Further uncontrolled and indiscriminate destruction of oak trees would detrimentally affect the safety and welfare of the citizens of Yucaipa. The conservation program outlined in this chapter contributes to the welfare and aesthetics of the community and retains the great historical and environmental value of these trees. This chapter sets forth the policy of the City to require the conservation of all healthy oak trees unless reasonable and conforming use of the property justifies the removal, cutting, pruning and/or encroachment into the protected zone of an oak tree.
(a) “Cutting”
means the detaching or separating, from a protected tree, any limb, branch or root. Cutting shall include pruning.
(b) “Damage”
means any action undertaken which causes injury, death, or disfigurement to a tree. This includes, but is not limited to, cutting, poisoning, overwatering, relocation or transplanting a protected tree, or trenching excavating or paving within the protected zone of a tree.
(c) “Deadwood”
means limbs, branches or a portion of a tree that contains no green leaves during a period of the year when they should be present.
(d) “Dripline”
shall mean the outermost edge of the tree’s canopy. When depicted on a map, the dripline will appear as an irregular shaped circle that follows the contour of the tree’s branches as seen from overhead.
(e) “Encroachment”
means any intrusion or human activity into the protected zone of an oak tree including, but not limited to, pruning, grading, excavating, trenching, parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements.
(f) “Oak tree”
shall mean any oak tree of the Genus Quercus except for Scrub Oak (Quercus dumosa).
(g) “Oak Tree Conservation and Protection Guidelines” or “Guidelines”
means the policy established by the City Council and the administrative procedures and rules established by the Community Development Director for implementing this chapter.
(h) “Person”
means any natural person, partnership, firm, corporation, governmental agency or other legal entity.
(i) “Protected zone”
shall mean a specifically defined area totally encompassing an oak tree within which work activities are strictly controlled. When depicted on a map, the outermost edge of the protected zone will appear as an irregular shaped circle that follows the contour of the dripline of the tree. Using the dripline as a point of reference, the protected zone shall commence at a point five feet (5’) outside of the dripline and extend inward to the trunk of the tree. In no case shall the protected zone be less than fifteen feet (15’) from the trunk of an oak tree.
(j) “Removal”
means the physical removal of a tree or causing the death of a tree through damaging, poisoning or other direct or indirect action.
(k) “Routine maintenance”
means actions needed for the continued good health of an oak tree including, but not limited to, removal of deadwood, insect control spraying and watering.
Any person who owns, controls, has custody or possession of any real property within the City that is improved or has been approved for development, or which is part of or associated with the City approved development of another piece of property, such as any parcel to be maintained as permanent open space or for recreational purposes, shall maintain all oak tree(s) located thereon in a state of good health pursuant to the Oak Tree Conservation and Protection Guidelines adopted by City Council resolution. Failure to do so will constitute a violation of this article.
(a)
Permit required. No person shall cut, remove, encroach into the protected zone, or relocate any oak tree on any public or private property within the City unless a valid oak tree permit has been issued by the City pursuant to the provisions of this chapter and the Oak Tree Conservation and Protection Guidelines. The status of limbs or trees as deadwood or dead trees must be confirmed by an Oak Tree Conservation Consultant.
(b)
Exemptions. A permit is not required to cut or remove a tree(s) under the following circumstances:
(1)
Trees that do not exceed two inches (2”) in diameter when measured at a point four and half feet (4 1/2') above the tree’s natural grade.
(2)
Trees damaged by thunderstorms, windstorms, floods, earthquakes, fires or other natural disasters and determined to be dangerous by the Planning Agency. The Department of Community Development shall be promptly notified of the nature of the emergency and action taken.
(3)
When removal is determined necessary by fire department.
(4)
Trees planted, grown and/or held for sale as part of a licensed nursery business.
(c)
Use of explosives. All tree fellers, tree surgeons, or anyone using explosives within the City limits in connection with the cutting down or removal of any oak tree shall first apply to the City Manager for a permit to do so and shall furnish such bond or insurance as the City Manager shall deem necessary for the protection of the property owner or any other person from any possible damage as a result of such work.
(a)
Processing. The applicant shall furnish all necessary information as required by the Oak Tree Conservation and Protection Guidelines in a clear and accurate format to the Community Development Department and pay the appropriate filing fee prescribed by City Council resolution. The Community Development Director may approve, deny, or conditionally approve a request for removal of three or fewer oak trees on a single parcel. For requests involving three or fewer trees, the decision of the Director may be appealed to the Planning Commission and the Commission’s decision may be appealed to the City Council pursuant to the provisions of this code. Any request for removal of four or more oak trees on a single parcel shall be reviewed by the Planning Commission which shall make recommendations to the Council which shall approve or deny the permit.
(b)
Standards. An oak tree may be removed based upon one of the following findings by the decisionmaker:
(1)
The condition or location of the oak tree requires cutting to maintain or aid its health, balance or structure.
(2)
The condition of the tree(s) with respect to disease, danger of falling, proximity to existing structures, high pedestrian traffic areas such as parking lots, pedestrian walkways or interference with utility services cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices.
(3)
A permit may be approved when necessary to remove, relocate, cut or encroach into the protected zone of an oak tree to enable the reasonable and conforming use of the subject property which is otherwise prevented by the presence of the tree. Reasonable use of the property shall be determined in accordance with the Oak Tree Conservation and Protection Guidelines.
The conditions may be imposed on the permit at the discretion of the decisionmaker including, but not limited to, any of the following:
(a)
A condition requiring the replacement or placement of additional trees on the subject property to offset the impacts associated with the loss of a tree, limbs or encroachment into the protected zone of an oak tree;
(b)
The relocating of a tree on-site or off-site, or the planting of a new tree off-site within the City to offset the loss of a tree;
(c)
A condition requiring an objectively observable maintenance and care program be initiated to insure the continued health and care of oak tree(s) on the property;
(d)
Payment of a fee equal to the replacement cost of the tree or donation of a boxed tree to the City or other public agency to be used elsewhere in the community should a suitable replacement location of the tree not be possible on-site or off-site.
Nothing in this ordinance or within the Oak Tree Conservation Guidelines shall be deemed to impose any liability or damages or a duty of care and maintenance upon the City or upon any of its officers or employees. The person in possession of any public property or the owner of any private property shall have a duty to keep the oak trees upon the property and under their control in a safe, healthy condition. Except as provided in Section 89.0515(b), any person who fells a tree located on property possessed, owned or controlled by them is a danger to the safety of themselves, others or structural improvements on-site or off-site shall have an obligation to secure the area around the tree or support the tree, as appropriate to safeguard both persons and improvements from harm.
(a)
Violation, penalty. Any person who cuts, damages, moves, or removes any oak tree within the City or encroaches into the dripline of an oak tree in violation of this chapter shall be deemed guilty of a misdemeanor and upon conviction, may be punished as set forth in Chapter 2 of Division 1 of this Code.
(b)
Violation, restitution. It has been determined that the oak trees within the City are valuable assets to the citizens of this community and to the citizens of the Yucaipa Valley and as a result of the loss or damage to any of these trees, the public should be recompensed. In addition to any penalties provided by subsection (a) above, any person who cuts, damages or removes any tree in violation of the terms of this chapter is responsible for proper restitution and may be required to replace the oak tree(s) so removed or damaged, by the donation of or by replanting two or more oak trees of reasonable equivalent size and value to the tree damaged or removed. The number, size and location of said equivalent replacement oak tree shall be determined by the Community Development Director.