Temecula Municipal Code Art. II Cutting, Removal, Relocation, or Encroachment Upon Protected Trees

A. All owners of real property on which a Protected 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 Protected Trees in a state of good health. Failure to do so will constitute a violation of this chapter.

B. Damaging a Protected Tree is Prohibited. Each action that damages a Protected Tree shall be a separate violation.

(Ord. 09-05 § 1; Ord. 2024-04, 7/23/2024)

A. Except as allowed under subsection B of this section, no person shall cut, remove, or relocate a Protected Tree, or encroach into the protected zone of any Protected Tree without first obtaining a Protected Tree Removal or Relocation Permit from the city in accordance with the provisions of this chapter.

B. A Protected Tree may not be cut, removed, relocated, or encroached upon without a Protected Tree Removal or Relocation Permit, except under the following circumstances:

1. Pruning according to International Society of Arboriculture standards and maintenance activities that promote the health and vigor of the tree;

2. The tree has been determined by a city arborist to be irreparably diseased or dead;

3. A peace officer, fireman, civil defense official, or code enforcement officer, or city arborist, 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 director shall be promptly noticed of the nature of the emergency and action taken;

4. Fire department personnel have determined that removal of the tree is necessary to their firefighting efforts;

5. An owner of real property is prohibited from obtaining insurance coverage to adequately secure and protect said property;

6. 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;

7. 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;

8. 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;

9. 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.

(Ord. 09-05 § 1; Ord. 2024-04, 7/23/2024)

A. An applicant for a Protected Tree Removal or Relocation Permit shall submit an application on a form designated by the director and pay the appropriate filing fee as set by council resolution.

B. If an application for a Protected Tree Removal or Relocation Permit pertains to five or fewer trees located on a single parcel, the director, or designee, shall review the application, and approve, deny, or conditionally approve the request. The director's decision may be appealed to the planning commission, which may uphold, modify, or reverse the decision of the director.

C. The planning commission shall review all applications for a Protected Tree Removal or Relocation Permit not reviewed in the first instance by the director, or designee. 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 chapter may be appealed to the city council in accordance with Section 17.03.090 of the Temecula Municipal Code.

(Ord. 09-05 § 1; Ord. 2024-04, 7/23/2024)

A. An application for a Protected Tree Removal or Relocation Permit may be approved only 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 Protected Tree;

2. Protect life or property from a danger posed by the Protected 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 Protected Tree Removal or Relocation 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 Protected Tree(s) to be removed;

3. A certified arborist's report on the likelihood for survival of any Protected 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 or licensed landscape architect'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 on-site planting of three replacement tree which will achieve the same approximate size at maturity as the removed Protected Tree for every one Protected Tree removed;

3. The off-site planting of two forty-eight-inch box trees species which will achieve the same approximate size at maturity as the removed Protected Tree for every one Protected Tree removed when it is not feasible to meet the requirements of subsection (C)(2);

4. 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 Protected Trees on the property for a period of five years;

5. Payment of a fee equal to the cost of procuring, planting, establishing, and maintaining one replacement tree for every one Protected Tree removed, 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 International Society of Arboriculture. Such payments shall be used solely to fund the cost of replacing trees that have been removed.

(Ord. 09-05 § 1; Ord. 2024-04, 7/23/2024)