Chapter 14.04

JOSHUA TREE AND NATIVE DESERT VEGETATION PRESERVATION

It is determined by the City Council that appropriate action must be taken in order to protect and preserve desert vegetation, and particularly Joshua trees, so as to retain the unique natural desert aesthetics in some areas of this City, and to promote the general welfare of the community. Although it may not be feasible, practicable, or in the public interest to preserve all healthy desert vegetation regulated under this chapter due to reasonable planning, developmental or property rights considerations, the design of development projects should strive to protect and maintain the most desirable and significant of the healthy desert vegetation in a manner consistent with the City general plan and the California Environmental Quality Act. (Ord. 952 § 2, 1992)

• (A) This chapter shall be known and may be cited as the "Palmdale native desert vegetation ordinance."

• (B) The provisions of this chapter shall apply to all public and private property within the City which contains Joshua trees or other desert vegetation as defined by this chapter.

• (Ord. 952 § 2, 1992)

For purposes of this chapter, certain words and phrases shall be defined as follows unless the context clearly requires otherwise:

• (A) "Damage" means any action which may cause injury, death, or disfigurement to desert vegetation. This includes, but is not limited to, cutting, mutilating, harvesting, overwatering and excavating.

• (B) "Desert native plant specialist" means:

  • (1)

    • A certified arborist;

  • (2) An individual with a four-year college degree in ecology or fish and wildlife related biological science and at least two years of professional experience with relocation or restoration of native California desert vegetation; or

  • (3) An individual with at least five years of professional experience with relocation or restoration of native California desert vegetation.

• (C) "Desert vegetation" shall mean California juniper as defined by this chapter, and other living plants identified pursuant to the California Desert Native Plants Act (Food and Agricultural Code Section 80001, et seq.) as protected or designated on any state or federal rare and endangered species list.

• (D) "Development proposal" means an application for approval of a specific plan, a subdivision, conditional use permit, tentative tract map, parcel map or any other development permit or entitlement application which has been filed with and is pending for consideration by the City.

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City of Palmdale, CA

ENVIRONMENTAL MANAGEMENT

§ 14.04.030

§ 14.04.030

• (E) "Growing season" means the period of time each year from March 1st through August 31st.

• (F) "Joshua tree" means a living tree of botanical name of Yucca brevifolia, including Y. brevifolia var. Herbertii, and all other varieties and forms thereof.

• (G) "California juniper" means a living tree of the botanical name of Juniperus californica.

• (H) "Maintenance" shall mean all actions needed for the continued good health of desert vegetation, including, but not limited to, insect control, spraying, and removal of dead wood.

• (I) "Native desert vegetation preserve" means a site accepted by the City containing stands of native desert vegetation that will be preserved in a natural condition for passive recreation uses.

• (J) "Remove" means the physical removal of desert vegetation by grading or any other method likely to cause death of the vegetation.

• (K) "Tree bank" means a site accepted by the City for management and maintenance that will be utilized for the temporary storage of native desert vegetation until permanent transplantation sites can be located.

• (L) "Accessory structure" means a subordinate structure, the use of which is incidental to an existing single-family residence, and includes: an accessory dwelling unit, garage, carport, swimming pool, patio, greenhouse, storage shed, gazebo, septic tank, or gravel or paved driveway.

• (M) "Developed parcel" means a parcel with an existing single-family residence.

• (N) "Project proponent" means the owner of a project site for a single-family residence or accessory structure or the owner's agent or the public agency undertaking a public works project.

• (O) "Project site" means the parcel or parcels on which a project proponent proposes to construct a single-family residence or accessory structure or on which a public agency proposes to undertake a public works project.

• (P) "Public works project" means a project for the erection, construction, alteration, maintenance, or repair of any public structure, sewer connection, building, or road or other public improvement of any kind.

• (Q) "Single-family residence" means a single detached building that will be constructed or has already been constructed, regardless of whether it was constructed as part of a subdivision or development, and used as living facilities, including provisions for sleeping, eating, cooking, and sanitation as required by the California Building Code for not more than one household.

• (R) "Size class" means the classification of western Joshua trees by the following two sizes:

  • (1) Less than four meters in height; and

  • (2) Four meters or greater in height.

• (S) "Undeveloped parcel" means a parcel without an existing single-family residence.

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City of Palmdale, CA

PALMDALE CODE

§ 14.04.030

§ 14.04.040

• (T) "Western Joshua tree" means an individual western Joshua tree (Yucca brevifolia) that has emerged from the ground, regardless of age or size, and that includes all stems that have emerged from the ground within a one-meter radius measured from a single point at the base of the largest stem.

• (U) "Western Joshua Tree Mitigation Fund" means the fund established pursuant to California Department of Fish and Game.

• (Ord. 952 § 2, 1992; Ord. 1556 § 1, 2020)

• (A) Desert vegetation shall not be removed, nor caused to be removed, on or from any parcel of land, except as provided by the provisions of this chapter.

• (B) A native desert vegetation removal permit shall be obtained from the City's Landscape Architect, or in lieu thereof, the Director of Public Works' designee, prior to the removal of any native desert vegetation as defined in this chapter.

• (C) The project proponent or its agent may remove a detached dead western Joshua tree or detached limb of a western Joshua tree. All other removals and all trimming of western Joshua trees authorized by permits issued pursuant to this subsection shall be completed by a desert native plant specialist. A permit may be issued, without payment of mitigation fees, provided that the dead western Joshua tree or the limb(s) to be removed:

  • (1) Has fallen over and is within 30 feet of a structure;

  • (2) Is leaning against an existing structure; or

  • (3) Creates an imminent threat to public health or safety.

• (D) Census.

  • (1) The project proponent proposing to relocate or remove a western Joshua tree shall cause a census of western Joshua trees to be conducted on the project site. The census shall count all western Joshua trees on the project site and classify them by size class.

  • (2) Prior to receiving take authorization from the participating agency, the project proponent shall submit to the participating agency a census report that shall include the following:

    • (a) The name of the desert native plant specialist who conducted the census and the employer of the desert native plant specialist.

    • (b) The name of the desert native plant specialist who will relocate western Joshua trees, if applicable, and the employer of the desert native plant specialist.

    • (c) The date of the census.

    • (d) The date or dates of the proposed relocation of western Joshua trees, if applicable.

    • (e) A map of the project site that depicts: the location of the proposed single-family residence, accessory structure, or public works project; the number and location of all western Joshua trees on the project site; and the proposed placement of

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City of Palmdale, CA

ENVIRONMENTAL MANAGEMENT

§ 14.04.040

§ 14.04.040

each relocated western Joshua tree.

• (f) Photographs of each western Joshua tree on the project site, including a visual representation of the scale of the height of each tree.

• (E) Avoidance. To the maximum extent practicable, the project proponent shall avoid take of western Joshua trees on the project site.

• (F) Minimization.

  • (1) The project proponent shall avoid all ground-disturbing activities within 10 feet of any western Joshua tree if those activities will disturb the soil to a depth of greater than 12 inches.

  • (2) To the maximum extent feasible, the project proponent shall relocate all western Joshua trees that cannot be avoided to another location on the project site.

• (3) For purposes of this subsection, relocation of a western Joshua tree shall be determined to be infeasible if either of the following applies:

  • (a) Relocation of the western Joshua tree on the project site would pose a threat to public health or safety.

  • (b) Relocation of the western Joshua tree on the project site would interfere with existing roadways, sidewalks, curbs, gutters, utility lines, sewer lines, drainage improvements, foundations, existing structures, or setbacks to any of those structures or improvements.

  • (c) There is no location on the project site that satisfies the requirements listed above.

  • (4) The project proponent shall ensure that relocation of western Joshua trees pursuant to this section satisfies the following requirements:

    • (a) All western Joshua tree relocations shall be completed by a desert native plant specialist.

    • (b) All western Joshua trees to be relocated shall be placed at least 25 feet from any existing or proposed structure or improvement and at least 10 feet from any other western Joshua tree.

    • (c) Within 30 days of completing the relocation, the project proponent shall provide the participating agency with a map of the project site indicating where each western Joshua tree was relocated.

• (G) Removal. A project proponent may remove western Joshua trees that cannot feasibly be avoided or relocated.

• (H) Mitigation. Prior to receiving take authorization from the participating agency, the project proponent shall pay mitigation fees to the participating agency for deposit into the Western Joshua Tree Mitigation Fund as follows:

  • (1) For single-family residential projects undertaken on undeveloped parcels and public works projects to erect or construct a new public structure, building, road, or

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City of Palmdale, CA § 14.04.040

PALMDALE CODE

§ 14.04.060

improvement, the project proponent shall pay mitigation fees.

• (2) For accessory structure projects undertaken on developed parcels and for public works projects to alter, maintain, or repair an existing public structure, building, road, or improvement, the project proponent shall pay mitigation fees.

• (I) All projects not identified above will be required to obtain an Incidental Take Permit (2081) from the California Department of Fish and Wildlife.

• (Ord. 952 § 2, 1992; Ord. 1556 § 1, 2020)

All development proposal applications for sites containing native desert vegetation shall include a desert vegetation preservation plan, submitted with the development application, containing the following:

• (A) A written report and a site plan which depicts the location of each Joshua tree and California juniper, discusses their age and health, identifies and locates all trees and shrubs which can be saved in place or relocated. The report shall be prepared by a desert native plant specialist.

• (B) A site landscaping plan showing the proposed location of those Joshua trees or California junipers, and any other native desert vegetation that will remain on-site.

• (C) A long-term maintenance program for any desert vegetation preserved on the site. The minimum term of any maintenance program shall be two growing seasons, unless a shorter length of time is determined by the City's Landscape Architect, or in lieu thereof, the Director of Public Works' designee in cases where the trees retained on the site are of such health and vigor after one growing season that their survival is assured.

• (D) Such other and further information as the Economic and Community Development Director may deem necessary to fulfill the purposes and intent of this Chapter in a particular case.

• (Ord. 952 § 2, 1992; Ord. 1614 § 4 (Exh. I), 2023)

• (A) A tree spade shall be used to prepare the transplant site and excavate the Joshua tree and root system. Soil profile can influence Joshua tree root mass and should be taken into consideration when selecting tree spade size. General tree spade sizing guidelines as follows:

  • (1) Forty-two-inch spade for western Joshua trees under one meter in height.

  • (2) Fifty-four-inch spade for western Joshua trees one to two meters in height.

  • (3) Ninety-inch spade for western Joshua trees two to four and one-half +/- meters in height.

• (B) Joshua trees to be transplanted shall be prepared by creating earthen berms around the perimeter of the tree for pre-soaking operations.

• (C) The northern face of each tree shall be marked at the base with spray paint to aid in proper

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City of Palmdale, CA

ENVIRONMENTAL MANAGEMENT

§ 14.04.060

§ 14.04.070

orientation during transplanting. The trees shall be orientated at the receiving site in the same direction as the original location.

• (D) Only trees less than or equal to 15 feet in height, and in good condition are recommended for transplanting. Each western Joshua tree that is transplanted shall have tree inventory data collected according to the tree inventory technical specifications.

• (E) A water regimen shall be conducted to ensure survivability. All trees shall receive a presoaking approximately one week prior to transplanting. Each tree shall have an earthen berm built around the perimeter, large enough to accommodate 20 gallons of water to ensure the root ball will hold together and to minimize transplant shock.

• (F) Each tree shall be placed in the receiving hole in the appropriate geographic orientation and backfilled with native or mineral amended soil. The original soil line on the trunk should be slightly higher than adjacent grade to allow the transplanted tree to settle to the appropriate grade. The hole shall be filled with water and the tree will be slightly agitated to dislodge any air bubbles that could create root rot.

• (G) Earthen berms shall be created around each tree after transplant to ensure western Joshua trees can receive up to five gallons of water per watering event. Each western Joshua tree will be hand watered (top to bottom) every two weeks for up to six weeks following transplanting. All trees shall be watered for one year: The trees should be watered three times in the spring, one time in the summer, and one time in the fall with three gallons of water per watering event. The proponent must notify the Landscape Superintendent, City Arborist or appointed designee in advance of each watering event to ensure compliance with the watering regimen maintenance period.

• (H) A daily pre-transplant operation safety briefing shall be conducted to ensure all applicable safety regulatory requirements have been met. All personnel working in and around equipment shall wear hard hats, reflective safety vests and protective eye wear.

• (I) Protection of Public and Private Property. The proponent shall be responsible for the protection of all public and private property and improvements within and adjacent to all work areas including but not limited to: plant material, lawns, sprinkler systems, drains, fencing, block walls, brick or masonry work, sidewalks, street paving, street lights, traffic signals, utility pedestals and all other public or private improvements.

• (J) Restitution for Public or Private Property Damage. Any improvements removed or damaged, other than those scheduled for removal shall be replaced in kind at the proponent's expense to the absolute satisfaction of the Grounds and Green Spaces Superintendent and/or private property owner. Replacement shall take place no later than five working days from the date of damage, unless otherwise authorized by the Grounds and Green Spaces Superintendent.

• (K) Underground Service Alert. The proponent shall be responsible for contacting Underground Service Alert, securing a dig-alert ticket, and allowing the time required by law for members to respond and mark their underground infrastructure prior to conducting any western Joshua tree transplanting operations. The proponent shall analyze and respect all utility markings and transplant western Joshua trees with care to avoid contact with any underground infrastructure within the transplant zone.

• (Ord. 1556 § 1, 2020; Ord. 1614 § 4 (Exh. I), 2023)

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City of Palmdale, CA

PALMDALE CODE

§ 14.04.070

§ 14.04.070

All development proposals for land which contains desert vegetation shall be subject to the following provisions regarding the preservation of native desert vegetation both on- and off-site:

• (A) The minimum standard of preservation shall be:

  • (1) Two California junipers per gross acre, averaged for the gross site area covered by the development application; or

  • (2) Where soil conditions or conditions of the California juniper prohibit the preservation of two trees per acre, or where the total number of healthy trees per gross acre is not equal to two per acre, the minimum standard of preservation will be determined by a desert native plant specialist and confirmed by the City's Landscape Architect, or in lieu thereof, the Director of Public Works' designee, in accordance with the following criteria:

    • (a) Soil characteristics of a proposed area for relocation of vegetation,

    • (b) Health of the native desert vegetation, including damage to trunk or root system,

    • (c) Size of the Joshua tree and the location to where the tree will be transplanted,

    • (d) A suitable top-root ratio;

  • (3) Where possible, a minimum of two California juniper trees per gross acre shall be retained undisturbed on site. California junipers are valuable components of the native desert vegetation and it is desirable to retain specimens whenever possible. However, California junipers do not transplant well, are large plants which are difficult to incorporate into landscaping and are not readily available as nursery stock;

  • (4) To enhance the likelihood of survival, native desert vegetation that cannot be fenced and left undisturbed will not be left in place while grading. The options for preserving trees on site after grading are the following:

    • (a) Move the vegetation slated to remain on site to a holding area. After grading has been completed, move vegetation once again to a permanent location.

• (b) Grade in Phases. Ready the area to receive vegetation first, then transplant and complete grading.

• (B) The quantity of California junipers calculated under the minimum standard of preservation as determined above shall be preserved by any combination of the following means:

  • (1) The development proposal shall be prepared in a manner which retains on site those plants that can be incorporated into the design of the development. Development proposals should use native desert vegetation to landscape on-site detention basins, entry statement areas, and other open space sites whenever possible, where xeric landscaping is appropriate;

    • (a) California junipers retained on site shall be credited toward the two trees per gross acre or other minimum standard of preservation,

    • (b) Other methods of preservation as shown in subsection (B)(2) shall not apply to

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City of Palmdale, CA

ENVIRONMENTAL MANAGEMENT

§ 14.04.070

§ 14.04.090

California junipers;

• (2) Only after all other options are exhausted, proponents may pay an in-lieu fee to the City to fulfill their obligation of preservation of native desert vegetation. The fee will be used to provide partial funding for the maintenance and coordination of the native desert vegetation banks and preserves. The in-lieu fee will be accepted only when preservation of Joshua and/or juniper trees is not possible due to site constraints that preclude the feasible preservation of desert vegetation, and no alternative preservation options remain. When a proponent must pay an in-lieu fee, the fee shall be calculated on the minimum standard of two trees per acre, less any trees preserved by other means. The in-lieu fee amount shall be determined by resolution of the City Council;

  • (a) Where California junipers are retained on site, they shall be credited toward the minimum standard or two trees per acre. However, where they cannot be retained undisturbed on site, no in-lieu fee is required;

• (3) Any native desert vegetation in excess of the minimum standard for preservation may be removed after the public has had the opportunity to transplant native desert vegetation per subsection (B)(2)(a) of this section, and after the native desert vegetation preservation plan and native desert vegetation removal permit has been approved by the City, or, if applicable, after the payment of the in-lieu fee.

• (Formerly 14.04.060; Ord. 952 § 2, 1992; Ord. 1556 § 1, 2020)

Upon completion of construction of the development proposal and after final inspection and acceptance by the City, the following standards relative to ongoing maintenance of native desert vegetation shall apply:

• (A) Provisions shall be made assuring, at the expense of the proponent of the development, that desert vegetation preserved on site, in landscape easements, or landscape assessment districts are maintained in a healthy condition for a minimum of two growing seasons.

• (B) After one year, an inspection and evaluation of desert vegetation retained on site will be performed by a desert native plant expert, at the expense of the proponent of the development. Based upon this evaluation, if it is determined that any quantity of desert vegetation has died, it will be the responsibility of the proponent to provide replacement desert vegetation as determined by the City Landscape Architect, or in lieu thereof, the Director of Public Works' designee.

• (C) The Director shall require posting of a bond or other appropriate security at the time of development proposal approval to assure maintenance of on-site trees, or trees in landscape easements or assessment districts, for a period of two years. If the project is otherwise required to have a bond posted for landscape maintenance requirements, this requirement shall be incorporated into the same bond.

• (Formerly 14.04.070; Ord. 952 § 2, 1992; Ord. 1556 § 1, 2020; Ord. 1614 § 4 (Exh. I), 2023)

• (A) Except as provided in this chapter, it is unlawful for any person to damage any desert vegetation as defined in this code.

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City of Palmdale, CA

PALMDALE CODE

§ 14.04.090

§ 14.04.110

• (B) It is unlawful for any person to falsify any oral statement, paper or document issued to give permission for any person to remove desert vegetation or fail to comply with all conditions or stipulations of this chapter.

(Formerly 14.04.100; Ord. 952 § 2, 1992; Ord. 1556 § 1, 2020)

Penalties for violations of this chapter shall be as specified in Chapter 1.12 PMC.

• (A) In addition to other penalties imposed by this code, any person, company, organization, firm or corporation shall be required to replace any damaged, illegally cut, destroyed, killed, removed, mutilated or harvested California junipers, or other desert vegetation pursuant to the recommendation of an authorized desert native plant specialist, to be retained at the expense of the violator. Such specialist shall determine the appropriate number, size, species, location and make written recommendations regarding the replacement of said trees or other desert vegetation. Replacement shall be in sufficient quantities to revegetate the illegally disturbed area either on site or off site within six months of adjudication.

• (B) Should the person, company, organization, firm or corporation who committed the violation fail to replace the damaged, cut, destroyed, killed, removed, mutilated or harvested desert vegetation within six months after adjudication, the City may contract to have such plants replaced and the violator shall be charged the replacement costs. Said costs may be placed as a lien on real property.

(Formerly 14.04.110; Ord. 952 § 2, 1992; Ord. 1556 § 1, 2020)

Nothing in the provisions of this chapter shall relieve nor be interpreted to exempt a proponent of a development proposal from complying with the requirements of the California Desert Native Plants Act, Food and Agricultural Code Section 80001, et seq., and/or any applicable federal laws and regulations. Nor shall any provision of this chapter be construed so as to conflict with, duplicate, or otherwise interfere with general law preemptive of local regulation. (Formerly 14.04.120; Ord. 952 § 2, 1992; Ord. 1556 § 1, 2020)

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City of Palmdale, CA

ENVIRONMENTAL MANAGEMENT

§ 14.05.010

§ 14.05.020