Corona Municipal Code Ch. 12.22 Community Urban Forest and Landscape Guidelines

This chapter shall be known as the Community Urban Forest and Landscape Guidelines.

(`78 Code, § 12.22.010.) (Ord. 3328 § 1, 2021; Ord. 3160 § 1 (part), 2013; Ord. 2270 § 2 (part), 1995.)

The Community Forest and Landscape Guidelines are enacted to further the following public purposes:

(A) To realize the optimum benefits of trees, shrubs and landscape materials planted on city property, as well as shared responsibility trees, including favorable modification of micro-climates, abatement of air and noise pollution, reduction of soil erosion and runoff and enhancement of the visual environment;

(B) To acknowledge and account for the benefits and burdens of shared responsibility trees not only on the public at large, but also on the owners of the property on which shared responsibility trees are located, as further outlined in Section 12.22.050 below;

(C) To integrate the planting and maintenance of city trees and shared responsibility trees with other urban elements and amenities;

(D) To promote efficient, cost-effective management of the city’s community forest by comprehensively coordinating public and private efforts, including, but not limited to, by clearly defining both city and public obligations with respect to shared responsibility trees;

(E) To avoid improper tree selection, planting and maintenance of the city’s community forest;

(F) To enhance the city's overall character and sense of place;

(G) To recognize, designate and protect heritage trees.

(`78 Code, § 12.22.020.) (Ord. 3328 § 1, 2021; Ord. 3160 § 1 (part), 2013; Ord. 2270 § 2 (part), 1995.)

For purposes of carrying out the intent of this chapter, words, phrases and terms used in this chapter shall have their ordinary meaning unless defined otherwise as follows.

(A) "City" means the City of Corona.

(B) “City tree” means any tree planted by or at the direction of the city on property owned or fully controlled by the city and which is not within a parkway (as defined in Section 12.22.030 of this code).

(C) “Community forest” means the collection of city trees and shared responsibility trees located within the city. Also sometimes referred to as the urban forest.

(D) “Director” means the Director of the Community Services Department, or other department as assigned by the city, or the Director’s designee.

(E) “Heritage tree” means any tree designated as such pursuant to the provisions of the city’s Urban Forest Management Plan.

(F) “Landscape materials” means any substance authorized by this code and other applicable laws, rules and regulations to be used for landscaping, including, but not limited to, organic materials, such as shrubs, grass, turf or similar plant materials, as well as inorganic materials, such as decomposed granite (DG), rocks, bark, artificial turf or similar materials. For purposes of this Chapter 12.22, landscape materials shall not include trees.

(G) “Parkway” means that area of public or private property that is immediately adjacent to a public street and that is any of the following:

(1) The area between the sidewalk and the curb of the street;

(2) Where there is no sidewalk, that area between the curb of the street and the property line of the lot adjacent thereto; or

(3) Where there is no curb, that area between the edge of the street and the property line of the lot adjacent thereto.

(H) “Person” means any individual, firm, partnership, association, corporation, company or other legal entity.

(I) “Private tree” means any tree which meets either of the following criteria: (1) planted on property which is not owned by the city and which is not within a parkway (as defined in Section 12.22.030 of this code); or (2) planted within a parkway (as defined in Section 12.22.030 of this code) without the city’s express written direction and approval. While referenced, this chapter does not provide guidance or regulation for any private trees.

(J) “Public street” means any of the following that has been dedicated to the public and maintained under public authority or by others and that is located within the city limits: streets, roadways, highways, avenues, boulevards, lanes, or similar right-of-way designed for vehicular travel.

(K) “Shared responsibility tree” means any tree which meets all of the following criteria:

(1) Planted on public or private property;

(2) Planted within a parkway (as defined in Section 12.22.030 of this code); and

(3) Planted at the city’s express written direction and approval.

(L) “Urban forest” means the collection of city trees and shared responsibility trees located within the city. Also sometimes referred to as the Community forest.

(M) “Urban forest management plan” means the plan duly adopted with such title, or with a similar title and City Council intent to serve as such plan, as approved by resolution of the City Council. The Urban Forest Management Plan shall be deemed to be a part of this chapter and enforceable as such.

(`78 Code, § 12.22.030.) (Ord. 3328 § 1, 2021; Ord. 3160 § 1 (part), 2013; Ord. 2270 § 1 (part), 1995.)

As further outlined in the Urban Forest Management Plan and except as otherwise provided in this chapter, the city shall have jurisdiction over the planning, planting, maintenance, alteration and removal of all city trees, shared responsibility trees and landscape materials on or in parkways, as well as on property owned or fully controlled by the city which is not within a parkway.

(`78 Code, § 12.22.040.) (Ord. 3328 § 1, 2021; Ord. 3160 § 1 (part), 2013; Ord. 2270 § 1 (part), 1995.)

(A) Findings.

(1) The city acknowledges that trees provide environmental, aesthetic, social and economic benefits to property owners and to the public at large. Specifically, trees increase property values, provide aesthetic value, provide shade and cooling, reduce energy costs, decrease wind velocities, provide erosion control, conserve energy, reduce stormwater runoff, and act as filters for airborne pollutants, reduce noise, provide privacy, provide wildlife habitat and food, sequester carbon, and release oxygen.

(2) Trees also present their share of challenges, particularly when not properly watered and cared for. Those challenges can include invasive and shallow root structures, which can cause damage to sewer and water lines, sprinkler systems, sidewalks, driveways, patios, and other hardscape, and even foundations of homes. Poorly watered and maintained trees can also fall or drop limbs, causing damage to persons and property.

(3) The proper care for shared responsibility trees is a shared responsibility of property owners and city government, because not only does the public at large benefit from shared responsibility trees, but the property owner personally and uniquely benefits from their particular shared responsibility tree. Property owners therefore are solely responsible for watering trees on their own property, even when those trees are shared responsibility trees. In addition, while there is no way in which to entirely control where the roots of trees travel, proper and adequate watering of trees is the principal manner in which to mitigate the impacts of roots. Accordingly, property owners are solely responsible for the effects caused by the roots of the trees on their own property, even when those trees are shared responsibility trees, including the effects caused by improper or inadequate watering of any such trees. The city is responsible for periodically evaluating and trimming or otherwise maintaining (other than watering) shared responsibility trees, and removing such trees when the city is on notice that a tree poses an undue risk of danger to person or property.

(B) Standards. The planning, planting, maintenance, alteration and removal of all city trees, shared responsibility trees and landscape materials shall be done in compliance with this code, including, but not limited to, Chapter 8.32 (Property Maintenance), Chapter 12.08 (Excavations in Public Rights-of-Way), and Chapter 17.70 (Landscaping, Fences, Walls, Hedges), as well as the Urban Forest Management Plan and any other applicable guidelines adopted by the city, including, but not limited to, the Residential Parkway Landscape Conversion Guidelines, the Landscape Design Guidelines for Residential Development, and the Landscape Design Guidelines for Commercial Development.

(C) Responsibilities other than watering. The planning, planting, maintenance (other than watering), alteration and removal of all trees and landscape materials in the parkway, or that encroach on the parkway, are assigned as follows:

(1) Property owner. To the owners of the property on which a parkway is located or of the property on which the encroaching landscape material originates, except as expressly assigned to the city in Section 12.22.050(C)(2) below. Among other responsibilities, property owners shall remove overgrown trees (other than shared responsibility trees), shrubs and other landscape materials and weeds in the parkway or that encroach on a parkway.

(2) City. The city is expressly assigned the responsibility to plan, plant, maintain (other than watering), alter and remove the following:

(a) All trees and landscape materials in parkways maintained as part of a landscape maintenance district or a community facilities district; and

(b) All shared responsibility trees.

(D) Watering. The watering of all trees and landscape materials in parkways is assigned as follows:

(1) Property owner. To the owners of the property on which a parkway is located, including shared responsibility trees, except as expressly assigned to the city in Section 12.22.050(D)(2) below.

(2) City. The city is expressly assigned the responsibility to water all trees and landscape materials in parkways maintained as part of a landscape maintenance district or a community facilities district.

(Ord. 3328 § 1, 2021)

(A) Subject to the requirements of Section 12.22.050 above, the owners of the property on which a parkway is located may alter, remove and plant any landscape materials on or in the parkway, For purposes of this Chapter 12.22, landscape materials does not include trees.

(B) The city may alter, remove and plant any landscape materials or trees on or in parkways maintained as part of a landscape maintenance district or a community facilities district.

(C) A property owner or other person with property owner consent must submit to the city a request to remove and/or replace a shared responsibility tree, as provided for in the Urban Forest Management Plan. Removals and replacements of shared responsibility trees will be governed solely by the terms of the Urban Forest Management Plan.

(Ord. 3328 § 1, 2021)

In order to further protect and preserve city trees and shared responsibility trees, the Director shall include in the Urban Forest Management Plan any reasonable measures or conditions to ensure that conditions of approval are included in any public or private construction projects that may impact city trees or shared responsibility trees. Such measures or conditions shall be deemed to be a part of this chapter and enforceable as such.

(Ord. 3328 § 1, 2021)

(A) The city may recommend as a Heritage tree any tree on city or private property meeting certain criteria, as specified within the Urban Forest Management Plan and approved by the Council.

(B) Except for emergency situations involving potential or actual damage to persons or property, as determined by the city and further specified in the Urban Forest Management Plan, heritage trees shall be permanently removed only after approval of the City Council.

(C) In the Urban Forest Management Plan, the City Council may also impose reasonable conditions on the Heritage trees, such as:

(1) A maintenance and care program for the purpose of preserving the health of Heritage trees.

(2) Criteria governing the relocation and/or permanent removal of Heritage trees.

(3) On-site or off-site replacement of removed Heritage trees, including a replacement ratio deemed reasonable by the City Council.

(4) Other conditions deemed reasonable by the City Council.

(Ord. 3328 § 1, 2021)

(A) Violations of this chapter may be enforced pursuant to the provisions of Chapter 1.08 of this code.

(B) Nothing herein shall prevent the City Attorney from commencing or causing to be commenced a civil or criminal proceeding to address a violation of this chapter under other applicable law, including to abate a public nuisance as provided for in Chapter 1.08 of this code.

(Ord. 3328 § 1, 2021)