Jurupa Valley Municipal Code Ch. 13.40 Urban Tree Preservation

The purpose of this chapter is to establish rules and regulations for tree maintenance within the city's public rights-of-way. The city recognizes the benefits that trees provide to the community such as providing shade, reducing air and noise pollution, and being aesthetically appealing. This chapter aims to preserve the city's existing tree canopy and protecting the urban forest.

(Ord. No. 2024-06, § 1, 3-7-2024)

For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given herein.

ANSI A300 pruning standards means an industry-consensus standard set forth by the American National Standard for tree care operations. The standards are intended as guides for federal, state, municipal and private authorities including property owners, property managers, and utilities.

Certified arborist means a person with extensive knowledge regarding trees and holds a current arborist certificate by the International Society of Arboriculture and/or is a registered consulting arborist by the American Society of Consulting Arborists.

City means the City of Jurupa Valley.

City tree means trees located in the public rights-of-way or easements owned by the City of Jurupa Valley with a diameter of at least three (3) inches and at least four (4) feet from ground level.

Director means the Director of Public Works, or his or her designee.

Hazard means any tree, public or private, with visibly defined structural defects likely to cause failure of all or part of the tree, and be a danger to public safety.

Heritage tree means individual trees that are specifically designated as heritage because of their historical, commemorative, or horticulture significance as further defined in Section 13.40.100 of this Code.

ISA means the International Society of Arboriculture, which is a professional association of arborists and tree workers that is recognized internally as one (1) of the leading agencies in the research and establishment of high standards for all aspects of tree care.

Parkway means the area along a public street between the curb and the sidewalk; or if there is no curb or sidewalk, the unpaved portion of the area between the street right-of-way line and the paved portion of the street or alley.

Public rights-of-way or PROW means the area on, below, or above property that has been designated for use as or is used for a city-owned or controlled roadway, highway, street, sidewalk, alley or similar purpose. The term does not include a federal interstate highway or other areas that are not within the legal jurisdiction, ownership or control of the city.

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; or

(2) Planted within a parkway without the city's express written direction and approval.

Pruning or trimming means the removal of dead, dying, diseased, or weak branches to reduce the size of a tree using industry accepted standards, as established by the International Society of Arboriculture and/or the American National Standards Institute (ANSI) A300 Standards—Pruning.

Removal means uprooting, cutting or severing of the main trunk, or major branches of a tree or any act which causes, or maybe reasonably expected to cause a tree to die, including but not limited to the following; inflicting damage upon the root system or a tree or soil compaction; substantially changing the grade above the root system or trunk of the tree and excessively or severely pruning or root pruning.

Topping or stubbing means the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree intermodal cuts causing stubs and disfigurement to an extent that produces less desirable results than more moderate pruning with respect to the natural form of the tree and which is generally hazardous to the overall health and stability of the tree.

Urban forest or urban forestry means the collection of city trees and shared responsibility trees located within the city.

Urban forest management plan means a comprehensive and strategic document adopted by the City Council that outlines how the city will manage its urban forest.

(Ord. No. 2024-06, § 1, 3-7-2024)

The Director of Public Works, or their designee, shall have the authority and jurisdiction to regulate the management, maintenance, planting, care, and removal of city trees within the public right-of-way. The responsibilities of the Director of Public Works shall include, but not be limited to, the following:

(1) Inspect the planting, maintenance, and removal of city trees.

(2) Remove tree limbs from any tree, regardless of the location, if in their opinion such removal is necessary in the interest of public safety;

(3) Review and approval of landscaping plans as they pertain to city trees; and

(4) Prepare and maintain an Urban Forest Management Program.

(Ord. No. 2024-06, § 1, 3-7-2024)

It shall be the duty and responsibility of all property owners to maintain city trees in the parkway adjacent to the private property.

(1) Owners of private property shall be responsible for the normal care of the parkway strip, including weed control and debris removal.

(2) Owners of private property shall not willfully harm, mutilate, or prune any city tree.

(3) Owners of private property shall not prevent city trees from accessing water.

(4) Owners of private property shall be responsible for maintaining private trees extending over any street or alley to maintain clearance of fourteen (14) feet above any street or alley and eight (8) feet above any sidewalk area.

(Ord. No. 2024-06, § 1, 3-7-2024)

The Public Works Advisory Committee shall have the following roles and responsibilities with respect to this chapter:

(1) Designate trees as "heritage trees" as defined by Sections 13.40.020 and 13.40.100 of this Code;

(2) Act as a decision-making body for the tree removal appeals process;

(3) Make recommendations to the City Council regarding modifications to this code and any other chapters referring to the maintenance of city trees;

(4) Assist in the dissemination of news and information regarding the protection, maintenance, removal, and planting of city trees;

(5) Act as advocates for the city's annual observance of Arbor Day and undertake an ongoing program of public outreach and education in order to promote public understanding of the city's urban forest and public adherence to the standards and procedures established under this title; and

(6) Hear and decide appeals as provided in this chapter.

(Ord. No. 2024-06, § 1, 3-7-2024)

All pruning and removal of city trees shall be performed by employees or contractors of the city. Any person or entity desiring to request maintenance of a city tree by the city outside of its normal maintenance schedule, may make a written request to the Director. The Director will consider tree removal request pursuant to the following criteria:

(1) Where the city tree poses a reasonable risk of injury or harm to persons or property or is substantially interfering with the structural integrity or the use of an existing structure (including, but not limited to, a fence or wall), or building, or public utility easement and there is no feasible and reasonable alternative to mitigate the interference.

(2) Where hardscape repairs cannot be completed without severe root pruning, which would jeopardize the health and stability of the city tree.

(3) Where city tree roots have developed above the surface in the public right-of-way and a certified arborist has determined that root pruning will jeopardize the health and stability of the tree.

(4) Where a written determination has been made by a certified arborist after a visual inspection or scientific evaluation, that the city tree is so diseased or damaged that it is no longer viable or is a threat to persons or property, including to other city trees. The Director may waive the requirement for a certified arborist's written statement when the tree can reasonably be determined to be dead by a visual inspection and poses an obvious or imminent threat to life or property.

(5) Healthy city trees may only be removed if the Director, or his/her designee, concludes an emergency condition exists and tree removal is the safest option.

(Ord. No. 2024-06, § 1, 3-7-2024)

In the event the Director identifies a city tree to be removed, the city will replace the tree according to the following guidelines:

(1) For each city tree removed, the city will replace with a minimum of one (1) new tree.

(2) Replacement trees shall be considered in the same location when it is practical. The replacement tree shall be approved by the Director, or his/her designee.

(3) If the original removal location is unsuitable for a replacement tree, a new planting location shall be identified within city limits and approved by the Director or his/her designee.

(4) Whenever possible, the tree shall be replaced with a tree designated on the Jurupa Valley Suggested Tree List:

Jurupa Valley Suggested Tree List

Riverside County Climate Zone 19

(Ord. No. 2024-06, § 1, 3-7-2024)

A. In the event the Director identifies a private tree as hazardous or otherwise as a threat to public safety, the Director may require a private tree be removed or pruned at the owner's expense.

B. The Director will consider private tree removal or pruning pursuant to the following criteria:

(1) Where the private tree poses a reasonable risk of injury or harm to persons or city property or is substantially interfering with the structural integrity or the use of an existing city structure (including, but not limited to, a fence or wall), or building, or public utility easement, and there is no feasible and reasonable alternative to mitigate the interference.

(2) Where the private tree roots have developed above the surface in the public right-of-way and a certified arborist has determined that root pruning will jeopardize the health and stability of the tree, removal will be recommended.

C. Unless the private tree hazards an immediate threat to public safety, the Director or his or her designee shall provide the property owner sixty (60) days' notice to remove the hazardous tree from their property at the owner's own expense. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove or prune such trees and recover costs from the property owner.

(Ord. No. 2024-06, § 1, 3-7-2024)

A. If a person or entity has a tree pruning or removal request denied, they may appeal the decision in writing to the Public Works Advisory Committee within fifteen (15) calendar days after the notice of the decision is sent to the applicant. The Public Works Advisory Committee shall hold a hearing at their next regular meeting within sixty (60) days of the appeal. The person or entity shall be notified in writing of the decision.

B. The Public Works Advisory Committee decision shall be final with no further appeal to the City Council.

(Ord. No. 2024-06, § 1, 3-7-2024)

Heritage trees may be within the public rights-of-way or private property. Trees must be within the boundaries of the City of Jurupa Valley and meet the following criteria to be considered for heritage tree nomination:

(1) The tree must be healthy, non-invasive, and structurally sound.

(2) Have a diameter of fifteen (15) inches or more and at least four and one-half (4.5) feet above ground level.

(3) Must be visible from publicly accessible locations.

(4) Must meet a minimum of two (2) of the following:

(a) Species is native to California.

(b) The tree provides a habitat for a species with a designated protected status under state or federal law.

(c) The tree has cultural significance or an association with a notable local/regional historical event, person, structure, or landscape.

(Ord. No. 2024-06, § 1, 3-7-2024)

A. An urban forest management plan shall be established and be prepared by the Director, or his designee, for consideration and adoption by resolution of the City Council. Such urban forest management plan may from time to time be changed, modified, altered, and amended by resolution of the City Council.

B. The Director shall be responsible for safeguarding the city's urban forest by providing for the regulation of the protection, planting, maintenance and removal of city trees.

(Ord. No. 2024-06, § 1, 3-7-2024)

It shall be unlawful for any person to prevent, delay, or interfere with the Director, or any of their agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any city trees or private trees, as authorized in this chapter.

(Ord. No. 2024-06, § 1, 3-7-2024)

A. Intimidating, harassing, or otherwise retaliating against any person who seeks to attain compliance with this chapter is prohibited.

B. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter is prohibited.

C. Violations of this chapter are subject to criminal misdemeanor penalties and administrative citations pursuant to Chapters 1.10, 1.16, and 1.20 of this Code.

D. A violation of this chapter is declared to be a public nuisance and may be abated pursuant to the procedures in Chapter 1.25 of this Code.

(Ord. No. 2024-06, § 1, 3-7-2024)

A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. The city may seek to remedy any violation of this chapter by a civil action, including, without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.

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 Director of Public Works.

C. If a violation occurs in the absence of development, or while an application for a building permit or discretionary development approval is pending for the property upon which the tree is located, the Director of Community Development may 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 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.

(Ord. No. 2024-06, § 1, 3-7-2024)

A. In addition to any other remedy or penalty provided for by this chapter, the city may seek restitution from any person who damages, removes, or relocates a city tree or heritage tree in violation of this chapter in the form of replacement of the city tree so removed or damaged or a fine in lieu of restitution. The Director shall determine the form of restitution required.

(1) If the Director determines that restitution should be made in the form of a replacement of the city tree or heritage tree removed or damaged, the replacement trees shall be a species of tree, having the approximate size, age and health as the tree(s) damaged or destroyed, at a ratio of three (3) new replacement trees for every one (1) damaged or destroyed tree. Additional funds will be provided to the city that will cover the cost of the city to water and maintain the replacement trees for a period of three (3) years after planting. The location of such plantings shall be determined by the Director;

(2) If the Director determines that payment should be made in lieu of restitution, the payment required shall include but is not limited to, the costs of procuring, transporting, planting, establishing, and maintaining replacement trees for the life of the project at a ratio of three (3) new replacement trees for every one (1) damaged or destroyed tree. The cost of the replacement trees shall be based on the actual replacement cost for the damaged protected tree or the latest edition of either the "Guide for Plant Appraisal" by the International Society of Arboriculture or the "Standards for Valuation of Amenity Trees" of the International Society of Arboriculture. Payments made in lieu of restitution shall be used solely to fund the cost of replacing trees that have been damaged or removed in violation of this chapter.

B. If the size of a city tree or 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 Director shall presume that a missing city tree or heritage tree was in perfect health, unless the photographs or other verifiable evidence demonstrates otherwise.

C. All decisions of the Director pursuant to this section may be appealed to the Public Works Advisory Committee within fifteen (15) days of the date of the Director's decision. The Public Works Advisory Committee shall have sixty (60) days to decide the appeal. A decision of the Public Works Advisory Committee or its failure to timely decide the appeal, may be appealed to the City Council in accordance with Chapter 2.40 of this Code.

(Ord. No. 2024-06, § 1, 3-7-2024)