Hesperia Municipal Code Art. I General Provisions

The city finds that it is in the public interest to promote the continued health of this city's abundant and diverse plant resources, by providing regulations and guidelines for the management of the plant resources on property or combinations of property under private or public ownership for the following purposes:

A. To promote and sustain the health, vigor and productivity of plant life and aesthetic values through appropriate management techniques;

B. To conserve the native plant life heritage for the benefit of all, including future generations;

C. To protect native trees and plants from indiscriminate removal, and to regulate such activity;

D. To provide a uniform standard for appropriate removal of native trees and plants in public and private places and streets to promote conservation of these valuable, natural resources;

E. To protect and maintain water productivity and quality in local watersheds;

F. To preserve rare plants and protect animals with limited or specialized habitats.

(Ord. 250 (part), 1997; SBCC § 811.0101)

The general provisions established by this article shall apply to all subsequent articles of this chapter, unless specifically exempted.

(Ord. 250 (part), 1997; SBCC § 811.0105)

A. The provisions of this chapter shall apply to all private land within the city and to public lands owned by the city except as specified by the provisions of this chapter.

B. Exceptions. The provisions of this chapter except those of Article II are not applicable to the removal of any regulated native tree or desert native plant when such are removed in accordance with any of the following listed situations, provided they do not remove or provide adequate substitutes for perch trees within identified American Bald Eagle habitat.

1. Removal as part of a timber operation conducted under the Forest Practice Act of 1973, (California Public Resources Code, Division 4, Part 2, Chapter 8);

2. Removal from lands owned by the United States Government, state of California or local governmental entity, excluding special districts;

3. Removal by any public utility subject to jurisdiction of the Public Utilities Commission or any other constituted public agency, including franchised cable TV where to establish or maintain safe operation of facilities under their jurisdiction, trees are pruned, topped or braced;

4. Removal by the California Department of Forestry and Fire Protection;

5. Removal under the authority of:

a. Forest improvement program,

b. California Forest Improvement Program,

c. Agricultural conservation program;

6. Removal required by other codes, ordinances or laws of San Bernardino County, the state of California or the United States;

7. Removal of native trees and plants which are an immediate threat to the public health, safety or welfare and require emergency removal to prevent probable damage to a structure or injury to people or fenced animals;

8. Removal as part of a stocking control program prepared by a California Registered Professional Forester;

9. Removal as part of a fire hazard reduction program approved by the county fire warden and/or a local fire authority;

10. Removal as part of a bona fide agricultural activity as determined by the agricultural commissioner which is:

a. Conducted under a land conservation contract, and/or

b. An existing agricultural activity, including expansions of such activity onto undisturbed contiguous land, and/or

c. A proposed bona fide agricultural activity if the agricultural commissioner is given thirty (30) days' written notice of the removal describing the location of the land, the nature of the proposed activity, and the proposed sources of water for the activity. The county agricultural commissioner shall notify the landowner in writing prior to the elapse of the thirty (30) day period if, in the opinion of the county agricultural commissioner, the activity is not a bona fide agricultural activity, or else the activity shall be deemed bona fide.

A bona fide agricultural activity is one which is served by a water distribution system adequate for the proper operation of such activity;

11. Removal on lots that have a net area of twenty thousand (20,000) square feet or less, which are developed with a primary structure, other than a sign structure;

12. Any regulated native plant or tree that is within twenty (20) feet of a structure on the lot that was constructed or set down under a county development permit;

13. Removal of two or fewer regulated native trees in the mountain or valley area per year per acre for private fuel wood purposes. The year shall be measured as the last twelve (12) consecutive months.

C. Conditions. The permits authorized by this chapter may be subject to conditions required by the reviewing authority. Such conditions may specify criteria, methods and persons authorized to conduct the proposed activities which are subject to the permit. Where applicable regulated trees and plants may be required to be transplanted and/or stockpiled for future transplanting.

(Ord. 250 (part), 1997; SBCC § 811.0110)

A. A removal permit shall be required for the removal of any native tree or plant that is subject to the provisions of this chapter.

B. A land use application, a building permit and all other development permits (e.g., grading, mobile home set downs, etc.), shall consider and include a review of any proposed native tree or plant removal. Any approved land use application and/or development permit shall be a permit for the removal of native trees or plants, if such land use application or development permit specifically reviews and approves such removals. Such reviews shall consider and require compliance with the provisions of this chapter.

C. The reviewing authority may require certification from an appropriate tree expert or desert native plant expert that such tree removals are appropriate, supportive of a healthy environment and are in compliance with the provisions of this article.

D. Removals of native trees or plants that are not requested in conjunction with a land use application or development permit may be accomplished only under a permit issued by either the county agricultural commission or the fire marshal, subject to the provisions of this article.

E. The building official shall require a preconstruction inspection prior to approval of development permits.

F. The duration of a plant or tree removal permit when issued in conjunction with a land use application and/or a development permit shall be coterminous with the duration of the associated application or permit, unless otherwise specified. The reviewing authority shall specify the expiration date for all other tree and/or plant removal permits.

(Ord. 250 (part), 1997; Ord. 75 § 2 (part), 1990; SBCC § 811.0115)

The reviewing authority shall authorize the removal of a native tree or plant subject to provisions of this article only if the following findings are made:

A. The removal of the native tree or plant does not have a significant adverse impact on any proposed mitigation measures, soil retention, soil erosion and sediment control measures, scenic routes, flood and surface water runoff and wildlife habitats (flora and fauna), especially those with limited habitats (e.g., eagles).

B. The removal of the native tree or plant is justified for one of the following reasons:

1. The location of the native tree or plant and/or its drip line interferes with the reasonable improvement of the site with an allowed structure, sewage disposal area, paved area or other approved improvement or ground disturbing activity. Also such improvements have been designed in such a manner as to save as many healthy native trees and/or plants as reasonably practicable in conjunction with the proposed improvements;

2. The location of the native tree or plant and/or its drip line interferes with the planned improvement of a street or development of an approved access to the subject or adjoining private property;

3. The location of the native tree or plant is hazardous to pedestrian or vehicular travel or safety as determined by the director of transportation, flood control and airports or other county reviewing authority;

4. The native tree or plant or its presence interferes with or is causing excessive damage to utility services or facilities, roadways, sidewalks, curbs, gutters, pavement, sewer line(s), drainage or flood control improvements, foundations, existing structures, or municipal improvements;

5. The condition or location of the native plant or tree is adjacent to and in such close proximity to existing or proposed structure that the native plant or tree has or will sustain significant damage.

C. Joshua trees that are proposed to be removed have been transplanted or stockpiled for future transplanting wherever possible. In the instance of stockpiling the permittee has posted a bond to insure such Joshua trees are transplanted appropriately.

(Ord. 250 (part), 1997; SBCC § 811.0120)

Prior to the issuance of a native tree or plant removal permit in conjunction with a development permit and/or approval of a land use application which authorizes such removal, a plot plan or grading plan shall be approved by the appropriate city review authority for each site indicating exactly which trees or plants are authorized to be removed. The required information can be added to any other required site plan. Prior to issuance of development permits in areas with native trees or plants that are subject to the provisions of this chapter, a preconstruction inspection shall be conducted by the appropriate authority. Such preconstruction inspections may be combined with any other required inspection.

(Ord. 250 (part), 1997; SBCC § 811.0125)

During construction and prior to final inspection under a development permit, the following standards shall apply unless otherwise approved in writing by a tree expert:

A. Native tree trunks and plants shall not be enclosed within roof lines or decking;

B. Utilities, construction signs, or other hardware shall not be attached so as to penetrate or abrade any live native tree or plant;

C. Grade Alterations. There shall be no grade alterations which buries any portion of a native tree or plant or significantly undercuts the root system within the drip line.

(Ord. 250 (part), 1997; SBCC § 811.0130)

Where permits or reviews are required by this chapter and they are not incorporated into other review or permit procedures, fees shall be paid in accordance with the city's fee schedule.

(Ord. 250 (part), 1997; SBCC § 811.0135)

A. The provisions of this chapter shall be enforced by any authorized member of the community development department, the county agriculture commissioner, the county forestry and fire warden department, and may be enforced by the California Department of Forestry, where applicable.

B. The following establishes the primary lead responsibility for review and enforcement of the provisions of this chapter for the listed activities and/or areas:

1. Community development, all plants/trees removed in conjunction with a land/use application or development permit;

2. County agricultural commissioner.

C. Extension of Time. If any of the land governed by this chapter shall be subject to snow, flooding, or other condition which shall render compliance with the provisions of this chapter within the specified time periods impractical because of inaccessibility, an enforcement officer may extend the period of time for compliance.

D. A peace officer or any authorized enforcement officer may, in the enforcement of this article, make arrests without warrant for a violation of this article which he or she may witness, and may confiscate regulated native trees or plants, or parts thereof which are unlawfully harvested, possessed, sold, or otherwise obtained in violation of this article. Also any designated enforcement officer is hereby authorized and directed to enter in or upon any premises or other place, train, vehicle, or other means of transportation within or entering the state, which is suspected of containing or having present therein or thereon native plants in violation of this chapter in order to examine permits and wood receipts and observe tags and seals and to otherwise enforce the provisions of this article.

E. When any power or authority is given by any provision of this article to any person, it may be exercised by any deputy, inspector, or agent duly authorized by that person. Any person in whom the enforcement of any provision of this article is vested has the power of a peace officer as to that enforcement, which shall include state or federal agencies with which cooperative agreements have been made by the county to enforce the provisions of this article.

F. No person shall remove or damage all or part of any native tree or plant on another property without first obtaining notarized written permission from the landowner and any required permits, wood receipts or tags and seals. Also it is unlawful for any person to falsify any document offered as evidence of permission to enter upon the property of another to harvest all or parts of a native tree or plant, whether it be alive or dead.

G. No person, except as provided in this article, shall harvest, offer for sale, destroy, dig up or mutilate or have in his or her possession any regulated native plant or tree, or the living or dead parts of such unless the plant or tree was harvested under a valid permit, and where applicable, a valid wood receipt on his or her person. Any such person shall exhibit the permit, wood receipt, tags and/or seals upon request for inspection by any duly authorized county enforcement officer or any peace officer. No wood receipt or tag and seal is valid unless it is issued with a valid permit and the permit bears the tag number or wood receipt number on its face. Any required tags and seals shall be attached securely to a regulated desert native plant.

H. No person, except as provided in this article, shall cause a disturbance of land which results in the removal of any regulated native trees or plants (e.g. grading, or land clearing) and which is not in conjunction with any other development permit without first obtaining a native plant harvesting or tree removal permit issued by the appropriate reviewing authority.

(Ord. 250 (part), 1997; SBCC § 811.0140)

Penalties shall be those specified in Chapter 1.12 of this code, and shall include the following and any other penalties specified by individual articles of this chapter.

A. When one or more plants or trees are removed in violation of the provisions of this chapter, the removal of each such separate plant or tree shall be a new and separate offense. Payment of any penalty herein provided shall not relieve a person, firm or corporation from the responsibility of correcting the condition resulting from the violation.

B. Illegally Removed Native Tree or Desert Native Plant Replacement Penalty.

1. In addition to other penalties imposed by this code or other law, any person, firm, or corporation convicted of violating the provisions of this chapter regarding improper removal of regulated native trees or plants shall be required to retain as appropriate, a tree or desert native plant expert to develop and implement a replacement program. Such expert shall determine the appropriate number, size, species, location and planting conditions for replacement plants or trees in sufficient quantities to revegetate the illegally disturbed area.

If it is inappropriate to revegetate the illegally disturbed area another appropriate location (e.g., public parks) may be substituted at the direction of the court.

2. The violator shall post a bond in an amount sufficient to remove and reinstall plant/tree materials that were planted as a part of such a replacement program and failed within two years.

C. Revocation of Permits. Upon conviction of a violation of this chapter, all native trees or desert native plant removal permits issued to the person, firm or corporation convicted shall be revoked and no new or additional removal permits shall be issued to the permittee for a period of one year from the date of conviction and additionally in the desert area the permittee shall be required to surrender any unused tags and seals or wood receipts to the agricultural commissioner.

(Ord. 250 (part), 1997; SBCC § 811.0145)