HomeMy WebLinkAbout2024-04 CC OrdinanceORDINANCE NO.2024-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING CHAPTER 8.48, HERITAGE
TREE ORDINANCE, OF THE TEMECULA MUNICIPAL
CODE IN ITS ENTIRETY SO AS TO ESTABLISH THE CITY
OF TEMECULA PROTECTED TREE ORDINANCE AND
FINDING THAT THIS ORDINANCE IS EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO CEQA GUIDELINES SECTION
15378 (11)(5) AND 15061 (13)(3)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Chapter 8.48 (Heritage Tree Ordinance) of the Temecula Municipal Code in
its Entirety is hereby amended in its entirety to read as follows:
§ 8.48.100. Title.
This chapter shall be known as "The City of Temecula Protected Tree Ordinance" and is hereby
amended in its entirety to read as follows:
§ 8.48.110. Purpose.
A. This Chapter will incorporate the City's Urban Forest Management Plan which sets
forth the City's policies and guidelines for planting and maintenance programs for the care
and protection of its trees. The Public Works Director shall periodically update and make
revisions and amendments to the plan, subject to City Council approval. This plan shall
include the species, sizes, and locations of street trees to be planted.
B. This Chapter will set forth that trees on the street tree master list shall be designated
by the Director and approved by the City Council. The list shall be reviewed periodically
by the Director and Commission and shall be kept on file in the Director's office.
C. This Chapter is established to recognize oak (Quercus spp.), California Bay Laurel
(Umbellularia californica), California Black Walnut (Juglans californica), Toyon
(Heteromeles arbutifolia), and California Sycamore (Platanus racemosa) trees as well as
other mature trees as significant valuable ecological resources as well as valuable
environmental assets of special significance to the community; and to justify special efforts
to preserve and protect them from development activity.
D. This Chapter will also encourage the application of management techniques to control
the pruning, cutting, shaping, removal, and relocation of Protected Trees within the city.
The preservation program outlined in this Chapter will contribute to the welfare and
aesthetics of the community and retain the great historical and environmental value of
these trees.
§ 8.48.120. Applicability.
A. Except as noted under subsection B of this section, this Chapter shall apply to:
1. Any Protected Tree that is located on private property;
2. Any development application that requires a discretionary permit;
3. Any tree designated as a Protected Tree through the nomination process; or
4. Designated species pursuant to Section 8.48.160(A).
B. This Chapter shall not apply to:
1. Statutory extensions of time for previously approved parcel and tract maps when
there are no changes to the project and no amendments to the adopted conditions of
approval;
2. Previously adopted specific plans and future specific plan areas. Such plans
contain their own requirements for protection and preservation of Protected Trees.
§ 8.48.130. Definitions.
For purposes of this Chapter, the following words and phrases shall have the meaning set forth in
this section.
"Certified arborist" are third party arborists that are certified by either the International Society of
Arboriculture (ISA) or the American Society of Consulting Arborists (ASCA).
"City" means the city of Temecula.
"City right-of-way" means the part of the public street right-of-way between the curb, or edge of
paved roadway where there is no curb, and the property line separating the street right-of-way from
abutting private property. Parkways are generally used for public sidewalks, public utility poles, fire
hydrants, street signs and other public facilities.
"City's tree policy" means a document prepared by the public works department which states
policies, standards, procedures, and other relevant information regarding the selection, planting,
maintenance, and removal of all city trees.
"Cutting" means the detaching or separating, from a protected tree, any limb, branch, or root. Cutting
shall include pruning.
"Damage" means any unpermitted action, including, but not limited to, cutting, poisoning, over
watering, removal, relocation, transplanting, trenching, excavating, or paving within the protected
zone of a tree, that causes the injury, death, or disfigurement of a Protected Tree.
"Director" means the City's Director of Community Development or his or her designee or such
person as designated by the City Manager. Director shall also mean the Director of Planning or
Planning Director as used elsewhere in this Code.
"Discretionary permit" means an application for new construction that requires the exercise of
judgment or deliberation or decision on the part of the decision -making authority in the process of
approving or disapproving a particular activity, as distinguished from situations where the decision -
making authority merely has to determine whether there has been conformity with applicable
statutes, ordinances, or regulations.
"Deadwood" means limbs, branches, or a portion of a tree that contains no green leaves during a
time of year when they would be present on a healthy tree of that type.
"Development" means the improvement or use of real property that requires the city's discretionary
review and approval.
"Drip line" means the area from the trunk of a tree to the outermost edge of the tree canopy.
"Excessive pruning" means removing more branches, stems, and roots than necessary to accomplish
the desired objective. Typical maintenance requires that no more than twenty-five (25) percent of a
tree's total number of major branches or canopy volume be removed in a single year. Any
maintenance that requires pruning in excess of the twenty-five (25) percent threshold described in
this section can injure a tree and is prohibited unless approved by the tree manager.
"Encroachment" means any intrusion into or human activity within the protected zone of a Protected
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.
"Hazard" or "hazardous" means a tree, or part of a tree, that has been assessed for risk and found to
be very likely to fail and cause severe consequences by causing injury, damage, or disruption.
"Injury" means any damage to a tree resulting from any activity, including but not limited to
excessive pruning, cutting, topping, trenching, excavating, altering the grade, paving or compaction
within the tree protection zone, including deliberate damage such as vandalism.
"International Society of Arboriculture (ISA)" is a tree care industry (private and public)
membership association and credentialing program for the professional practice of arboriculture.
"Licensed landscape architect" means an individual who holds a professional license to practice
landscape architecture, as defined under Business and Professions Code (BPC) Section 5615 or is
licensed by the state of California Landscape Architects Technical Committee (the licensing and
regulatory agency for the practice of landscape architecture in California).
"Oak Tree" means any oak tree of the genus Quercus including, but not limited to, California or
Coast Live Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus dumosa), Engelman Oak
(Quercus engelmannii), Scrub Oak (Quercus berberidifolia), and Valley Oak (Quercus lobata).
"Owner" means a legal owner of real property within the city of Temecula or any lessee of the
owner.
"Person" means any individual, firm, association, corporation, organization, or partnership or any
city, county, district, the state or any department or agency thereof.
"Planning director" means the city's planning director, or designee.
"Private property" means any land or property not owned by the City or another governmental
agency.
"Protected Tree" means a tree designated as a Protected Tree pursuant to Section 8.48.160 of this
Chapter.
"Protected Tree grove" means a location confirmed by site visit or other empirical evidence that is
known to contain multiple Protected Trees. Such -Protected Tree grove areas may occupy portions
of one or more parcels, the location(s) of which shall be indicated on maps maintained by the
planning department.
"Protected Tree Preservation and Protection Guidelines" means the collection of administrative
rules, procedures, and requirements prepared and published by the Director pursuant to Section
8.48.140 of this Chapter.
"Protected zone" means the area extending horizontally outward from the trunk of a Protected Tree
to a point five feet beyond the drip line but in no case extending less than fifteen feet from the trunk.
"Pruning" means to reduce the size of a tree in order to control the height and spread of a tree,
preserve its natural appearance, improve structure, increase safety in the landscape by removing
dead, damaged, or diseased branches, or make adjustments which will increase its longevity in an
urban environment.
"Relocation" means the transplanting of a tree from its original location to another suitable location.
"Removal" means the physical removal of a tree or causing the death of a tree through damaging,
poisoning, or other direct or indirect action.
"Right-of-way" means any dedicated street right-of-way, or recorded easement for maintenance or
utility purposes.
"Routine maintenance" means pruning, spraying, fertilizing, watering, treating for disease or injury,
or other similar acts which promote the growth, health, safety, beauty, and the life of trees.
"Special district" means an agency having a board of directors that is voted in by the public, such as
a school district or water district.
"Street trees" are any City owned or maintained tree located within the City right-of-way or
easement, including, but not limited to, park -strips located between the sidewalk and the curb, City -
maintained medians, and all trees located within 12 feet from the curb -line in locations where the
sidewalk and curb are adjacent.
"Tree canopy" means the top layer or crown of maturetrees.
"Urban Forest Management Plan (UFMP)" is the City of Temecula's Management Plan, on file with
the City Manager. This plan shall be periodically reviewed by the Director of Public Works and
Community Development, subject to City Council approval.
§ 8.48.140. Protected Tree Preservation and Protection Guidelines.
The city shall formulate and publish "The City of Temecula Protected Tree Preservation and
Protection Guidelines." The planning commission shall have the authority to change, update, or
revise the guidelines as necessary in order to implement the provisions ofthis Chapter.
§ 8.48.150. Protected Tree Preservation and Protection Plan.
Upon submittal of an application for a discretionary permit on parcels larger than five acres,
the applicant shall also submit a tree inventory as part of the required conceptual landscape
plans which shall list and identify all trees located within the proposed project site. Such tree
inventory shall identify all trees by their common and scientific names, diameter at standard
height, and location on the site. If Protected Trees are identified on site, the applicant shall
adhere to the preservation standards contained in the Protected Tree Preservation and
Protection Guidelines or may hire a certified arborist or a licensed landscape architect to
prepare a Protected Tree Preservation and Protection Plan for each potential Protected Tree
to protect them during grading and construction activities and for the life of the project.
§ 8.48.160. Designation of Protected Trees.
Protected Trees are recognized as valued environmental assets and significant aesthetic and
ecological resources. Any proposed removal or encroachment upon the canopy or Protected
Zone of a Protected Tree shall be subject to the provisions set forth in subsection 8.48.210
Permit Requirements and Exemptions.
Protected Trees shall include the following:
A. Any of the following species with a trunk diameter that measures twelve (12)
inches or more when measured at a point four and a half feet above the natural grade
of the base of the tree. Trees with multiple trunks are deemed to have reached the
required diameter if the sum of the diameters of the multiple trunks exceeds the
diameter required for a single trunk tree by two inches:
1.Oak trees of the genus Quercus including, but not limited to, California or Coast Live
Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus dumosa), Engelman Oak
(Quercus engelmannii), Scrub Oak (Quercus berberidifolia), and Valley Oak (Quercus
lobata);
2. California Sycamore (Platanus racemose.3. California Bay Laurel
(Umbellularia californica);
4. California Black Walnut (Juglans californica);
5. Toyon (Heteromeles arbutafolia).
B. Mature Tree. Any tree that has a trunk diameter larger than twenty-four (24)
inches measured at a point four and one-half (4%2) feet above the root crown, or trees
with multiple trunks if the sum of the diameters of the multiple trunks exceeds the
diameter required for a single trunk tree by two inches. A Mature Tree shall not
include a Eucalyptus species, although a Eucalyptus species is eligible to be
designated as a Protected Tree through the nomination process set forth in
subsection C below.
C. Designation of Protected Trees Through Nomination.
1. Public Initiated Nominations. Upon the submission of a Protected Tree
nomination application by any member of the public, the planning commission may,
after holding a noticed public hearing, designate any tree, regardless of species or
location, as a Protected Tree if the owner of the subject tree supports the application
and the planning commission determines the tree should be preserved and protected
due to one or more of the following criteria:
a. Rarity. The nominated tree is an unusual species in Temecula, California, or
North America;
b. Size. The nominated tree is of notable size, height, diameter, or canopy width
compared to other trees of the same species;
c. Age. The nominated tree is of significantly advanced known or estimated age
for its species;
d. Historical Association. The nominated tree is related to a historic or cultural
building, site, street, person, or event;
e. Cultural Appreciation. The nominated tree is of particular value to certain
ethnic groups in the neighborhood or the city;
f. Neighborhood Appreciation. The nominated tree is supported by multiple
indicators including but not limited to letters of support, petition, outdoor
gatherings, and celebrations adjacent or related to the tree;
g. Planting Defines Neighborhood Character. The nominated tree defines or
contributes to the neighborhood aesthetic;
h. Profiled in a Publication or Other Media. The nominated tree has received print,
internet, and/or video media coverage;
i. High Traffic Area. The nominated tree has a high level of visibility and/ or a
possible traffic calming effect;
j . Low Tree Density. The nominated tree exists in a neighborhood with few trees;
k. Extends Between Multiple Properties. The nominated tree has a high
level of visibility and provides benefits to two or more adjacent properties;
1. Accessible from Public Right -of -Way. The nominated tree possesses high
visibility and provides benefits to the general public;
in. Important Wildlife Habitat. The nominated tree provides or potentially
provides source of shelter and/or food for wildlife;
n. Interdependent Group of Trees. The nominated tree is part of a
supercanopy and removal may have an adverse impact on adjacenttrees;
o. Erosion Control. The nominated tree contributes to soil stability and
prevents erosion;
p. Wind or Sound Barrier. The nominated tree reduces wind speed or
deflects wind, and/or mitigates undesirable noise;
q. Prominent Landscape Feature. The nominated tree is a striking and
outstanding natural feature;
r. Character Defining Form. The nominated tree is an example of good form
for its particular species;
s. Tree Condition. The condition of the nominated tree shall be a factor in
determining its status for protection as a Protected Tree.
2. City -Initiated Nominations. The city, in exercising its police powers, may
designate any tree in the city of Temecula as a Protected Tree, regardless of
species or size. Any city -initiated Protected Tree nomination application
shall be subject to the same noticed public hearing of the planning
commission as detailed in Section 8.48.160(C)(1), except that there shall be
no application fee and the property owner's consent shall not be required.
The property owner shall be notified of the public hearing and will have the
opportunity to speak in favor of or against the nomination. A city -initiated
Protected Tree nomination application shall be approved only if the decision
maker determines that: (i) the tree should be preserved and protected due to
its age, size, rarity, location or appearance; or (ii) the tree is determined to
be historically significant. A tree shall be deemed historically significant if
any of the following findings can be made:
a. The tree is associated with events that have made a significant
contribution to the broad patterns of California's history and cultural
heritage;
b. The tree is associated with the lives of persons important in our past;
c. The tree embodies the distinctive characteristics of a type, period, region,
or method of construction, or represents the work of an important creative
individual, or possesses high artistic values; or
d. The tree has yielded, or may be likely to yield, information important in
prehistory or history.
e. The planning commission or city council, may, when reviewing a
development application, designate any tree on the site of the proposed
development, regardless of species, as a Protected Tree if it determines the
tree should be preserved and protected as a condition of development due to
its age, size, rarity, location or appearance. Any Protected Tree so designated
shall continue to be a Protected Tree for purposes of this Chapter regardless
of whether the approved development is ever initiated.
f. Any tree planted as a replacement for a Protected Tree pursuant to this
Chapter shall constitute a Protected Tree.
g. Any tree designated as a Protected Tree shall cause the applicant/owner to
record with the Riverside County clerk and recorder's office a covenant
and/or a Notice of Condition Affecting Real Property to protect the tree from
future ground disturbing activities.
h. If a tree is designated as a Protected Tree under Section 8.48.160(C)(2), the city
shall pay the recordation fees.
§ 8.48.170. Non -liability of city.
Nothing in this Chapter shall be construed to impose any liability for damages or a duty of care
and maintenance upon the city or its officers, employees, agents, or volunteers.
Article II. Cutting, Removal, Relocation, or Encroachment Upon Protected Trees
§ 8.48.200. Protected Tree maintenance and preservation.
A All owners of real property on which a Protected Tree is located and that is
improved, approved for development, or part of or associated with the approved
development of another piece of property, including but not limited to property
required to be maintained as permanent open space or for recreational purposes,
shall maintain such Protected Trees in a state of good health. Failure to do so
will constitute a violation of this Chapter.
B. Damaging a Protected Tree is prohibited. Each action that damages a Protected
Tree shall be a separate violation.
§ 8.48.210. Permit requirement and exceptions.
A. Except as allowed under subsection B of this section, no person shall cut,
remove, or relocate a Protected Tree, or encroach into the protected zone of any
Protected Tree without first obtaining a Protected Tree Removal or Relocation
Permit from the city in accordance with the provisions of this Chapter.
B. A Protected Tree may not be cut, removed, relocated, or encroached upon
without a Protected Tree Removal or Relocation Permit, except under the
following circumstances:
1. Pruning according to International Society of Arboriculture standards and
maintenance activities that promote the health and vigor of the tree;
2. The tree has been determined by a city arborist to be irreparably diseased or
dead;
3. A peace officer, fireman, civil defense official, or code enforcement officer,
or city arborist, has determined in his or her official capacity that the tree
poses an imminent danger to the public or to property, in which case the tree
may be cut, removed, relocated, or encroached upon only to the extent
necessary to avoid the danger presented. The Director shall be promptly
noticed of the nature of the emergency and action taken;
4. Fire department personnel have determined that removal of the tree is
necessary to their firefighting efforts;
5. An owner of real property is prohibited from obtaining insurance coverage to
adequately secure and protect said property;
6. City staff has determined it is necessary to cut, remove, relocate, or encroach
upon the tree to prepare a site or undertake an approved capital improvement
project that has received environmental clearances under the California
Environmental Quality Act;
7. The director of public works or the city traffic engineer has directed the cutting,
removal, relocation, or encroachment in order to: (i) maintain public rights -of -
way or adequate line -of -sight distances; and (ii) construct improvements within
existing or proposed General Plan Circulation Element rights -of -way, adjacent
slopes, and appurtenances;
8. Cutting, removal, relocation, or encroachment is required to widen a principal
intersection to accommodate additional dedicated turning lanes in accordance
with adopted goals, objectives and policies contained in the General Plan
Circulation Element;
9. Cutting, removal, relocation, or encroachment occurs as part of construction or
maintenance activities for facilities owned or operated by or for a public agency,
special district, or a utility company under the jurisdiction of the public utilities
commission;
§ 8.48.220. Permit application and review.
A An applicant for a Protected Tree Removal or Relocation Permit shall submit an
application on a form designated by the Director and pay the appropriate filing fee as
set by council resolution.
11 If an application for a Protected Tree Removal or Relocation Permit pertains to five
or fewer trees located on a single parcel, the Director, or designee, shall review the
application, and approve, deny, or conditionally approve the request. The Director's
decision may be appealed to the planning commission, which may uphold, modify,
or reverse the decision of the Director.
C. The planning commission shall review all applications for a Protected Tree Removal or
Relocation Permit not reviewed in the first instance by the Director, or designee. The
planning commission shall approve, deny, or conditionally approve the request. The
planning commission's review shall be consolidated with its consideration of all other
entitlement applications for the property, if any.
D. All decisions of the planning commission pursuant to this Chapter may be appealed
to the city council in accordance with Section 17.03.090 of the Temecula Municipal
Code.
§ 8.48.230. Standards of approval.
A. An application for a Protected Tree Removal or Relocation Permit may be
approved only if the decision -maker finds and determines that the requested
cutting, removal, relocation, or encroachment is necessary to:
1. Maintain or aid the health, balance, or structure of the Protected Tree;
2. Protect life or property from a danger posed by the Protected Tree that
cannot be reduced or eliminated by use of reasonable preservation and/or
preventative procedures and practices; or
3. Enable the reasonable and conforming use of the property, which is
otherwise prevented by the presence of the tree.
B. When deciding whether to approve, deny, or conditionally approve a Protected
Tree Removal or Relocation Permit, the decision maker may consider the
following factors:
1. Whether a public purpose is being provided by the issuance of the permit or
if the removal is primarily to facilitate private development;
2. The overall condition, species, approximate age, size, and general health of
the Protected Tree(s) to be removed;
3. A certified arborist's report on the likelihood for survival of any Protected
Tree(s) to be relocated;
4. The species, size and number of replacement tree(s) being provided as
mitigation; and
5. Other factors as appropriate, in accordance with a certified arborist's or
licensed landscape architect's report.
C. The decision maker may impose conditions to offset or mitigate the requested
cutting, removal, relocation, or encroachment, including, but not limited to, any
of the following:
1. The relocation of the subject tree to another location on -site or off -site;
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2. The on -site planting of three replacement tree which will achieve the same
approximate size at maturity as the removed Protected Tree for every one
Protected Tree removed;
3. The off -site planting of two forty -eight -inch box trees species which will
achieve the same approximate size at maturity as the removed Protected Tree
for every one Protected Tree removed when it is not feasible to meet the
requirements of Section 8.48.230(C)(2);
4. The initiation of an objectively observable maintenance and care program in
accordance with a certified arborist's report to insure the continued health and
care of Protected Trees on the property for a period of 5 years;
5. Payment of a fee equal to the cost of procuring, planting, establishing, and
maintaining one replacement tree for every one Protected Tree removed, which
cost shall be based on the latest edition of either the "Guide for Plant Appraisal"
by the International Society of Arboriculture or the "Standards for Valuation of
Amenity Trees" of the International Society of Arboriculture. Such payments
shall be used solely to fund the cost of replacing trees that have been removed.
Article III Violations and Enforcement
§ 8.48.300. Violations.
A. Violations of this Chapter are subject to criminal misdemeanor penalties and
administrative citations pursuant to Chapters 1.16, 1.20 and 1.21, of this Code.
B. Intimidating, harassing, or otherwise retaliating against any person who seeks to
attain compliance with this Chapter is prohibited.
C. Causing, permitting, aiding, abetting, or concealing a violation of any provision
of this Chapter is prohibited.
D. A violation of this chapter is declared to be a public nuisance and may be abated
pursuant to the procedures I Chapter 8.12 of this Code.
§ 8.48.310. Remedies.
A The remedies provided by this Chapter are cumulative and in addition to any
other remedies available at law or in equity. The city may seek to remedy any
violation of this Chapter by a civil action, including, without limitation,
administrative or judicial nuisance abatement proceedings, civil or criminal
code enforcement proceedings, and suits for injunctive relief.
R If a violation occurs during development, the city may issue a stop work order
suspending and prohibiting further activity on the property pursuant to the
grading, demolition, and/or building permit(s) (including construction,
inspection, and the issuance of certificates of occupancy) until a mitigation plan
has been prepared by a certified arborist. filed by the developer and approved
by the Director.
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C. If a violation occurs in the absence of development, or while an application for
a building permit or discretionary development approval is pending for the
property upon which the tree is located, the Director may: (1) issue a stop work
order halting all activity on the parcel; or (2) request the city council issue a
temporary moratorium on development of the subject property pursuant to law
if the violation is found to be the result of willful misconduct. The purpose of this
stop of activity shall be to provide the city an opportunity to determine
appropriate mitigation measures, if any, for the tree removal and to ensure such
measures are incorporated into any future or pending development approvals for
the property. Mitigation measures may be imposed as a condition of any
subsequent permits for development on the subject property.
§ 8.48.320. Restitution.
A. In addition to any other remedy or penalty provided for by this Chapter, the city
may seek restitution from any person who damages, removes, or relocates a Protected
Tree in violation of this Chapter in the form of replacement of the Protected Tree so
removed or damaged or a fine in lieu of restitution. The Director shall determine the
form of restitution required.
1. If the Director determines that restitution should be made in the form of a
replacement of the Protected Trees removed or damaged, the replacement trees
shall be the same or similar species of tree, having the approximate size, age, and
health as the tree(s) damaged or destroyed, at a ratio of three new replacement
trees for every one damaged or destroyed tree. Additional funds will be provided
to the City that will cover the cost of the City to water and maintain the
replacement trees for a period of three (3) years after planting. The location of
such plantings shall be determined by the Director;
2. If the Director determines that payment should be made in lieu of restitution, the
payment required shall include but is not limited to, the costs of procuring,
transporting, planting, establishing, and maintaining replacement trees for the life
of the project at a ratio of two new replacement trees for every one damaged or
destroyed tree. The cost of the replacement trees shall be based on the actual
replacement cost for the damaged Protected Tree or the latest edition of either the
"Guide for Plant Appraisal" by the International Society of Arboriculture or the
"Standards for Valuation of Amenity Trees" of the International Society of
Arboriculture. Payments made in lieu of restitution shall be used solely to fund the
cost of replacing trees that have beendamaged or removed in violation of this
Chapter.
B. If the size of a Protected Tree cannot be determined due to its unauthorized removal,
the size shall be determined by measuring the stump that remains, anecdotal evidence,
or interpolated from photographs or adjacent trees. The Director shall presume that a
missing Protected Tree was in perfect health unless the photographs or other
verifiable evidence demonstrates otherwise.
C. All decisions of the Direct pursuant to this Section may be appealed to the Planning
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Commission in accordance with Section 17.03.090 of the Temecula Municipal Code.
§ 8.48.330. Collection of penalties.
A. Fines and payments in lieu of restitution for violation of this Chapter are payable at
the city's finance/cashier office. Fines must be paid within thirty business days of the
citation date. The city's finance department is authorized to collect all unpaid civil
fines.
B. Any unpaid costs or penalties, or payments in lieu of restitution imposed pursuant to
this chapter shall constitute a special assessment against the real property upon which
a violation of this chapter has occurred. All costs and/or fines shall be itemized in a
written report of assessment. The Director shall cause a copy of the report and
assessment to be served on the owner of the property not less than five days prior to
the time fixed for confirmation of the assessment. Service may be made by enclosing
a copy of the report of assessment in a sealed envelope, postage prepaid, addressed to
the owner at his or her last known address as the same appears on the last equalized
assessment rolls of the county of Riverside and depositing the same in the United
States mail. Service shall be deemed complete at the time of mailing.
C. A copy of the report of assessment shall be posted in the city clerk's office on the
bulletin board designated for the posting of agendas, not less than three days prior to
the time when the report shall be submitted to the city council. The city council shall
hear the report, together with any objections by the property owner. After the
assessment is made and confirmed by the city council, it shall be a lien on said
property. The lien shall be submitted to the Riverside County tax collector, where it
shall be levied on the next regular property tax bills for said property, and collected
at the same time and in the same manner as other municipal taxes are collected and
shall be subject to the same penalties and procedures under foreclosure and sale in
case of delinquency as provided for other municipal taxes.
SECTION 2. Chapter 8.49, City Tree Care and Preservation, of the Temecula Municipal
Code is hereby repealed.
SECTION 3. California Environmental Quality Act Findings. In accordance with the
California Environmental Quality Act, this Ordinance is exempt from the requirements of the
California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of
Regulations, Section 15378(b)(5) and Section 15061 (b) (3) because it can be seen with certainty
that there is no possibility that the Ordinance will have a significant effect on the environment.
The proposed Municipal Code amendments are minor policy changes, reorganization of existing
ordinance provisions, changes required by state law or revisions that reflect the City's standard
practice and patterns with respect to preservation, protection, management, and maintenance of
trees. The City Council of the City of Temecula hereby adopts a Notice of Exemption for the
Ordinance and directs the City Manager to file it as required by law.
SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause
it to be published in the manner required by law.
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SECTION 5. If any section or provision of this Ordinance is for any reason held to be
invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any
preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain
valid. The City Council hereby declares that it would have adopted this Ordinance, and each
section or provision thereof, regardless of the fact that any one or more section(s) or provision(s)
may be declared invalid or unconstitutional or contravened via legislation.
SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same or a summary thereof to be published and
posted in the manner required by law.
SECTION 7. This Ordinance shall take effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 23`d day of July, 2024.
ATTE
andi o y Clerk
[SEAL]
1
�J
ames Stewart, Mayor
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss `
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 2024-04 was duly introduced and placed upon its first reading at a meeting of the
City Council of the City of Temecula on the 9'' day of July, 2024, and that thereafter, said
Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held
on the 23rd day of July, 2024, by the following vote:
AYES: 4 COUNCIL MEMBERS: Alexander, Kalf is, Schwank, Stewart
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS:
111CLllul JV1119 %,ILy V1N11\
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