Yucaipa City Zoning Code
Division DC9
Plant Protection and Management
§ 89.0101 Purpose.
The City finds that it is in the public interest to promote the continued health of this City’s abundant and diverse plant resources by providing regulations and guidelines for the management of the plant resources in the incorporated areas of the City of Yucaipa on property or combinations of property under private or public ownership for the following purposes:
(a)
To promote and sustain the health, vigor, and productivity of plant life and aesthetic values within the City through appropriate management techniques.
(b)
To conserve the plant life heritage for the benefit of all, including future generations.
(c)
To protect trees and plants from indiscriminate removal and to regulate such activity.
(d)
To provide a uniform standard for appropriate removal of trees and plants in public and private places and streets to promote conservation of these valuable natural resources.
(e)
To protect and maintain water productivity and quality in local watersheds.
(f)
To preserve habitats for rare, endangered, or threatened plants and to protect animals with limited or specialized habitats.
§ 89.0105 Intent.
The general provisions established by this chapter shall apply to all subsequent chapters of this Division, unless specifically exempted.
§ 89.0110 Scope.
(a)
The provisions of this Division shall apply to all private land within the incorporated areas of the City of Yucaipa and to public lands owned by the City, except as specified by the provisions of this Division.
(b)
Exceptions. The provisions of this Division, except those of Chapters 2 and 5, are not applicable to the removal of any regulated tree as part of any of the following situations:
(1)
Removal as part of a timber operation conducted under the Forest Practice Act of 1973 (California Public Resources Code, Division 4, Part 2, Chapter 8)
(2)
Removal from lands owned by the United States Government, State of California, or local governmental entity, excluding Special Districts.
(3)
Removal by any public utility subject to jurisdiction of the Public Utilities Commission or any other constituted public agency, including franchised cable TV where to establish or maintain safe operation of facilities under their jurisdiction, trees are pruned, topped, or braced.
(4)
Removal by the California Department of Forestry and Fire Protection.
(5)
Removal under the authority of the following.
(A)
Forest Improvement Program.
(B)
California Forest Improvement Program.
(C)
Agricultural Conservation Program.
(6)
Removal required by other codes, ordinances, or laws of the City of Yucaipa, the State of California, or the United States.
(7)
Removal of trees and plants which are an immediate threat to the public health, safety, or welfare and require emergency removal to prevent probable damage to a structure or injury to people or fenced animals.
(8)
Removal as part of a stocking control program prepared by a California Registered Professional Forester.
(9)
Removal as part of a fire hazard reduction program approved by the local Fire Authority.
(10)
Removal as part of a bona fide agricultural activity as determined by the Community Development Director or Planning Commission which subscribes to at least one of the following conditions.
(A)
Conducted under a land conservation contract; and/or
(B)
An existing agricultural activity, including expansions of such activity onto undisturbed contiguous land; and/or
(C)
A proposed bona fide agricultural activity if the City Planner or Planning Commission is given 30 days written notice of the removal describing the location of the land, the nature of the proposed activity, and the proposed sources of water for the activity. The City Planner or Planning Commission shall notify the landowner in writing prior to the elapse of the 30-day period if, in the opinion of the City Planner or Planning Commission, the activity is not a bona fide agricultural activity, or else the activity shall be deemed bona fide. A bona fide agricultural activity is one which is served by a water distribution system adequate for the proper operation of such activity.
(11)
Removal on lots that have a net area of 20,000 square feet or less, which are developed with a primary structure, other than a sign structure.
(12)
Any regulated plant or tree that is within 20 feet of a structure on the lot that was constructed or set down under a City development permit.
(13)
Removal of two or fewer regulated trees in the mountain or valley area per year for private fuel wood purposes; the year shall be measured as the last 12 consecutive months.
(c)
Conditions. The permits authorized by this Division may be subject to conditions required by the reviewing authority. Such conditions may specify criteria, methods, and persons authorized to conduct the proposed activities which are subject to the permit. Where applicable, regulated trees and plants may be required to be transplanted and/or stockpiled for future transplanting.
§ 89.0115 Removal permit.
(a)
A removal permit shall be required for the removal of any tree or plant that is subject to the provisions of this Division.
(b)
A land use application, a building permit, and all other development permits (e.g., grading, mobile home setdowns, etc.) shall consider and include a review of any proposed tree or plant removal. Any approved land use application and/or development permit shall be a permit for the removal of trees or plants, if such land use application or development permit specifically reviews and approves such removals. Such reviews shall consider and require compliance with the provisions of this Division.
(c)
The reviewing authority may require certification from an appropriate tree expert or plant expert that such tree removals are appropriate, supportive of a healthy environment, and in compliance with the provisions of this chapter.
(d)
Removals of trees or plants that are not requested in conjunction with a land use application or development permit may be accomplished only under a permit issued by either the Community Development Director, Planning Commission, or local Fire Authority subject to the provisions of this chapter.
(e)
The Building Official or the Community Development Director shall require a preconstruction inspection prior to approval of development permits.
(f)
The duration of a plant or tree removal permit, when issued in conjunction with a land use application and/or a development permit, shall be coterminous with the duration of the associated application or permit, unless otherwise specified. The Reviewing Authority shall specify the expiration date for all other tree and/or plant removal permits.
§ 89.0120 Findings for removal.
The Reviewing Authority shall authorize the removal of a tree or plant subject to the provisions of this chapter only if the following findings are made.
(a)
The removal of the tree or plant is justified for one of the following reasons.
(1)
The location of the tree or plant and/or its dripline interferes with an allowed structure, sewage disposal area, paved area, or other approved improvement or ground disturbing activity.
(2)
The location of the tree or plant and/or its dripline interferes with the planned improvement of a street or development of an approved access to the subject or adjoining private property.
(3)
The location of the tree or plant is hazardous to pedestrian or vehicular travel or safety.
(4)
The tree or plant or its presence interferes with or is causing extensive damage to utility services or facilities, roadways, sidewalks, curbs, gutters, pavement, sewer line(s), drainage or flood control improvements, foundations, existing structures, or municipal improvements.
(5)
The condition or location of the plant or tree is adjacent to and in such close proximity to an existing or proposed structure that the plant or tree has or will sustain significant damage.
(6)
In the mountain area only, a Registered Professional Forester must certify in writing that the condition or location of the subject tree is contributing to an overstocked tree stand condition such that its removal will improve the overall health, safety, and vigor of the stand of trees containing the subject tree.
§ 89.0125 Plot plan requirements.
Prior to the issuance of a tree or plant removal permit in conjunction with a development permit and/or approval of a land use application which authorizes such removal, a plot plan shall be approved by the appropriate Review Authority for each site, indicating exactly which trees or plants are authorized to be removed. The required information can be added to any other required plot plan. Prior to issuance of development permits in areas with trees or plants that are subject to the provisions of this Division, a preconstruction inspection shall be conducted by the appropriate authority. Such preconstruction inspections may be combined with any other required inspection.
§ 89.0130 Construction standards.
During construction and prior to final inspection under a development permit, the following standards shall apply unless otherwise approved in writing by a Tree Expert.
(a)
Tree trunks and plants shall not be enclosed within roof lines or decking.
(b)
Utilities, construction signs, or other hardware shall not be attached so as to penetrate or abrase any live tree or plant.
(c)
Grade alterations.
There shall be no grade alterations which bury any portion of a tree or plant or significantly undercut the root system within the dripline.
§ 89.0140 Enforcement.
(a)
The provisions of Division 1, Chapter 2, shall apply to this Division, including those regarding enforcement and enforcement officers.
(b)
The provisions of this Division shall be enforced by any authorized member of the Community Development Department, Local Fire Authority and may be enforced by the California Department of Forestry where applicable.
(c)
Extension of time. If any of the land governed by this Division shall be subject to snow, flooding, or other conditions which shall render compliance with the provisions of this Division within the specified time periods impractical because of inaccessibility, an enforcement officer may extend the period of time for compliance.
(d)
A peace officer or any authorized enforcement officer may, in the enforcement of this chapter, make arrests without warrant for a violation of this chapter which he or she may witness, and may confiscate regulated trees or plants, or parts thereof which are unlawfully harvested, possessed, sold, or otherwise obtained in violation of this chapter. Also, any designated enforcement officer is hereby authorized and directed to enter in or upon any premises or other place, train, vehicle, or other means of transportation within or entering the State which is suspected of containing or having present therein or thereon plants in violation of this Division in order to examine permits and wood receipts and observe tags and seals and to otherwise enforce the provisions of this chapter.
(e)
When any power or authority is given by any provision of this chapter to any person, it may be exercised by any deputy, inspector, or agent duly authorized by that person. Any person in whom the enforcement of any provision of this chapter is vested has the power of a peace officer as to that enforcement, which shall include County, State, or Federal agencies with which cooperative agreements have been made by the City to enforce the provisions of this chapter.
(f)
No person shall remove or damage all or part of any tree or plant on another property without first obtaining notarized written permission from the landowner and any required permits, wood receipts, or tags and seals. Also, it is unlawful for any person to falsify any document offered as evidence of permission to enter upon the property of another to harvest all or parts of a tree or plant, whether it be alive or dead.
(g)
No person, except as provided in this chapter, shall commence with a disturbance of land (e.g. grading or land clearing) without first obtaining approval to assure that said disturbance will not result in the removal of any regulated trees or plants. Said approval may be in the form of a development permit, a plant harvesting permit, or a tree removal permit issued by the appropriate authority.
§ 89.0145 Penalties.
Penalties shall be those specified in Division 1, Chapter 2 of the Development Code, and shall include the following and any other penalties specified by individual chapters of this Division.
(a)
Illegally-removed tree plan fine. In addition to other penalties and fees imposed by this Code or other law, any person, firm, or corporation convicted of a violation of the provisions of this Division shall be guilty of a misdemeanor upon conviction. When one or more plants or trees are removed in violation of the provisions of this Division, the removal of each such separate plant or tree shall be a new and separate offense. The penalty for such offense shall be a fine of not less than $500 nor more then $1,000, or six months in jail, or both. Payment of any penalty herein provided shall not relieve a person, firm, or corporation from the responsibility of correcting the condition resulting from the violation.
(b)
Illegally-removed tree plan fine replacement penalty.
(1)
In addition to other penalties imposed by this Code or other law, any person, firm, or corporation convicted of violating the provisions of this Division regarding improper removal of regulated trees or plants shall be required to retain, as appropriate, a tree or Native Plant expert to develop and implement a replacement program. Such expert shall determine the appropriate number, size, species, location, and planting conditions for replacement plants or trees in sufficient quantities to revegetate the illegally disturbed area.
If it is inappropriate to revegetate the illegally disturbed area, another appropriate location (e.g., a public park) may be substituted at the direction of the court.
(2)
The violator shall post a bond in an amount sufficient to remove and reinstall plant/tree materials that were planted as a part of such a replacement program and failed within two years.
(c)
Revocation of permits. Upon conviction of a violation of this Division, all tree removal permits issued to the person, firm, or corporation convicted shall be revoked, and no new or additional removal permits shall be satisfied to the permittee for a period of one year from the date of conviction.
§ 89.0201 Purpose.
The City finds that there is a serious danger to the trees in this City from coniferous trees which are cut in land clearing operations and are then allowed to remain exposed and untreated. When coniferous slash material is left untreated against noxious insects, the insects could multiply in such felled trees to later attack and damage the healthy coniferous trees of this City. It is in the public interest to establish standards for the proper treatment and disposition of felled trees to protect against damaging insects (e.g., bark beetles) and diseases.
§ 89.0205 Disposition of coniferous trees.
Every person, firm, or corporation, whether as principal, agent, or employee, which has control of, or right of entry, or of access to, any land in the area described in Section 89.0215, shall comply with the provisions of this chapter. Except as otherwise provided by this chapter, any coniferous tree or portion thereof, including stumps, shall be treated in accordance with one of the methods specified in this section and Section 89.0210 within 15 days after such a tree or portion of such a tree has been cut. In the case of any construction activity, the Building Official or the City Planner shall not approve any development permit inspections until all felled coniferous trees or portions thereof are treated in accordance with the provisions of this section. The Building Official or the City Planner shall require a permittee to obtain, where necessary, a certificate from the local Fire Authority, or appropriately certified Pest Control Adviser, or a Qualified Applicator, that compliance with any measures that are not readily observable by the inspector on the construction site has been made in an acceptable manner.
Felled coniferous trees shall be treated by at least one or a combination of the following measures.
(a)
Remove to a solid waste disposal site specifically designated by the City for such use.
(b)
Burn sufficiently to consume the bark, when allowed by local Fire Protection Agency and Air Pollution Control District.
(c)
Lop and scatter material less than four inches in diameter so that it is piled no higher than 24 inches above the ground, when allowed by the local Fire Protection Agency.
(d)
Remove the bark.
(e)
Chip or grind.
(f)
Split and scatter with bark toward the sun for a minimum of 45 consecutive days or until final inspection is completed, whichever is less.
(g)
Stack in the sun and cover with six mil clear plastic, which has a continuous seal from the outside for at least 180 days.
(h)
Spray with a commercial insecticide for such purposes as approved by the City Planner for such insects and purposes.
(i)
Treat under any other method approved by the enforcement officer in writing.
§ 89.0210 Stump treatment.
Any fresh-cut stumps of any live coniferous trees shall be protected from infection by Annosus Root Rot (Fomes annosus) with borax powder (granular tech, 10 mole) as soon as possible after felling, covering the entire newly-exposed cut and/or broken surface completely with a thin uniform layer of white borax within two hours.
§ 89.0220 Extension of time of enforcement.
If any of the land governed by this chapter is subject to snow or flooding which renders compliance with the provisions of Section 89.0205 within the specified time periods impractical because of inaccessibility to the cut timber, an enforcement officer may extend the period of time for compliance.
§ 89.0301 Purpose.
Additionally, the City finds that it is in the public interest in the valley area to provide for the conservation and wise use of our tree resources through management regulations, guidelines, and enforcement. It is also the purpose of this chapter to augment and coordinate with the State Department of Forestry and Fire Protection’s efforts to properly implement the mandates of the State Forest Practice Act of 1973, as amended.
§ 89.0305 Scope.
(a)
Private tree harvesting. The provisions of this chapter shah apply to all native trees (except for oak trees) growing on private land within the City of Yucaipa and on public land owned by the City of Yucaipa.
(b)
Commercial tree harvesting. The commercial harvesting of trees shall be prohibited, except as allowed by and authorized by the State Department of Forestry and Fire Protection in accordance with the Forest Practice Act of 1973, as amended.
§ 89.0315 Subject trees.
Except as otherwise provided by this Division, any person who intends to remove a living native tree with a six-inch or greater stem diameter, measured at 4.5 feet above the average ground level of the tree base, shall first obtain approval from the City to do so in accordance with the procedures set forth in this Division. For the purposes of the chapter, three or more trees in linear plantings which are 50 feet or greater in length within established windrows or parkway plantings shall be considered to be heritage trees and shall be subject to the provisions of this Division regarding trees.
§ 89.0401 Purpose.
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. Rare, endangered, and threatened plants and animals are most often found in riparian areas. 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 chapter are designed to augment and coordinate with the responsibilities of the California Department of Fish and Game.
§ 89.0405 Scope.
(a)
The provisions of this chapter shall apply to all riparian areas located on private land within the incorporated areas of the City of Yucaipa and to riparian areas on public land owned by the City of Yucaipa, except as specified by Chapter 1 of this Division and this chapter.
(b)
Exceptions.
(1)
The provisions of this chapter 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.
(2)
The provisions of this chapter are not applicable to any area that has an existing man-made impervious structure which is greater than 120 square feet in roof area between the area proposed to be disturbed by a development permit and the bank of a subject stream, as measured in a straight line perpendicular to the centerline of such stream.
§ 89.0410 Subject areas and plants.
The removal of any vegetation within 200 feet of the bank of a stream or in an area indicated as a protected riparian area on an overlay map or Specific Plan shall be subject to a tree or plant removal permit in accordance with the procedures detailed by Chapter 3 of this Division, and shall be subject to environmental review, except as otherwise provided or excepted by the provisions of this Division. For the purposes of this chapter, streams include those shown on United States Geological Survey Quadrangle topographic maps as perennial or intermittent, blue or brown lines (solid or dashed), and river wash areas. Pre-construction inspections shall include the verification of the presence of any riparian vegetation. 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 Chapter 3 of this Division.
§ 89.0501 Purpose.
Further uncontrolled and indiscriminate destruction of oak trees would detrimentally affect the safety and welfare of the citizens of Yucaipa. The conservation program outlined in this chapter contributes to the welfare and aesthetics of the community and retains the great historical and environmental value of these trees. This chapter sets forth the policy of the City to require the conservation of all healthy oak trees unless reasonable and conforming use of the property justifies the removal, cutting, pruning and/or encroachment into the protected zone of an oak tree.
§ 89.0505 Definitions.
(a)
“Cutting”
means the detaching or separating, from a protected tree, any limb, branch or root. Cutting shall include pruning.
(b)
“Damage”
means any action undertaken which causes injury, death, or disfigurement to a tree. This includes, but is not limited to, cutting, poisoning, overwatering, relocation or transplanting a protected tree, or trenching excavating or paving within the protected zone of a tree.
(c)
“Deadwood”
means limbs, branches or a portion of a tree that contains no green leaves during a period of the year when they should be present.
(d)
“Dripline”
shall mean the outermost edge of the tree’s canopy. When depicted on a map, the dripline will appear as an irregular shaped circle that follows the contour of the tree’s branches as seen from overhead.
(e)
“Encroachment”
means any intrusion or human activity into the protected zone of an oak tree including, but not limited to, pruning, grading, excavating, trenching, parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements.
(f)
“Oak tree”
shall mean any oak tree of the Genus Quercus except for Scrub Oak (Quercus dumosa).
(g)
“Oak Tree Conservation and Protection Guidelines” or “Guidelines”
means the policy established by the City Council and the administrative procedures and rules established by the Community Development Director for implementing this chapter.
(h)
“Person”
means any natural person, partnership, firm, corporation, governmental agency or other legal entity.
(i)
“Protected zone”
shall mean a specifically defined area totally encompassing an oak tree within which work activities are strictly controlled. When depicted on a map, the outermost edge of the protected zone will appear as an irregular shaped circle that follows the contour of the dripline of the tree. Using the dripline as a point of reference, the protected zone shall commence at a point five feet (5’) outside of the dripline and extend inward to the trunk of the tree. In no case shall the protected zone be less than fifteen feet (15’) from the trunk of an oak tree.
(j)
“Removal”
means the physical removal of a tree or causing the death of a tree through damaging, poisoning or other direct or indirect action.
(k)
“Routine maintenance”
means actions needed for the continued good health of an oak tree including, but not limited to, removal of deadwood, insect control spraying and watering.
§ 89.0510 Oak Tree Conservation.
Any person who owns, controls, has custody or possession of any real property within the City that is improved or has been approved for development, or which is part of or associated with the City approved development of another piece of property, such as any parcel to be maintained as permanent open space or for recreational purposes, shall maintain all oak tree(s) located thereon in a state of good health pursuant to the Oak Tree Conservation and Protection Guidelines adopted by City Council resolution. Failure to do so will constitute a violation of this article.
§ 89.0515 Permit required.
(a)
Permit required. No person shall cut, remove, encroach into the protected zone, or relocate any oak tree on any public or private property within the City unless a valid oak tree permit has been issued by the City pursuant to the provisions of this chapter and the Oak Tree Conservation and Protection Guidelines. The status of limbs or trees as deadwood or dead trees must be confirmed by an Oak Tree Conservation Consultant.
(b)
Exemptions. A permit is not required to cut or remove a tree(s) under the following circumstances:
(1)
Trees that do not exceed two inches (2”) in diameter when measured at a point four and half feet (4 1/2') above the tree’s natural grade.
(2)
Trees damaged by thunderstorms, windstorms, floods, earthquakes, fires or other natural disasters and determined to be dangerous by the Planning Agency. The Department of Community Development shall be promptly notified of the nature of the emergency and action taken.
(3)
When removal is determined necessary by fire department.
(4)
Trees planted, grown and/or held for sale as part of a licensed nursery business.
(c)
Use of explosives. All tree fellers, tree surgeons, or anyone using explosives within the City limits in connection with the cutting down or removal of any oak tree shall first apply to the City Manager for a permit to do so and shall furnish such bond or insurance as the City Manager shall deem necessary for the protection of the property owner or any other person from any possible damage as a result of such work.
§ 89.0520 Processing of permits.
(a)
Processing. The applicant shall furnish all necessary information as required by the Oak Tree Conservation and Protection Guidelines in a clear and accurate format to the Community Development Department and pay the appropriate filing fee prescribed by City Council resolution. The Community Development Director may approve, deny, or conditionally approve a request for removal of three or fewer oak trees on a single parcel. For requests involving three or fewer trees, the decision of the Director may be appealed to the Planning Commission and the Commission’s decision may be appealed to the City Council pursuant to the provisions of this code. Any request for removal of four or more oak trees on a single parcel shall be reviewed by the Planning Commission which shall make recommendations to the Council which shall approve or deny the permit.
(b)
Standards. An oak tree may be removed based upon one of the following findings by the decisionmaker:
(1)
The condition or location of the oak tree requires cutting to maintain or aid its health, balance or structure.
(2)
The condition of the tree(s) with respect to disease, danger of falling, proximity to existing structures, high pedestrian traffic areas such as parking lots, pedestrian walkways or interference with utility services cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices.
(3)
A permit may be approved when necessary to remove, relocate, cut or encroach into the protected zone of an oak tree to enable the reasonable and conforming use of the subject property which is otherwise prevented by the presence of the tree. Reasonable use of the property shall be determined in accordance with the Oak Tree Conservation and Protection Guidelines.
§ 89.0525 Conditions on removal.
The conditions may be imposed on the permit at the discretion of the decisionmaker including, but not limited to, any of the following:
(a)
A condition requiring the replacement or placement of additional trees on the subject property to offset the impacts associated with the loss of a tree, limbs or encroachment into the protected zone of an oak tree;
(b)
The relocating of a tree on-site or off-site, or the planting of a new tree off-site within the City to offset the loss of a tree;
(c)
A condition requiring an objectively observable maintenance and care program be initiated to insure the continued health and care of oak tree(s) on the property;
(d)
Payment of a fee equal to the replacement cost of the tree or donation of a boxed tree to the City or other public agency to be used elsewhere in the community should a suitable replacement location of the tree not be possible on-site or off-site.
§ 89.0530 Non-liability of City.
Nothing in this ordinance or within the Oak Tree Conservation Guidelines shall be deemed to impose any liability or damages or a duty of care and maintenance upon the City or upon any of its officers or employees. The person in possession of any public property or the owner of any private property shall have a duty to keep the oak trees upon the property and under their control in a safe, healthy condition. Except as provided in Section 89.0515(b), any person who fells a tree located on property possessed, owned or controlled by them is a danger to the safety of themselves, others or structural improvements on-site or off-site shall have an obligation to secure the area around the tree or support the tree, as appropriate to safeguard both persons and improvements from harm.
§ 89.0535 Enforcement.
(a)
Violation, penalty. Any person who cuts, damages, moves, or removes any oak tree within the City or encroaches into the dripline of an oak tree in violation of this chapter shall be deemed guilty of a misdemeanor and upon conviction, may be punished as set forth in Chapter 2 of Division 1 of this Code.
(b)
Violation, restitution. It has been determined that the oak trees within the City are valuable assets to the citizens of this community and to the citizens of the Yucaipa Valley and as a result of the loss or damage to any of these trees, the public should be recompensed. In addition to any penalties provided by subsection (a) above, any person who cuts, damages or removes any tree in violation of the terms of this chapter is responsible for proper restitution and may be required to replace the oak tree(s) so removed or damaged, by the donation of or by replanting two or more oak trees of reasonable equivalent size and value to the tree damaged or removed. The number, size and location of said equivalent replacement oak tree shall be determined by the Community Development Director.
