewing authority may require certification from an appropriate tree expert or plant expert that such tree removals are appropriate, supportive of a healthy environment, and in compliance with the provisions of this chapter.
(d) 
Removals of trees or plants that are not requested in conjunction with a land use application or development permit may be accomplished only under a permit issued by either the Community Development Director, Planning Commission, or local Fire Authority subject to the provisions of this chapter.
(e) 
The Building Official or the Community Development Director shall require a preconstruction inspection prior to approval of development permits.
(f) 
The duration of a plant or tree removal permit, when issued in conjunction with a land use application and/or a development permit, shall be coterminous with the duration of the associated application or permit, unless otherwise specified. The Reviewing Authority shall specify the expiration date for all other tree and/or plant removal permits.
The Reviewing Authority shall authorize the removal of a tree or plant subject to the provisions of this chapter only if the following findings are made.
(a) 
The removal of the tree or plant is justified for one of the following reasons.
(1) 
The location of the tree or plant and/or its dripline interferes with an allowed structure, sewage disposal area, paved area, or other approved improvement or ground disturbing activity.
(2) 
The location of the tree or plant and/or its dripline interferes with the planned improvement of a street or development of an approved access to the subject or adjoining private property.
(3) 
The location of the tree or plant is hazardous to pedestrian or vehicular travel or safety.
(4) 
The tree or plant or its presence interferes with or is causing extensive damage to utility services or facilities, roadways, sidewalks, curbs, gutters, pavement, sewer line(s), drainage or flood control improvements, foundations, existing structures, or municipal improvements.
(5) 
The condition or location of the plant or tree is adjacent to and in such close proximity to an existing or proposed structure that the plant or tree has or will sustain significant damage.
(6) 
In the mountain area only, a Registered Professional Forester must certify in writing that the condition or location of the subject tree is contributing to an overstocked tree stand condition such that its removal will improve the overall health, safety, and vigor of the stand of trees containing the subject tree.
Prior to the issuance of a tree or plant removal permit in conjunction with a development permit and/or approval of a land use application which authorizes such removal, a plot plan shall be approved by the appropriate Review Authority for each site, indicating exactly which trees or plants are authorized to be removed. The required information can be added to any other required plot plan. Prior to issuance of development permits in areas with trees or plants that are subject to the provisions of this Division, a preconstruction inspection shall be conducted by the appropriate authority. Such preconstruction inspections may be combined with any other required inspection.
During construction and prior to final inspection under a development permit, the following standards shall apply unless otherwise approved in writing by a Tree Expert.
(a) 
Tree trunks and plants shall not be enclosed within roof lines or decking.
(b) 
Utilities, construction signs, or other hardware shall not be attached so as to penetrate or abrase any live tree or plant.
(c) 
Grade alterations.
There shall be no grade alterations which bury any portion of a tree or plant or significantly undercut the root system within the dripline.
(a) 
The provisions of Division 1, Chapter 2, shall apply to this Division, including those regarding enforcement and enforcement officers.
(b) 
The provisions of this Division shall be enforced by any authorized member of the Community Development Department, Local Fire Authority and may be enforced by the California Department of Forestry where applicable.
(c) 
Extension of time. If any of the land governed by this Division shall be subject to snow, flooding, or other conditions which shall render compliance with the provisions of this Division within the specified time periods impractical because of inaccessibility, an enforcement officer may extend the period of time for compliance.
(d) 
A peace officer or any authorized enforcement officer may, in the enforcement of this chapter, make arrests without warrant for a violation of this chapter which he or she may witness, and may confiscate regulated trees or plants, or parts thereof which are unlawfully harvested, possessed, sold, or otherwise obtained in violation of this chapter. Also, any designated enforcement officer is hereby authorized and directed to enter in or upon any premises or other place, train, vehicle, or other means of transportation within or entering the State which is suspected of containing or having present therein or thereon plants in violation of this Division in order to examine permits and wood receipts and observe tags and seals and to otherwise enforce the provisions of this chapter.
(e) 
When any power or authority is given by any provision of this chapter to any person, it may be exercised by any deputy, inspector, or agent duly authorized by that person. Any person in whom the enforcement of any provision of this chapter is vested has the power of a peace officer as to that enforcement, which shall include County, State, or Federal agencies with which cooperative agreements have been made by the City to enforce the provisions of this chapter.
(f) 
No person shall remove or damage all or part of any tree or plant on another property without first obtaining notarized written permission from the landowner and any required permits, wood receipts, or tags and seals. Also, it is unlawful for any person to falsify any document offered as evidence of permission to enter upon the property of another to harvest all or parts of a tree or plant, whether it be alive or dead.
(g) 
No person, except as provided in this chapter, shall commence with a disturbance of land (e.g. grading or land clearing) without first obtaining approval to assure that said disturbance will not result in the removal of any regulated trees or plants. Said approval may be in the form of a development permit, a plant harvesting permit, or a tree removal permit issued by the appropriate authority.
Penalties shall be those specified in Division 1, Chapter 2 of the Development Code, and shall include the following and any other penalties specified by individual chapters of this Division.
(a) 
Illegally-removed tree plan fine. In addition to other penalties and fees imposed by this Code or other law, any person, firm, or corporation convicted of a violation of the provisions of this Division shall be guilty of a misdemeanor upon conviction. When one or more plants or trees are removed in violation of the provisions of this Division, the removal of each such separate plant or tree shall be a new and separate offense. The penalty for such offense shall be a fine of not less than $500 nor more then $1,000, or six months in jail, or both. Payment of any penalty herein provided shall not relieve a person, firm, or corporation from the responsibility of correcting the condition resulting from the violation.
(b) 
Illegally-removed tree plan fine replacement penalty.
(1) 
In addition to other penalties imposed by this Code or other law, any person, firm, or corporation convicted of violating the provisions of this Division regarding improper removal of regulated trees or plants shall be required to retain, as appropriate, a tree or Native Plant expert to develop and implement a replacement program. Such expert shall determine the appropriate number, size, species, location, and planting conditions for replacement plants or trees in sufficient quantities to revegetate the illegally disturbed area.
If it is inappropriate to revegetate the illegally disturbed area, another appropriate location (e.g., a public park) may be substituted at the direction of the court.
(2) 
The violator shall post a bond in an amount sufficient to remove and reinstall plant/tree materials that were planted as a part of such a replacement program and failed within two years.
(c) 
Revocation of permits. Upon conviction of a violation of this Division, all tree removal permits issued to the person, firm, or corporation convicted shall be revoked, and no new or additional removal permits shall be satisfied to the permittee for a period of one year from the date of conviction.