Menifee Zoning Code Ch. 9.200 Tree Preservation

Contents:

9.200.010 Purpose

9.200.020 Applicability

9.200.030 Tree Preservation Requirements

9.200.040 Heritage Tree Replacement

9.200.050 Protection of Existing Trees

9.200.060 Tree Maintenance

9.200.070 Violations

9.200.080 Appeals

The purpose of this chapter is to protect trees, considered to be a valuable community resource, from indiscriminate cutting or removal, to ensure and enhance public health, safety and welfare through proper care, maintenance and preservation of trees. Such landscaping, irrigation systems and tree preservation represent a substantial investment in and potential benefit to the community. Heritage trees such as those with certain characteristics (age, size, species, location, historical influence, aesthetic quality or ecological value) are subject to special attention and preservation efforts.

1. All Zones. The provisions of this chapter shall apply in all zoning districts to the removal, relocation or pruning of trees, as well as to heritage trees as provided in Section 9.100.050.

2. Exceptions. The provisions of this chapter do not govern the following:

3. The removal or pruning of any tree which poses an imminent threat to public property or public health, safety and welfare, as determined by a qualified member of a law enforcement agency, the Riverside County Fire Department/Cal Fire, the Community Services Department, the Public Works Department or a utility company.

4. The removal of any tree on City-owned property as directed by a qualified county, state or federal agency or insurance provider.

5. The removal of a diseased or dead tree on City-owned property as determined by the Public Works Department and/or Community Services Department.

The following general provisions shall apply to tree removal in an effort to preserve other trees which are in good health and which do not pose a safety threat.

1. Nuisance trees. The following trees may be considered a nuisance by the City and are required to be either pruned or removed:

2. Any tree that interferes with proper traffic sight distances, or the visibility of any traffic-control device or sign.

3. A tree which poses a hazard to life and property or harbor harmful insect(s), fungi or disease(s) which may pose a threat to other trees within the city.

4. A tree which, due to its overall growth, location or root expansion, may negatively impact sewers, power lines, gas lines, water lines, paved walkways, roadways, curbs or other public improvements.

5. A tree which presents a risk of damage to public facilities, paved walkways and curbs or is in violation of the Americans with Disabilities Act.

6. Credit for tree preservation. Where new tree installation is required by this chapter, the following incentive to preserve existing trees shall be allowed. Existing healthy trees with a 6-inch or larger trunk diameter measured at 4 feet from the surrounding grade shall be replaced at a three-to-one ratio if removed, in addition to any other new tree installation required. Existing healthy trees, with a 6-inch or larger trunk diameter measure at 4 feet from the surrounding grade which are retained on- site shall be credited toward the tree installation requirements of this chapter at a one-to-two ratio (one tree saved equals a two-tree credit toward the installation of new trees required).

7. Conflict between structures and protected trees. In case of a conflict between the proposed structure location and a protected tree, all reasonable alternatives shall be considered for revising the location of the structure prior to removal of a heritage tree, protected tree or trees.

8. Use of explosives. Persons engaged in felling or removing trees, and desirous of using explosives for this purpose within the city limits, shall obtain approval to use explosives from the Building and Safety Department and Fire Department. The approval shall be noted on the tree removal permit prior to issuance of same by the Community Development Department or Planning Commission. Additionally, the applicant shall furnish a bond for the protection of surrounding property from any possible damage which might result from demolition activity.

9. Harming parkway trees. It is unlawful for any person or entity to willfully and intentionally destroy, deface or injure a parkway tree.

10. Physical damage.

11. No person shall construct or cause to be constructed any private hardscape improvement which prevents the free access of water to the root zone of a parkway tree without prior approval of the Community Services Department and/or Public Works Department.

12. The construction, installation or placement of any object or barrier which infringes upon the root crown of a parkway tree is prohibited without prior approval of the Community Services Department and/or Public Works Department.

13. Any mechanical damage to the root crown on any parkway tree which results in girdling of the cambium layer is prohibited.

14. Weakening. Ivy or climbing vines growing adjacent to a parkway tree shall be maintained away from the trunk and canopy of the tree by the property owner.

15. Tree protection. Parkway trees shall be sufficiently shielded to prevent injury during any repair, alteration or removal of a house or structure. Protection shall include, but not be limited to, chain-link fencing, staking, etc.

16. Root protection when trenching. During construction where trenching around parkway trees is necessary, the pathway of the trench shall be dug making every reasonable effort to avoid the tree's drip line. In those cases where an alternative trenching route is not possible, tunneling under woody roots rather than cutting such roots shall be preferable to preserve roots 2 inches or greater in diameter. When roots must be cut, sharp saws shall be used to make clean, non-frayed cuts.

17. Topping prohibited. Topping is prohibited, except as deemed necessary by the City's Tree Care Specialist.

18. Clearance requirement of trees. All parkway trees shall be kept trimmed to a minimum vertical clearance of 14.5 feet over the street.

19. Trees on private property. Trees growing on private property which overhang the street or sidewalk shall be trimmed so that they vertically clear the sidewalk by 8 feet or more. The trees must vertically clear the street by 14.5 feet or more. The owner of the property on whose property the trees are standing is responsible for trimming the trees.

20. Trimming by contiguous property owner. A property owner who wishes to trim a tree or trees in the street right-of-way or parkway abutting his/her property must first obtain a permit from the Public Works Department, and then have such work performed by a licensed, bonded company from a list approved by the Community Services Department and Public Works Department. A property owner who wishes to trim a tree or trees in a public park, public open space or city trail area abutting his/her property must first obtain a permit from the Community Services Department, and then have such work performed by a licensed, bonded company from a list approved by the Community Services Department and Public Works Department.

21. Removal by contiguous property owner. The Parks, Recreation and Trails Commission shall review and decide upon any request of a private property owner to remove a tree within a street right-of-way or parkway, public park, public open space or city trail area.

22. City trimming on private property. The City may not trim trees that overhang from one private property to another.

23. Qualifications of tree care companies. All tree-care companies contracted by the City shall employ at least one ISA (International Society of Arboriculture) Certified Arborist to supervise all work performed on behalf of the City. All tree-care companies contracted by the City shall employ ISA Certified Tree Workers.

24. Cost of parkway tree replacement. In cases where parkway tree removal and replacement is necessary because of conditions and events caused by the property owner, the property owner shall be charged for tree replacement.

25. Street tree planting. All street tree plantings shall be approved by the Community Services Department and/or the Public Works Department as to species, location and method of planting. The tree must be inspected by the City's qualified tree care specialist.

26. Proximity to intersections. No person shall plant or maintain any tree, mature or immature, which impedes sight distance visibility at street intersections.

27. Method of planting. No person other than the property owner or designee shall plant trees in parkways adjacent to their property. The property owner may plant trees in the parkway abutting his/her own property, provided the trees are contained on the City’s list of approved street trees and are approved by the Community Services Department and/or Public Works Department. Tree and shrub planting must be done in accordance with the instructions of the Community Services Department and/or Public Works Department.

1. Heritage tree removal. Heritage tree removal will require replacement with the largest nursery-grown tree(s) available as determined by the approval authority. Heritage tree relocation to another location on the site is the preferred alternative to replacement subject to a written report by a landscape architect or ISA-certified arborist on the feasibility of transplanting a heritage tree.
2. Determine replacement value. To assist the approval authority in making a determination, the applicant for a tree removal permit may be required to submit an independent appraisal prepared by a horticulturist, ISA-certified arborist or licensed landscape architect to determine the replacement value of the tree(s) to be removed. The appraisal shall be based on the most recent edition of the "Guide for Establishing Values of Trees and Other Plants," prepared by the Council of Tree and Landscape Appraisers.

Care shall be exercised by all individuals, developers and contractors working near preserved trees so that no damage occurs to such trees. Construction projects shall preserve and protect the health of trees remaining on development sites, relocated trees and new trees planted to replace those removed in accordance with the following measures:

1. Construction barrier. All trees to be saved shall be enclosed by an appropriate construction barrier, such as a chain-link fence or other means, prior to the issuance of a grading permit or building permit, or before commencement of work, whichever occurs first. Fences are to remain in place during all phases of construction and may not be removed until construction is complete.
2. Protect roots. No substantial disruption or removal of the structural or absorptive roots of any tree shall be performed.
3. Protect the drip line. No fill materials shall be placed, nor excavation occur, within the drip line of any tree. This is a guideline and is subject to modification to meet the needs of individual tree species as determined by an ISA-certified arborist or landscape architect.
4. No compaction. No substantial compaction of the soil within the drip line of any tree shall be undertaken.

5. Protect root system. No construction, including structures and walls, that disrupts the root system shall be permitted. As a guideline, no cutting of roots should occur within a distance equal to three and one-half times the trunk diameter, as measured at 4 feet from the surrounding grade. Actual setback may vary to meet the needs of individual tree species as determined by an ISA-certified arborist or landscape architect. Where some root removal is necessary, the tree crown may require thinning to prevent wind damage.
6. Additional measures. The approval authority may impose such additional measures determined necessary to preserve and protect the health of the remaining trees, relocated trees and new trees planted to replace those removed.

1. Homeowner responsibility. The maintenance of trees on private or homeowner-owned property shall be the responsibility of the owner or owners of those properties.
2. Industry standard maintenance. All trees on public and private property, within all zoning districts, shall be maintained in accordance with industry standards and in accordance with the International Society of Arboriculture or ANSI A 300 tree care standards.
3. Free of damage. Builders shall be required to prune, treat and maintain existing trees and plant new ones in such a fashion that when the trees come under the purview of the City, an association, or a private property owner, the trees will be free of damage, pests, diseases and dead branches. The trees shall be in good biological and aesthetic condition upon acceptance.
4. Trees overhanging a street. Pruning of branches is required so that branches shall not significantly obstruct a streetlight or the view of a street intersection. There shall be a clear space of 14.5 feet above the surface of the street and 8 feet above the sidewalk. The owner shall remove all dead, diseased or dangerous trees or portions of trees with broken or decayed limbs which may pose a threat to public safety.

1. It is unlawful for any person to cause or permit any tree to be planted, maintained or removed in violation of the provisions of this chapter.
2. Persons or entities who violate sections of this chapter may be found guilty of an infraction, or otherwise as a misdemeanor as determined by legal action.
3. If the Community Services Director and/or Public Works Director find a violation of a section of this title, he/she shall, in writing, notify the responsible party of the violation. The responsible party shall be informed as to how the violation is to be corrected. The Community Services Department and/or Public Works Department may cause the violation to be abated if after 15 business days, the cause for the violation has not been corrected as directed. The responsible party will be subject to enforcement action, including but not limited to, issuance of an Administrative Citation in accordance with the provisions of Chapter 1.03 (Administrative Citations) of this Code..

1. Final disposition. Any property owner may appeal a decision of the Public Works Department or Community Services Department to the Parks, Recreation and Trails Commission for final disposition pertaining to any finding, violation or other matter related to this chapter.

2. The appeal must be made in writing and filed with the City Clerk within 15 days following notice of decision of the Community Services Department and/or Public Works Department. The appeal shall state the grounds for the appeal. The City Clerk shall, upon receipt of the appeal, set the matter for hearing before the Parks, Recreation and Trails Commission not less than 15 days but no more than 60 days following the filing of the appeal. The City Clerk shall give not less than 10 days written notice to the appellant and the owner of the affected property of the time and place of the public hearing by United States mail or by personal delivery as such owner is shown on the latest assessment roll of Riverside County.

3. The failure of any person to receive said notice shall not affect the validity of any proceedings under this chapter. Appeals of violations can be appealed pursuant to Section 1.03.070 of this Code. Recoverable and applicable administrative citations fines and costs may be collected pursuant to Section 1.03.130 of this Code.

4. Objections; notice; hearing.

5. Should the request of a property owner to remove a tree within the public right-of-way or parkway or within a public park, public open space or trail area be denied, and such property owner wishes to appeal this decision, the appellant shall deposit, with the written appeal, a sum of money sufficient to cover the cost of the City Clerk having to publish twice in the local newspaper a notice of the intention to "kill, cut down or remove" a City-owned tree.

6. The notice shall state the name of the applicant, the location of the tree and a statement to the effect that any person objecting to such removal must, in writing, notify the Community Services Department and/or Public Works Department of their objection and the reasons therefor. When the appeal fees and information is received by the City Clerk, he/she shall cause notice to be published twice in a local weekly newspaper of general circulation in the city.

7. Consideration. At the time and place of the hearing, the Parks, Recreation and Trails Commission shall hear and consider all relevant evidence and information including, but not limited to, the report of the Community Services Department and/or Public Works Department and testimony, written or oral, relative to the tree within the public right-of-way or parkway or within a public park, public open space or trail area requested for removal.

8. Continuation. The appeal hearing may be continued from time to time. Upon the conclusion of the public hearing, the Parks, Recreation and Trails Commission shall, on the basis of the evidence presented at the hearing, determine whether the tree within the public right-of-way or parkway or within a public park, public open space or trail area should be removed. If the Parks, Recreation and Trails Commission finds that the tree within the public right-of-way or parkway or within a public park, public open space or trail area should be removed, it shall, by resolution, require removal by the City in a reasonable time to be set forth in the resolution. The determination of the Parks, Recreation and Trails Commission may be appealed to the City Council on forms available within the City Clerk's office.