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Home My WebLink About041608 PC AgendaIn compliance with the Americans participate in this meeting, please Notification 48 hours prior to a meeti to ensure accessibility to that meetin CALL TO ORDER Flag Salute: Roll CaIL• PUBLIC COMMENTS with Disabilities Act, if you need special assistance to contact the office of the City Clerk (951) 694-6444. ng will enable the City to make reasonable arrangements a 128 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE April 76, 2008 - 6:00 P.M. Commissioner Chiniaeff Next in Order: Resolution No. 2008-18 Carey, Chiniaeff, Guerriero, Harter, and Telesio A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prlOr to the Commission addressing that item. There is a three (3) minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vole. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR 1 Director's Hearing Case Uodate RECOMMENDATION: 1.1 Approve the Director's Hearing Case Update for March R:\PLANCOMM\Agendas\20 0 810 41 6 0 8.doc PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may' file an appeal of the Commission's decision. Said appeal must be filed within f 5 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. the Ordinance. Emery Pagg. Senior Planner. COMMISSIONERS' REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next regular meeting: Wednesday, May 7, 6:00 p.m., Council Chambers, 43200 Business Park Drive, Temecula, California. R:\PLANCOMM Wgendas\2008\041608.doc ITEM #1 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission FROM: Debbie Ubnoske, Director of Planning DATE: April 16, 2008 SUBJECT: Director's Hearing Case Update Planning Director's Agenda items for March 2008 Date Case No. Proposal Applicant Action March 6, 2008 PA07-0161 An Extension of Time for a Martina Masarani APPROVED Development Plan to construct a 7,000 square foot office building, located at 41919 Moreno Road March 20, 2008 PA08-0031 A Minor Conditional Use Permit for Rod Fraser APPROVED a .Type-47 ABC license (on-sale Enterprises general), authorizing the sale of beer, wine and distilled spirits at Rodrigo's Grill, located at 39562 Winchester Road March 20, 2008 PA07-0285 A Development and Conditional Phil Esbensen APPROVED Use Permit to construct an 8,148 square foot building to be utilized as a fire center and an office/retail suite, located at the southeast corner of Temecula Parkway and Butterfield Sta a Road March 27, 2008 PA07-0123 A Development Plan to construct a Jeff Howie APPROVED PA07-0124 5,660 square foot commercial building and a Conditional Use Permit to authorize aType-47 ABC license . (on-sale general), authorizing the sale of beer, wine and distilled spirits at Ruby Tuesday, located south of Overland Drive and west of Nicole Lane Attachment: 1. Action Agendas -Blue Page 2 R:1Directors HearingUvlEMO\2008\04-i6-2008.doc ATTACHMENT NO. 1 ACTION AGENDAS R:\Directors Headng\MEMO\2008\04-16-2008.doc REVISED AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING MARCH 6, 2008 1:30 p.m. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Debbie Ubnoske, Director of Planning PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Principal Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Principal Planner about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Principal Planner. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m. Project Number: PA07-0161 Project Type: Extension of Time Project Title: Moreno Road Office Building Applicant: Martina Masarani Project Description: An Extension of Time for a Development Plan to construct a 7,000 square foot office building Location: 41919 Moreno Road Environmental Action: CEQA Section 15332; Class 32, In-Fill Development Project Planner: Eric Jones ACTION: APPROVED P:1Planning\Directors-Hearing\2008\03.06-2008 Action Agenda.doc ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING MARCH 20, 2008 1:30 p.m. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: PUBLIC COMMENTS Patrick Richardson, Principal Planner A total of 15 minutes is provided so members of the public can address the Principal Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Principal Planner about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Principal Planner. When you are called to speak, please come forward and state vour name and address. Item No.1 1:30 p.m. Project Number: PA08-0031 Project Type: Minor Conditional Use Permit Project Title: Rodrigo's Grill MCUP Applicant: Rod Fraser Enterprises Project Description: A Minor Conditional Use Permit for aType-47 ABC license (on-sale general), which would authorize the sale of beer, wine and distilled spirits Location: 39562 Winchester Road Environmental Action: CEQA Section 15301; Class 1, Existing Facilities Project Planner: Cheryl Kitzerow/Matt Peters, Associate Planners ACTION: APPROVED Item No. 2 Project Number: PA07-0285 Project Type: Development Plan and Conditional Use Permit Project Title: Mountain View Tire Center DP/CUP Applicant: Phil Esbensen Project Description: A Development Plan and Conditional Use Permit to construct an 8,148 square foot building with 5,358 square feet to be utilized as a tine center and 2,790 square feet to be utilized for a separate office/retail suite Location: Southeast corner of Temecula Parkway and Butterfield Stage Road Environmental Action: Notice of Determination will be issued in compliance with the California Environmental Quality Act Project Planner: Betsy Lowrey ACTION: APPROVED P:\Planning\Directors-Hearing\2008\03-20.2008 Action Agenda.doc ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING MARCH 27, 2008 1:30 p.m. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: PUBLIC COMMENTS Debbie Ubnoske, Director of Planning A total of 15 minutes is provided so members of the public can address the Principal Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Principal Planner about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Principal Planner. When you are called to speak, please come forward and state vour name and address. Item No. 1 Project Number: Project Type: Project Title: Applicant: Project Description Location: Environmental Action: Project Planner: ACTION: 1:30 p.m. PA07-0123 and PA07-0124 Development Plan/Conditional Use Permit Ruby Tuesday Jeff Howie A Development Plan to construct a 5,660 square foot commercial building and a Conditional Use Permit to authorize aType-47 (on- sale general) ABC license allowing for the sale of beer, wine and distilled spirits South of Overland Drive and West of Nicole Lane in the Creekside Centre shopping center CEQA Section 15301; Class 1, Existing Facilities Katie Le Comte APPROVED P:1PlanningtDirectors-Hearing\2008\03-27-2008 Action Agenda.doc ITEM #2 STAFF REPORT -PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: CEQA: April 16, 2008 Emery J. Papp, AICP, Senior Planner Planning Application Number LROS-0019, Heritage Tree Ordinance, adding Chapter Municipal Code, and recommend that the Ordinance review the proposed 8.36 to Title 8 of the City Council adopt the Categorically Exempt Section 15061.(b)(3) Class N/A BACKGROUND SUMMARY The proposed Heritage Tree Ordinance, Heritage Tree Preservation and Protection Manual, Heritage Tree Inventory and Heritage Tree Preservation Zones represent the outcome of a City Council Subcommittee spearheaded by Council Members Ron Roberts and Chuck Washington. The proposed Ordinance, which was prepared by staff in conjunction with the Council Subcommittee and the City Attorney, provides protection for Heritage Trees and identifies procedures for preserving them during the construction process and for the life of the tree. In preparing the proposed Ordinance, staff reviewed several other model Ordinances including those of the County of Riverside, the Cities of La Puente, Palo Alto and Riverside, as well as guidelines prepared by the USDA Forest Service, California Department of Forestry, and the National Arbor Day Foundation. Protection of trees is a quality of life issue for Temecula residents, however, there are currently no protections in place to guarantee the preservation of significant trees throughout the City of Temecula. The City Council Subcommittee on Heritage Trees found that it is in the public interest to enact regulations to protect and preserve heritage trees and encourage the application of management techniques to control the pruning, trimming, shaping and removal or relocation of these trees within the City. ANALYSIS Temecula has several species of native/non-native trees of significant size and quality that contribute in a positive. way to the City's environment and heritage. Healthy and propedy maintained trees increase property values, provide shade and heat dissipation, help to prevent erosion of topsoil, reduce air pollution, and improve our psychological well-being and beautify the community. To ensure long term health and viability of Heritage Trees thoughout the City, staff has worked with the City Council subcommittee and has prepared a draft Heritage Tree Ordinance. The contents of each Article within the proposed Ordinance are summarized below. Article. 1 of the proposed Ordinance contains criteria for determining what qualifies as a "Heritage Tree." In general, native oak tree species having a trunk circumference of 25 inches or greater measured at four feet above the ground, or any tree having a circumference of 48 inches or more measured at four feet above the ground, with the exception of Eucalyptus trees, are considered Heritage Trees. Also included are trees of any size planted as a replacement for a Heritage Tree. Article 2 of the proposed rdinance discusses the need for lawful removal or relocation of Heritage Trees. Under these provisions, the Director of Planning may approve the removal or relocation of a Heritage Tree and shall consider appropriate mitigation based on the following criteria: purpose of the project, the overall condition and size of the tree, the species and size of replacement trees, and other factors contained in the Heritage Tree Preservation and Protection Manual deemed appropriate. Article 2 also contains exceptions that define when it is appropriate to remove or relocate a Heritage Tree without prior authorization. Article 3 discusses the preservation and protection of Heritage Trees during construction. The sections in this Article refer to the Heritage Tree Preservation and Protection Manual to reduce the impacts of construction through regular maintenance of the trees, minimizing or avoiding physical damage to the trees and minimizing or avoiding soil disturbance. Article 4 defines what constitutes a violation of the Ordinance and discusses enforcement and remedies for violations, including the appeals process. Article 5 contains definitions of key terms used throughout the Ordinance and the accompanying Heritage Tree Preservation and Protection Manual. The proposed Heritage Tree Ordinance addresses policies identified in the General Plan Open Space/Conservation Element, including: Policy 5.4 -Retain and improve the quality of landscaping in parkways, public slopes, rights-of- way, parks, civic facilities, and other public open areas. Policy 6.9 -Encourage the preservation and re-use of historic structures, landscape features, roads, landmark trees, and trails. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on April 5, 2008 ENVIRONMENTAL DETERMINATION Staff has determined that Ordinance No. 08-_ (Heritage Tree Ordinance) is exempt from the requirements of the Califomia Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, 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 Ordinance will have no adverse environmental affects because it will protect and preserve significant trees within the City of Temecula. RECOMMENDATION Staff recommends that the Planning Commission adopt a .resolution recommending.that the City Council approve an Amendment to Title 8 of the Temecula Municipal Code. ATTACHMENTS PC Resolution Exhibit A -Draft CC Ordinance Notice of Public Hearing PC RESOLUTION R:\LR Projects120081LR08-0019 Hedtage Tree Ordinance\PC STAFF REPORT 04-16-0S.doc PC RESOLUTION N0.08 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, ADDING NEW CHAPTER 8.36 (TEMECULA HERITAGE TREE ORDINANCE) TO TITLE 8 (HEALTH AND SAFETY) OF THE MUNICIPAL CODE OF THE CITY OF TEMECULA" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On April 16, 2008 the Planning Commission identified a need to amend the adopted Municipal Code to add a new chapter to the Temecula Municipal Code regarding the preservation and protection of Heritage Trees (Long-Range Planning Application No. LR08-0019). B. The ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the application and environmental review'on April 16, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended that the City Council approve Long- Range Planning Application No. LR08-0019 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the application hereby finds, determines and declares that: A. The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other ordinances of the .City; The proposed Heritage Tree Ordinance conforms to the City of Temecula General Plan in that the criteria for establishing a need to preserve and protect landmark trees is identified in the City of .Temecula General .Plan Open Space/Conservation Element. Furthermore, the proposed ,Heritage Tree Ordinance directly responds to Goal 5, Policy. 5.4 of the General Plan Open Space/Conservation Element and Goal 6, Policy 6.9 of the General Plan Open Space/Conservation Element. R:1LR Projects\2008LLR08-0019 Heritage Tree Ordinance\PC Resolution 04-16-08.doc 1 B. The proposed Ordinance is consistent with the Municipal Code and Development Code for the City of Temecula; The proposed Heritage Tree Ordinance has been designed to be internally consistent with the Municipal Code and the Development Code. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 08- (Heritage Tree Ordinance) is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, 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 Ordinance will have no adverse environmental affects because it will protect and preserve Heritage Trees. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Long Range Planning Application No. LR08-0019, a proposed City-wide ordinance as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. R:\lR Projects\2008\~R08-0019 Heritage Tree Ordinance\PC Resolution 04-16-08.doc 2 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16th day of April 2008. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )SS CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, dc5 hereby certify that the forgoing PC Resolution No. 08- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of April 2008, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Debbie Ubnoske, Secretary R:\LR Projects\2008\LR08-0019 Heritage Tree Ordinance\PC Resolution 04-76-08.doc 3 ORDINANCE NO. - AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, ADDING NEW CHAPTER 8.36 (TEMECULA HERITAGE TREE ORDINANCE) TO TITLE 8 (HEALTH AND SAFETY) OF THE MUNICIPAL CODE OF THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City of Temecula has several species of native and non-native trees of significant size and quality that contribute in a positive way to our community's environment and heritage. Healthy and property maintained trees increase property values; provide shade and heat dissipation, help to prevent erosion of the topsoil, reduce air pollution, and improve our psychological well-being and beautify our community. Section 2. The City of Temecula finds it in the public interest, convenience and necessity to enact regulations as may be reasonably consistent with the economic enjoyment of private property which will protect and preserve our heritage trees and encourage the application of management techniques to control the pruning, trimming, shaping and removal or relocation of these trees within the City. Section 3. Title 8, `Health and Safety," of the Temecula Municipal Code is hereby. amended by the addition of Chapter 8.36, and the various Sections within this Chapter, to read as follows: CHAPTER 8.36 HERITAGE TREE ORDINANCE Article 1. General Provisions SECTIONS: 8.36.100 Title 8.36.110 Purpose 8.36.120 Heritage Tree Preservation and Protection Manual 8.36.130 Criteria for Determination of Heritage Trees 8.36.140 Non-Liability of City 8.36.100 Title This chapter shall be known as "The City of Temecula Heritage Tree Ordinance" and will be referred to herein as "this Ordinance." 8.36.110 Purpose The purpose of this Ordinance is to protect and preserve a variety of native and non- native trees on public and private property whose visual and historic importance to the community is sufficient to justify special efforts to protect and preserve them, and to encourage the application of management techniques to control the pruning, trimming, shaping and removal or relocation of these trees within the City. 8.36.120 Heritage Tree Preservation and Protection Manual The Planning Director shall formulate a manual setting forth administrative rules, procedures and requirements necessary to implement the provisions of this Ordinance. Such rules, procedures, and requirements shall be entitled "The City of Temecula Heritage Tree Preservation and Protection Manual." The Planning Director shall have the authority to change, update or revise the Manual as necessary in order to implement the provisions of this Ordinance and all revisions thereto arising from time to time. 8.36.130 Criteria for Determination of Heritage Trees Factors considered in determining if a tree qualifies as a "Heritage Tree" are the age, size, rarity and appearance of the tree. Notwithstanding the preceding, each of the following is determined to be a Heritage Tree: A. Native Oak Trees, including Quercus agrifolia (Coast Live Oak) and Quercus engelmannii (Engelman Oak), having a circumference of 25 inches or greater, measured at a height of four feet above ground level. B. Any tree having a circumference 48 inches or greater, measured at a height of four feet above ground level, with the exception of trees within the Eucalyptus species. C. A tree or trees of any size planted as a,replacement for a Heritage Tree. 8.36.140 Non-Liability of City Nothing in this Ordinance shall be deemed to impose any liability for damages or a duty of care and maintenance upon the City or upon any of its officers or employees. The person in possession of any public property or the owners of any private property shall have a duty to keep Heritage Trees upon the property and under their control in a safe and healthy condition. Article 2. Removal or Relocation of Heritage Trees SECTIONS: 8.36.200 Approval Required 8.36.210 Authorized Removal or Relocation 8.36.220 Mitigation Considerations 8.36.230 Exceptions 8.36.200 Approval Required The proposed removal or relocation of a designated Heritage Tree must be approved by the Planning Director in accordance with the provisions of this Ordinance, the Heritage Tree Preservation and Protection Manual, and all applicable California Environmental Quality Act of 1970, as amended regulations, before any action is taken. 8.36.210 Authorized Removal or Relocation If the Planning Director determines that the project design cannot be reasonably altered to accommodate preservation of a Heritage Tree at the site, the Planning Director may authorize removal or relocation of that tree, subject to appropriate mitigation being provided. 8.36.220 Mitigation Considerations In determining the appropriate mitigation for the removal or relocation of a Heritage Tree, the Director shall consider: A. Whether a public purpose is being provided by the project or if the removal is primarily to facilitate private development. B. The condition, species, and size of the Heritage Tree(s) that is (are) being removed. C. The species and size of replacement tree(s) being provided as mitigation. D. Other factors as appropriate, in accordance with Sub-Section 2.7, "Maintenance of Heritages Trees During Construction" in the Heritage Tree :Preservation and Protection Manual. 8.36.230 Exceptions This Ordinance shall apply to all public and private projects, with only the following exceptions: A. The Heritage Tree(s) poses an immediate threat to life or public safety as determined by the City of Temecula. B. The Heritage Tree(s) is located on an occupied, single family residence or duplex, and the owner has consented to the removal. Article 3. Heritage Tree Preservation and Protection SECTIONS: 8.36.300 Maintenance & Preservation of Heritage Trees During Construction 8.36.310 Heritage Tree Preservation and Protection Plan 8.36.320 Construction and Demolition Activities Near Trees 8.36.300 Maintenance B Preservation of Heritage Trees During Construction Ongoing and regular maintenance shall be provided to all Heritage Trees impacted by construction in accordance with Section 2.0, "Land Development and Heritage Trees" of the Heritage Tree Preservation and Protection Manual. 8.36.310 Heritage Tree Preservation and Protection Plan If it is determined that a Heritage Tree exists on property to be developed, the Planning Director will require a site specific Heritage Tree Preservation and Protection Plan prior to beginning, construction in accordance with Section 3.0, "Tree Preservation and Protection Plan" of the Heritage Tree Preservation and Protection Manual and, as applicable, the California Environmental Quality Act of 1970, as amended. 8.36.320 Construction and Demolition Activities Near Trees Soil disturbance or other damaging activities within the Tree Protection Zone is prohibited unless approved by a certified Director in accordance with Sub-Section Heritage Tree Preservation and Protection arborist to the satisfaction of the Planning 2.2, "Activities During Construction" of the Manual. Article 4. Violations and Enforcement SECTIONS: 8.36.400 8.36.410 8.36.420 8.36.430 8.36.440 8.36.400 D: Damage or Injury to Heritage Trees Enforcement -Remedies for Violation Collection of Penalties Appeals Injunctive Relief image or Injury to Heritage Trees It shall be a violation of this Ordinance for any person to alter, damage, injure, vandalize, mutilate or destroy a Heritage Tree. If a Heritage Tree is removed or irreversibly damaged, as determined by the Planning Director, all remedies may be pursued against the person responsible in accordance with the provisions of this Ordinance. Exceptions will be considered by the Director of Planning pursuant to section 8.36.230 of this Ordinance. 8.36.410 Enforcement -Remedies for Violation In addition to all remedies set forth in the Municipal Code, any or all of the following remedies shall be available to the City for violation of this Ordinance: A. 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 filed by the developer and approved by the Planning Director in accordance with Section 8.36.310, Heritage Tree Preservation and Protection Plan, of this Ordinance. B. If a violation occurs in the absence of development, or while an application for a building permit or discretionary development approval for the property upon which the tree is located is pending, the Planning Director may request the City Council issue a temporary moratorium on development of the subject property pursuant to law or may issue a stop work order halting all activity on the parcel. The purpose of this stop of activity is to provide the City an opportunity to study and determine appropriate mitigation measures for the tree removal, and to ensure measures are incorporated into any future or pending development approvals for the property. Mitigation measures, as determined by the Planning Director, may be imposed as a condition of any subsequent permits for development on the subject property. C. As part of a civil action brought by the City, a court may assess against any person who commits, allows, or maintains a violation of any provision of this Ordinance a fine in an amount not to exceed one thousand dollars ($1,000) per violation per Temecula Municipal Code 1.20.030. D. In addition to any other application under Temecula Municipal Code Section 1.20.030, any person who substantially re-shapes, tops, removes, damages or destroys a Heritage Tree without the written permission of the Planning Director, shall be liable for restitution in the form of the in-kind replacement of the damaged Heritage Tree or payment of such dollar amount as the Planning Director determines is necessary to replace the damaged Heritage Tree with alike-kind, like-size tree. 1. The replacement of a Heritage Tree, or the value thereof, for purposes of this Ordinance shall be determined using the latest edition of "Guide for Plant Appraisal" by the International Society of Arboriculture. If the size of the Heritage Tree cannot be determined due to the unauthorized removal of a Heritage Tree, the size shall be determined by measuring the stump that remains or may be determined by anecdotal evidence or interpolated from photographs or adjacent trees. 2. A missing Heritage Tree shall be assumed to have been in perfect health, unless the property owner can prove otherwise by photo or other verifiable evidence. 3. Any payment made in lieu of restitution under this Section shall be used solely to fund the cost of replacing trees that have been re-shaped, topped, removed, damaged, or destroyed in violation of this Chapter. For these purposes, the payment in lieu of restitution shall include but is not limited to, the costs of procuring, planting, and establishing replacement trees. 8.36.420 Collection of Penalties A. Fines and payments in lieu of restitution for violation of this Ordinance are payable at the City's Finance/Cashier office. Fines must be paid within 30 business days. 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 Ordinance shall constitute a special assessment against the real property upon which a violation of this Ordinance has occurred. All costs and/or fines shall be itemized in a written report of assessment. The Planning 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 copy of the report of assessment in a sealed envelope, postage prepaid, addressed to the owner ash 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 turned over 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. 8.36.430 Appeals The decision of the Planning Director may be appealed to the City Council in accordance with the appeals process detailed in Chapter 2.36, "Appeals", of the City of Temecula Municipal Code. The City Council may approve, modify, or disapprove the appeal. In the event significant new evidence is presented in conjunction with the appeal, the matter shall be returned to the Planning Director for further consideration and action. In the absence of significant new evidence, the action of the City Council shall be final and conclusive. 8.36.440 Injunctive Relief Violation of any provisions of this Ordinance shall be chargeable as a misdemeanor as provided in Section 1.20.030 of the Temecula Municipal Code. In addition to the foregoing criminal penalty, violation of any provisions of this Ordinance shall be the basis for injunctive relief and is hereby deemed to be a nuisance per se. Article 5. Definitions 8.36.500 Definitions "Certified Arborist" or "Consulting Arborist" means an arborist who is registered with the International Society of Arboriculture and approved by the Planning .Director. "City" means the City of Temecula. "Cutting" means the detaching or separating from a Heritage Tree any live limb or branch over one inch in diameter, any pruning which changes the shape or natural character of the tree or any brarich removal that removes more of the tree canopy than recommended under International Society of Arboriculture (ISA) Standards. "Damage" means any action that causes permanent injury, death or disfigurement to a Heritage Tree. This may include, but is not limited to cutting, poisoning, over watering, withholding water, unauthorized relocating or transplanting of a protected tree, trenching, excavating, or paving within the protected zone of a tree. "Disfigurement" means the unsightly and injurious trimming of a Heritage Tree. This shall include tree-trimming practices not in conformance with ISA standards. It shall include pruning practices such as stubbing, heading, heading back, stubbing off, pollarding, tipping, topping off, de-horning, lopping or rounding of any Heritage Trees. "Deadwood" means the limbs, branches, or portion of a tree that contains no green leaves or live wood during a period of the year when green leaves should be present. "Development" means the improvement of any real property which requires the approval of zoning, subdivision, conditional use permits, or site development review permits. "Drip line" means a limiting line, for tree protection purposes, established by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree, but not less than five feet from the trunk, whichever is greater; and within which no construction or disturbance shall occur. "Heritage Tree" means a species of native and non-native trees of significant size and quality that contribute in a positive way to our community's environment and heritage, as determined in Section 8.36.050(A), "Heritage Trees." "Owner" means the legal owner of real property within the City of Temecula and any lessee of the owner. "Person" means ariy individual, firm, association, corporation, organization, or partnership or any city, county, district, the State or any department or agency thereof. (14 CaL.Code of Regulations, Sec.3501) "Planning Director" or "Director" means the Planning Director of the City of Temecula, or his or her duly delegated representative. "Pruning" -means the removal of water sprouts, crossed limbs, or other unhealthy branching structure as designated by the ISA. Such removal shall not change the natural form of the tree, shall not consist of stubbing or heading back branches, and shall in no case consist of removing more of the total tree canopy than recommended under ISA. "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 or untimely decline or a tree through actions including but not limited to damage, destruction, unnecessary disfigurement, withholding water, poisoning, or other deliberate or willful action or inaction. "Right-of-Way" or "Public Right-of-Way" means, for purposes of this Ordinance, the dedicated street right-of-way, or recorded easements for routine maintenance and/or utility purposes, located within the City of Temecula. "Routine Maintenance" means the actions needed for the continued health of the tree including but not limited to, the removal of deadwood or storm damaged branches, light pruning to improve scaffolding, and removal of branches less than one inch in diameter. "Site" means the real property on which activities subject to this Ordinance may occur. "Tree" means, for purposes of this Ordinance, a Heritage Tree as defined in Section 8.36.050. "Tree Canopy" means the top layer or crown of mature trees. "Tree Protection Zone" means an area identified by the City in which no soil disturbance is permitted and activities are restricted around Heritage Tree(s) -Usually the area of a temporary fenced tree enclosure. "Trimming" (see "Cutting"). "Underdeveloped Property" means those land areas incorporating larger open space or recreational uses that could be developed to a higher and best use. "Undeveloped Property" means vacant land that has not been developed for any beneficial purpose. "Urban Forest" means the natural resource composed of all tree on public and private property within the City limits and sphere of influence. Section 4. If any of this ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application, and to this end, the provisions of this Ordinance are declared to be severable by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. Section 5. The City Clerk shall certify the Ordinance and cause it to be published as required by law. This Ordinance shall take effect on the 30~h day after adoption pursuant to State law. PASSED, APPROVED, AND ADOPTED by the City Council Temecula this day of Michael ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do h~ the foregoing Ordinance No. - was duly introduced and placed upoi at a meeting of the City Council of the City of Temecula on the day and that thereafter, said Ordinance was duly adopted by the City Coun Temecula at a meeting thereof held on the day of , by th AYES: COUNCIL MEMBERS: NOES:- COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: of the City of Naggar, Mayor reby certify that its first reading of , :il of the City of :following vote: City Clerk CITY OF TEMECULA HERITAGE TREE PRESERVATION -AND PROTECTION MANUAL Approved 2008 x:~appewa;tage 1Yee Ordinance~EferitageTreeManuall12806.dac i CITY OF TEMECULA HERITAGE TREE PRESERVATION AND PROTECTION MANUAL TABLE OF CONTENTS INTRODUCTION ......................................... Section 1.0 GENERAL PROVISIONS 1.1 Heritage Tree Preservation and Protection Manual ......:...................................4 1.2 Purpose ..............................................................................................................4 1.3 Adoption and Revisions .....................................................................................4 Section 2.0 LAND DEVELOPMENT AND HERITAGE TREES 2.1 Pre-Construction ................................................................................................5 2.2 . Activities During Construction .................................... ........................................5 2.3 Grading, Soil Compaction and Root Protection ......... ........................................5 2.4 Trenching, Excavation and Equipment Use .............. ........................................6 2.5 Tunneling and Directional Drilling .............................. ........................................6 2.6 Root Cutting ............................................................... .....................:..................7 2.7 Maintenance of Heritage Trees During Construction ........................................7 2.8 Tree Removal or Relocation .....:................................ ........................................8 Section 3.0 TREE PRESERVATION AND PROTECTION PLAN 3.1 Standard Plan Requirements .............................................................................9 3.2 Sife Plan .............................................................................................................9 3.3 Photogrephs .......................................:.......................:.....................................11 3.4 General lnformation .......................................................:.................................11 Section 4.0 DEFINITIONS ...:........................:...................................................................13 Section 5.0 HERBAGE TREE INVENTORY LISTING ................................................15 2 - CITY OF TEMECULA HERITAGE TREE PRESERVATION AND PROTECTION MANUAL INTRODUCT/ON The City of Temecula lies within a unique area of Riverside County, the beauty and welfare of which is greatly enhanced by the presence of several species of native and non-native trees of significant size and quality that contribute in a positive way to our community's environment-and heritage. Sustaining our "Heritage Trees" in such a rapidly developing area presents a challenge that requires careful planning and attentive maintenance. Land Development is a complex process and is even more challenging when trees are involved, and construction activity is one of the greatest causes of decline and death to Heritage Trees within the City. Tree protection should not begin subsequent to construction. If preservation measures are delayed or ignored until construction begins, the trees may be destined to fail. Successful tree preservation occurs when construction impacts to trees are minimized or avoided altogether. The challenge is to determine when impacts will be too severe for the tree to survive, not only in the short term but also in the long term. Although there are not quantitative methods to calculate these impacts, the following Heritage Tree Preservation and Protection Manual has been prepared to provide guidelines that enhance the protection of Heritage Trees from preventable damage during land development activities. By assuring preservation and protection through regulation and standards of care, our Heritage Trees will continue to add to the unique character of the City of Temecula and its Urban Forest. SECTION 1.0 GENERAL PROVISIONS 1.1 Heritage Tree Preservation and Protection Manual The Heritage Tree Preservation and Protection Manual ("Manual") is to be used in conjunction with the City of Temecula Heritage Tree Ordinance (°Ordinance"). This Manual is not astand-alone document, but must be read in conjunction with the provisions of the Ordinance. In the instance of a conflict, the Ordinance shall control. 1.2 Purpose The purpose of this Manual is to assist users of the Ordinance by supplementing it with detailed information regarding policies, procedures, interpretations, standard requirements, and other information appligble to the preservation and protection of Heritage Trees. 1.3 Adoption and Revisions The Planning Director shall have the authority to change, update or revise the Manual as necessary in order to implement the provisions of the Manual. In the event of any conflict between the Ordinance and this Manual, the more restrictive provisions shall govern. The provisions of the Manual, to the extent they are made conditions of a permit issued by the City, shall be binding. All revisions to the Manual shall be reviewed and approved by the City Council and take effect immediately upon approval. 4 SECTION 2.0 LAND DEVELOPMENT AND HERITAGE TREES 2.1 Pre-Construction A. Tree Preservation and Protection Plan. If it is determined that a Heritage Tree exists on properly to be developed, the Planning Director will require a site specific Tree Preservation and Protection Plan and an evaluation pursuant to the California Environmental Quality Act of 1970, as amended ("CEQA"), to affect the purpose of this Manual. (Please refer to the submittal requirements identified in Section 4.0, "Tree Preservation and Protection Plan" of this Manual. B. Pre-Construction Meeting. The Planning Director, or their representative, may require an on-site pre-construction meeting with the contractor and/or applicant to discuss tree protection with the site supervisor, grading equipment contractors and demolition crews to assure that everyone fully understands the procedures and tree protective measures concerning the project site, staging areas, haul routes, watering, contacts, etc. C. Site Inspections. In addition, the Planning Director may require inspection by City staff to verify placement of protective fencing and approval of materials prior to commencement of construction. In addition, periodic inspections will be conducted to verify adherence to the tree protection measures during the on-going construction process. 2.2 Activities During Construction Soil disturbance or other damaging activities within the Tree Protection Zone is prohibited unless approved by a certified arborist to the satisfaction of the Planning Director. 2.3 Grading, Soil Compaction and Root Protection The greatest increase in soil density occurs during the first few equipment passes over. the soil. To dispense traffic weight, mulch and temporary mot buffers can be used. The following guidelines can help to lessen compaction: A. Do not park vehides or equipment, storage of building materials, refuse, or excavated soils, or dump poisonous materials on or around trees and roots. (Poisonous materials include, but are not limited to, paint, petroleum, concrete, stucco mix, dirty water or any material that may be harmful to the tree.) 5 B. Do not compact soil to higher density than required in improved areas for asphalt or concrete pavements, and not to exceed 85% density in unimproved landscape areas. C. Grade changes within the Tree Protection Zone are not permitted. At no time during or after construction should soil be in contact with the trunk of the tree above the basal flair. D. Grade changes outside of the Tree Protection Zone shall not significantly alter drainage. 2.4 Trenching, Excavation and Equipment Use A. Trenching, excavation or boring within the Tree Protection Zone shall be limited to activities approved by a certified arborist. Alternatives should be explored for trenching outside the root zone. B: Avoid exposing roots during hot weather. Baddiil trenches as soon as possible with soil and soak with water the same day. Small roots can die in 10 to 15 minutes and large roots may not survive an hour of exposure. If-the trench must be left open all roots must be kept moist by wrapping tern in peat moss and burlap. C. If trenching is unavoidable, the following minimum distances shall be maintained: Up to 19 inches Past Dripline 19-31 inches 5 feet 32-47 inches 10 feet 48-63 inches 12 feet over 64 inches 15 feet as tletemlinetl by a D. Excavation. Any. approved excavation, demolition or extraction of material shall be performed with equipment that is placed outside the Tree Protection Zone. Hand digging, hydraulic, or pneumatic excavation are permitted methods for excavation within the Tree Protection Zone. E. Equipment. Use of badchoes, Ditch-Witches, steal tread tractors or other heavy vehicles within the Tree Protection Zone is prohibited unless approved by a certified arborist. Do not use tree trunks as a bads stop, winch support, anchorage, as a temporary power pole, signpost or other similar function. 2.5 Tunneling and Directional Drilling A. Trenching, pipe or cable installation within the Tree Protection Zone shall be either cut by hand, air-spade, or by mechanically boring a tunnel under the roots with a horizontal directional drill using hydraulic or pneumatic air excavation technology. In ail cases, install the utility pipe immediately, backfill with soil and soak with water within the same day. B. Where acceptable, tunneling under the root system can greatly reduce both damage to the tree and the cost to repair landscape and other features destroyed in. the trenching process. The following recommendations for tunneling depths are provided as follows: 38 inches or more 136 inches Or as determined by a certified arborist. 2.6 Root Cutting Cutting of tree roots by utility trenching; digging foundations, placement of curbs and trenches, or other excavations requires prior approval of the Planning Director. No roots greater than 6 inches in circumference shall be cut without direction from a certified arborist. In the instance where root cutting .is unavoidable, cuts should be clean and made at right angles to the roots. When practical, cut roots bads to a branching lateral root. 2.7 Maintenance of Heritage Trees During Construction Providing adequate maintenance can mitigate stressful changes that occur to a Heritage Tree's environment during construction. To remain healthy, the tree needs to maintain stored carbohydrates and preserve the effectiveness of its growth regulators. It is recommended that development projects provide: A. Soil Compaction Mitioation. To prevent negligent encroachment into the Tree Protection Zone, trees to be preserved during construction must have the spedfied type of protection fences in place at all times. Removal of fences, even temporarily, to allow deliveries or equipment access is not allowed unless approved by a certified arborist and a root buffer is installed. The root buffer components; mulch, gravel and plywood must be maintained continually to assure its effectiveness against soil compaction. B. Mulch: During construction, wood chips may be spread within the Tree Protection Zone to a four to six (4 to 6) inch depth, leaving the trunk dear of mulch. This will aid in inadvertent soil compaction and moisture loss. Mulch shall be 2-inch (2°) unpainted, untreated shredded wood or approved material. C. Root Buffer. When areas under the tree canopy cannot be fenced, a temporary buffer is required and shall cover the root zoned and remain in place at the speafied thickness until the final grading stage. The 7 protective buffer shall consist of shredded wood chips spread over the roots at a minimum of 6-inchers (6") in depth (keeping the trunk dear of chips), and layered by '/.-inch quarry gravel to stabilize the '/.-inch plywood sheets laid on top. Steel plates can also be used. D. Irrigation. Providing supplemental irrigation for trees under water stress may be the single most important treatment. Irrigation should be designed to wet the soil within the Tree Protection Zone to the depth of the root zone and to replace that water once it is depleted. Light, frequent irrigation should be avoided. Create a 6 inch berm around trees at the edge of the Tree Protection Zone and fill with no more than 6 inches of mulch. Fill the basin with water. Irrigation should wet the top 2 to 3 feet of soil to replicate similar volumes and normal rainfall patterns. E. Erosion Control. If a tree is adjacent to or in the immediate proximity to a grade slope of 8% or more, approved erosion control or silt barrier shall be installed outside of the Tree Protection Zone to prevent siltation or erosion within the zone. F. Dust Control. During extended periods of drought, wind or grading, trunks, limbs and foliage should be sprayed with water to remove accumulated construction dust. 2.8 Tree Removal or Relocation The proposed removal or relocation of a Heritage Tree must be approved by the Planning Director in accordance with Amide 2, "Removal or Relocation of Heritage Trees," of the Ordinance. Trees that have become structurally unstable, in poor health, or unable to survive effect of construction become a liability to public safeiy and should be removed. This Manual acknowledges that conflicts beiween Heritage Trees and development may sometimes result in the removal of trees, and recognizes the detrimental effect to the project and community when these trees die after construction is completed. Where removal of a Heritage Tree is necessary, the Planning Director shall determine the appropriate mitigation measures to be provided so as to preserve the beauty and character of the Community. SECTION 3.0 TREE PRESERVATION AND PROTECTION PLAN The items listed below are basic submittal requirements to be included in the.Tree Preservation and protection Plan. As each project is unique, the applicant should consult with City staff to determine exact submittal requirements. 3.1 Standard Plan Requirements: A. Clearly differentiate between existing and proposed site improvements on all. plans. B. Include preparer's name, title, license number, address, and telephone number (preparer must be a Certified Arborist, Landscape Architect or other qual'rfied professional approved by the Planning Director). C. Include project UUe, project address, and property owner's name. D. Provide date of last revision, north arrow, and drawn to scale (no smaller than 1" = 40'-0") E. Label all property lines; inGude existing and proposed easements. F. Label and provide width of existing and proposed .roadways, access driveways, improvements within the public right-of--ways. 3.2 Site Plan: The Site Plan shall identify the following information: A. Trees t. All trees, regardless of size, and show exact locations to scale. The tree's species and common name must be directly on the plan or keyed to a legend. 2. All designated Heritage Trees in accordance with Section I (A); °Criteria for Determination of Heritage Trees° of this Mahual: 3. Heritage Trees immediately adjacent to the property must also be identified on the plan. 4. The arcumference of each tree measured at a height of 4 feet above ground level. 5. Indicate whether the tree is a single or multi-trunk, and to be removed or preserved. 9 6. If symbols are used for trees, a different symbol must be used for each spedes. B. Tree Protection Zone. Tree roots are generally located in the top 12-24 inches of soil and can extend to a distance exceeding the height of the tree and/or width. The roots located 1-5 feet from the trunk are often relatively inactive, and if cut, will cause a column of decay that can reach the top of a tree over time. The feeder roots of the tree can sustain damage during construction from lack of water, soil compaction or physical damage from cutting. 1. Indicate that no construction staging, parking, storage or disposal of construction materials or byproducts, including but not limited to paint, plaster, or chemical solutions is allowed in the Tree Protection Zone. 2. Where mulch is required, show the mulch area and indicate mulch materials and depth in accordance with Section III (A); "Soil Compaction Mitigation" of this Manual. 3. Include notes .or measures to maintain and/or improve the health of the protected Heritage Trees, such as schedule of watering during construction, deadwood removal, pest management or other practices. C. Protective Fendna. For all Heritage Trees to be preserved on site, dearly identify the fendng protecting the Tree Protection Zone with a bold dashed line. The protective fendng must be located outside of the Tree Protection Zone and erected before demolition, grading, or construction begins and remain until final inspection of the project. 1. All trees to be preserved shall be protected with five to six (5 to 6) foot high chain link fences. 2. Fences are to be mounted on two-inch (2") galvanized iron posts, driven into the ground to a depth of at least two-feet (2') and at no more than ten-foot (10') centers. 3. A two-foot (2') wide gate shall be installed for tree maintenance. 4. A warning sign shall be prominently displayed on each protective fence. The sign shall be a minimum of 8.5 inches x 11 inches and dearly state the following: TREE PROTECTION ZONE This Fence Shall Not be Removed 10 D. Utilities and Easements.: Show location of existing and/or proposed utility lines (above and below grade) and width, depth, and method of tunneling or digging any proposed trenches. 2. Show point of connection for utilities and controllers. 3. Show width and location of all existing and/or proposed drainage easements and watercourses; indicate existing and/or proposed drainage structures. E. Miscellaneous: 1. Indicate location, width, and depth of all trenches for footings including excavations for any subsurtace improvement. 2. Show existing and proposed contour lines. 3. Outline and label all existing or proposed structures (including walls, fences, construction trailers, etc.), drawn to scale, and shown in their exact location. 4. Idenfrfy staging areas, storage location for construction materials and equipment, and vehicular and equipment ingress and egress. 5. Indicate location, width, depth and method of tunneling or digging of proposed trenches for irrigation lines (mainlines and lateral lines). 3.3 Photographs: A. Provide photographs of protected Heritage Trees that shows the fonn and orientation on the property, as well as the conditions on the site: B. Photographs must be labeled with the property address or Assessor's Parcel Number (APN), date, and keyed to a site plan showing the viewpoint in which the photograph was taken. 3.4 Generallnfonmation: A. Tree Prunino or Removal: Prior to construction, Heritage Tees may need to be pruned away from structures or proposed construction activity. Construction or contractor personnel shall not attempt pruning. Heritage trees must be pruned by, or under the direction of, a certified arborist. B. Gradino. Trenching and Drainage: Grading, trenching and soil compaction activities are the factors most responsible for the dectine of Heritage Trees on construction sites. All construction activities near 11 designated Tree Protection Zones shall comply with Section 2.0, "Land Development and Heritage Trees' of this Manual. C. Erosion Control: If a tree is adjacent to or in the immediate proximity to a grade slope of 8% or more, aCity-approved erosion control or silt barrier shall be identified on the Site Plan and installed outside of the -Tree Protection Zone to prevent siltation or erosion within the Tree Protection Zone. D. Certified Arborist to Remove Trees. Removal of trees adjacent to Heritage trees that are to remain requires a great amount of care and expertise. Only a certified arborist shall engage in tree removal. unless it occurs at-the express instruction of the cert~ed arborist at time the certified arborist is on-site to supervise the tree removal. 12 SECTION 4.0 DEF/NIT/ONS "Applicant" means any person corporation, partnership association of any type, public agency or other legal entity who submits an application for land development pursuant to this Manual. "Basal Flair" means the tree trunk where it emerges from the root system and fiairs out to create the base of the tree. "Certified Arborist" means, for purposes of this Manual, an arborist who is registered in good standing with the Intemational Society of Arboriculture (ISA) and is in possession of a City of Temecula business license. "City" means the City of Temecula "Cutting" means the detaching or separating from a .Heritage Tree any live limb or branch over one inch (1") in diameter, any pruning which changes the shape or natural character of the tree or any branch removal that removes more of the tree canopy than recommended under Intemational Society of Arboriculture (ISA) Standards. "Damage" means any action that causes pennanent injury, death or disfigurement to a Heritage Tree. This may include, but is not limited to cutting, poisoning, over watering, withholding water, unauthorized relocating or transplanting of a Heritage tree; including trenching, excavating, or paving within Tree Protection Zone.. "Disfigurement" means the unsightly and injurious trimming of a Heritage Tree. This shall include tree-trimming practices not in conformance with ISA standards. It shall incude pruning practices such as stubbing, headirig, heading back, stubbing off, . potlarding, tipping,. topping off, de-homing, lopping or rounding of any Heritage Trees. "Designated Heritage Tree" means those trees possessing the qualifying attributes of a Heritage Tree and identified on the Heritage Tree Inventory Listing attached to this Manual. "Development" means the improvement of any real property which requires the approval of zoning, subdivision, conditional use permits, or site development review permits. "Director" means the Planning Director, or his or her designee. "Drip line" :means a limiting line, for tree protection purposes, of the outermost area of the tree canopy (leafy area), and within which no construction or disturbance shall occur. "Heritage Tree" means a species of native and non-native trees of significant size and quality that contribute in a positive way to our community's environment and heritage. "Owner" means the legal owner of real property within the City of Temecula and any lessee of the owner. 13 "Person" means any individual, firm, association, corporation, organization, or partnership or any city, county, district, the State or any department or agency thereof. (14 Cal. Code of Regulations, Sec.3501) "Planning Director" means the Director of Planning of the City of Temecula, or his or her duly delegated representative. "Pruning" means the removal •of water sprouts, crossed limbs, or other unhealthy branching structure as designated by the ISA. Such removal shall not change the natural form of the tree, shall not consist of stubbing or heading bads branches, and shall in no case consist of removing more of the total tree canopy than recommended under. ISA. "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 or untimely decline or a tree through actions including but not limited to damage, destruction, unnecessary disfigurement, withholding water, poisoning, or other deliberate or willful action or inaction. "Right-of-Way" or "Public Right-of-Way" means, for purposes of this Ordinance, the dedicated street right-of--way, or recorded easements for routine maintenance and/or utility purposes, located within the City of Temecula. "Root Protection Zone" means the area within a clrcle with a radius equal to the greatest distance from the trunk to any overhanging foliage in the tree canopy. "Routine Maintenance" means the actions needed for the continued health of the tree .including but not limited to, the removal of deadwood or storm damaged branches, light .pruning to improve scaffolding, and removal of branches less than one inch (1") in diameter. "Site" means the real property on which activities subject to this Manual may occur. `Tree" means, for purposes of this Manual, a Heritage Tree. `Tree Canopy" means the area of a tree that consists primarity of branches and leaves. "Tree Protection Zone" means an area identified by the City in which no soil disturbance is permitted and activities are restricted around Heritage Tree(s) -Usually the area of a temporary fenced tree enclosure. "Urban Forest" means the natural resource composed of atl tree on public and private property within the City limits and sphere of influence. 14 Section 5.0 HERITAGE TREE INVENTORY LISTING Staff has completed aCity-wide inventory of potential Heritage Tree locations or "zones° using the City's Global Positioning System (GPS). Prior to development, follow-up field visits may be necessary to confirm the species, health and desirability of such trees in accordance with the provisions of this Manual. The Heritage Tree Inventory and Zone Listing is attached to this Manual and provides useful information to property owners, private contractors and City employees whenever any development activity is planned or performed near potential Heritage Tree Zones. The inventory will be updated on an annual basis to establish a baseline of where the Heritage Tree population has been, where it is today, and where it is going in the future. While it is expected that most development projects that follow this Manual will reduce project impacts on Heritage Trees to a level of insignificance, this Manual does not exempt a project from being reviewed pursuant to the California Environmental Quality Act (CEQA) and being evaluated for sign cant project impacts to Heritage Trees. 15 Heritage Tree Inventory Listing w ee ,: ,. .~ ,~ ^. 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City of Temecula Heritage Tree Preservation Zone 6 ~o~ ®~ ~~~~~aou~ a~~6i~~~ ~~~e P~~~c~~~itu®w ~®~~ ~ C~ut~ ®~ ~c~ovoc~c~ao~~ G;1~~6i~~~ ~o°~~ p~c~~c~~r~i~u®ov ~®o~c~ ~ City of Temecula Heritage Tree Preservation Zone 9 City of Temecula Heritage Tree Preservation Zone 10 c~ut~ ®ff `~~o~~c~aa~~ ~;1~~6i~~~ ~o°~~ p~~~~~~4u®uv ~®o~~ ~ ~ City of Temecula Heritage Tree Preservation Zone 12 City of temecula Heritage Tree Preservation Zone 13 City of Temecula Heritage Tree Preservation Zone 14 City of Temecula Heritage Tree Preservation Zone 15 City of Temecula Heritage Tree Preservation Zone 16 City of Temecula Heritage Tree Preservation Zone 17 C~u~ ®ff 5~c~mr~c~c~aa~~ C;l~~u~~c~ ~~~~ PPc~~~~~i~u®~ ~®m~~ ~ ~ Guy ®if ~~~~c~a~~~ a~o°utk~~c~ ~~~~ p~~~~~~au®u~ ~®o~c~ ~ ~ C~utk~y ®~ `~c~a~ov~c~au0~ ac~~ut~~~ ~o°~~ po°c~~~~rnr~~u®o~ ~®o~~ ~® NOTICE OF PUBLIC HEARING R:\LR Projects\2008\LROB-0019 Hedtage Tree Ordinance\PC STAFF REPORT 04-16-0S.doc Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: Planning Application No. LR08-0019 Applicant: City of Temecula Location: City wide Proposal: Review the proposed Heritage Tree Ordinance and recommend an action to the City Council Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA (Section 15061(3)) Case Planner: Emery J. Papp, AICP, Senior Planner Place of Hearing: City of Temecula, Council Chambers 43200 Business Park Drive, Temecula, CA 92590 Date of Hearing: April 16, 2008 Time of Hearing: 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. The proposed project application may be viewed at the Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400. R:\pappe\Heritage Tree Ordinance\NOPH-PC.dce