The purpose of this Chapter is to establish permitting standards and process for the issuance of take permits for the Western Joshua Tree as authorized pursuant to the Special Order approved by the California Fish and Game Commission pursuant to Fish and Game Code section 2084 on December 10, 2020 ("Special Order"). The Special Order was subsequently approved by the Office of Administrative Law, and went into effect on January 7, 2021. The requirements set forth in this Chapter are intended to protect the public's health, safety, and welfare by ensuring that take permits for the Western Joshua Tree are only issued consistent and compliant with the Special Order. (Ord. 291, 1-19-2021)

The following definitions apply to this Chapter.

 

The Town shall make bi-monthly deposits to the Western Joshua Tree Mitigation Fund, by the fifteenth day of March, May, July, September, November, and January, of all mitigation fees collected during the preceding two (2) calendar months. (Ord. 291, 1-19-2021)

   A.   The Town shall submit to the State Fish and Wildlife Department by the fifteenth day of March, May, July, September, November, and January a bi-monthly report that includes the following information for the preceding two (2) calendar months:

         1.   The number of projects approved by the Town pursuant to Section 9.56.070 that resulted in the removal or relocation of western Joshua trees.

         2.   The number and size class of western Joshua trees that were relocated pursuant to Section 9.56.100.

         3.   The number and size class of western Joshua trees removed and not relocated pursuant to Section 9.56.100.

         4.   The total amount of mitigation fees collected for each of the mitigation categories set forth in Section 9.56.120.

         5.   Documentation that the total amount of mitigation fees listed pursuant to Section 9.56.120 was paid into the Western Joshua Tree Mitigation Fund.

         6.   The number of dead western Joshua trees removed and live trees trimmed pursuant to Section 9.56.130. (Ord. 291, 1-19-2021)

   A.   The Town shall submit an annual report on the survival rates of trees relocated by January 15 of each year beginning in 2022 and continuing for a total of three years. The annual report shall include, at a minimum, the following:

      1.   The total number of western Joshua trees relocated pursuant to Section 9.56.100.

      2.   For each western Joshua tree relocated:

         a.   The street address for the parcel on which the western Joshua tree was relocated. If no street address is available, the property owner may include the assessor's parcel number.

         b.   The date of the relocation.

         c.   Whether the western Joshua tree is alive or dead as of the date of the annual report.

         d.   A photograph of the relocated western Joshua tree in its current condition. (Ord. 291, 1-19-2021)

   A.   The Planning Commission may authorize the take of western Joshua tree associated with developing single-family residences, accessory structures, and public works projects concurrent with its approval of the project and subject to the following conditions, applications, and processes:

      1.   No project shall be eligible to receive take authorization pursuant to this section if it will result in the take of more than ten (10) western Joshua trees from the project site.

      2.   Census

         a.   The project proponent proposing to relocate or remove a western Joshua tree shall cause a census of western Joshua trees to be conducted on the project site by a desert native plant specialist. The census shall tag and count all western Joshua trees on the project site and classify them by size class.

         b.   All applicants shall submit an application to the Department, on forms prescribed by the Department which shall including the following information. Additional information may be required by the Director or by the Planning Commission:

            i.   The name of the desert native plant specialist who conducted the census and the employer of the desert native plant specialist.

            ii.   The name of the desert native plant specialist who will relocate western Joshua trees, if applicable, and the employer of the desert native plant specialist.

            iii.   The date of the census

            iv.   The date or dates of the proposed relocation of western Joshua trees, if applicable.

            v.   A map of the project site that depicts the location of the proposed single-family residence, accessory structure, or public works project; the number and location of all western Joshua trees on the project site; and if applicable, the proposed western Joshua trees for removal, or the proposed placement of each relocated western Joshua tree.

            vi.   Photographs of each western Joshua tree on the project site, including a visual representation of the scale of the height of each tree.

            vii.   Aerial imagery of the site in sufficient detail to identify the property and the western Joshua trees that are on the site and are a part of the application submitted.

            viii.   Narrative written descriptions of each western Joshua tree, its diameter, height, existing health condition and any other information deemed necessary.

      3.   Additional Submittals

         a.   New construction of single-family residential units as well as accessory structures shall require the submittal of all information on plans measuring approximately twenty-four inches by thirty-six inches (24" x 36"), shall be legibly drawn and shall accurately reflect aerial photography and satellite imagery generally available for the subject property.

         b.   All property lines, dimensions, and existing structures, if any, shall be depicted on plans submitted with the application materials.

         c.   Property owners name, mailing address, phone number, and email address.

         d.   Applicant's name, mailing address, phone number and email address.

         e.   Assessor parcel number(s), address, and general location of the property for which the application is submitted.

         f.   General Plan designation and zoning designation of the subject project site.

      4.   Approval Process

         a.   Authorizations for take may only be granted by the Planning Commission in conjunction with approved building permit plans and applications for public works projects, single family residence and accessory structures. Western Joshua tree take approvals and authorizations shall not be granted by the Planning Commission prior to the applicant receiving construction plan approvals. This does not apply to trimming or removal of dead western Joshua trees pursuant to this Chapter. (Ord. 291, 1-19-2021)

To the maximum extent practicable, the project proponent shall avoid take of western Joshua trees on the project site. (Ord. 291, 1-19-2021)

The project proponent shall avoid all ground-disturbing activities within ten feet (10') of any western Joshua tree, unless those activities will be temporary, will not physically impact the western Joshua tree or its root system, and will not disturb the soil to a depth of greater than twelve inches (12"). (Ord. 291, 1-19-2021)

   A.   To the maximum extent feasible, the project proponent shall relocate all western Joshua trees that cannot be avoided to another location on the project site.

   B.   For purposes of this subsection, relocation of a western Joshua tree shall be determined to be infeasible if any of the following applies:

      1.   Relocation of the western Joshua tree on the project site would pose a threat to public health or safety.

      2.   Relocation of the western Joshua tree on the project site would interfere with existing roadways, sidewalks, curbs, gutters, utility lines, sewer lines, drainage improvements, foundations, structures, or setbacks to any of those structures or improvements.

      3.   There is no location on the project site that satisfies the requirements of this Chapter.

   C.   The project proponent shall ensure that relocation of western Joshua trees satisfies the following requirements:

      1.   All relocations of western Joshua trees relocations one (1) meter or greater in height shall be completed by a desert native plant specialist.

      2.   All western Joshua trees to be relocated shall be placed at least twenty-five feet (2') from any existing or proposed structure or improvement and at least ten feet (10') from any other western Joshua tree.

      3.   Within thirty (30) days of completing the relocation, the project proponent shall provide the participating agency with a map of the project site indicating where each western Joshua tree was relocated. (Ord. 291, 1-19-2021)

Subject to the limitations of this Chapter, a project proponent may remove western Joshua trees that cannot feasibly be avoided or relocated pursuant to this Chapter. (Ord. 291, 1-19-2021)

   A.   Prior to applications being presented to the Planning Commission, the project proponent shall pay mitigation fees for deposit into the Western Joshua Tree Mitigation Fund as follows:

   B.   For single-family residence projects and sewer connection projects undertaken on undeveloped parcels and public works projects to erect or construct a new public structure, building, road, or improvement, the project proponent shall pay mitigation fees as follows:

      1.   $2425 for each western Joshua tree four (4) meters or greater in height that is relocated.

      2.   $625 for each western Joshua tree under four (4) meters in height that is relocated.

      3.   $4175 for each western Joshua tree four (4) meters or greater in height that is removed and not relocated.

      4.   $1050 for each western Joshua tree under four (4) meters in height that is removed and not relocated.

   C.   For accessory structure projects undertaken on developed parcels and for public works projects to alter, maintain, or repair an existing public structure, building, road, or improvement, the project proponent shall pay mitigation fees as follows:

      1.   $700 for each western Joshua tree four (4) meters or greater in height that is relocated.

      2.   $175 for each western Joshua tree under four (4) meters in height that is relocated.

      3.   $2100 for each western Joshua tree four (4) meters or greater in height that is removed and not relocated.

      4.   $525 for each western Joshua tree under four (4) meters in height that is removed and not relocated. (Ord. 291, 1-19-2021)

   A.   The Planning Commission may issue a permit to authorize either the removal of a dead western Joshua tree or the trimming of a western Joshua tree. The project proponent or its agent may remove a detached dead western Joshua tree or detached limb of a western Joshua tree. All other removals and all trimming of western Joshua trees authorized by permits issued pursuant to this subsection shall be completed by a desert native plant specialist. Planning Commission may issue a permit in accordance with this section without payment of mitigation fees, provided that the dead western Joshua tree or the limb(s) to be removed:

      1.   Has fallen over and is within thirty feet (30') of a structure; or

      2.   Is leaning against an existing structure; or

      3.   Creates an imminent threat to public health or safety. (Ord. 291, 1- 19-2021)

   A.   A violation of any provision of this Chapter shall constitute a misdemeanor and shall be subject to enforcement pursuant to Title 1 or Chapter 9.82 of the Town Code, or any other method permissible by law.

   B.   A violation of any provision of this Chapter may be punishable by an administrative citation under Chapter 1.04 of this Code in the amount of one thousand dollars ($1,000.00) per western Joshua tree taken or trimmed without a permit. In addition to the payment of an administrative citation, fine, or any other penalty imposed, any person or entity that takes or trims a western Joshua tree without a permit and in violation of this Chapter shall subsequently obtain a permit in accordance with the provisions of this Chapter.

   C.   Any person or entity that takes or trims a western Joshua tree without a permit and in violation of this Chapter, shall submit an application for the requisite permit within thirty (30) days of service of the notice of the violation pursuant to section 1.02.080 of the Town Code. Failure to submit an application for the requisite permit within 30 days of service of notice of the violation, shall constitute a separate violation of this Chapter for which a separate administrative citation, fine, or other penalty may be imposed. Each thirty (30) day period thereafter in which a person or entity fails to submit an application for the requisite permit shall constitute a separate violation of this Chapter for which a separate administrative citation, fine, or other penalty may be imposed. (Ord. 291, 1-19-2021)