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Home My WebLink About021809 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting (28 CFR 35.102.35.104 ADA Title II). AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE FEBRUARY 18, 2009 - 6:00 PM Next in Order: Resolution: 2009-04 CALL TO ORDER: Flag Salute: Commissioner Harter Roll Call: Carey, Chiniaeff, Guerriero, Harter, and Telesio PUBLIC COMMENTS 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 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 prior to the Commission addressing that item. There is a three-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 vote. 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 Minutes RECOMMENDATION: 1.1 Approve the Minutes of February 4, 2009 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File the Director's Hearing Summary 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 15 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. 3 Planninq Application Number LR08-0019, review the proposed Heritage Tree Ordinance. adopt the Ordinance, Emery Papp RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION 09- 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 8.48 (TEMECULA HERITAGE TREE ORDINANCE) TO TITLE 8 (HEALTH AND SAFETY) OF THE MUNICIPAL CODE OF THE CITY OF TEMECULA" REPORTS FROM PLANNING DIRECTOR ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, March 4, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. The entire agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet will be available for viewing the Friday before the Planning Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at cityoftemecula.org. ITEM 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE FEBRUARY 4, 2009 - 6:00 PM Next in Order: Resolution: 2009-03 CALL TO ORDER: Flag Salute: Commissioner Guerriero Roll Call: Carey, Chiniaeff, Guerriero, Harter, and Telesio CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of January 7, 2009 - APPROVED 5-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER CHINIAEFF; VOICE VOTE REFLECTED UNANIMOUS APPROVAL 1.2 Approve the minutes of January 21, 2009 - APPROVED 5-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER CHINIAEFF; VOICE VOTE REFLECTED UNANIMOUS APPROVAL PUBLIC HEARING ITEMS 2 An amendment to the City's Noise Ordinance to change the methodology for sound measurement. Debbie Ubnoske - APPROVED 5-0, MOTION BY COMMISSIONER CHINIAEFF, SECOND BY COMMISSIONER GUERRIERO; VOICE VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 09-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING ORDINANCE 07-12 (NOISE ORDINANCE) TO ADD LANGUAGE TO SECTION 9.20.050 REQUIRING THREE NOISE READINGS, TAKEN TEN MINUTES APART OVER A 30 MINUTE TIME FRAME, USING A- WEIGHTED DECIBEL (dBA) READINGS REPORTS FROM COMMISSIONERS REPORTS FROM PLANNING DIRECTOR ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, February 18, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. Stanley Harter Chairman Debbie Ubnoske Director of Planning ITEM 2 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission FROM: Debbie Ubnoske, Director of Planning DATE: February 18, 2009 SUBJECT: Director's Hearing Summary Report Planning Director's Agenda items for January 2009 Date Case No. Proposal Applicant Action January 8, 2009 PA07-0307 A Minor Conditional Use Permit for Jennifer Cauzza APPROVED the operation of a public charter school for grades kindergarten through eighth within an existing commercial structure January 29, 2009 PA08-0287 A Tentative Parcel Map (TPM Hector Correa APPROVED 36055) to merge six lots as associated with the Warehouse at Creekside Development Plan January 29, 2009 PA06-0204 A Tentative Parcel Map for Jim Griffin APPROVED condominium purposes (TPM 34753) for the Halcon de Rojo Professional Offices Attachment: Action Agendas ACTION AGENDAS ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING JANUARY 8,1:30 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 Planning Director on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state your name and address. Item No. 1 Project Number: Project Type: Project Title: Applicant: Project Description Location: Project Planner: ACTION: 1:30 p.m. PA07-0307 Minor Conditional Use Permit Julian Charter School Jennifer Cauzza A Minor Conditional Use Permit for the operation of a public charter school for grades kindergarten through eighth within an existing commercial structure. 27235 Madison Avenue Betsy Lowrey APPROVED The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet will be available for viewing the Friday before the Directors Hearing after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.org. P:\Planning\Directors-Hearing\2009\01-08-09 Action Agenda.docl ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING JANUARY 29,1:30 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 Planning Director on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state your name and address. Item No. 1 Project Number: Project Type: Project Title: Applicant: Project Description: Location: Project Planner: ACTION Item No. 2 Project Number: Project Type: Project Title: Applicant: Project Description Location: Project Planner: ACTION: 1:30 p.m. PA06-0204 Tentative Parcel Map Halcon de Rojo Professional Offices Jim Griffin A tentative Parcel Map for condominium purposes (TPM 34753) for the Halcon de Rojo Professional Offices 425 feet east of Jedediah Smith Road north of Hwy 79 South within the Rancho Pueblo PDO Eric Jones APPROVED PA08-0287 Tentative Parcel Map Dalton Warehouse Hector Correa A tentative Parcel Map to merge six lots as associated with the Warehouse at Creekside Development Plan 42081 Third Street Matt Peters/Cheryl Kitzerow APPROVED The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet will be available for viewing the Friday before the Director's Hearing after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.org. ITEM 3 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: February 18, 2009 PREPARED BY: Emery J. Papp, AICP, Senior Planner PROJECT Planning Application Number LR08-0019, review the proposed SUMMARY: Heritage Tree Ordinance, adding new Chapter 8.48 to Title 8 of the Municipal Code, and recommend that the City Council adopt the Ordinance CEQA: N/A Section 15061.(b)(3) BACKGROUND SUMMARY On April 16, 2008, staff presented the proposed Heritage Tree Ordinance to the Planning Commission. At that meeting, the Commission asked that the following concerns be addressed by staff: • Review by a certified arborist prior to adoption of Ordinance and the Protection Manual • Resolve inequity in application due to Single Family Residential property exemption • Evaluate impacts on future Capital Improvement Projects • Size of the tree (e.g. diameter or circumference) should not be the only criteria for designation as a Heritage Tree • Add provisions to protect slow growing species • Evaluate potential impacts on solar easements resulting from unchecked growth • Impose stiffer penalties for willful destruction of a Heritage Tree • Redefine what constitutes a violation • Redefine "Root Protection Zone" Staff prepared a revised Heritage Tree Ordinance and Preservation and Protection Manual addressing each of these concerns. The revised Heritage Tree Ordinance was presented to the Planning Commission on January 21, 2009. The Commission once again expressed several concerns with the proposed Ordinance and continued the item after providing the following direction to staff: • Simplify the Ordinance • Specify which species of trees are to be protected • Create a Heritage Tree Inventory • Specify that the Ordinance shall apply to new development that requires approval of a discretionary permit • Redefine the size of Oak Trees to a minimum 4-inch diameter as opposed to "any size" • Remove the exemption for %:-acre residential parcel sizes • Remove the Heritage Tree Preservation Zone Maps from the Manual Staff has completed revisions to the draft Heritage Tree Ordinance and the accompanying Heritage Tree Preservation and Protection Guidelines, and believes that all of the concerns expressed by the Planning Commission at its January 21, 2009 meeting have been addressed. ANALYSIS Pursuant to the discussion from the January 21, 2009 Planning Commission meeting, staff has revised the Ordinance to focus on new construction only that requires a discretionary permit. However, trees designated as Heritage Trees by nomination or through City Council nomination shall be subject to the same rules and regulations for protection and preservation as those designated through the development review process. The following discussions describe the proposed changes to the draft Heritage Tree Ordinance and Preservation and Protection Guidelines. Significant Revisions to Ordinance Section 8.48.110, Purpose, has been expanded to clearly state that the species to be protected include: Oak Trees, California Bay Laurel, California Black Walnut, California Holly, California Sycamore, and trees of sufficient importance to the City (e.g. nominated for a Heritage Tree). Section 8.48.110, Purpose, also clearly states the new regulations apply to new development applications that require a discretionary permit. Section 8.48.130, Heritage Tree Preservation and Protection Plan, clearly states that for discretionary permits, the applicant shall hire a certified arborist or licensed landscape architect to prepare a complete tree inventory for the proposed project site. If potential Heritage Trees are identified, a certified arborist shall prepare a Preservation and Protection Plan for the potential Heritage Trees identified on the site. This Plan shall be prepared using the City's guidelines and best management practices deemed appropriate for the site by the arborist. A new provision, Section 8.48.140 F., permits the City to exercise its police powers to designate any tree within the City as a Heritage Tree if it makes findings that the tree is thought to be related to an historic event, person, place, or happening, or that a multitude of criteria on the nomination form can be met. This provision was added upon request by Commissioner Telesio who expressed concern that extraordinarily significant trees on currently developed property could be removed unregulated. A new provision, Section 8.48.140 G., requires that any tree designated as a Heritage Tree will require the property owner to record with the Riverside County Clerk and Recorder's Office a covenant on the property to run with the land (title). The applicant shall pay the recordation fees. A new provision, Section 8.48.140 G.1., requires that if the City Council designates a tree as a Heritage Tree under Section 8.48.140 F., the City shall pay the recordation fee for the covenant. The previously proposed exemption for Y2-acre residential parcels, Section 8.48.210, has been removed because the focus has changed to new development only. 2 Minor Revisions to Ordinance: An effective date has been added (30 days after City Council approval) to Section 8.48.110, Purpose. A definition for "Discretionary Permit" has been added to Section 8.48.120. The definitions for "Native Tree" and "Non-Native Tree" have been removed from Section 8.48.120 and references to these definitions have also been removed from the Ordinance. A definition for "Special District" has been added to Section 8.48.120 Additional Planning Commission Concerns: Commissioner Chiniaeff conveyed that the City Council should consider creating a Tree Commission if this Ordinance is adopted. At the time this report was prepared, the City Council Heritage Tree Subcommittee was not in favor of creating a new Commission. Commissioner Chiniaeff expressed concern that establishing a Tree Protection Zone around a Heritage Tree to protect it from grading and ground disturbing activities would constitute a taking. However, the Ordinance permits activity within this zone including pruning, root cutting, relocation or removal, when mitigation for such activity is provided. Potential Fiscal Impacts Resulting from Ordinance: An applicant for a discretionary permit will need to hire a certified arborist or licensed landscape architect to complete a tree inventory and, if Heritage Trees are identified, a certified arborist to prepare a Protection Plan. Costs are unknown at this time and will vary from project to project as each site is unique. An applicant/owner of a project site will need to record covenants for the protection of Heritage Trees. The cost is approximately $60 per recordation. For trees designated as Heritage Trees through City Council action, the City should pay the fee. To ensure proper long-term maintenance and care for Heritage Trees, an application has been created for a Heritage Tree Pruning/Relocation/Removal Permit. This application can be found in the Heritage Tree Preservation and Protection Guidelines as Appendix D. Staff time will be involved in accepting, reviewing and processing the application. Staff is currently working with the Finance Department to estimate a fee for this application. Staff time will also be involved in accepting, reviewing and processing Heritage Tree Nomination Applications and preparing them for public hearing. Nomination applications can be found in the Heritage Tree Preservation and Protection Guidelines as Appendix E. Staff time will be involved in accepting, reviewing and processing each application. Staff is currently working with the Finance Department to estimate a fee for this application. Heritage Tree Preservation and Protection Guidelines: The accompanying Heritage Tree Preservation and Protection Guidelines (formerly Manual) have been modified to address the changes in the Ordinance. Section 1.1 of the Guidelines was revised to state that they shall serve as a model for certified arborists to use as the basis for preparing Heritage Tree Preservation and Protection Plans. Moreover, Section 1.2 of the Guidelines states that Best Management Practices shall be utilized, in the arborist's professional judgment, based upon the unique circumstances of a project site. Section 1.3 of the Guidelines was revised to indicate that the Planning Commission shall have authority to change, update or revise the Guidelines. Minor corrections were made to Sections 2.0, 3.0, and 4.0 of the Guidelines to accommodate changes in the proposed Ordinance. Significant revisions were made to Section 5.0 with regard to creating a Heritage Tree Inventory. This Section requires staff to prepare, and update on an as-needed basis, an exhibit which shows the locations of Heritage Trees throughout the City as they are identified through the development review process or by nomination. The previously identified "Heritage Tree Zones" have been deleted. As such, the original Appendix A has been deleted and a Heritage Tree Location Map has been added in its place. The remaining Appendices are unchanged. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on February 7, 2009 ENVIRONMENTAL DETERMINATION Staff has determined that Ordinance No. 09-_ (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 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 Heritage Tree Preservation and Protection Guidelines PC 1-21-09 Staff Report PC 4-16-08 Staff Report Notice of Public Hearing PC RESOLUTION PC RESOLUTION NO. 09 - 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 8.48 (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 regular meetings, considered the application and environmental review on April 16, 2008, and again on January 21, 2009, at duly noticed public hearings 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 hearings held on April 16, 2008, and again on January 21, 2009, and after due consideration of the testimony, the Commission recommended continuing the item, Long-Range Planning Application No. LR08-0019, to address concerns cited by the Commission. E. The Planning Commission, at a regular meeting, reconsidered the application and environmental review on February 18, 2009, 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. F. 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. G. 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. 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. 09- (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 Citywide Ordinance as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. z Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 18th day of February 2009. Stanley Harter, 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, do hereby certify that the forgoing PC Resolution No. 09- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18`h day of February 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Debbie Ubnoske, Secretary 3 EXHIBIT A DRAFT CC ORDINANCE ORDINANCE NO. - 09 AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, ADDING NEW CHAPTER 8.48 (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 ordain as follows: Section 1: Title 8, "Health and Safety," of the Temecula Municipal Code is hereby amended by the addition of a new Chapter 8.48, to read as follows: "CHAPTER 8.48 HERITAGE TREE ORDINANCE Article 1 General Provisions 8.48.100 Title 8.48.110 Purpose 8.48.120 Definitions 8.48.130 Heritage Tree Preservation and Protection Plan 8.48.140 Designation of Heritage Trees 8.48.150 Non-Liability of City 8.48.100 Title This chapter shall be known as "The City of Temecula Heritage Tree Ordinance" and is referred to herein as the "Ordinance." 8.48.110 Purpose The purpose of this Ordinance is to protect and preserve Oak, California Bay Laurel, California Black Walnut, California Holly, and California Sycamore trees as well as other trees of sufficient importance to the community, also known as Heritage Trees; and to justify special efforts to preserve and protect them from development activity. This Ordinance shall become effective 30 days after approval by the City Council and shall apply to all development applications that require a discretionary permit. This Ordinance will also encourage the application of management techniques to control the pruning, cutting, shaping, removal, and relocation of Heritage Trees within the City. The preservation program outlined in this Ordinance will contribute to the welfare and aesthetics of the community and retain the great historical and environmental value of these trees. 8.48.120 Definitions For purposes of this Ordinance, the following words and phrases shall have the meaning set forth in this Section. "Certified 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 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 Heritage Tree. "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. "Disfigurement" means the unsightly and injurious cutting of a Heritage Tree, including, but not limited to tree-trimming practices not in conformance with standards established by the International Society of Arboriculture and pruning practices such as stubbing, heading, heading back, stubbing off, pollarding, tipping, topping off, de- horning, lopping, and rounding. "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 outermost edge of the tree canopy, which when depicted on a map, will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead. "Encroachment" means any intrusion into or human activity within the protected zone of a Heritage 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. "Heritage Tree" means a tree designated as a Heritage Tree pursuant to Section 8.48.140 of this Ordinance. z "Heritage Tree Preservation and Protection Guidelines" means the collection of administrative rules, procedures, and requirements prepared and published by the Planning Director pursuant to Section 8.48.130 of this Ordinance. "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 his or her designee. "Protected zone" means the area extending horizontally outward from the trunk of a Heritage Tree to a point five (5) feet beyond the drip line but in no case extending less than fifteen (15) feet from the trunk. "Pruning" means the removal of water sprouts, crossed limbs, or other unhealthy branching structure in accordance with standards established by the International Society of Arboriculture. "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 actions needed for the continued good health of a Heritage Tree including, but not limited to, removal of deadwood, insect control spraying, and watering. "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. "Tree Canopy" means the top layer or crown of mature trees. "Tree Report" means a report prepared by a certified arborist regarding the potential impact of development on existing trees; the current health and/or structural stability of existing trees; the restorative or remedial measures for mitigation of potential or actual development impacts to existing trees; or the probability of long-term success of replacement or relocated trees. 3 8.48.130 Heritage Tree Preservation and Protection Plan The Planning Director shall formulate and publish guidelines necessary to implement the provisions of this Ordinance. Such guidelines shall be called "The City of Temecula Heritage 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 of this Ordinance. Upon submittal of an application for a discretionary permit, the Applicant shall also submit a tree inventory prepared by a certified arborist or a licensed landscape architect 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 and location on the site. If Heritage Trees are identified on site, a certified arborist shall prepare a Heritage Tree Preservation and Protection Plan for each potential Heritage Tree to protect them during grading and construction activities and for the life of the project. 8.48.140 Designation of Heritage Trees A. Any specimen of the following species that has reached the required diameter is a Heritage Tree: 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) more than four (4) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 2. Platanus racemosa, (California Sycamore) more than twelve (12) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 3. Umbellularia californica, (California Bay Laurel) more than eight (8) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 4. Juglans californica, (California Black Walnut) more than eight (8) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 5. Heteromeles (Photinia) arbutafolia, (California Holly) or (Toyon) more than eight (8) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. B. For purposes of paragraph A of this Section, 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 (2) inches. a C. 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 Heritage tree if it determines the tree should be preserved and protected as a condition of development due to its age, size, rarity, or appearance. Any Heritage Tree so designated shall continue to be a Heritage Tree for purposes of this Ordinance regardless of whether the approved development is ever initiated. D. Upon application of any member of the public, the Planning Commission may, after holding a noticed public hearing, designate any tree, regardless of species, as a Heritage 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 its age, size, rarity, or appearance. E. Any tree planted as a replacement for a Heritage Tree pursuant to this Ordinance shall be designated as a Heritage Tree. F. The City, in exercising its police powers, may designate any tree in the City of Temecula as a Heritage Tree, regardless of species or size. Any City initiated Heritage Tree Nomination Application shall be subject to the same noticed public hearing of the Planning Commission as detailed in paragraph D of this Section, 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. Approval of a City initiated Heritage Tree Nomination Application shall be made only if a declaration of findings can be made that the tree is thought to be related to an historic event, person, place, or happening, or that multiple criteria on the Nomination Application are met. G. Any tree designated as a Heritage 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. . 1. If a tree is designated as a Heritage Tree under Section 8.48.140 F., the City shall pay the recordation fees. 8.48.150 Non-Liability of City Nothing in this Ordinance 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. s Article 2 Cutting, Removal, Relocation, or Encroachment Upon Heritage Trees 8.48.200 Heritage Tree Maintenance and Preservation 8.48.210 Permit Requirement and Exceptions 8.48.220 Permit Application and Review 8.48.230 Standards of Approval 8.48.200 Heritage Tree Maintenance and Preservation A. All owners of real property on which a Heritage 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 Heritage Trees in a state of good health. Failure to do so will constitute a violation of this Ordinance. B. Damaging a Heritage Tree is prohibited. Each action that damages a Heritage Tree shall be a separate violation. 8.48.210 Permit Requirement and Exceptions A. Except as allowed under paragraph B of this Section, no person shall cut, remove, or relocate a Heritage Tree, or encroach into the protected zone of any Heritage Tree without first obtaining a Heritage Tree Pruning/Relocation/Removal Permit from the City in accordance with the provisions of this Ordinance. B. A Heritage Tree may be cut, removed, relocated, or encroached upon without a Heritage Tree Pruning/Relocation/Removal Permit only under the following circumstances: 1. A peace officer, fireman, civil defense official, or code enforcement officer 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 Planning Department shall be promptly noticed of the nature of the emergency and action taken. 2. Fire Department personnel actively engaged in fighting a fire have determined that removal of the tree is necessary to their firefighting efforts. 3. The tree is less than ten (10) inches in diameter and is held for sale by a licensed nursery. 4. Pruning and routine maintenance necessary to avoid casting a shadow upon a solar power collector located on the property of another. 6 5. 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. 6. 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. 7. 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. 8. 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 Heritage Tree Pruning/Relocation/Removal Permit shall submit an application on a form designated by the Planning Director and pay the appropriate filing fee as set by Council resolution. B. If an application for a Heritage Tree Pruning/Relocation/Removal Permit pertains to five (5) or fewer trees located on a single parcel, the Planning Director shall review the application and approve, deny, or conditionally approve the request. The Planning Director's decision may be appealed to the Planning Commission, which may uphold, modify, or reverse the decision of the Planning Director. C. The Planning Commission shall review all applications for a Heritage Tree Pruning/Relocation/Removal Permit not reviewed in the first instance by the Planning Director. 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 Ordinance may be appealed to the City Council in accordance with Chapter 2.36 of the Temecula Municipal Code. 8.48.230 Standards of Approval A. An application for a Heritage Tree Pruning/Relocation/Removal Permit may only be approved 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 Heritage Tree; 2. Protect life or property from a danger posed by the Heritage 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 Heritage Tree Pruning/Relocation/Removal 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 Heritage Tree(s) to be removed; 3. An arborist's report on the likelihood for survival of any Heritage 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 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 2. The planting on-site or off-site of replacement trees of the same or similar species, having the approximate size, age and health as the Heritage Trees to be removed at a 2:1 ratio; 3. 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 Heritage Trees on the property; 4. Payment of a fee equal to the cost of procuring, planting, establishing, and maintaining replacement trees on a 2:1 basis, 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 8 International Society of Arboriculture. Such payments shall be used solely to fund the cost of replacing trees that have been removed. Article 3 Violations and Enforcement 8.48.300 Violations 8.48.310 Remedies 8.48.320 Restitution 8.48.330 Collection of Penalties 8.48.300 Violations A. Violations of this ordinance are subject to criminal misdemeanor penalties and civil penalties pursuant to Chapters 1.21 and 1.24, respectively, of the Temecula Municipal Code. B. Intimidating, harassing, or otherwise retaliating against any person who seeks to attain compliance with this Ordinance is prohibited. C. Causing, permitting, aiding, abetting or concealing a violation of any provision of this Ordinance is prohibited. D. A violation of this chapter is declared to be a public nuisance. 8.48.310 Remedies A. The remedies provided by this Ordinance 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 Ordinance by a civil action, including, without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. B. 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 Planning Director. 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 Planning Director may: (1) request the City Council issue a temporary moratorium on development of the subject property pursuant to law; or (2) issue a stop work order halting all activity on the parcel. 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 s 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 the Ordinance, the City may seek restitution from any person who damages, removes, or relocates a Heritage Tree in violation of this Ordinance in the form the replacement of the Heritage Tree so removed or damaged or a fine in lieu of restitution. The Planning Director shall determine the form of restitution required. 1. If the Planning Director determines that restitution should be made in the form of a replacement of the Heritage 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 2:1 ratio. The location of such plantings shall be determined by the Planning Director; 2. If the Planning 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, planting, establishing, and maintaining replacement trees. The cost of the replacement tree 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. Payments made in lieu of restitution shall be used solely to fund the cost of replacing trees that have been damaged or removed in violation of this Ordinance. B. If the size of a Heritage 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 Planning Director shall presume that a missing Heritage Tree was in perfect health, unless the photographs or other verifiable evidence demonstrates otherwise. 8.48.330 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 thirty (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 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 10 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. 11 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , Maryann Edwards, Mayor 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 hereby certify that the foregoing Ordinance No. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 12 HERITAGE TREE PRESERVATION AND PROTECTION GUIDELINES PC 1-21-09 STAFF REPORT HERITAGE TREE PRESERVATION AND PROTECTION GUIDELINES TABLE OF CONTENTS INTRODUCTION .......................................................................................................................3 Section 1.0 GENERAL PROVISIONS 1.1 Heritage Tree Preservation and Protection Guidelines .....................................4 1.2 Purpose ..............................................................................................................4 1.3 Adoption and Revisions .....................................................................................4 1.4 Criteria for Determination of Heritage Trees ......................................................4 Section 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 Section 3.0 3.1 3.2 3.3 3.4 Section 4.0 Section 5.0 5.1 5.2 5.2 APPENDICES A. B. C. D. E. LAND DEVELOPMENT AND HERITAGE TREES Pre-Construction 6 Activities During Construction ...................6 Grading, Soil Compaction and Root Protection ...................6 Trenching, Excavation and Equipment Use ...................7 Tunneling and Directional Drilling ...................7 Root Cutting ...................8 Maintenance of Heritage Trees During Construction ...................8 Tree Removal or Relocation ...................9 Tree Pruning, Removal or Relocation Permit Required ...................9 Exceptions ...................9 TREE PRESERVATION AND PROTECTION PLAN Standard Plan Requirements ...........................................................................10 Site Plan ...........................................................................................................10 Photographs .....................................................................................................12 General Information .........................................................................................12 DEFINITIONS ................................................................................................14 HERITAGE TREE INVENTORY LISTING Heritage Tree Inventory Sensitive and Protected Areas Heritage Tree Nomination Process Heritage Tree Location Map Riparian Areas Important Wildlife Movement Corridors Heritage Tree Pruning/Removal Permit Application Heritage Tree Nomination Form ........................................18 ........................................18 ........................................18 2 CITY OF TEMECULA HERITAGE TREE PRESERVATION AND PROTECTION GUIDELINES INTRODUCTION 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 Guidelines have been prepared to provide guidelines that enhance the protection of Heritage Trees from preventable damage from vandalism and 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 1.2 1.3 1.4 Heritage Tree Preservation and Protection Guidelines The Heritage Tree Preservation and Protection Guidelines ("Guidelines") are to be used in conjunction with the City of Temecula Heritage Tree Ordinance ("Ordinance"). These Guidelines are intended to provide a baseline methodology for certified arborists when preparing Preservation and Protection Plans in conjunction with the submittal of a discretionary permit application and must be applied in conjunction with the provisions of the Ordinance. In the instance of a conflict, the Ordinance shall control. Purpose The purpose of these Guidelines is to assist users of the Ordinance by supplementing it with detailed information regarding policies, procedures, interpretations, standard requirements, and other information applicable to the preparation of a Preservation and Protection Plan for Heritage Trees. These Guidelines are not intended to be a "one-size-fits-all" document, but rather the expert opinion of a certified arborist as to the use of best management practices for Heritage Tree preservation and protection shall be applied. Adoption and Revisions The Planning Commission shall have the authority to change, update or revise the Guidelines as necessary in order to implement the provisions of the Guidelines. In the event of any conflict between the Ordinance and the Guidelines, the Ordinance shall govern. The provisions of the Guidelines, to the extent they are made conditions of a permit issued by the City, shall be binding. All revisions to the Guidelines shall be reviewed and approved by the Planning Commission and take effect immediately upon approval. 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: 1. Oak Trees located within areas identified by the General Plan Land Use map as Open Space, or otherwise protected lands such as riparian areas, important wildlife movement corridors (MSHCP) and conservation easements, upon reaching a diameter of four (4) inches. 2. Tree species having a diameter as defined in Section 4.0, Definitions, of these Guidelines, measured at a height of four (4) feet above ground level. 4 Multiple trunk trees having a combined trunk diameter of two (2) or more inches larger than the minimum single-trunk diameter shall also meet the size requirement. 3. A tree or trees planted as a replacement for a Heritage Tree. 4. A tree or trees designated by the Planning Commission and/or City Council to be protected in place by the existing or underlying Conditions of Approval for an approved land use entitlement. 5. Any tree or trees designated by the Planning Commission and/or City Council through the approval of a Heritage Tree Nomination Application. SECTION 2.0 LAND DEVELOPMENT AND HERITAGE TREES 2.1 2.2 2.3 Pre-Construction A. 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 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 these Guidelines. (Please refer to the submittal requirements identified in Section 3.0, "Tree Preservation and Protection Plan" of these Guidelines. 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. 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. 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 root buffers can be used. The following guidelines can help to lessen compaction: A. Do not park vehicles 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.) 6 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. Backfill 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 them in peat moss and burlap. C. If trenching is unavoidable, the following minimum distances shall be maintained: 3 ' ' 9`AA1~TR~"= rrtea~ured . ee bo,Yeanatural~ jade MINIMl~N1~fSTrANCEFROM, BOTH :St®ES,OF I UNW 'Oak Tree, 4 inches or more 5 feet beyond (away from California Sycamore, 12 inches or more trunk) the drip line of the tree California Bay Laurel, 8 inches or more or 15 feet away from the California Black Walnut, 8 inches or more trunk, whichever is greater. California Holly or To on, 8 inches or more ` Or as determined by a certified arborist. 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 backhoes, 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 back 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 all 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: ~ yfiRONWO gW,ETER , f . 1 N Asi~red 4 eet o e natural' `0ade * t f1NIMUM TUNNEL DEPTH y : 12 inches or less 24 inches More than 12 inches 36 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 back 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 Mitigation. To prevent negligent encroachment into the Tree Protection Zone, trees to be preserved during construction must have the specified 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 clear of mulch. This will aid in inadvertent soil compaction and moisture loss. Mulch shall be 2-inch (2°) unpainted, untreated shredded wood or other approved material. C. Root Buffer: When areas under the tree canopy cannot be fenced, a temporary buffer is required and shall cover the root zone and remain in place at the specified thickness until the final grading stage. The 8 protective buffer shall consist of shredded wood chips spread over the roots at a minimum of 6-inches (6°) in depth (keeping the trunk clear of chips), and layered by Y4-inch quarry gravel to stabilize the Y4-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 the Heritage Tree Ordinance. Trees that have become structurally unstable, in poor health, or unable to survive the effects of construction become a liability to public safety and should be removed. These Guidelines acknowledge that conflicts between 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. 2.9 Tree Pruning, Removal or Relocation Permit Required No person shall cut, remove, encroach into the protected zone, or relocate any Heritage Tree on any public or private property within the City unless a valid Heritage Tree Pruning/Relocation/Removal Permit has been issued by the City in accordance with the provisions of these Guidelines. An example of the Heritage Tree Pruning/Relocation/Removal Permit is attached to these Guidelines as Appendix E, and copies may be obtained from the Planning Department or the City's website at www.citvoftemecula.org. 2.10 Exceptions A permit is not required to cut, encroach, remove, or relocate a Heritage Tree(s) under the circumstances identified in the Heritage Tree Ordinance. 9 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 qualified professional approved by the Planning Director). C. Include project title, 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; include 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 1. 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 1.4; "Criteria for Determination of Heritage Trees" of these Guidelines. 3. Heritage Trees immediately adjacent to the property must also be identified on the plan. 4. The diameter 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. . 10 6. If symbols are used for trees, a different symbol must be used for each species. 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. 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 these Guidelines. 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 Fencing. For all Heritage Trees to be preserved on site, clearly identify the fencing protecting the Tree Protection Zone with a bold dashed line. The protective fencing 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 or other material(s) approved by the Director of Planning. 2. Fences are to be mounted on two-inch (2") galvanized iron posts or untreated 4" x 4" wood posts, driven into the ground to a depth of at least two-feet (2') and at no more than ten-foot (10') centers. Concrete shall not be used to reinforce posts. 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 clearly state the following: TREE PROTECTION ZONE This Fence Shall Not be Removed I1 D. Utilities and Easements.: 1. 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 subsurface 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. Identify 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 form 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 General Information: A. Tree Pruning or Removal: Prior to construction, Heritage Trees 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. Grading. Trenching and Drainage: Grading, trenching and soil compaction activities are the factors most responsible for the decline of Heritage Trees on construction sites. All construction activities near 12 designated Tree Protection Zones shall comply with Section 2.0, "Land Development and Heritage Trees" of these Guidelines. C. Erosion Control: If a tree is adjacent to or in the immediate proximity to a grade slope of 8% or more, a City-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. Construction or contractor personnel shall not attempt tree removal unless it occurs at the express instruction of the certified arborist at the time the certified arborist is on-site to supervise the tree removal. 13 SECTION 4.0 "Applicant" means any person corporation, partnership association of any type, public agency or other legal entity who submits a discretionary permit application for land development pursuant to these Guidelines. "Basal Flair" means the tree trunk where it emerges from the root system and flairs out to create the base of the tree. "Certified Arborist" or "Consulting Arborist" means, for purposes of these Guidelines, an arborist who is registered in good standing with the International 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 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 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 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 limbs, branches, or a portion of a tree that contains no green leaves during a period of the year when they should be present. "Designated Heritage Tree" means those trees possessing the qualifying attributes of a Heritage Tree and identified on the Heritage Tree Inventory Listing attached to these Guidelines. "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. "Encroachment" means any intrusion or human activity into the protected zone of a Heritage Tree including, but not limited to, pruning, grading, excavating, trenching, 14 parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements. "Heritage Tree" shall mean a tree that because of its size, age, historical or cultural significance, or unique and irreplaceable values to the community needs to be preserved and safeguarded as a symbol of the City's heritage, beauty and image. Heritage Trees shall include specimens of the following species which have reached the designated maturity (diameter): Platanus racemosa, (California Sycamore) which exceed twelve (12) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree; Umbellularia californica, (California Bay Laurel) which exceed eight (8) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree; Juglans califomica, (California Black Walnut) which exceed eight (8) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree; Heteromeles (Photinia) arbutafolia, (California Holly) or (Toyon) which exceeds eight (8) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. Trees with multiple trunks shall be deemed to have reached maturity if the sum of the diameters of the multiple trunks exceeds the required diameter plus two (2) inches of a single trunked tree. Heritage Trees shall also include all designated oak trees. Likewise, Heritage Trees shall also include any tree(s), of any type, designated as Heritage Trees by the Planning Commission or City Council during review of any land use entitlement request and which trees are required to be preserved as a condition of that City approved entitlement, land division, or tract map. This designation shall continue whether or not the use for which the entitlement is issued is inaugurated or the land division or tract map is recorded. "Heritage Tree Preservation and Policy Guidelines" shall mean the policy established by the City Council and the administrative procedures and rules established by the Planning Commission for implementation of the Guidelines. "Oak tree" shall mean 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), upon reaching four (4) inches in diameter.. "Ornamental Tree" shall mean a non-flowering deciduous or evergreen tree planted primarily for its ornamental value or screening purposes, and tending to be smaller at maturity than a shade tree. "Owner" means the legal owner of real property within the City of Temecula and 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. (14 Cal. Code of Regulations, Sec.3501) "Planning Director" or "Director" means the Director of Planning of the City of Temecula, or his or her duly delegated representative. "Protected Zone" or "Root Protection Zone" or "Tree Protection Zone" shall mean a specifically defined area totally encompassing a Heritage Tree within which work activities are strictly controlled. When depicted on a map, the outermost edge of the 15 protected zone will appear as an irregular shaped circle that follows the contour of the drip line of the tree. Using the drip line as a point of reference, the protected zone shall commence at a point five (5) feet outside of the drip line and extend inward to the trunk of the tree. In no case shall the protected zone be less than fifteen (15) feet from the trunk of a Heritage Tree. "Pruning" means the removal of water sprouts, crossed limbs, or other unhealthy branching structure as designated by the International Society of Arboriculture (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 (1") in diameter. "Site" means the real property on which activities subject to these Guidelines may occur. "Street Tree" shall mean any tree located in a City street right of way between the edge of pavement and the adjacent property line. "Tree" means, for purposes of these Guidelines, a Heritage Tree. "Tree Canopy" means the top layer or crown of mature trees. "Tree Report" means a report prepared by an arborist for the potential impact of development on existing trees; the current health and/or structural stability of existing trees; the restorative or remedial measures for mitigation of potential or actual development impacts to existing trees; and/or the probability of long-term success of replacement or relocated trees. "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. 16 "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. 17 Section 5.0 HERITAGE TREE INVENTORY LISTING Staff shall prepare a City-wide inventory of Heritage Trees using the City's Global Positioning System (GPS) as Heritage Trees are identified through discretionary permit application review or through the nomination process. City staff shall prepare an exhibit graphically depicting the location of Heritage Trees throughout the City. Prior to authorizing ground disturbing activity, staff will review this exhibit and follow-up field visits by a certified arborist may be necessary to confirm the species, health and desirability of such trees in accordance with the provisions of these Guidelines. While it is expected that most development projects that follow these Guidelines will reduce project impacts on Heritage Trees to a level of insignificance, these Guidelines do not exempt a project from being reviewed pursuant to the California Environmental Quality Act (CEQA) and being evaluated for significant project impacts to Heritage Trees. 5.1 Heritage Tree Inventory: The Heritage Tree Inventory is attached to these Guidelines as Appendix A and provides useful information to property owners, private contractors and City employees whenever any development activity is planned or performed near a Heritage Tree. The Planning Director shall have the authority to update the Heritage Tree inventory on an as-needed basis as Heritage Trees are identified. Only trees designated by the Planning Director, Planning Commission, or City Council as Heritage Trees shall be added to the inventory 5.2 Sensitive and Protected Areas: In particular, native trees located within areas identified by the General Plan Land Use map as Open Space, or otherwise protected lands such as riparian areas and important wildlife movement corridors (MSHCP) will be included in the inventory as Heritage Trees. An exhibit showing the approximate location of riparian areas is included as Appendix B of these Guidelines. An exhibit showing the approximate location of important wildlife corridors is included as Appendix C of these Guidelines. The City's Land Use map is available for viewing at the Planning Department or on the City's website at www.cityoftemecula.oro. 5.3 Heritage Tree Nomination Process: 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 properly 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. The purpose of the Heritage Tree Nomination process 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 18 preserve them. Heritage Tree Nomination applications shall be accepted from the public at large when endorsed by the property owner. The Planning Commission shall have approval authority for Heritage Tree Nomination applications. An example of the Heritage Tree Nomination form and acceptance criteria is attached to these Guidelines as Appendix D, and copies may be obtained from the Planning Department or the City's website at www.citvoftemecula.org. 19 APPENDIX A HERITAGE TREE LOCATION MAP 5 _ T) II I1T) 'TEMFCLTL KI Sample Heritage Tree Inventory Map - - ti k1'~ I I Z,b I ~ I Legend ~ C <H ' 'ONG GABON G city Highways 79 gHyaN EMPIRE EK streetoz N Hydrology Lines ESTIMATED i - L 11 1 , 79 Ff" C 0 1.6 3.2 4.8 mi. 1 Scale: 1:89,177 Map center: 6296009, 2126537 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Notes: Red dots show approximate location of Oak Trees recommended for protection as Heritage Trees APPENDIX B RIPARIAN AREAS rf Oak ppen '.K., Woodlai J Wal erlReoervo it/PO nd / F I ' vt,}. n w W. t" t Opan- Weler/Raaervolr/Pond i I ~ Jr I T - e ~ i Water/ReaervoiuPond oak Oak Woodall Woodard 1 Open ' YtS^y, W i /Rr.~eNOir/Pond Oak Waodand Oak -Oak Woodland Woadaad. Oak WoodlaM Oak Woodland Oak Woodland Oak _ woodland OakV oak Oak Woodland Woodland Oak Oak Oak _ Woodland Woodland Woodland L oak t Woodia Oak Oak Woodland Woodland Watercourses Legend open Water/Reservoir/Pond Hydropraphy N W E S rp rn~rrr a r' t t 7 4 lone APPENDIX C IMPORTANT WILDLIFE MOVEMENT CORRIDORS 7~ iI~I /I Proposed Fore 2 Fxi6nhiPn~- Gnnstrainad Constrainad cr VmMing Coto% I Unkapp Uilka9~ ~ws Care j e 4 Y r 4I IN Proposed J ~ ; C a "d - Proposed Y Cowl, lied ar Linkage 14\ Core G Existing Linkage A Wildlife Corridors (MSHCP) Legend Hydrography - Constrained Linkage F Core - Extension of Existing Core - Linkage Noncontiguous Habitat Block N w E S iµ rraipr i~ ~4 tnn~, J. APPENDIX D HERITAGE TREE PRUNING/REMOVAL PERMIT APPLICATION h City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 (951) 694-6400 FAX (951) 694-6477 E-Mail: www.cityoftemecula.org Date Stamp Heritage Tree Pruning/Relocation/Removal Planning Application PROJECT INFORMATION (INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED) TREE DESCRIPTION: Heritage Tree name (species and common name): Number of trees: Street address: Parcel Number: Location of Tree: ❑ Front yard ❑ Rear yard ❑ Side yard ❑ Corner-side yard ❑ Public right-of-way ❑ Public lands ❑ Not sure ❑ Other: GPS units (OPTIONAL): Height Average canopy width' Circumference at chest leve12 Circumference at ground level3 feet feet inches inches 1 Distance from one edge to opposite edge of tree canopy 2 Distance around trunk at 4 ft off the ground. http://www.isa-arbor.com/publications/tree-ord/heritage.aspx 3 Distance around trunk on the ground where the trunk meets the soil. The Planning Commission will use the following criteria to evaluate each Heritage Tree Application. If you need more space to describe the tree, please attach additional sheets. APPLICANT/OWNER INFORMATION: Name of Applicant: Address: City: State: Zip: Phone (day) Fax E-mail: Name of Property Owner: Mailing Address: City: State: Zip: REASON FOR WORK BEING DONE: (Briefly describe the reason for pruning, relocating or removing the Heritage Tree) Heritage Tree pruning must be performed in accordance with the most recently Published standards of the International Society of Arboriculture (ISA): I have received and have read a copy of the International Society of Arboriculture requirements for tree pruning: ❑ Yes O No Applicant or Property Owner Name and Signature I will retain the services of an ISA certified arborist to perform and/or supervise the pruning work of the Heritage Tree. 0 Yes O No Arborist's Name, Signature; and Certification If the property owner does not retain a certified arborist, the City will require the pruning work to be monitored by qualified city staff at the property owner's expense. Actlvity Case : 4FOR STAFF USE ONLYE Descnption: Fees Pa;d: S Site Inspection Required :1 Yes :3 No Sire Inspecton Date: Monitoring reojirM ❑ Yes O No Inspector Monitoring dare: APPENDIX E HERITAGE TREE NOMINATION FORM Heritage Tree Nomination Form Disclaimer: Any information you include on this form will be part of the public record. Anyone may request to see the information you submit for a Heritage Tree nomination. For more legal information, see the last page of this form. Who can nominate a Heritage tree? • The City Council, Planning Commission, and the head of a City department or agency may nominate a tree. • The head of a City department or agency may nominate a tree on property under their jurisdiction. City departments and agencies should conduct an internal approval process before nominating a tree. • A property owner may nominate a tree on his or her property. • A member of the public may ask an authorized nominator to nominate a tree. I am one of the following authorized nominators ❑ Property owner ❑ City Council member ❑ Head of a City Department or Agency ❑ Planning Commission member Please note that a permit will be required for any future removal of a Heritage tree. Pursuant to Ordinance 09-_, the City of Temecula requests the following information. Authorized nominator (City Council, Planning Commission, Head of City Department, Property Owner): Property owner: Name Address Address Phone (day) Fax # Email Name Address Address Phone (day) Fax # Email Member of the public who initiated nomination (if applicable): Name Address Address Phone (day) Fax # Email I am an authorized nominator and I support this nomination. Signature Date I am the property owner and I grant permission for city staff to evaluate the nominated tree on the property with advance notice. Signature Date City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 (951) 694-6400 FAX (951) 694-6477 E-Mail: www.cityoftemecula.org Date Stamp. Heritage Tree Nomination Planning Application PROJECT INFORMATION (INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED) TREE DESCRIPTION Tree name (species and common name): Number of trees: Street address: Location of Tree: GPS units (OPTIONAL): Height feet Average canopy width' feet Circumference at chest level Circumference at ground level' inches inches 1 Distance from one edge to opposite edge of tree canopy 2 Distance around trunk at 4.5 ft off the ground. http://www.isa-arbor.com/publications/tree-ord/heritaae.aspx 3 Distance around trunk on the ground where the trunk meets the soil. The Planning Commission will use the following criteria to evaluate each Heritage Tree Application. If you need more space to describe the tree, please attach additional sheets. Rarity: -Rare -Uncommon -Common -Other Unusual species in Temecula. Also consider rarity in California, North America, world. ❑ Front yard ❑ Rear yard ❑ Side yard ❑ Corner-side yard ❑ Public right-of-way ❑ Public lands ❑ Not sure ❑ Other: Comment: Size: -Large -Medium -Small Notable size (height, diameter, canopy width) compared to other trees of the same species. Comment: Age: Significantly advanced age for this species (known or estimated). Comment: Historical Association: Yes _ None apparent Related to a historic or cultural building, site, street, person, event, etc. Describe nature of appreciation: Ethnic appreciation: -Yes -None apparent Particular value to certain ethnic groups in neighborhood or city. Describe nature of appreciation: Neighborhood appreciation: - Yes -None apparent Multiple indicators such as letters of support, petition, outdoor gatherings, celebrations adjacent or related to tree, etc. Attach documentation: Describe: Planting defines neighborhood character: Contributes to neighborhood aesthetic. Describe contribution: Yes _No Profiled in a publication or other media: Yes Unknown Tree has received print, internet, and/or video media coverage. Attach documentation if appropriate. Describe coverage: High traffic area: Yes No High visibility, possible traffic calming effect. Describe: Low tree density: Low Moderate Tree exists in a neighborhood with very few trees. Describe: -High Extends between multiple properties: Yes High visibility, multiple neighbors share tree. Describe: No Accessible from public right-of-way: High visibility. Describe: Important wildlife habitat: Yes No Wildlife shelter and/or food (observed or potential). Describe and be as specific as possible. Interdependent group of trees: Yes No This tree forms a supercanopy and removing it may have an adverse impact on adjacent trees. Describe: Erosion control: Tree prevents soil erosion. Describe: -Yes No Wind or sound barrier: Yes No Tree reduces wind speed or mitigates undesirable noise. Describe: Prominent landscape feature: Yes A striking and outstanding natural feature. Describe, attach photo if possible: Yes -No No Character-defining form: _Yes No Tree is an example of good form for its particular species. Describe: Tree condition: Good Poor _Hazard Consider overall tree health and structure, and whether or not tree poses a hazard Describe: Additional comments If you have any questions about this form, tree terms or tree concepts, please contact the Planning Department staff (below). It is acceptable if you cannot provide some of the information requested on this form. A photograph of the tree must be submitted with this form. Please attach optional supporting documents such as letters, arborist report, etc. Send to: Planning Department, P.O. Box 9033, Temecula, CA 92589-9033, (951) 694-6400. Any information you submit will be part of the public record. The Public Records Act defines a "public record" broadly to include "any writing containing information relating to the conduct of the public's business prepared, owned, used or retained by any slate or local agency, regardless of the physical form or characteristics" Govt. Code § 6252(e). Pursuant to the Public Records Act, this document is a public record and will be available to the public upon request, at the hearing site, at the Temecula Main Library, and on the City's website. Application received date Received by Tree evaluation form UFC recommendation date Planning Commission Decision Heritage Tree # Title recorded date STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: January 21, 2009 PREPARED BY: Emery J. Papp, AICP, Senior Planner PROJECT Planning Application Number LR08-0019, review the proposed SUMMARY: Heritage Tree Ordinance, adding new Chapter 8.48 to Title 8 of the Municipal Code, and recommend that the City Council adopt the Ordinance CEQA: Categorically Exempt Section 15061.(b)(3) BACKGROUND SUMMARY 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 proposed Heritage Tree Ordinance, Heritage Tree Preservation and Protection Manual and its appendices represent the outcome of a City Council Subcommittee spearheaded by Council Members Ron Roberts and Chuck Washington. 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. A draft of the proposed Ordinance was presented to the Planning Commission on April 16, 2008. At the conclusion of this public hearing, the Planning Commission cited several concerns with the Ordinance and requested a 90-day continuance for staff to revise the Ordinance. To address these concerns, staff prepared a significantly revised Ordinance largely based on existing Ordinances created by the City -of Thousand Oaks to protect Oak Trees and other Landmark Trees. The Thousand Oaks' Ordinances have been. on the books for decades and are widely regarded as setting the bar for protection of significant trees. The revised Ordinance, which was prepared by staff in conjunction with the Council Subcommittee and the City Attorney, took longer than the requested 90-day continuance and was continued off-calendar. The delay in returning the item to the Planning Commission was caused by the extent of changes to the draft Ordinance, additional review by legal counsel, and several attempts to enter into a contract with a consulting arborist. At the time this report was prepared, the draft Ordinance had not been reviewed by an arborist, however, staff continues to negotiate a contract with a certified arborist. ANALYSIS The original draft Heritage Tree Ordinance was a broad-brush approach that would have provided automatic protection to all trees, except Eucalyptus species, once they reached a certain diameter. This approach could have led to long-term maintenance problems and potential legal issues, such as impacting solar easements and damage claims. The most significant change to the revised Ordinance is the change in focus to protection of native tree species in their native environment. All species of oaks found within naturally occurring open space areas or designated Open Space areas are protected regardless of their size. Other native species such as Black Walnut, California Holly and California Sycamore receive automatic protection in their native environment once they have grown to a specified diameter. 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 and Preservation and Protection Manual. The contents of each Article within the proposed Ordinance are summarized below. Article 1 of the proposed Ordinance contains the purpose for the Ordinance, defines key terms used throughout the Ordinance and the accompanying Heritage Tree Preservation and Protection Manual, and the criteria for determining what qualifies as a "Heritage Tree." In general, native specimen oak tree species, regardless of size, are considered Heritage Trees. Native specimen California Sycamore, California Bay Laurel, California Black Walnut, and California Holly are also protected at maturity. According to the International Society of Arboriculture, California Sycamore is considered mature when the trunk diameter reaches 12 inches. All of the other species mentioned above are considered mature specimens when the trunk diameter reaches 8 inches. Also included are trees of any size planted as a replacement for a Heritage Tree, and trees determined by Conditions of Approval to be protected in place. New to the Article 1 is a procedure that permits members of the public to nominate any tree in the City as a Heritage Tree. To be considered, the property owner must consent to the nomination, and an application must be submitted for review and approval by the Planning Commission. The accompanying Heritage Tree Preservation and Protection Manual outlines this procedure. An additional purpose of the Heritage Tree Preservation and Protection Manual is 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. The Planning Director shall have the authority to change, update or supplement these provisions. Article 2 of the proposed Ordinance discusses the need for lawful maintenance, removal or relocation of Heritage Trees. Under these provisions, the Director of Planning may approve a permit for the pruning, 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 criteria 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 defines what constitutes a violation of the Ordinance and discusses enforcement and remedies for violations, including the appeals process. Penalties for willful destruction of a Heritage Tree include fines assessed under Sections 1.21 and 1.24 of the Temecula Municipal Code and restitution in the form of physical replacement or payment equal to the value of the Heritage Tree as determined by the International Society of Arboriculture. 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 January 10, 2009 ENVIRONMENTAL DETERMINATION Staff has determined that Ordinance No. 09- (Heritage Tree Ordinance) is exempt from the requirements of the California Environmental Quality Act ("CEOA") 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 Heritage Tree Preservation and Protection Manual Appendix A Zone Map Overview Maps 1-10 Maps 11-20 Appendix B Watercourses Appendix C Corridors Appendix D Tree Pruning-Removal Permit Appendix E Heritage Tree Nomination Form PC 4-16-08 Staff Report Notice of Public Hearing PC 4-16-08 STAFF REPORT STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: April 16, 2008 PREPARED BY: Emery J. Papp, AICP, Senior Planner PROJECT Planning Application Number LR08-0019, review the proposed SUMMARY: Heritage Tree Ordinance, adding Chapter 8.36 to Title 8 of the Municipal Code, and recommend that the City Council adopt the Ordinance CEOA: 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 properly 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 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 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 NOTICE OF PUBLIC HEARING Notice of Public Hearing Case No: Applicant: Location: Proposal: A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Planning Application No. LR08-0019 City of Temecula City wide 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: February 18, 2009 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 Emery Papp at the City of Temecula Redevelopment Agency, (951) 693-3955. RAAgenda Manager SIRETIanning Commission Items\2009\021809\Heritage Tree\NOPH-PC 02-lM9.doc