HomeMy WebLinkAboutOrdinances_2554 ORDINANCE NO. 2554
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 12.52
OF THE REDLANDS MUNICIPAL CODE RELATING TO TREES AND TREE
PROTECTION ALONG STREETS AND IN PUBLIC PLACES
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 12.52 of the Redlands Municipal Code is hereby deleted in its entirety
and rewritten to read as follows:
"Chapter 12.52
TREES AND TREE PROTECTION ALONG STREETS AND IN PUBLIC PLACES
Sections:
12.52.010 Purpose of Chapter.
12.52.020 Definitions.
12.52.030 Applicability.
12.52.040 Director Authority,
12.52.050 Superintendent Authority
12.51.060 Appeals of Director or Superintendent Actions
12.52.070 Tree protection guidelines.
12.52.080 Consultation policy.
12.52.090 Protection policy.
12.52.100 Designation of landmark trees.
12.52.110 Designation of native and specimen trees
12.52.120 Obstruction- Trees pruned on private property.
12.52.130 Abuse or mutilation of public trees.
12.52.140 Work on public trees.
12.52.150 Exemptions --No permit required for certain pruning and removal.
12.52.160 Prohibited acts.
12.52.170 Sidewalk and street repair.
12.52.180 Hazards -- Private property.
12.52.190 Protection of trees during improvements.
12.52.200 Attachments to public trees.
12.52.210 Interference.
12.52.220 Prosecution of violations.
12.52.230 Remedies not exclusive.
12.52.010 Purpose of Chapter.
Redlands is graced by the presence of thousands of mature trees that contribute long-term
aesthetic, environmental and economic benefits to the City. Aesthetically, trees offer dimensions in
the form of color, shape, texture, scale and variety. Mature trees are often integral components of
many historic sites and their presence contributes to the site's cultural and historic significance.
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Environmental benefits derived from trees include the filtering of air pollutants, increasing
atmospheric oxygen levels, the stabilization of soils, reducing heat convection, decreasing wind
speed and reducing the negative effects of solar glare. The biological diversity of wildlife and plant
communities is enhanced by the favorable conditions created by trees. The economic benefits
derived from trees include increased property values and additional revenue generated by businesses,
visitors and new residents attracted to the urban forest image of the City. Trees are a major capital
asset of the City and like any valuable community asset,they require appropriate care and protection.
Therefore, it is the purpose of this Chapter to:
A. Preserve and grow Redlands' canopy cover by protecting landmark, native and
specimen, and public trees in specified areas and expanding the protection of street trees and trees
on public property.
B. Safeguard the City's urban forest by providing for the regulation of the protection,
planting, maintenance and removal of public trees in the City.
C. Protect the visual and aesthetic character of the City.
D. Improve and enhance property values by conserving and adding to the distinctive and
unique aesthetic character of the many areas of the City.
E. Improve the quality of life for residents, visitors and wildlife.
F. Create favorable conditions for the protection of designated landmark, native and
specimen, and public trees for the benefit of current and future residents of the City.
G. Maintain and enhance the general health, safety and welfare of the City and its
residents by assisting in counteracting air pollution and in minimizing soil erosion and other related
environmental damage.
12.52.020 Definitions.
For purposes of this Chapter, the following terms are defined as follows:
A "City" means the City of Redlands.
B. "City Manager" means the City Manager of the City or the City Manager's designee.
C. "Director" means the Public Works Director of the City or the Director's authorized
designee.
D. "Hazard" or "hazardous" means a tree, or part of a tree,that has a potential for failure
and falling because of dead, or dying or diseased branches, roots or trunk.
E. "Injure" means any act or omission which substantially affects or seriously
jeopardizes the health of a living tree, in the determination of the Director.
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F. "Landmark tree"means a public tree designated as an historic resource under Chapter
2.62 of this Code as a tree of historic or cultural significance and of importance to the community
due to any of the following factors: It is one of the largest or oldest public trees of the species located
in the City, it has historical significance due to an association with a historic building, site, street,
person or event, or it is a significant outstanding feature of a neighborhood.
G. "Located" or"location" of a tree means that place where any portion of the trunk of
a tree is found at natural grade.
H. "Maintain" or "maintenance" means pruning, trimming, spraying, fertilizing,
watering, and/or treating for disease or injury or any other similar act which promotes growth,
health, beauty and the life of trees.
I. "Master Street Tree Plan" means the comprehensive street tree plan, approved by the
City Council, which lists the official street trees to be planted or replaced for all streets or sections
of streets within the City.
J. "Median" or "traffic island"means a raised area within a street not used for vehicular
traffic.
K. "Medium trees" means those trees attaining a height of thirty to forty-five feet.
L. "Multi-trunk" means any tree with multiple trunks attributed to a single tree. Each
trunk shall be measured at a height of 4%2 feet above natural grade, and the combined diameters of
the trunks shall be used to determine the tree's size for the purposes of this Chapter.
M. "Native tree" means any tree, identified by a certified arborist as native to the local
area, with a trunk more than 8 inches in diameter at a height of 4%2 feet above natural grade that is
identified on a list of native trees approved by the City Council.
N. "Official street tree" means an approved species of street tree designated in the
Master Street Tree Plan.
O. "Park" means all public parks within the City.
P. "Parkway or treelawn" means that part of a street or highway, not covered by
sidewalk or other paving, lying between the property line and the curb or edge of pavement on that
portion of the street or highway used for vehicular traffic.
Q. "Person" means any person, firm,partnership, association, corporation, company or
organization of any kind.
R. "Property owner" means the person owning any property shown by record in the
official records of the County of San Bernardino.
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S. "Pruning" means the appropriate shaping and the removal of dead, dying, diseased,
life interfering and weals branches according to the most recent standards of the International Society
of Arboriculture.
T. "Public place" means streets and public right-of-way, all parks and other grounds
owned by the City.
U. "Public tree"means a tree located in a public place or area under ownership or control
of the City, including,but without limitation, City streets, parkways, open space and parklands.
V. "Specimen tree" means any public tree meeting the criteria established by resolution
of the City Council by species and size of tree which is thereby presumed to possess distinctive form,
size or age and to be an outstanding specimen of a desirable species and to warrant the protections
of this Chapter.
W. "Street" means any public right of way regardless of whether it is described as a
street, avenue,road,boulevard, drive, lane, court,place, alley or by any other such designation. This
includes the entire width of every public way or right-of-way when any part thereof is open to the
use of the public for purposes of vehicular and pedestrian traffic.
X. "Street tree" means any public tree whose trunk is located primarily within any
parkway,public sidewalk, street median,traffic island or other right of way under the ownership or
control of the City by easement, license, fee title or other permissive grant of use.
Y. "Superintendent" means the City's Public Works Operations Manager, the Urban
Forester or any other person designated by the Public Works Director to administer and supervise
the City's public tree programs.
12.52.030 Applicability.
The provisions of this Chapter providing protection for specific trees shall apply as follows,
unless otherwise excepted by provisions of this Chapter.
A. Native and specimen trees, as defined herein.
B. Landmark trees, as defined herein.
C. Public trees, as defined herein.
12.52.040 Director Authoritv.
The Director shall have the authority to:
A. Recommend to the City Council changes or additions to the Master Street Tree Plan;
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B. Recommend to the City's Planning Commission and City Council the size, species
and location of street trees required to be planted by development projects seeking
Planning Commission and City Council approvals;
C. Make determinations on public tree planting,pruning, trimming and removal based
upon evaluations made by a certified arborist, other relevant facts, public health,
welfare and safety concerns and upon established public tree removal criteria.
D. Recommend enforcement of this Chapter through the Code Enforcement Division
of the Redlands Police Department for alleged violations of this Chapter.
E. Affix reasonable conditions, to protect the public health, safety, and welfare to any
approval issued pursuant to this Chapter.
12,52.050 Superintendent Authority.
The Superintendent shall have the authority to:
A. Administer rules and regulations of the Arboricultural Specifications and Standards
of Practice,to govern the planting,maintenance,removal, fertilization,pruning and bracing of trees
on the streets or other public places in the City.
B. The Superintendent shall further have the authority to enforce the provisions of this
Chapter and, in the Superintendent's absence, these duties may be delegated to a qualified alternate
designated by the Director.
C. Formulate a Master Street Tree Plan with the advice and recommendation of the
Parks Commission and the Street Tree Committee. The Master Street Tree Plan shall specify the
species of trees to be planted on each of the streets and other public places within the City. From and
after the effective date of the City Council's adoption of the Master Street Tree Plan, and any
amendment thereof, all planting shall conform thereto. The Superintendent shall consider all existing
and future utility and environmental factors when recommending a specific tree species for streets
and other public places within the City. The Superintendent, with the advice and recommendation
of the Parks Commission and the City's Street Tree Committee, shall have the authority to
recommend amendments to the Master Street Tree Plan to the City Council at any time.
D. Regulate and inspect all planting, trimming, maintenance and removal of trees on
streets and other public places within the City to insure public safety and preserve the aesthetic
character of the City.
E. Regulate and inspect all work done under any approval for tree work issued pursuant
to this Chapter.
F. Affix reasonable conditions, to protect the public health, safety and welfare, to any
approval issued pursuant to this Chapter.
12.52.060 Appeals of Director or Superintendent Actions
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Any person aggrieved by any administrative action taken by the Director or the
Superintendent under this Chapter may appeal from the action, in writing, to the City Manager. If
the action appealed from arises in connection with a request for a permit pursuant to Section
12.52.130 C.2 of this Chapter,the City Manager shall render his or her decision within four(4)hours
of receipt of the appeal. In the appeal of all other matters, the City Manager shall render his or her
decision within three working days of receipt of the appeal. The decision of the City Manager shall
be final
12.52.070 Tree protection guidelines.
Tree protection guidelines are the standards and specifications for the protection of trees
under this Chapter. The tree protection guidelines, and any revision thereto, shall be effective as of
the date of their adoption by resolution of the City Council.
12.52.080 Consultation polices
All departments, agencies and personnel of the City shall consult with the Director prior to
engaging in any action which would require the removal of, or which would otherwise substantially
affect or jeopardize the health of, any public tree. Citrus trees in designated public citrus groves,
under the direction of the Citrus Preservation Commission, are exempt from this consultation policy.
12.52.090 Protection polices
It shall be the policy of the City to protect and maintain mature and healthy public trees.
Special consideration shall be afforded public, landmark, native and specimen trees as set forth in
this Chapter.
12.52.100 Designation of landmark trees.
Any person or City agency may propose to the Director that a public tree meets the criteria
set forth in Section 12.52.020F and should be designated as a City landmark.
12.52.110 Designation of native and specimen trees.
All public trees meeting the definition of native or specimen trees in Section 12.52.020 are
automatically subject to the protections of this Chapter as of the effective date of the ordinance
establishing this Chapter.
12.52.120 Obstruction- Trees pruned on private property.
It shall be a violation of this Chapter to allow any tree, shrub or plant located primarily on
private property to create a hazard or to create danger or likelihood of harm to any public place,
public area,parkway or street or to public health, safety or welfare. It shall be the duty of any person
owning or occupying real property bordering on any street upon which property there may be trees,
to prune such trees in such manner that they will not obstruct or shade the street lights, obstruct the
passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct the view of any street
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or alley intersection. The minimum clearance of any overhanging portion thereof shall be ten feet
over sidewalks and twelve feet over all streets except truck thoroughfares, which shall have a
clearance of sixteen feet.
A. Notice to Prune. Should any person owning real property bordering on any street fail
to prune trees as herein above provided, the Superintendent shall order such person,within ten days
after receipt of written notice, to so prune such trees.
B. Order Required. The order required herein shall be served by mailing a copy of the
order to the last known address of the property owner, by certified mail.
C. Failure to Comply. When a person to whom an order is directed shall fail to comply
within the specified time, it shall be lawful for the City to prune such trees, and the exact cost thereof
shall be assessed to the owner as may be provided for by law.
12.52.130 Abuse or mutilation of public trees.
Unless specifically authorized by the Superintendent, no person shall intentionally damage,
cut,carve, allow any vines to grow more than three feet in height on trunk, transplant, or remove any
publicly owned tree, allow any rope, wire, nails, advertising posters or other contrivance to be
attached to any publicly owned tree; allow any gaseous liquid, or solid substance which is harmful
to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or
the heat thereof will injure any portion of any tree.
12.52.140 Work on public trees.
A. Planting, Maintenance and Removal of Trees. No person shall plant, chemically
spray, fertilize, preserve, prune, remove, cut or otherwise disturb any public tree without first
procuring a permit from the Director. All persons/companies obtaining such permits shall abide by
the Arboricultural Specifications and Standards of Practice and any other rules promulgated by the
Superintendent.
B. Contract Tree Trimming. For those persons willing to bear the cost of trimming street
trees, a licensed tree trimming company may be hired. A license is defined as an appropriate Class
C-27 or related State of California contractor's license and a City business license. Such tree
trimming companies shall have been in business for a minimum of five years and shall have no
verified complaints filed against them to the Better Business Bureau or the Contractor's State
License Board. Such tree trimming companies shall also have a certified arborist on staff. Persons
may contract with such tree trimming companies, to trim public trees fronting their property
provided said person or tree trimming company obtains the required permit from the City. Permits
for tree trimming and removals shall only be issued to authorized tree trimming companies pursuant
to this chapter.
C. Issuance of Permits. The Director or the Superintendent may issue a permit provided
for herein if the proposed work complies with the following criteria:
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1. It is desirable for the aesthetics of the area or neighborhood and the proposed
method of workmanship is of a satisfactory nature; or
2. It addresses a defined and verified public health, welfare and safety concern,
including the removal of dead, dying or diseased trees, trees or branches within
the defined limits of the California Public Utilities Commission clearance
requirements from electrical facilities, trees damaged as a result of a traffic
accident or other accidental cause, and trees causing damage to private or public
property where such damage cannot be remedied without removal of the tree;
or
3. It relates to an approved development project where the subject trees interfere
with the ability of the developer to comply with and implement the approved
conditions of approval; and
4. All work shall comply with the standards established by the International
Society of Arboriculture.
Any permit granted may contain a definite date of expiration and the work shall be completed in the
time and manner provided in the approval. Any permit shall be void if its terms are violated. Permits
are required for any work on public trees unless specifically exempt under this chapter.
D. Notice. Notice of completion of the tree work shall be given within five working
days to the Superintendent for his inspection of the work.
E. Improper Planting. Whenever any tree is planted or set out in conflict with the
provisions of this Chapter, it shall be lawful for the Superintendent to remove or cause removal of
the same, and the cost thereof shall be assessed to the owner as provided by law.
F. Removal, Replanting and Replacement. Wherever it is necessary to remove a tree
or trees from a parkway or treelawn in connection with the paving of a sidewalk, or the paving or
widening of the portion of a street or highway used for vehicular traffic, the City shall require that
such trees be replanted or replaced. In the event conditions prevent planting on the parkway or
treelawn, this requirement will be satisfied if any equivalent number of trees, at least 15-gallon or
greater in size as determined by the Director, and species as approved by the Director, are planted
in an attractive manner on the adjoining property or location designated by the Director.
G. Prohibition Against Removal. No person shall remove a tree from a parkway or
treelawn for the purpose of construction, or for any other reason,without first filing an application
and being issued a permit from the Director or the Superintendent, and without replacing the
removed tree or trees in accordance with this Chapter. Such replacement shall meet the standards
of species and placement as provided for in the permit issued by the Director or the Superintendent.
The person proposing to remove any tree shall bear the cost of removal and replacement of all trees
removed.
H. Permit Fee Required. Before the Director or Superintendent shall issue any permit
to any individual or firm, a permit fee, in the amount established by resolution of the City Council
shall be paid by the applicant, unless the permit fee is specifically waived by this Chapter.
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12.52.150 Exemptions--No permit and/or fee required for certain planting pruning and
removal.
A. No permit is required to prune or remove a tree that is not protected by this Chapter.
B. Where immediate action is required for the protection of life or property, no permit
is required to remove or to injure a public tree which has been determined to be hazardous by the
Director, any police officer or any fire fighter, after inspection of the tree.
C. No permit is required for City employees or its contractors to do the following: to
prune any public trees under the direction of the Director; and to injure or remove any public trees
as the Director has determined is necessary or prudent for the public health, safety or welfare. All
tree removal shall be otherwise consistent with adopted public tree removal criteria.
D. No permit is required to prune, injure or remove a public tree on a project for which
a variance, conditional use permit or design review approval has been obtained from the City prior
to the effective date of the ordinance establishing this Chapter or for a project for which a valid
building permit has been lawfully issued by the City prior to the effective date of the ordinance
establishing this Chapter.
E. No permit fee shall be required from persons or entities who donate and plant public
trees in parkways or other public places, provided there is no City requirement through a
discretionary permit process to plant such public trees. Any trees planted shall conform to the
approved Street Tree List and Master Street Tree Plan. The donation of a tree and planting shall be
considered a gift to the City.
12.52.160 Prohibited acts.
The following are prohibited acts under this Chapter unless expressly exempted:
A. To prune, injure or remove a public tree located anywhere in the City without a
permit issued by the Director.
B. To plant a tree of a species other than an Official Street Tree in a parkway, median
or traffic island.
C. To fail to adhere to the terms and conditions of any permit issued under this Chapter.
D. To fail to adhere to the terms of any public tree protection plan imposed as a
condition of any discretionary land use approval or development agreement with the City.
12.52.170 Sidewalk and street repair.
The repair of sidewalks, curbs, gutters or streets may create a need to prune tree roots to the
extent that the tree is damaged or becomes unstable. When this occurs, the Director,whose decision
shall be final, shall provide for the general health, safety and welfare of the public and remove the
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tree as necessary. Sidewalks, curbs, gutters and other infrastructure shall be maintained by
placement of a temporary asphaltic concrete patch or other suitable material until such times as
permanent repairs can be made.
12.52.180 Placement of Materials on Public Property
No person shall deposit,place, store or maintain upon any public place within the City, any
stone, brick, sand, concrete or other material which may impede the free passage of water, air and
fertilizer to the roots of any tree growing therein, unless issued a permit by the Director.
12.52.190 Protection of trees during improvements.
During the constiuction,repair, alteration,relocation or removal of any building or structure
in the City, no person in control of such work shall leave any landmark, native, specimen or other
public tree without sufficient guards or protections to prevent injury to the public landmark,native,
specimen or other public tree, in connection with such construction, repair, alteration,relocation or
removal and it shall be a violation of this Chapter to do so. All trees on any street or other public
place near any excavation or construction of any building, structure or street work, shall be guarded
with a substantial fence, frame or box not less than four feet high and eight feet square, or at a
distance in feet from the tree equal to the diameter of the trunk in inches at breast height, whichever
is greater, and all building material, dirt or other debris shall be kept outside that barrier. No person
shall excavate any ditches,tunnels,trenches, or lay any driveway within a radius of ten feet from any
public tree without first obtaining a permit from the Director.
12.52.200 Attachments to public trees.
No person shall, without a permit issued by the Director, attach or keep attached to any
public tree, street tree, shrub or plant in any street, park or other public place of the City, or to the
guard or stake intended for the protection there of, any wire, rope, sign, nail or any other device.
12.52.210 Interference.
No person shall hinder,prevent, delay or interfere with any City employee or City contractor
acting under this Chapter.
12.52.220 Prosecution of violations.
A violation of any provision of this Chapter may be prosecuted as a misdemeanor or
infraction, at the option of the City Attorney, as the interests of justice warrant.
12.52.230 Remedies not exclusive.
To the maximum extent permitted by law, the administrative remedies specified in this
Chapter are in addition to, and do not supersede or limit, any and all other remedies of the City for
violation of this Chapter whether civil or criminal. The remedies provided for herein shall be
cumulative and not exclusive."
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SECTION 2: The Mayor shall sign this ordinance and the City Cleric shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter this
ordinance shall take effect as provide by law.
Susan Nppler, Mayor
ATTEST:
Lorri Poyzer,
t C erk
I, Lorrie Poyzer, City Cleric of the City of Redlands, hereby certify that the foregoing ordinance
was duly adopted by the City Council at a regular meeting thereof held on the 20th day of April,
2004, by the following vote:
AYES: Councihnenibers Gil, Gilbreath, George and Harrison
NOES: None
ABSENT: Mayor Peppler
ABSTAIN: None
Lorr' Poyzer, Cit e c
Ci y of Redlands
CERTIFICATION
1,Lorrie Poyzer, City Cleric of the City of
Redlands,California,do hereby certify that this
is a true and correct copy of Ordinance No.2'L�-7/
which has been published in the local newspaper
pursuant to law.
City Cleric
City of Redlands, California