The city finds that it is in the public interest to promote the continued health of this city's abundant and diverse plant resources, by providing regulations and guidelines for the management of the plant resources on property or combinations of property under private or public ownership for the following purposes:

A.

To promote and sustain the health, vigor and productivity of plant life and aesthetic values through appropriate management techniques;

B.

To conserve the native plant life heritage for the benefit of all, including future generations;

C.

To protect native trees and plants from indiscriminate removal, and to regulate such activity;

D.

To provide a uniform standard for appropriate removal of native trees and plants in public and private places and streets to promote conservation of these valuable, natural resources;

E.

To protect and maintain water productivity and quality in local watersheds;

F.

To preserve rare plants and protect animals with limited or specialized habitats.

(Ord. 250 (part), 1997; SBCC § 811.0101)

The general provisions established by this article shall apply to all subsequent articles of this chapter, unless specifically exempted.

(Ord. 250 (part), 1997; SBCC § 811.0105)

A.

The provisions of this chapter shall apply to all private land within the city and to public lands owned by the city except as specified by the provisions of this chapter.

B.

Exceptions. The provisions of this chapter except those of Article II are not applicable to the removal of any regulated native tree or desert native plant when such are removed in accordance with any of the following listed situations, provided they do not remove or provide adequate substitutes for perch trees within identified American Bald Eagle habitat.

1.

Removal as part of a timber operation conducted under the Forest Practice Act of 1973, (California Public Resources Code, Division 4, Part 2, Chapter 8);

2.

Removal from lands owned by the United States Government, state of California or local governmental entity, excluding special districts;

3.

Removal by any public utility subject to jurisdiction of the Public Utilities Commission or any other constituted public agency, including franchised cable TV where to establish or maintain safe operation of facilities under their jurisdiction, trees are pruned, topped or braced;

4.

Removal by the California Department of Forestry and Fire Protection;

5.

Removal under the authority of:

a.

Forest improvement program,

b.

California Forest Improvement Program,

c.

Agricultural conservation program;

6.

Removal required by other codes, ordinances or laws of San Bernardino County, the state of California or the United States;

7.

Removal of native trees and plants which are an immediate threat to the public health, safety or welfare and require emergency removal to prevent probable damage to a structure or injury to people or fenced animals;

8.

Removal as part of a stocking control program prepared by a California Registered Professional Forester;

9.

Removal as part of a fire hazard reduction program approved by the county fire warden and/or a local fire authority;

10.

Removal as part of a bona fide agricultural activity as determined by the agricultural commissioner which is:

a.

Conducted under a land conservation contract, and/or

b.

An existing agricultural activity, including expansions of such activity onto undisturbed contiguous land, and/or

c.

A proposed bona fide agricultural activity if the agricultural commissioner is given thirty (30) days' written notice of the removal describing the location of the land, the nature of the proposed activity, and the proposed sources of water for the activity. The county agricultural commissioner shall notify the landowner in writing prior to the elapse of the thirty (30) day period if, in the opinion of the county agricultural commissioner, the activity is not a bona fide agricultural activity, or else the activity shall be deemed bona fide.

A bona fide agricultural activity is one which is served by a water distribution system adequate for the proper operation of such activity;

11.

Removal on lots that have a net area of twenty thousand (20,000) square feet or less, which are developed with a primary structure, other than a sign structure;

12.

Any regulated native plant or tree that is within twenty (20) feet of a structure on the lot that was constructed or set down under a county development permit;

13.

Removal of two or fewer regulated native trees in the mountain or valley area per year per acre for private fuel wood purposes. The year shall be measured as the last twelve (12) consecutive months.

C.

Conditions. The permits authorized by this chapter may be subject to conditions required by the reviewing authority. Such conditions may specify criteria, methods and persons authorized to conduct the proposed activities which are subject to the permit. Where applicable regulated trees and plants may be required to be transplanted and/or stockpiled for future transplanting.

(Ord. 250 (part), 1997; SBCC § 811.0110)

A.

A removal permit shall be required for the removal of any native tree or plant that is subject to the provisions of this chapter.

B.

A land use application, a building permit and all other development permits (e.g., grading, mobile home set downs, etc.), shall consider and include a review of any proposed native tree or plant removal. Any approved land use application and/or development permit shall be a permit for the removal of native trees or plants, if such land use application or development permit specifically reviews and approves such removals. Such reviews shall consider and require compliance with the provisions of this chapter.

C.

The reviewing authority may require certification from an appropriate tree expert or desert native plant expert that such tree removals are appropriate, supportive of a healthy environment and are in compliance with the provisions of this article.

D.

Removals of native trees or plants that are not requested in conjunction with a land use application or development permit may be accomplished only under a permit issued by either the county agricultural commission or the fire marshal, subject to the provisions of this article.

E.

The building official shall require a preconstruction inspection prior to approval of development permits.

F.

The duration of a plant or tree removal permit when issued in conjunction with a land use application and/or a development permit shall be coterminous with the duration of the associated application or permit, unless otherwise specified. The reviewing authority shall specify the expiration date for all other tree and/or plant removal permits.

(Ord. 250 (part), 1997; Ord. 75 § 2 (part), 1990; SBCC § 811.0115)

The reviewing authority shall authorize the removal of a native tree or plant subject to provisions of this article only if the following findings are made:

A.

The removal of the native tree or plant does not have a significant adverse impact on any proposed mitigation measures, soil retention, soil erosion and sediment control measures, scenic routes, flood and surface water runoff and wildlife habitats (flora and fauna), especially those with limited habitats (e.g., eagles).

B.

The removal of the native tree or plant is justified for one of the following reasons:

1.

The location of the native tree or plant and/or its drip line interferes with the reasonable improvement of the site with an allowed structure, sewage disposal area, paved area or other approved improvement or ground disturbing activity. Also such improvements have been designed in such a manner as to save as many healthy native trees and/or plants as reasonably practicable in conjunction with the proposed improvements;

2.

The location of the native tree or plant and/or its drip line interferes with the planned improvement of a street or development of an approved access to the subject or adjoining private property;

3.

The location of the native tree or plant is hazardous to pedestrian or vehicular travel or safety as determined by the director of transportation, flood control and airports or other county reviewing authority;

4.

The native tree or plant or its presence interferes with or is causing excessive damage to utility services or facilities, roadways, sidewalks, curbs, gutters, pavement, sewer line(s), drainage or flood control improvements, foundations, existing structures, or municipal improvements;

5.

The condition or location of the native plant or tree is adjacent to and in such close proximity to existing or proposed structure that the native plant or tree has or will sustain significant damage.

C.

Joshua trees that are proposed to be removed have been transplanted or stockpiled for future transplanting wherever possible. In the instance of stockpiling the permittee has posted a bond to insure such Joshua trees are transplanted appropriately.

(Ord. 250 (part), 1997; SBCC § 811.0120)

Prior to the issuance of a native tree or plant removal permit in conjunction with a development permit and/or approval of a land use application which authorizes such removal, a plot plan or grading plan shall be approved by the appropriate city review authority for each site indicating exactly which trees or plants are authorized to be removed. The required information can be added to any other required site plan. Prior to issuance of development permits in areas with native trees or plants that are subject to the provisions of this chapter, a preconstruction inspection shall be conducted by the appropriate authority. Such preconstruction inspections may be combined with any other required inspection.

(Ord. 250 (part), 1997; SBCC § 811.0125)

During construction and prior to final inspection under a development permit, the following standards shall apply unless otherwise approved in writing by a tree expert:

A.

Native tree trunks and plants shall not be enclosed within roof lines or decking;

B.

Utilities, construction signs, or other hardware shall not be attached so as to penetrate or abrade any live native tree or plant;

C.

Grade Alterations. There shall be no grade alterations which buries any portion of a native tree or plant or significantly undercuts the root system within the drip line.

(Ord. 250 (part), 1997; SBCC § 811.0130)

Where permits or reviews are required by this chapter and they are not incorporated into other review or permit procedures, fees shall be paid in accordance with the city's fee schedule.

(Ord. 250 (part), 1997; SBCC § 811.0135)

A.

The provisions of this chapter shall be enforced by any authorized member of the community development department, the county agriculture commissioner, the county forestry and fire warden department, and may be enforced by the California Department of Forestry, where applicable.

B.

The following establishes the primary lead responsibility for review and enforcement of the provisions of this chapter for the listed activities and/or areas:

1.

Community development, all plants/trees removed in conjunction with a land/use application or development permit;

2.

County agricultural commissioner.

C.

Extension of Time. If any of the land governed by this chapter shall be subject to snow, flooding, or other condition which shall render compliance with the provisions of this chapter within the specified time periods impractical because of inaccessibility, an enforcement officer may extend the period of time for compliance.

D.

A peace officer or any authorized enforcement officer may, in the enforcement of this article, make arrests without warrant for a violation of this article which he or she may witness, and may confiscate regulated native trees or plants, or parts thereof which are unlawfully harvested, possessed, sold, or otherwise obtained in violation of this article. Also any designated enforcement officer is hereby authorized and directed to enter in or upon any premises or other place, train, vehicle, or other means of transportation within or entering the state, which is suspected of containing or having present therein or thereon native plants in violation of this chapter in order to examine permits and wood receipts and observe tags and seals and to otherwise enforce the provisions of this article.

E.

When any power or authority is given by any provision of this article to any person, it may be exercised by any deputy, inspector, or agent duly authorized by that person. Any person in whom the enforcement of any provision of this article is vested has the power of a peace officer as to that enforcement, which shall include state or federal agencies with which cooperative agreements have been made by the county to enforce the provisions of this article.

F.

No person shall remove or damage all or part of any native tree or plant on another property without first obtaining notarized written permission from the landowner and any required permits, wood receipts or tags and seals. Also it is unlawful for any person to falsify any document offered as evidence of permission to enter upon the property of another to harvest all or parts of a native tree or plant, whether it be alive or dead.

G.

No person, except as provided in this article, shall harvest, offer for sale, destroy, dig up or mutilate or have in his or her possession any regulated native plant or tree, or the living or dead parts of such unless the plant or tree was harvested under a valid permit, and where applicable, a valid wood receipt on his or her person. Any such person shall exhibit the permit, wood receipt, tags and/or seals upon request for inspection by any duly authorized county enforcement officer or any peace officer. No wood receipt or tag and seal is valid unless it is issued with a valid permit and the permit bears the tag number or wood receipt number on its face. Any required tags and seals shall be attached securely to a regulated desert native plant.

H.

No person, except as provided in this article, shall cause a disturbance of land which results in the removal of any regulated native trees or plants (e.g. grading, or land clearing) and which is not in conjunction with any other development permit without first obtaining a native plant harvesting or tree removal permit issued by the appropriate reviewing authority.

(Ord. 250 (part), 1997; SBCC § 811.0140)

Penalties shall be those specified in Chapter 1.12 of this code, and shall include the following and any other penalties specified by individual articles of this chapter.

A.

When one or more plants or trees are removed in violation of the provisions of this chapter, the removal of each such separate plant or tree shall be a new and separate offense. Payment of any penalty herein provided shall not relieve a person, firm or corporation from the responsibility of correcting the condition resulting from the violation.

B.

Illegally Removed Native Tree or Desert Native Plant Replacement Penalty.

1.

In addition to other penalties imposed by this code or other law, any person, firm, or corporation convicted of violating the provisions of this chapter regarding improper removal of regulated native trees or plants shall be required to retain as appropriate, a tree or desert native plant expert to develop and implement a replacement program. Such expert shall determine the appropriate number, size, species, location and planting conditions for replacement plants or trees in sufficient quantities to revegetate the illegally disturbed area.

If it is inappropriate to revegetate the illegally disturbed area another appropriate location (e.g., public parks) may be substituted at the direction of the court.

2.

The violator shall post a bond in an amount sufficient to remove and reinstall plant/tree materials that were planted as a part of such a replacement program and failed within two years.

C.

Revocation of Permits. Upon conviction of a violation of this chapter, all native trees or desert native plant removal permits issued to the person, firm or corporation convicted shall be revoked and no new or additional removal permits shall be issued to the permittee for a period of one year from the date of conviction and additionally in the desert area the permittee shall be required to surrender any unused tags and seals or wood receipts to the agricultural commissioner.

(Ord. 250 (part), 1997; SBCC § 811.0145)

The city finds that it is in the public interest to preserve and protect specified desert native plants and provide for the conservation and wise use of our desert resources, through regulation, guidelines and enforcement that manage the removal or harvesting of such plants. They are also necessary to augment and coordinate with the State Department of Food and Agriculture in its efforts to implement and enforce the Desert Native Plant Act.

(Ord. 250 (part), 1997; SBCC § 811.0401)

A.

The provisions of this article shall apply to all desert native plants growing on private land within the city and to desert native plants growing on public land owned by the city, county of San Bernardino or the state of California, except as specified by Article I of this chapter and as specified by this section.

B.

Except as otherwise provided by this chapter, any person who willfully removes, or harvests or transplants a living desert native plant shall first obtain approval from the county to do so in accordance with the procedures set forth in Sections 16.24.040 or 16.24.110 et seq.

(Ord. 250 (part), 1997; SBCC § 811.0405)

A.

The commercial harvesting of desert native plants shall be prohibited, except as permitted and authorized by the State Department of Food and Agriculture and as specified in the Desert Native Plant Act of 1983, as amended. The San Bernardino County Agricultural Commissioner shall be responsible for the issuance of the appropriate tags, seals and permits required by the state.

1.

Protected desert native plants as specified by Section 16.24.150(B) may only be removed by a scientific or educational institution which has obtained a permit from the county agricultural commissioner for a specified number and species of these plants.

2.

Written permission must be obtained from and signed by the owner of the property on which the plants are located. A copy of the document granting such permission shall be submitted to the county agricultural commissioner prior to issuance of the permit.

B.

An application for a desert native plant commercial harvesting permit shall be filed with the county agricultural commissioner for review and processing. If it is determined that the proposed harvesting would not require an environmental impact report, the agricultural commissioner shall process the permit application in accordance with the provisions of this article. If an environmental impact report is required, the agricultural commissioner shall proceed only after an environmental impact report is certified, the concerns and issues are addressed, and findings made pursuant to law.

(Ord. 250 (part), 1997; SBCC § 811.0410)

The county agricultural commissioner or other reviewing authority shall only authorize the commercial harvesting or transplanting of desert native plants listed in Section 16.24.150(B) subject to the provisions of this article only if one or more of the following findings are made:

A.

The desert native plants are to be transplanted or harvested in a manner approved by the county agricultural commissioner or other reviewing authority, including any requirement for the issuance of plant tag seals and/or wood receipts;

B.

The desert native plant is to be transplanted to another property within the same plant habitat under the supervision of a desert native plant expert and the removal of such plant will not adversely affect the desert environment on the subject site;

C.

Any desert native plant on the site which is determined by the agricultural commissioner or other reviewing authority as requiring transplanting has or will be transplanted or stockpiled for transplanting in accordance with methods approved by the county agricultural commissioner. A desert native plant expert shall supervise and manage any required transplanting of desert native plants;

D.

The harvesting operation has incorporated all mitigation measures, if any, establish by the environmental review action;

E.

The harvesting operator has been notified of the availability of all known plants that are proposed to be removed by construction activity within the vicinity so that these may be used in lieu of those proposed to be harvested.

(Ord. 250 (part), 1997; SBCC § 811.0415)

The following desert native plants are subject to the regulations specified by this chapter. In all cases the botanical names shall govern the interpretation of this article.

A.

Regulated Desert Native Plants. The following desert native plants, or any part thereof except the fruit, shall not be harvested or removed except under a permit issued by the agricultural commissioner or other applicable reviewing authority:

1.

The following desert native plants with stems two inches or greater in diameter or six feet or greater in height:

a.

Dalea, Spinosa (smoketree);

b.

All species of the family Agavaceae (century plants, nolinas, yuccas);

c.

All species of the genus Prosopis (mesquites).

2.

Creosote Rings, ten feet or greater in diameter.

3.

All Joshua trees (mature and immature).

B.

All plants protected or regulated by the State Desert Native Plants Act (i.e., Food and Agricultural Code 80001 et seq.) shall be required to comply with the provisions of those statues prior to the issuance of any county development permit or land use application approval. The county agricultural commissioner is the responsible agency for the issuance of any required wood tags, seals or permits.

(Ord. 250 (part), 1997; SBCC § 811.0420)

This article is applicable only within the city in which these desert native plants grow in a natural habitat.

(Ord. 250 (part), 1997; SBCC § 811.0425)

In addition to the enforcement provisions and penalties prescribed in Article I of this chapter and/or the State Food and Agricultural Code, Division 23, Chapter 7, the following shall apply:

A.

Upon conviction of a violation of this article, all desert native plant harvesting permits issued to the person convicted shall be revoked and the permittee shall be required to surrender any unused tags and seals or wood receipts to the agricultural commissioner and no new or additional permits shall be issued to the permittee for a period of one year from the date of conviction.

B.

Upon the second conviction, all permits issued to the person convicted shall be revoked and the permittee shall be required to surrender any unused tags and seals or wood receipts to the agricultural commissioner and no new or additional permits shall be issued to the permittee at any time in the future from the date of such second conviction.

C.

The reviewing authority may revoke any permit, tags, or seals issued for the purpose of harvesting if the permittee willfully fails to comply with all of the conditions or stipulations of the permit.

D.

Each permit authorizing the harvesting, or possessing of desert native plants or live or dead mesquite, palo verde, or ironwood species of trees which are harvested for wood shall be accompanied by a sufficient number of tags and seals or wood receipt. Such tags, seals, or wood receipts shall be issued, transported, and may be transferred to other parties in accordance with the California Desert Native Plant Act, as amended.

(Ord. 250 (part), 1997; SBCC § 811.0430)

Terms and phrases used within this article shall be defined by Chapter 16.08 and/or as defined by the Food and Agricultural Code. The Food and Agricultural Code definition, if one exists, shall prevail over a conflicting definition in this code.

(Ord. 250 (part), 1997; SBCC § 811.0435)

The city finds that it is in the public interest to promote healthy and abundant riparian habitats. Riparian habitats are located along the sides of canyon bottoms, streams and rivers, providing watershed protection as well as control transmission and storage of natural water supplies. Riparian areas provide a unique wildlife habitat and contribute to an attractive environment. Riparian areas also provide natural soil erosion and sedimentation control protecting stream banks subject to erosion and undercutting. In addition riparian areas provide sufficient shade to reduce temperature and evaporation and the growth of algae in streams. The provisions of this article are designed to augment and coordinate with the responsibilities of the California Department of Fish and Game.

(Ord. 250 (part), 1997; SBCC § 811.0501)

A.

The provisions of this article shall apply to all riparian areas growing on private land within the city and to riparian areas growing on public land owned by the city or county of San Bernardino, except as specified by this chapter.

B.

Exceptions. The provisions of this article are not applicable to emergency flood control district operations or water conservation measures established and authorized by an appropriate independent special district with such responsibility.

(Ord. 250 (part), 1997; SBCC § 811.0505)

Except as otherwise provided or excepted by the provisions of this chapter, the removal of any vegetation within two hundred (200) feet of the bank of a stream indicated as a blue line on a United States Geological Survey Quadrangle (topographic) map or indicated as a protected riparian area on a community or specific plan, shall be subject to a tree or plant removal permit in accordance with the procedures detailed by this chapter for each respective regional area and shall be subject to environmental review. Any necessary conditions of approval for removal of riparian vegetation may be imposed in addition to and in combination with any condition imposed pursuant to this chapter.

(Ord. 250 (part), 1997; SBCC § 811.0510)