The purpose of this chapter is to achieve the following objectives:

A.

To recognize defensible space concepts as an ongoing effort to ensure the long term health of the forest and the fire safety of the community:

B.

To promote conservation of existing forest resources, in balance with the need to allow development consistent with the general plan;

C.

To restrict the indiscriminate removal of trees in all age classes and to manage the removal of trees, brush and shrubs in a manner that inhibits the spread of wildfires;

D.

To encourage tree conservation and defensible space concepts, including preservation of existing healthy trees, brush and shrubs where feasible and planting of new trees, throughout the planning, construction, and ongoing maintenance of development projects;

E.

To plan for the conservation of significant stands of trees and eagle perch trees that are critical to maintaining the biodiversity of the forest;

F.

To employ best management practices in implementing defensible space and erosion control standards.

G.

To establish and maintain an optimal level of age and species diversity so as to provide for long-term stability of the forest, in keeping with the climate and biological resources of the surrounding national forest;

H.

To ensure that the forest is maintained in a healthy condition by preventing topping, improper pruning, limbing and removal of trees, brush and shrubs, to avoid excess irrigation, erosion, damage during construction, or other hazards to forest health;

I.

To ensure proper compatibility between trees, brush and shrubs and their planting sites, so as to reduce damage to pavement, structures and forestall potential conflicts with defensible space requirements;

J.

To encourage good forest management on both private and publicly-owned properties; and

K.

To establish procedures for enforcement and penalties for violations of defensible space requirements.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Base of the tree" shall mean the portion of the tree trunk that meets the ground.

"Canopy" shall mean the continuity of cover over the ground surface formed by interconnecting multiple crowns in groups or stands of trees.

"Crown" shall mean the aboveground parts of a tree consisting of the branches, stems, buds, fruits, and leaves.

"Clearing."

1.

"Clearing, intentional" shall mean any act or omission, including the cutting down or removal of all or a substantial part of a tree or other vegetation within the critical root zone with the intent to cause a tree to decline in health and/or die. Such intentional acts shall include but not be limited to damage inflicted upon the root system of a tree by application of toxic substances, by the operation of equipment and vehicles, by storage of materials, by the change of natural grade due to unapproved excavation or filling, by topping or girdling, or by the unapproved alteration of natural physical conditions that are done for the purpose of causing the tree to decline in health and/or die.

2.

"Clearing, negligent" shall mean any act or omission, including the inadvertent cutting or removal of all or a substantial part of a tree or other vegetation within the critical root zone that negligently causes the tree to decline in health and/or die. Such negligent acts shall include a lack of water or proper care, and other acts of negligence, which result in the decline in health or death of a tree.

"Critical root zone" shall mean a circular region measured outward from a tree trunk representing the essential area of the roots that must be maintained or protected for the tree's survival. The circumference of the critical root zone is established by drawing a circle around the base of the tree with one foot of radial distance for every inch of tree diameter at breast height (DBH), except that the minimum critical root zone shall be no less than an eight-foot radius. The critical root zone shall extend to a depth of five feet beneath the surface ground level.

"Coniferous tree" shall mean any tree or non-native tree with needle leaves and a woody cone fruit.

"Construction envelope" shall mean a predetermined area of intrusion, mutually agreed upon by contractor, owner, and city, which shall be shown on the plot plan prior to approval of the plot plan and depicts portions of the project site which may be disturbed during construction, which may include but not be limited to disturbance by grading, construction, storage, and equipment staging.

"Deciduous tree" shall mean a woody plant with broad flat leaves, as opposed to coniferous trees, which at its maturity is at least fifteen (15) feet in height, having a defined crown, and which sheds its leaves annually.

"Diameter at breast height" or "DBH" shall mean the diameter in inches of a tree measured at four and one-half feet above the existing grade. If a tree splits into multiple trunks below four and one-half feet, the trunk is measured at its most narrow point beneath the split.

"Diseased tree" shall mean a tree that is irretrievably diseased or infested with insects or other organisms such that no available treatment can arrest or correct the disease or infestation, as determined by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture.

"Dripline" shall mean an imaginary vertical line extending from the outermost portion of the tree crown to the ground. In cases of asymmetrical tree crowns, the widest portion of the crown shall be used as the radius extending the full circumference of the tree trunk.

"Eagle perch tree" shall mean any tree which, due to its location in the vicinity of Big Bear Lake, its height and form, is used by wintering bald eagles for perching and hunting purposes, as determined by a qualified wildlife biologist or agency (such as U.S. Fish and Wildlife Service or California Department of Fish and Game).

"Girdling" shall mean the choking of a tree branch or trunk by a wire, rope or other inflexible material that has been tightly tied to or around it, such that as the tied limb or trunk increases in girth, the tie fails to expand in diameter and cuts off supplies of nutrients and water to the part of the tree above the tie.

"Landscape areas" shall mean those portions of a building site or development site which are set aside to remain in open space, and which may be planted with trees, shrubs, turf, groundcover or other plant material, or left in a natural state with native vegetation, or any combination thereof.

"Major project," for purposes of this chapter, shall mean any use of land requiring approval of a discretionary land use application leading to the issuance of permits for grading and/or construction, including but not limited to plot plan review, conditional use permit, variance or minor deviation, land subdivision, a modification to such project, or an extension of time for such project; and any project which is subject to environmental review under the California Environmental Quality Act.

"Minor project," for purposes of this chapter, shall mean a project for which a grading permit and/or building permit is sought, but which does not require approval of a discretionary land use application. Such projects include but are not limited to single family residences on existing lots of record, or modifications thereto; grading permits where no construction is proposed; stockpiling permits; and demolition permits.

"Permanent tree protection devices" shall mean permanent structures such as retaining walls or aeration devices that are designed to protect a tree and its root systems throughout its lifetime.

"Qualified tree expert" shall mean a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture.

"Reviewing authority" shall mean the entity that approves development applications or issues permits. In the case of administrative approvals, the reviewing authority shall be planning division staff, subject to appeal to the planning commission. In the case of approvals subject to public hearing requirements, the reviewing authority shall be the planning commission, subject to appeal to the city council.

"Sanitation harvesting" shall mean the removal, prior to development of a site, of those trees which have been determined by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture, Big Bear Fire Department and/or California Department of Forestry, not to be viable over the long term because of over-maturity, insect or disease infestation, a need for thinning to enhance viability of remaining trees, structural defects, trees with dead tops and/or numerous dead limbs, trees that are leaning, trees with deformities such as major forking, swelling and crooks, and other similar conditions.

"Significant stand of trees" shall mean a cluster of trees located on a property so as to create a visually prominent element on the site by virtue of the number and size of the trees in relation to the site and to the pattern of vegetation and development in the vicinity.

"Temporary tree protection devices" shall mean non-permanent structural measures, such as fencing, mulch or berms, installed prior to construction for the purpose of preventing damage to trees during construction.

"Topping" shall mean the practice of cutting back the main trunk or large diameter branches of a tree in a manner that will substantially reduce the overall size of the tree area.

"Tree" shall mean a self-supporting woody plant growing upon the earth that usually provides one main trunk and produces a more or less distinct and elevated crown with many branches. For purposes of this chapter, the term "tree" shall include only those trees that are six inches or greater in DBH.

"Tree cover" shall mean the area directly beneath the crown and within the dripline of a tree.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

A.

The provisions of this chapter shall apply to all property, in every zone district, within the City of Big Bear Lake.

B.

This chapter shall apply to all trees, which are a minimum of twelve (12) inches in diameter at breast height (DBH), including both native and non-native trees.

C.

In cases where an interpretation of wording in this chapter is required, the authority for interpretation shall be the community development director, except that the community development director's decision may be appealed to the planning commission and ultimately to the city council in accordance with the applicable provisions of the Development Code.

D.

The removal of any tree twelve (12) inches or greater DBH shall be subject to review and approval by the city through issuance of a discretionary land use approval or tree removal permit. Any removal of such tree without obtaining the required permit shall be a violation of this chapter. Each tree removed shall be a separate violation.

E.

Intentional or negligent clearing of property which results in the death or decline of trees to the point that such trees must be removed, as determined by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture, shall be a violation of this chapter unless such clearing is done pursuant to an approved permit. Each tree, which is removed or damaged by intentional or negligent clearing to the point that it cannot survive such damage, as determined by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture, shall be a separate violation of this chapter.

F.

The attachment of any signs, notices, or fastening of any wires, cables, spikes, nails, screws, or similar objects to any tree shall be a violation of this chapter. However, in no event shall this section mean to prohibit the hanging of decorative lights, birdhouses, bird feeders, and other similar devices on trees, which do not damage trees.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

A.

Pre-Development Review.

1.

For any major project on land which contains one or more significant stands of trees where it is proposed to remove a significant portion of one or more of these stands of trees, a pre-development review shall be required pursuant to the applicable provisions of the Development Code. The purpose of this review is to ensure that tree conservation is considered early in the planning process with respect to placement of buildings, roads and driveways, parking, utilities, and other site improvements.

2.

A tree delineation map shall be required for the pre-development review meeting with the development review committee. This map shall show existing grades, location and size of groups of similar trees (stands), and any trees which may be significant due to their size.

3.

Conceptual development plans submitted at the pre-development review phase shall show one or more methods of ensuring that tree conservation has been considered in project design. In general, development plans should consider the following:

a.

With the recommendation of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture, new and existing trees may be incorporated into structures or decks. Any recommendations of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture regarding the size, type, or location to ensure viability of such trees shall be included into the project approval.

b.

In evaluating tree preservation with respect to building placement, consider the relative health and viability of trees. Healthy trees of varying ages should be considered for preservation, rather than removing several younger trees in order to save an older specimen tree, which may be over-mature.

B.

Development Review.

1.

For major projects on sites containing existing trees twelve (12) inches or greater DBH; a tree management plan shall be submitted concurrently with the formal application. Failure to provide this information will result in a determination that the application is incomplete. The tree management plan shall contain the following components, except as otherwise waived by the city planner based on inapplicability to the proposed project:

a.

A plan showing the location of each tree twelve (12) inches or greater DBH on the site and within ten (10) feet of the site perimeter.

b.

Existing grades and the base elevation of each tree shown on the plan.

c.

A table keyed to the tree location plan, which indicates species, diameter, condition and health, recommendations on saving or removal of the tree, and any special considerations. This information shall be prepared by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture.

d.

Trees proposed to be removed for sanitation harvesting based on recommendations of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture.

e.

Trees proposed to remain after development, and trees proposed for removal;

f.

Details indicating how remaining trees and their critical root zones will be protected during and after construction. This shall include a delineation of the area in which construction equipment shall be prohibited;

g.

Any proposed grade changes within the drip line of trees to remain, and how trees will be protected from changes in grade through use of permanent tree protection devices;

h.

Locations of construction equipment staging and materials storage during construction;

i.

Locations of proposed-underground utilities or other trenching, including storm drains, sewers, area drains, gas lines, electrical service, cable TV and water mains. All lateral lines serving the site shall be shown and shall be located so as not to damage remaining trees;

j.

Locations of overhead utility lines which could impact existing or proposed trees;

k.

Locations of proposed areas of new landscaping which could impact existing trees, including type of vegetation and irrigation proposed;

l.

Locations of streams, wetlands or drainage courses, and any proposed changes to drainage patterns, which could impact trees;

m.

If deemed appropriate, a photographic record of trees affected by development may be required.

2.

The tree management plan shall be prepared and evaluated in consideration of the following criteria:

a.

Tree locations should be reviewed in relation to planned roads, driveways, pavement, structures, overhead utility lines and underground utility trenches, to ensure that trees will not be damaged by construction or development. If the critical root zone of any existing tree will be significantly damaged during construction, or if the tree will conflict with any structure or improvement, the site should be redesigned or the tree should be removed. At least sixty percent (60%) of the critical root zone should remain undisturbed from construction for any tree proposed to remain on site.

b.

With the recommendation of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture new and existing trees may be enclosed within rooflines or decking of structures. Any recommendations of the California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture regarding the size, type, or location to ensure viability of such trees shall be included into the project approval.

c.

The critical root zone of a tree should not be paved over or encased in planters or other enclosures, which could change the grade at the base of the tree.

d.

Grading or landscaping techniques that involve backfilling of soil around trees is not allowed.

e.

The design of structures, improvements and site grades should conform to the natural topography of the site to the extent feasible, to ensure survival of remaining trees.

f.

Consideration should be given to setting aside a natural vegetation area on the site that will be free from development, instead of trying to save individual trees within developed areas.

g.

Trees that are the best candidates for survival should be identified based on the information provided by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture.

h.

When possible, no paving should be allowed within a distance from the base of the tree of four feet or the diameter of the tree (DBH), whichever is greater. Within the drip line, if a hard surface is required, use of porous materials such as bricks, pavers or other pervious materials should be used.

i.

The proposed site drainage plan should be reviewed for changes to surface water runoff that would affect trees. Final site drainage should not allow surface water to pond around the base of trees.

j.

Utility trenches should avoid the critical root zone of any mature tree to be retained on site, or minimize encroachment to the extent feasible. The width or depth of utility trenches is not a consideration, since the cutting of roots for any size trench may damage a tree severely. To the extent feasible, utilities should be run along the edge of driveways or other paved areas to minimize impacts to trees.

k.

In order to encourage preservation of healthy trees on development sites, the reviewing authority may grant a reduction in the number of required parking spaces for the use(s) proposed within a development project, based on the following criteria:

(i)

For uses requiring ten (10) parking spaces or less on the site, no more than one parking space credit may be granted in exchange for preservation of one or more trees.

(ii)

For uses requiring between eleven (11) and twenty (20) parking spaces on the site, no more than two parking space credits may be granted in exchange for tree preservation, as determined by the reviewing authority.

(iii)

Or uses requiring twenty-one (21) or more parking spaces on site, up to fifteen percent (15%) of the required parking spaces may be reduced in exchange for tree preservation, at a ratio of one parking space for each tree preserved, as approved by the reviewing authority. For the purposes of calculating tree credits, rounding up to the next whole number shall not be allowed.

(iv)

Any trees for which parking space credits are granted shall be determined by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture to be healthy trees with long-term viability. Development plans shall demonstrate tree preservation measures within the final design as well as during construction.

(v)

If a tree for which a parking space credit was granted does not survive in a healthy state thirty-six (36) months after construction is completed, a replacement tree, selected from Exhibit 1 (Trees of Big Bear Valley), shall be required and have a minimum diameter of three to four inches measured at a point one foot above natural grade.

C.

Preparation of Landscape Plans.

1.

All applicants for major projects may be required to prepare landscape plans for city for review and approval which incorporate trees, including new trees, new replacement trees, and existing trees, regardless of whether the development site contains existing trees or is devoid of trees at the time such development is proposed. Required landscape plans may include the following:

a.

A preliminary landscape plan may be required prior to conditional approval by the reviewing authority for a discretionary project; and

b.

A final landscape and irrigation plan may be required for review and approval prior to issuance of any grading or building permits for the project, if required by the reviewing authority. The final landscape and irrigation plan shall be consistent with the conceptual project approved by the reviewing authority, including any conditions of approval.

2.

For any trees over twelve (12) inches DBH on the project site which are proposed for removal, a replacement tree shall be shown on the landscape plans, except as otherwise recommended by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture. Except as recommended by a California Registered Professional or an arborist certified by the Western Chapter of the International Society of Arboriculture, replacement trees shall have a diameter of three to four inches measured at a point one foot above natural grade. All of the replacement trees shall be selected from Exhibit 1, and a minimum of twenty-five percent (25%) of those trees selected shall be Jeffrey pine, except as otherwise approved.

3.

In order to preserve the character of Big Bear Lake's native Jeffrey pine forest and in keeping with the surrounding natural environment, it is strongly encouraged that trees from the list on Exhibit 1 of this chapter be used in the planting plan. Other trees may be used for special effect, provided that at least some native trees are used on each site. Landscaping should include a mixture of ages and species to provide a continual forest canopy with diversity in form, color, and ability to withstand disease and insects.

4.

Trees used within and adjacent to parking lots and paved areas should be chosen to minimize breakup of pavement due to root growth and avoid dropping heavy cones, sap and other materials onto vehicles. All parking areas shall be designed to incorporate shade during summer months and solar exposure during winter months; use of deciduous trees is encouraged. At least one tree for every six parking spaces shall be planted throughout the parking lot, which may include planter islands and/or along the perimeter of the lot, where appropriate.

5.

Adequate area should be provided on site to allow full growth and spread of the tree's canopy at maturity, in order to avoid structural damage or premature tree removal. Conifers in Big Bear Lake may grow thirty-six (36) to forty-eight (48) inches in diameter at the trunk base, and the root spread is never less than the spread of the canopy.

6.

Consideration should be given to shade and sunlight requirements, soil type and moisture, and site runoff in tree placement. Areas where ice melt or similar substances or chemicals will be used for ice removal in winter months should not be allowed to drain into landscape areas containing trees.

7.

Plants placed within the dripline of any native conifer or oak tree shall be drought resistant and require no more water than the native tree. Drip irrigation systems may be used in these areas if irrigation is needed.

8.

Erosion control shall be provided on any disturbed bare areas and cut slopes.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

A.

The following tree protection guidelines shall be incorporated as construction notes into all building plans for major projects including but not limited to the following: site, grading, street improvement, curb, gutter and sidewalk, water quality, drainage, public and private utilities, and any plan that proposes construction that may have an impact on trees to be protected.

B.

All construction plans impacting a tree identified to be retained in the TMP must be approved by a State of California licensed landscape architect, California Registered Forrester or arborist certified by the Western Chapter of the International Society of Arboriculture (ISA).

C.

A pre-construction meeting shall be conducted by the building and safety division prior to commencement of any construction on a site with any existing trees of twelve (12) inches DBH or greater, and the provisions of this section shall be reviewed with the contractor. The contractor shall be required to verify in writing that that he/she was notified of the tree conservation requirements prior to commencing construction. If the applicant wishes to deviate from city requirements based on the recommendations of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture, then the applicant may include the California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture at the meeting. The project landscape architect or arborist shall also attend the pre-construction meeting conducted by the building and safety division and is required to visit the site prior to any trenching or grading activities to verify compliance with the TPM.

D.

Erosion and sedimentation control barriers shall be installed or maintained in a manner which does not result in soil build-up within the critical root zone (CRZ) as defined by Section 17.10.020(E) of the Development Code.

E.

All trees shown to be retained in the TMP shall be protected during construction with chain link fencing, snow fence or fencing of equal, protective value.

F.

Tree protection fences shall be installed prior to the pre-construction meeting and the commencement of any site preparation work (clearing, grubbing, or grading) and shall be maintained throughout all phases of the construction project.

G.

Fences shall completely surround the tree or clusters of trees and be located at the limits of the drip line as defined by Section 17.10.020(K) of the Development Code. In no case shall less than sixty percent (60%) of the CRZ be left unprotected.

H.

Fences shall be maintained throughout the construction project in order to protect the following:

1.

Soil compaction in the drip line areas resulting from vehicular traffic or storage of equipment or material.

2.

Disturbances within the drip line areas due to grade changes or trenching not reviewed and authorized by the City of Big Bear Lake.

3.

Wounds to exposed roots, trunk, or limbs by mechanical equipment.

4.

Other activities detrimental to trees such as chemical storage, concrete truck cleaning, and fires.

I.

Exceptions to installing tree fences at the tree drip line may be permitted in the following cases if a four-inch layer of organic mulch is placed within the drip line of the tree and the plan is approved by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture:

1.

Where trees are close to proposed buildings.

2.

Where there are severe space constraints such as building size or other special requirements.

3.

Where any of the above exceptions result in areas of unprotected root zones those areas should be covered with four inches of organic mulch to minimize soil compaction.

M.

If possible all grading within drip line areas shall be done by hand or with small equipment to minimize root damage prior to grading.

N.

Any roots exposed by construction activity shall be pruned flush with the soil and backfilled with good quality topsoil within one day. If exposed root areas cannot be backfilled within one day, an organic material which reduces soil temperature and minimizes water loss due to evaporation shall be placed to cover the roots until backfill can occur.

O.

Prior to excavation or grade cutting within the CRZ or drip line areas, a clean cut shall be made with a rock saw or similar equipment in a location and to a depth approved by the project landscaper or arborist to minimize damage to remaining roots.

P.

Trees most heavily impacted by construction activities shall be watered deeply once a week with a minimum of five gallons per inch of tree diameter applied at the drip line during periods of hot, dry weather including but not limited to the months of June through October.

Q.

When installing concrete within the CRZ or drip line area, a plastic vapor barrier shall be placed underneath the concrete to prohibit the leaching of lime.

R.

Any trenching required for the installation of landscape irrigation, on and offsite utilities, drainage lines, underground vaults and structures shall whenever possible be located outside the CRZ. In no case shall more than sixty percent (60%) of the CRZ be disturbed.

S.

No landscape topsoil dressing greater than four inches shall be permitted within the CRZ. No topsoil is permitted on root flares of any tree.

T.

Pruning to provide clearance for structures, vehicular traffic, and construction equipment shall take place before construction begins. All pruning must be done according to the standards as outlined in literature provided by the International Society of Arboriculture (ISA Pruning Techniques).

U.

The city has the authority to modify the tree protection plan before or during construction.

V.

Trees approved for removal shall be removed in a manner which does not impact trees to be preserved.

W.

Deviations from the above requirements and negligent damage to trees may be subject to a stop work order and/or subject to revised landscape plan approval as proscribed by Section 17.10.030(D) and (E) of the Development Code.

X.

If any of the trees required to be retained or planted as part of the approved landscaping plan should die within a period of forty-eight (48) months after completion of the activities associated with land disturbance, the owner of the property shall replace the trees within six months at a ratio of one-to-one with an approved tree having a diameter of three to four inches measured at a point one foot above natural grade.

Y.

For multi-family, commercial, and industrial projects only: The city may require surety in the form of a bond or other method as approved by the city planner and city attorney, to ensure that trees to be preserved and/or planted on the site are protected during construction, and remain viable and healthy for twenty-four (24) months after issuance of a final certificate of occupancy.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

A.

Plan Submittal Requirements. For minor projects involving building, grading, paving and/or demolition permits which do not require planning commission approval, and which have the potential to impact or cause removal of existing trees twelve (12) inches or greater DBH, the grading and/or construction plans shall show the following information:

1.

The location, base elevation, DBH, species, condition, and critical root zone of all existing trees, which will be affected by the limits of construction. For purposes of this section, the limits of construction shall include any equipment or materials storage areas and/or temporary drive aisles, utility trenching, and other associated activities. All trees affected by proposed construction, both on the subject site and adjacent properties, shall be shown on the plan.

2.

Indication of which trees are proposed for removal and which trees are proposed to remain.

3.

Locations of proposed structures, paving, utilities, and areas to be protected, in relation to trees.

4.

Any proposed grade changes within the drip line of trees to remain, and how trees will be protected from changes in grade through use of permanent tree protection devices.

B.

Plan Review Standards. In approving grading and construction plans proposing to remove or impact existing trees twelve (12) DBH or greater, the reviewing authority shall ensure that the following conservation measures are shown on the plans:

1.

Site shall be designed so as to avoid removal of existing healthy trees, where feasible. Where some tree removal is necessary to accommodate the proposed development, consideration should be given to conserving significant stands of trees, healthy trees, trees of varying species and ages, and trees which due to their size, shape, location and/or appearance are considered to be significant.

2.

Tree locations should be reviewed in relation to planned roads, driveways, pavement, structures, overhead utility lines and underground utility trenches, to ensure that trees will not be damaged by construction or development. If the root system of any existing tree will be significantly damaged during construction, or if the tree at maturity will conflict with structures, the site should be redesigned or the tree should be removed. At least sixty percent (60%) of the critical root zone should remain undisturbed from construction for any tree proposed to remain on site.

3.

With the recommendation of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture, new and existing trees may be enclosed within rooflines or decking, to avoid future structural damage or injury to the tree. Any recommendations of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture regarding the size, type, or location to ensure viability of such trees shall be included into the project approval.

4.

The base of a tree should not be paved over or encased in planters or other enclosures, which would change the grade at the base of the tree.

5.

Grading or landscaping techniques that involve backfilling soil around trees is not allowed. The original grade should be maintained within the drip line of existing trees.

6.

The design of structures, improvements and site grades should conform to the natural topography of the site to the extent feasible, to ensure survival of remaining trees.

7.

When possible, no paving should be allowed within a distance from the base of the tree of four feet or the diameter of the tree (DBH), whichever is greater. Within the drip line, if a hard surface is required, use of porous materials such as bricks, pavers or other pervious materials should be used.

8.

Every effort should be made to install utility trenches outside the critical root zones. Trenches are to be backfilled as soon as possible.

9.

Where deemed appropriate by the reviewing authority, a condition of approval requiring tree replacement may be applied to the permit in order to achieve the objectives of this chapter.

C.

Tree Conservation During Construction. In order to ensure tree conservation during construction or grading for ministerial projects, the provisions of Section 17.10.45, tree conservation during construction, of this chapter shall be noted on the grading and construction plans.

D.

Approval by Reviewing Authority. Plans submitted pursuant to this section may be approved by the reviewing authority upon finding that:

1.

The plans contain all information required by this section; and

2.

The plans comply with the conservation requirements of this section.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

A.

Except as specified in Paragraphs (E) and (F) of this section, in cases where there is no approval of a discretionary project or a ministerial project, but where removal of one or more trees twelve (12) inches or greater DBH is proposed, the property owner or authorized representative shall be required to obtain a tree removal permit from the City of Big Bear Lake. Approval of discretionary or ministerial projects, which include review of tree conservation plans, shall constitute the tree removal approval and no separate tree removal permit shall be required in these cases.

B.

In cases where removal of one or more healthy trees twelve (12) inches or greater in diameter is proposed for reasons other than those listed in Paragraphs (E) or (F) of this section, the applicant for a tree removal permit shall provide the following information to the city planning division:

1.

The address and assessor's parcel number of the property;

2.

Proof of property ownership, or the permission of the property owner to remove the tree(s);

3.

The number, general location, DBH, species and general condition of each tree proposed for removal;

4.

Photographs of each tree proposed for removal;

5.

A written explanation stating the reason for the proposed tree removal;

6.

The required fee as established by city council.

C.

The request for a tree removal permit shall be evaluated by the city planner or his/her designee, and shall be approved if all of the following findings can be made:

1.

The tree removal is reasonable and beneficial because such removal conforms to policies of the general plan and this chapter, and promotes public health, safety and welfare;

2.

The tree removal will not substantially diminish the overall forest canopy within the vicinity or significantly change the character of the site from that of a mountain environment, such that the purpose and intent of this chapter as set forth in Section 17.10.010 can be met on the site if the permit is granted;

3.

The tree removal will not affect an eagle perch tree; and

4.

An approved tree having a diameter of three to four inches measured at a point one foot above natural grade will be planted on the site for each tree removed, where deemed appropriate by the reviewing authority.

D.

Conditions of approval may be applied to a tree removal permit to ensure that the tree is removed and treated in accordance with recommended practices.

E.

When it has been determined by the Big Bear Lake Fire Protection District or the California Department of Forestry that a tree should be removed because it is in decline, is infested or diseased, has died, is structurally unsound, or poses a threat to buildings, life, safety, and/or property, the fire protection district shall provide written notification to the planning division, which shall serve as a tree removal permit for the property owner, and no fee will be assessed for a tree removal permit in these cases.

F.

When it has been determined by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture or California Department of Forestry that a tree should be removed because it is in decline, is infested or diseased, has died, is structurally unsound, or poses a threat to buildings, life, safety, and/or property, the property owner shall provide documentation of such determination to the City, which shall serve as a tree removal permit and no fee shall be assessed for a tree removal permit in these cases.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

A.

Fire Protection. In compliance with the City of Big Bear Lake Municipal Code Title 8 (Health and Safety) Chapter 8.72 (Refuse and Weed Abatement) it shall be the duty of every owner, occupant and person in control of any land or interest therein in the city to abate there from and from all sidewalks, parkways and from any public highway or any public easement adjacent to such land, all noxious weeds or vegetation, dry grass, Russian thistle (tumbleweeds) dead trees, and all combustible rubbish or vegetation that constitutes a fire hazard, which may endanger or injure neighboring property or the health, safety or well-being of persons or property.

B.

Tree Conservation Requirements. The following requirements shall apply to all properties within the city:

1.

Landscaping material, which requires daily surface watering, shall not be planted within the drip line of native conifer and oak trees. Instead, plants within this area shall be drought resistant and require no more water than the native trees. If any irrigation is needed, drip irrigation shall be used.

2.

Irrigation lines and sprinkler heads shall not be placed so as to spray on tree trunks of native conifer and oak trees. For native conifer and oak trees, irregular deep watering is encouraged, rather than daily surface watering. Every effort should be made to install irrigation trenches outside the critical root zones. Soil should only be compacted where the job engineer requires. Trenches should be backfilled as soon as possible.

3.

No changes to the grade shall occur within the critical root zone of existing trees through construction of retaining walls, cut or fill, or other means, without plan review and approval pursuant to Sections 17.10.040 and 17.10.050 of this chapter.

4.

No pavement shall be installed within the critical root zone of existing native trees without issuance of a plan review and approval pursuant to Sections 17.10.040 and 17.10.050(B)(2) of this chapter.

C.

Defensible Space. It shall be the responsibility of every property owner occupant and person in control of any land interest to abate the accumulation of forest fuels around their property, through implementation of the following measures within ten (10) feet of roads and driveways, and within an area surrounding the dwelling unit(s) from zero to one hundred (100) feet in the front and rear yards, or to the property lines (whichever is less); and between the dwelling unit(s) and side property lines:

1.

Remove all dead trees, and all combustible rubbish, burnable fuels, debris, or noxious material that constitutes a fire, health or safety hazard, or which may endanger or injure neighboring property, or the health, safety, or well-being of persons or property including but not limited to all pine needles and branches on roofs, ground debris, logs and snags, grass four inches and higher, pine needles on the ground down to a two-inch depth, and dead branches in bushes and trees.

Exception: Grass, flammable vegetation and other combustible growth located more than thirty (30) feet from any structure and less than eighteen (18) inches in height may be maintained where necessary to stabilize the soil and prevent erosion.

2.

Cut logs or firewood greater than one cord of wood or one hundred twenty-eight (128) cubic feet shall be located ten (10) feet away from any structure or shall be covered with a fire resistive structure or fabric. Firewood should be stacked away from the drip line of trees.

3.

Thin dense groups of young trees (less than six inches in diameter) to a six to eight foot spacing, measured trunk to trunk. Removal of any live tree with a diameter of more than twelve (12) inches measured at four and one-half feet above the ground requires approval by the city.

4.

In areas with a continuous canopy, any tree taller than forty-five (45) feet should have its branches trimmed back to the trunk if those branches have any portion lower than twelve (12) to fifteen (15) feet from the ground. A tree shorter than forty-five (45) feet should be trimmed to remove any dead branches up one-third of its total height. For non-continuous canopy areas, tree branches shall be pruned to remove limbs located less than six feet above the ground service. A minimum vertical separation between the top of a shrub and the bottom lower branches shall be three times the height of the shrub.

Exception: Deciduous and spruce trees more than fifteen (15) feet from any structure that have all forest litter removed from underneath the base of the tree.

5.

Any branches that have any portions less than ten (10) feet from chimney openings shall be completely trimmed. Branches located within ten (10) feet vertical distance from the roof line that overhang a structure shall be removed.

6.

Cut and/or thinned vegetation shall be disposed of no later than ten (10) days after cutting except that any logs infested with bark beetles shall be treated prior to removal as recommended by the California Department of Forestry, a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture.

7.

A layer of one-quarter inch of borax powder or other approved material shall be spread on the tops of all cut pine, fir and cedar stumps within two hours of cutting, except where stumps are ground to below grade.

8.

All pine needles and leaves shall be removed when within five feet of any structure.

Exception: Up to two inches of dead pine needles, leaves and other soils amendments for soil replenishment and forest safety may be permitted when in the opinion of the fire chief or his/her designee they do not constitute a fire hazard. In deciding whether they present a fire hazard, the fire chief or his/her designee shall consider the proximity of the pine needles and leaves to buildings or structures.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

A.

Municipal Code Section 8.94.010 Native Brush and Shrubs.

1.

It shall be the duty of every owner of real property in the City of Big Bear Lake to abate as a nuisance from such real property and from all parkways, native brush and shrubs, that constitute a fire, health, or safety hazard, or which may endanger or injure neighboring property, or the health, safety, or well-being of persons or property.

2.

Juniper shrubs, Spanish broom, and native brush shall not be planted or maintained within fifteen (15) feet of any building or structure, including, without limitation, any deck or patio. All owners of any real property in the City of Big Bear Lake shall be required to fully comply with this provision by modifying the offending native brush and shrub, which shall be considered a nuisance, from within fifteen (15) feet of any building or structure.

3.

All native brush and shrubs shall be installed and maintained in a manner that minimizes fire risk, including, without limitation, by removing dead branches and twigs at all heights, modifying the lower foliage of branches, and selectively pruning to reduce the density of the plant.

4.

Native brush and shrub shall be installed and maintained with horizontal spacing such that the space between two shrubs (horizontally) shall be a minimum of two times the height of the tallest shrub. Individual shrubs or groups of shrubs clumped together shall be modified so that their diameter does not exceed fifteen (15) feet. Groups of shrubs clumped together with a diameter of fifteen (15) feet or less shall be treated as a single plant.

5.

Paragraphs (B), (C) and (D) of this section shall not apply to an isolated shrub or shrubs that have been heavily modified by thinning and limbing up, nor to activities within the boundaries of a plant conservation easement area, that do not, in the opinion of the fire chief, or his or her designee, constitute a fire hazard. In deciding whether such shrub or shrubs constitute a fire hazard, the fire chief, or his or her designee, shall consider (i) the proximity of the shrub(s) to other buildings or structures; (ii) the types of shrub(s) involved; (iii) the potential threat of the shrub(s) to the public health, welfare and safety; and (iv) any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare, including, without limitation, whether such shrub(s) is endangered, rare or threatened.

6.

Cut and/or thinned vegetation shall be disposed of no later than ten (10) days after cutting.

B.

Municipal Code Section 8.94.020 Environmental Exemptions. The modification of brush or shrubs, as described in this chapter, shall be exempt from the provisions of this chapter if any or all of the following would occur:

1.

The activities would result in the taking of endangered, rare, or threatened plant or animal species. By way of example, and not by way of limitation, the following species of plant are, as of the date of the ordinance adopting this chapter, not threatened or endangered and are subject to the provisions of this chapter:

a.

The arctostaphylos patula species of manzanita.

b.

The cercocarpus ledifolius species of mountain mahogany (brush form) (commonly known in Big Bear Valley as ironwood).

c.

Sage species that occur in the Big Bear Valley.

2.

The activities would result in significant erosion and sedimentation of surface waters. The owner of each piece of real property within the City of Big Bear Lake shall, when performing modifications required by this chapter, keep soil disturbance to a minimum, especially on steep slopes. Erosion control techniques such as leaving root balls intact, minimizing use of motorized equipment and covering exposed disturbed soil areas with mulch or similar materials shall be employed in order to help reduce soil erosion and plant re-growth.

C.

Municipal Code Section 8.94.030 Exceptions to Ordinance.

1.

Nurseries, and other similar agricultural and/or horticultural uses shall be exempt from Chapter 8.94, provided the fire chief, or his or her designee, shall have the discretion to enforce the provisions of this chapter with respect to such businesses as he or she deems necessary to promote the public health, safety and welfare as it relates to fire safety and/or the health of the forest. In using his or her discretion, the fire chief, or his or her designee, shall consider: (i) the health of the brush and/or shrubs involved; (ii) whether the brush and/or shrubs pose a risk to the public health, safety or welfare of the community; (iii) the type of brush and/or shrubs involved: (iv) the owner's maintenance activities involving the brush and/or shrubs; and (v) any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare, including, without limitation, whether such shrub(s) is endangered, rare or threatened.

2.

Up to two inches of dead pine needles, leaves and other soils amendments for soil replenishment and forest safety may be permitted when in the opinion of the fire chief or his/her designee they do not constitute a fire hazard. In deciding whether they present a fire hazard, the fire chief or his/her designee shall consider:

a.

The proximity of the pine needles and leaves to buildings or structures;

b.

The height of the lower branches of shrubbery from the ground (as per Section 8.94.010(C), above);

c.

The condition of the shrubbery, (e.g., free from dead and dying limbs and leaves) (as per Section 8.94.010(C), above);

d.

The sectioning of the shrubbery (as per Section 8.94.010(D), above); and

e.

Any other factors that the fire chief or his/her designee deem relevant when considering the public health, safety and welfare.

D.

Municipal Code Section 8.94.040 Certificate of Compliance Required. Upon the effective date of the ordinance adopting this chapter, the owner of the each piece of real property within the City of Big Bear Lake: (i) As a condition precedent to, the issuance of any discretionary permit or any building permit; or (ii) As a condition precedent to, the issuance of an initial private home rental license (other than the continuous renewal thereof) from the city, shall be required to obtain a "certificate of compliance" from the fire chief, or his or her designee, stating that said property is in compliance with Chapter 8.94 of the City of Big Bear Lake Municipal Code relating to native brush and shrubs.

E.

Municipal Code Section 8.94.050 Precedence Over Other Code Provisions. The provisions of Chapter 8.94 shall supersede any conflicting provisions in the City of Big Bear Lake Municipal Code or Development Code. However, if there is a provision in the California Fire Code, as adopted by the City of Big Bear Lake, that is more stringent than the provisions in this chapter, the California Fire Code provision shall apply.

F.

Municipal Code Section 8.94.060 Enforcement—Parcels Over Five Acres. If there is a parcel of land, or contiguous parcels under the same ownership, that comprise over five acres, native brush and/or shrubs within a forty (40) foot wide strip of land at the boundaries of the land and around any structure, shall be modified and continued to be modified in accordance with Section 8.94.010. Brush and shrub modification in the remaining land other than the forty (40) foot wide perimeter boundary is subject to the discretion of the fire chief, or his or her designee, as he or she deems necessary to promote the public health, safety and welfare as it relates to fire safety. In exercising his or her discretion, the fire chief, or his or her designee, shall consider, without limitation, the following: (i) the type of brush and/or shrubs growing on the property; (ii) the placement of the parcel in relation to other parcels; (iii) the ability of the owner to comply with the chapter's provisions; (iv) the location of the parcel, i.e., whether it is in an high fire-risk area; (v) number of past violations and/or attempts (or lack thereof) to cure such violations;; and (vi) any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare, including, without limitation, whether such shrub(s) is endangered, rare or threatened.

G.

Municipal Code Section 8.94.070 Notice to Abate—Method of Issuance.

1.

It shall be the duty of any individual or public agency as designated in Section 8.94.150 of this chapter, whenever such individual or agency deems it necessary to enforce the provisions set forth in this chapter, to issue a "notice to abate" as follows:

a.

Mail to the owner as shown on the tax rolls. Such mailing shall be U.S. Mail.

b.

By personal service to the occupant, manager or controller of such property.

c.

In the event service cannot be effectuated by at least one method set forth above, by posting a notice in a clearly visible location on the subject property.

2.

An attachment will accompany the "notice to abate" that includes information explaining the provisions of Section 8.94.090 and instructions on how to comply with the provisions. The information shall include, but not be limited to, a map of the extent of potential sensitive shrub resource areas, instructions for determining whether sensitive plant surveys are needed, and instructions for conducting sensitive plant surveys. In addition, educational material regarding sensitive shrub/hemi-parasitic herb species and flammable native brush/shrub species, as well as protection for nesting birds will also be included.

H.

Municipal Code Section 8.94.080 Notice to Abate—Form. The form "Notice to Abate" shall be substantially in the following form:

NOTICE TO ABATE

Date: ___________

Month Day Year

By virtue of Chapter 8.94 of the City of Big Bear Lake Municipal Code YOU ARE HEREBY NOTIFIED TO ABATE from your property described as

_____

Lot, Block, etc.

or located at  _____
Number Street

taken from the County of San Bernardino Assessor's Records, which lists the owner as

_____

Name

of  _____

Address Post Office State Zip Code

specific mentioned items: (describe what specific action(s) need to be taken)

_____

_____

_____

If said items are not abated within thirty (30) days following the date of this notice; or within such additional time required for compliance with Section 8.94.090, Protection of Sensitive Biological Resources; or if there is good cause for the reasons given below as determined by the Fire Chief, or his or her designee, or other duly designated officer as determined by Section 8.94.150, in his or her discretion, when taking into account the public health, safety and welfare, such officer may order said items abated by public employees, a private contractor, or other authorized person. If abatement is to be undertaken by a public employee or private contractor hired by the City a copy of the Notice to Abate shall be forwarded to the Department of Planning to ensure compliance with Section 8.94.090. The cost of the abatement shall be levied and assessed against the property as a special assessment lien, or billed directly to the owner. The property may be sold after three years by the tax collector for unpaid delinquent assessments.

Additional Time for Abatement Granted for Good Cause: Yes _____ No _____

If Yes, _______ ( ) days.

Good Cause:

_____

_____

Initials of Issuing Officer: _______

Any appeal from this order must be brought within twenty-one (21) days following its receipt, and directed to the undersigned officer, who will set the same for hearing before the Fire Protection District Board and notify you of the date of such hearing. The decision by the Fire Protection District Board shall be final.

_____
Name and Title of Issuing Officer

I.

Municipal Code Section 8.94.09 Protection of Sensitive Biological Resources.

1.

Should any owner receive a notice to abate form that mandates the modification of native brush or shrubs other than the following shrub species: juniper, Spanish broom or native brush species: manzanita, service berry, mountain whitethorn, sage, or mountain mahogany and the property falls within the potential sensitive shrub resource area (as set forth in the city's official records, and which may be amended from time to time), a sensitive plant survey will be required for the property prior to any abatement activities. If it [is] unclear whether a particular property falls within the potential sensitive shrub resource area or whether or not sensitive plant surveys are required, the owner must contact the City of Big Bear Lake Planning Department. The city's planning department shall provide requesting owners with a list of qualified surveyors, which list may be updated or revised at the discretion of the city. Ideally, sensitive plant surveys should be conducted between June and August to encompass the blooming periods of those sensitive plants that are the most difficult to detect outside the blooming period; however, the sensitive plant survey can be conducted during other parts of the year (aside from periods when snowfall is covering the ground) if necessary. Upon completion of the survey, the surveyor shall advise the owner as to any known or potential sensitive plants that should be avoided during abatement activities. A form shall be completed at the end of the survey that will provide details as to the results of the survey. The surveyor shall provide a copy of the form to the owner and the planning and fire departments. The owner shall not conduct any modification without prior written approval of the city. All surveys required by this paragraph shall be conducted within a reasonable time, as determined by the fire chief, or designee.

2.

If any native brush modification is required for more than twenty (20) shrubs and vegetation modification activities cannot be performed outside the nesting season (typical nesting season is March 15—August 15), a nesting bird survey shall be performed less than one week prior to vegetation modification activities. Should the owner be required to conduct a nesting bird survey, he/she shall contact the City of Big Bear Lake Planning Department for a list of qualified nesting bird surveyors, which list may be updated or revised at the discretion of the city. Upon completion of the survey, the surveyor shall advise the owner as to any shrub(s) containing nesting birds that should not be modified until the completion of the nesting cycle. A form shall be completed at the end of the survey that will provide details as to the results of the survey. The surveyor shall provide a copy of the form to the owner and the planning and fire departments. The owner shall not conduct any modification without prior written approval of the city. All surveys required by this paragraph shall be conducted within a reasonable time, as determined by the fire chief, or designee.

3.

Any owner receiving a notice to abate form (for any number of shrubs) will also receive a pamphlet pertaining to providing protection for nesting birds. The pamphlet will describe the Migratory Bird Treaty Act, and suggest that if vegetation modification will occur during the nesting season (March 15—August 15), owners need to check for the presence of active bird nests and avoid modification of any vegetation containing an active bird nest (or vegetation within twenty-five (25) feet of the active bird nest) until the young have fledged.

J.

Municipal Code Section 8.94.100 Notice to Abate—Appeal. Any owner may appeal to the fire protection district board within the time for compliance with the order, by an appeal in writing filed with the issuing officer. Timely appeal shall stay any further action until the decision on appeal is rendered. The officer receiving the written appeal shall inform the issuing officer, who shall set the matter for hearing before the fire protection district board and notify the appellant of the date set for such hearing, at least fifteen (15) days prior to such date. It the appellant resides outside the city, the above period of notice shall be at least twenty-one (21) days. The fire protection district board shall act on the appeal, and its decision shall be the final administrative decision.

K.

Municipal Code Section 8.94.110 Appeal Procedure.

1.

When an appellant files for an appeal pursuant to Section 8.94.100, he or she shall pay to the city clerk an appeal fee equal to the current filing fee, which may be set by resolution of the city council from time to time, as needed.

2.

The fire protection district board shall conduct the hearing under such rules of procedure as are appropriate to quasi-judicial proceedings, provided that the appellant and the parties shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath and that the parties shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the fire protection district board. The city shall have the initial burden of proof. In its discretion, the city shall cause a transcript of the hearing to be taken and prepared.

3.

In making its determination, the fire protection district board shall consider the evidence presented by the appellant, as well as evidence presented by the fire chief, or his or her designee. The fire protection district board shall also consider the following factors, without limitation, in making its decision regarding the appeal:

a.

The effect that the fire chief's decision will have on the overall public health, safety and welfare of the City of Big Bear Lake and the community;

b.

The immediate danger and/or threat to the public if the fire chief's decision is not upheld;

c.

The financial hardship to the owner should he or she be required to modify the brush and/or shrubs pursuant to this chapter;

d.

Other adverse effects on the owner should he or she be required to modify the brush and/or shrubs pursuant to this chapter;

e.

The owner's attempts to comply (or lack of attempts to comply) with the provisions of this chapter;

f.

Any or all of the factors the Fire Chief considered in making his or her determination regarding the modification of the brush and/or shrubs;

g.

Any other factors the fire protection district board deems valid in making its determination.

L.

Municipal Code Section 8.94.120 Abatement by City—Procedure.

1.

Except for Subsection (B), if, at the end of the time allowed for compliance in the original "notice to abate," or as extended in cases of appeal, compliance has not been accomplished, the officer issuing the notice may order native brush, as defined in Section 8.94.150(A)(2), or other shrubs to be abated by (i) public officers or employees of the city, or (ii) a private contractor selected and approved by the city manager, or his or her designee, in the manner and under the terms specified the city manager, or his or her designee. Such abatement shall be collected as a special assessment and the real property shall be subject to a special assessment lien. The amount of such lien shall be the actual cost of abatement and disposal of such material, which shall include, without limitation, the actual administrative and staff costs associated with the abatement procedures outlined in this chapter. The city council may set by resolution, from time to time, reasonable hourly rates for administrative and other costs incurred by the city implementing this chapter.

2.

If the officer who issued the "notice to abate" finds that a substantial amount of native brush, as defined in Section 8.94.150(A)(2), or other shrubs have been abated from the land at the end of the compliance period as indicated in the "notice to abate," or as extended in the cases of appeal, the officer shall issue a second "notice to abate" in accordance with the provisions of Sections 8.94.070 and 8.94.080 prior to commencing the city-initiated abatement proceedings as described in Subsection (A); provided however that the mailed delivery method specified in Section 8.94.070(A)(1) for such second notice shall be made by a method that provides for a proof of receipt and tracking.

M.

Municipal Code Section 8.94.130 Abatement by City—Cost Recovery.

1.

Procedure for Payment. When said abatement has been completed, the fire chief, or his or her designee, or officer responsible for the abatement proceedings, shall render to the finance director, or his or her designee, an itemized statement covering work necessary for such abatement. The finance director, or his or her designee, shall pay the same from the general funds of the city, and by mail, the finance director, or his or her designee, shall present to the owner a demand for payment, including interest calculated at the maximum rate permitted by law. Interest will continue to accrue at such rate until the payment is received by the city. If payment is not made on behalf of the owner within sixty (60) days after mailing the bill, the finance director, or his or her designee, shall certify to the county tax collector the unpaid amount, together with the information required by law. The county tax collector shall cause the amount to be entered upon the property from which abatement was accomplished, and the special assessment and tax shall be included upon the next succeeding tax statement. Thereafter, the amounts of the assessment shall be collected at the same time and in the same manner as ordinance municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided for ordinance municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such assessment.

2.

Appeals. Any appeal from these charges must be filed within sixty (60) days from the date of billing from the finance director or receipt of a tax bill which shows abatement charges. The appeal procedure shall be as set forth in Sections 8.94.100 and 8.94.110, and the fire protection district board's decision shall be final. Failure to appeal shall constitute a waiver of any and all claims.

3.

Cancellation of Claim. All or any portion of any such special assessment, penalty, or costs entered, shall on order of the fire protection district board be cancelled by the finance director, or his or her designee, if uncollected, or, except in the case provided for in Subsection (C)(5), refunded by the country treasurer if collected, if it or they were entered, charged or paid:

a.

More than once;

b.

Through clerical error;

c.

Through the error or mistake of the fire protection district board or of the officer, board or commission designated by the fire protection district board to give notice or to destroy the brush or shrubs, in respect to any material fact, including where a cost report erroneously shows that the city abated the brush or shrubs;

d.

Illegally; or

e.

On property acquired after the lien date by the state or by any county, city, school district or other political subdivision, and because of this public ownership, not subject to sale for delinquent taxes.

4.

Procedure for Refund of Payment. No order for a refund under this section shall be made except on a claim:

a.

Verified by the person who paid the special assessment, or his or her guardian, executor, or administrator, or

b.

Filed within three years after making the payment sought to be refunded. The provisions of this section do not apply to cancellations.

N.

Municipal Code Section 8.94.140 Authorization for Fee for Service. The city council may establish by resolution, from time to time, fees for service to recover up to, but no more than, one hundred percent (100%) of the cost of the administering this chapter, which shall include, without limitation, the actual administrative and staff costs associated with the inspection and the abatement procedures outlined in this chapter. The fee shall not exceed the estimated reasonable cost of providing the service for which the fee is charged.

O.

Municipal Code Section 8.94.150 Definitions/Administration and Enforcement.

1.

For the purposes of this chapter, these following terms shall be defined as follows:

a.

"Modify" or "abate" shall mean any action that physically affects a plant, ranging from pruning or thinning to complete removal (other than the removal of the root ball).

b.

"Native brush" shall be defined as manzanita (arctostaphylos patula), service berry, mountain whitethorn, sage and mountain mahogany (cercocarpus ledifolius) (brush form) (commonly known in Big Bear Valley as ironwood), as well as such other species as the fire chief, or his or her designee, may, from time to time, determine constitutes a fire hazard. In making such a determination, the fire chief shall consider, without limitation, the following: (i) the type of native brush and/or shrub species the fire chief, or his or her designee, is considering adding to the definition of "native brush" and whether such species is threatened or endangered; (ii) the fire, health or safety hazard of such native brush and/or shrub species to the City of Big Bear Lake and the surrounding community; (iii) the ability of the native brush and/or shrub species to damage neighboring property; (iv) the ability of the native brush and/or shrub species to adversely impact the health, safety or welfare of persons and/or property; and (v) any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare.

c.

"Owner" shall mean any person, firm, corporation or entity, including without limitation, any homeowner's association, that has any legal or equitable interest in real property, as shown on public records. In the event real property is leased or rented, the lessee or tenant shall be responsible for all obligations imposed on any owner under this Chapter.

d.

"Shrubs" shall mean a woody plant smaller than a tree, usually having multiple permanent stems branching from or near the ground. Shrubs include, without limitation, native brush.

e.

"Vacant lot(s)" shall mean a parcel(s) of property currently undeveloped or unimproved by any building or structure.

f.

"Zone 1" shall mean all developed properties (i.e., not a vacant lot) and vacant lots, south of Highway 18.

g.

"Zone 2" shall include any property within the City of Big Bear Lake not within Zone 1.

2.

Upon the effective date of the ordinance adopting this chapter, the fire chief, or his or her designee, shall immediately begin enforcing the provisions of this chapter with respect to any and all vacant lots, and any and all properties within Zone 1. In determining which properties within such areas to apply this chapter, the fire chief, or his or her designee, shall consider (i) the proximity of the brush and/or shrubs to other buildings or structures; (ii) the types of brush and/or shrubs involved; (iii) the potential threat of the brush and/or shrubs to the public health, welfare and safety; (iv) the determination of any other public agencies as to the fire danger of the area; and (v) any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare.

3.

The fire chief, or his or her designee, shall enforce the provisions of this chapter with respect to any and all properties within Zone 2 as he or she deems necessary for the public health, safety and welfare. In making such a determination, the fire chief, or his or her designee, shall consider (i) the proximity of the brush and/or shrubs to other buildings or structures; (ii) the types of brush and/or shrubs involved; (iii) the potential threat of the brush and/or shrubs to the public health, welfare and safety; (iv) the determination of any other public agencies as to the fire danger of the area; and (v) any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare.

4.

For the purposes of enforcing this chapter, the city may designate any person as its deputy to perform of the duties provided by this chapter, including, but not limited to, the inspection of property, the delivery of notices, the conduct of appeal hearings, or the abatement/modification as required by this chapter, or any combination thereof. Such designee may include, but not be limited to, the fire chief, or his or her designee, any officer of any public agency designated by the city, or any combination thereof.

5.

Any public official or person designated to administer or enforce the chapter shall be authorized to enter upon private property in order to conduct an inspection, post notices, perform abatement/modification, or any other action necessary or convenient to the administration and enforcement of this chapter. In the event a judicial warrant is required, such person or designee shall obtain a warrant pursuant to the California Code of Civil Procedure, Section 1822.50 et seq.

P.

Municipal Code Section 8.94.160 Violation—Penalty.

1.

It shall be a misdemeanor for any owner of any real property to fail to perform any duty required by this chapter, or to fail to comply with the requirements in the "notice to abate" set forth in Section 8.94.080, or to interfere with the performance of the duties specified in this chapter for any of the officers named in this chapter or their deputies, or to refuse to allow any such officers or their deputies or employees, or approved private contractors, to enter upon any premises for the purpose of abating any offending brush and/or shrubs or other material described in this chapter, or to interfere in any manner whatsoever with the officers in the work of abatement provided in this chapter.

2.

Any person, firm, company or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon arrest and conviction or plea of guilty or no contest shall be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment of not more than ninety (90) days, or both such fine and imprisonment.

3.

Each such owner shall be guilty of a separate offense for each and every day during any portion of which any violation of or failure to comply with any provision of this chapter is committed, continued, or permitted by such owner and shall be punishable accordingly.

4.

In addition to the remedies provided by this chapter or elsewhere by law, any condition caused or permitted to exist in violation of any of the provisions of this chapter (including, without limitation, the failure to comply with a notice to abate) shall be deemed a public nuisance and may be enjoined or abated by the city by means of a civil action or administrative abatement.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

A.

Scope. Each proposed residential tentative parcel map or tentative tract map in which an application is deemed complete by the city planner within two years after the effective date of this chapter (with the exception of one-lot condominium subdivisions) shall comply with all applicable requirements of this chapter.

B.

Residential Density. In order to reduce fire hazards, prevent erosion, and to preserve the existing vegetation and visual quality, the density of development for any tentative parcel map or tentative tract map (with the exception of one-lot subdivisions) in sloping hillside areas shall be in compliance with the following criteria:

1.

One to four dwelling units per gross acre on slopes of zero to less than fifteen percent (0 - <15%);

2.

Two dwelling units per gross acre on slopes of fifteen to less than thirty percent (15 - <30%);

3.

One dwelling unit per three gross acres on slopes of greater than thirty to less than forty percent (30 - 40%) gradient;

4.

One dwelling unit per ten (10) gross acres on slopes of forty percent (40%) or greater gradient;

C.

Site and Emergency Access.

1.

Emergency Access. Each development project and each development project phase, except for a development project located exclusively on a cul-de-sac, shall have a minimum of two points of vehicular ingress and egress, designed to county road standards, with a minimum width of twenty-six (26) feet of all-weather surface as defined in the uniform fire code, from existing and surrounding streets. The department may authorize one point of vehicular access to be an emergency access route with an all-weather surface if the department first makes each of the following findings:

a.

Two points of nonemergency access are physically infeasible;

b.

Provisions have been made to reasonably ensure that the emergency access will be maintained; and

c.

Based on the review and consideration of the fire authority's recommendation, the emergency access route will provide adequate vehicular ingress and egress during emergencies.

2.

Private Driveways or Access Roadways. Private driveways or access roadways for residential units shall not exceed one hundred fifty (150) feet in length, unless approved by the fire authority.

D.

Water Supply. Each development project shall provide six-inch or larger circulating (loop) water mains as required by the uniform fire code, proper hydrant location and spacing, and have sufficient water storage capacity to provide the minimum fire flow duration requirements [gallons per minute (GPM) for a minimum number of hours or portions thereof] as specified by the minimum system standards established by the fire authority. Circulating (loop) mains are not required for cul-de-sacs and are not required for subdivisions that exclusively take all access from cul-de-sacs. In areas not served by water purveyors, on-site fire flow and water storage requirements shall be as specified by the uniform fire code.

E.

Access to Water Supplies. There shall be vehicular access, at least twelve (12) feet in width, to within at least ten (10) feet of each static water source, including ponds, lakes, swimming pools, reservoirs and water storage tanks. Access shall be either to a plumbed outlet with two-and-one-half-inch National Hose Thread Fitting, or directly to the source. This requirement shall be waived if the fire authority determines that the water source is sufficiently below the elevation of existing or proposed roads or driveways to make drafting of water from the source through a plumbed outlet infeasible, and that direct vehicular access to the water source would require an impractical extension of a road or driveway.

F.

Fuel Modification Areas.

1.

A permanent fuel modification area shall be required around a development project or portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. In no case shall this area be less than one hundred (100) feet in width as measured from the development perimeter. Where feasible, the area shall be designated as common open space rather than private open space. The recommended width of the fuel modification area shall be determined based on a fuel modification plan.

2.

When a development project is phased, individual phases may be required to provide temporary fuel modification areas, where the development perimeter of a phase is contiguous to a subsequent phase of a project, which in its undeveloped state is a hazardous fire area. The need for a temporary fuel modification area shall be determined by the responsible fire authority and shall be based upon the same considerations described in Subdivision (A), above, for permanent fuel modification areas and the factors addressed in the required fuel modification plan.

G.

National Forest Boundary. Each structure on a lot that was created on or after the effective date of this chapter that abuts a boundary of the San Bernardino National Forest shall be set back at least one hundred (100) feet from the boundary.

H.

Sloping Site Setbacks and Fuel Modification. Each structure proposed in an area with slopes exceeding thirty percent (30%) and thirty (30) feet in height shall comply with the following requirements:

1.

Where a structure is proposed on or within two hundred (200) feet of a slope that is greater than thirty percent (30%) before grading and where the slope is at least thirty (30) feet in height, the vegetation on the slopes shall be treated in a manner so that it becomes a fuel modified area. The fuel-modified area shall be maintained for either the entire slope, or one hundred (100) feet, or to the property line, whichever distance is less for existing parcels or the distance prescribed by a fuel modification plan for new development.

2.

Where grading is utilized that does not conform to the natural slope and the graded area is adjacent to natural ungraded slopes that are greater than thirty percent (30%) in gradient and greater than thirty (30) feet in height, each structure shall be set back at least thirty (30) feet from the edges of the graded area adjacent to the natural ungraded slopes.

I.

Street Name Signs. All public or private streets within or bordering a development project shall have noncombustible and reflective street name signs designed to city standards and visible at all street intersections.

J.

Fire Hydrant Identification. Each fire hydrant shall be identified by a method specified by the fire authority.

K.

Erosion and Sediment Control. Each development project, building permit, grading and any other significant land disturbing activity shall include the installation of erosion control measures in compliance with this Development Code and the requirements of the National Pollution Discharge Elimination System (NPDES).

L.

Building Separation Standards for New Subdivisions. To reduce the exposure and risk from adjacent structural fires and to reduce the potential spread of fire from structure to structure each building on a parcel shall have exterior wall separations of at least thirty (30) feet including those on adjoining parcels except as modified by Subdivision (1) below. Eaves shall be permitted to project into the required setback no more than two feet. No other projections shall be allowed less than five feet to side or rear property lines.

1.

When the exterior walls of accessory buildings not exempt from the California Building Codes or portions thereof are proposed within fifteen (15) feet of interior side lot line, or the exterior wall separation from another structure is less than thirty (30) feet, the outside of each exterior wall or portion thereof shall be constructed with exterior wall coverings that are constructed of noncombustible materials or provide the one-hour fire-resistance-rated construction on the exterior side. Modified one-hour construction shall be approved by the building official. In no case shall exterior wall separations be less than ten (10) feet for all buildings,

M.

Perimeter Access to Fuel Modified and Fire Hazard Areas Adjacent to the National Forest. Fire fighting vehicles shall have adequate access into fuel modified areas of the development perimeter that are adjacent to the National Forest, so that a wildland fire can be contained at the development perimeter and prevented from spreading to structures. Each development project shall provide adequate vehicular access for fire fighting vehicles to the development perimeter of the project along the portion of the development perimeter that is adjacent to either an existing or proposed fuel modified area, a fire hazard area or the National Forest. Provisions shall be made and shall be required, where necessary, through conditions of approval for the development project for the continual maintenance of the areas intended to provide the access. Perimeter access shall be provided, through either of the following measures or through alternate measures as approved by the building official.

1.

The provision of an existing or proposed road along the development perimeter, or portion thereof that is exposed to a fire hazard or fuel modified area, and which is accessible to fire fighting equipment. The road shall be capable of supporting fire-fighting equipment, shall be at least twenty (20) feet in width, and shall not exceed a grade of fourteen percent (14%). The conditions of approval for the development project shall require provisions to ensure that the roadway will be maintained, if it is not within the publicly maintained road system.

2.

Development projects shall provide access ways, at least twelve (12) feet in width, with a grade not to exceed fourteen percent (14%), and capable of supporting fire fighting vehicles, between the development perimeter and proposed or existing streets. Access ways shall be spaced at intervals of no more than an average of three hundred fifty (350) feet along each street. The conditions of approval for the development project shall require specific provisions to ensure that access ways will remain unobstructed and will be maintained. Where feasible, access ways may not be paved and shall be designed so as not to detract from the visual quality of the project.

N.

Length of Cul-De-Sacs. Cul-de-sacs shall not exceed three hundred fifty (350) feet in length and have turn around or hammerhead per the California Fire Code Part 9, Appendix Chapter D.

1.

Limitation of the total number of dwelling units with access to the cul-de-sac shall be limited to no more than fifteen (15), and restriction of further subdivision of parcels and construction of additional independent residential units which have access to the cul-de-sac. These restrictions shall be imposed through conditions of approval of the development project.

2.

The cul-de-sac road will have a paved width of at least forty (40) feet with posted no parking for its entire length, and there is at least one area approximately at the midpoint of the cul-de-sac that serves the same function of a cul-de-sac bulb in allowing fire fighting vehicles adequate room to turn around. This measure may only be utilized if the expansion of the road width will not contribute to slope stability hazards either on-site or off-site.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

Any person, firm, or corporation may appeal any decision made pursuant to this chapter to the planning commission, or if the planning commission served as the reviewing authority, to the city council. Procedures for appeals shall be as described in Section 17.03.110 of the Development Code.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

A.

Except as herein provided, any person, firm, or corporation convicted of violating any provision of this chapter, including but not limited to removal of trees without requisite permits, shall be guilty of a misdemeanor. The city attorney shall have the authority to prosecute any violation of this chapter, which is otherwise a misdemeanor, as an infraction, in the interests of justice. In such cases, the city attorney shall specify in the accusatory pleadings that the offense has been filed as an infraction. Each clearing and/or each unauthorized removal, destruction, or failure to replace a tree shall constitute a separate offense. In addition, the following remedies may be imposed:

1.

Upon conviction of a violation of this chapter, all land use applications, building permits, occupancy, and/or development permits for the subject property upon which a violation of this chapter took place may be suspended until appropriate mitigation measures specified by the city are completed to the city's satisfaction.

2.

The violator may be required to retain and/or pay costs for a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture to develop and implement a tree replacement and/or repair program as appropriate.

3.

In addition to the remedies set forth for criminal violations set forth in Paragraph (5) of this section, the city, at its discretion, may file legal action for damage or destruction to any tree, for tree removal prior to approval of a development project, and for those trees removed in violation of approved plans. A dollar value for tree damage or loss shall be assessed by using a basic value method or replacement cost method as devised by the council of tree and landscape appraisers.

4.

Notwithstanding anything to the contrary contained in this section, the negligent clearing of trees shall be punishable as an infraction.

5.

Any person found in violation of the provisions of this chapter may be subject to the following:

a.

Any person, firm or corporation convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

b.

Any person, firm or corporation convicted of an infraction under the provisions of this chapter shall be punished by:

(i)

A fine of one hundred dollars ($100.00) for a first violation;

(ii)

A fine of two hundred dollars ($200.00) for a second violation of the same provision within one year from the date of the action constituting the previous violation; and

(iii)

A fine of five hundred dollars ($500.00) for each additional violation of the same provision within one year from the date of the action constituting the previous violation.

c.

Each such person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of or failure to comply with any provision of this chapter is committed, continued, or permitted by such person, firm or corporation and shall be punishable accordingly.

d.

In addition to the remedies provided by this chapter or elsewhere by law, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be enjoined or abated by the city by means of a civil action or administrative abatement pursuant to Chapter 8.80 of this Code, and each day such condition continues shall be regarded as a new and separate offense.

e.

Any person, firm or corporation who violates any provision or fails to comply with any requirement or provision of this chapter shall be liable for a civil penalty not to exceed one thousand dollars ($1,000.00) for each violation. Each day of such conduct is a separate and distinct violation. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct the length of time over which the conduct occurred, the assets, liabilities and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant. The civil penalty prescribed by this subsection shall be assessed and recovered and a civil action brought by the city attorney in any court of competent jurisdiction. The civil penalty prescribed by this section may be sought in addition to injunctive relief, specific performance or any other remedy; provided, however, that a civil penalty shall not be sought for any violation for which a criminal prosecution has been commenced.

f.

In any civil, criminal or administrative action or proceeding commenced by the city to abate a nuisance, to enjoin a violation of any provision of this chapter, or to collect a civil penalty imposed either by this chapter, the city shall, if it is the prevailing party, be entitled to recover from the defendant in any such action reasonable attorneys' fees and costs of suit.

B.

Nothing herein shall prevent the city from taking other such lawful action as is necessary to prevent or remedy any violation(s).

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

Exhibit 1
TREES OF BIG BEAR VALLEY

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)