89.0501 Purpose.

Further uncontrolled and indiscriminate destruction of oak trees would detrimentally affect the safety and welfare of the citizens of Yucaipa. The conservation program outlined in this chapter contributes to the welfare and aesthetics of the community and retains the great historical and environmental value of these trees. This chapter sets forth the policy of the City to require the conservation of all healthy oak trees unless reasonable and conforming use of the property justifies the removal, cutting, pruning and/or encroachment into the protected zone of an oak tree.

89.0505 Definitions.

(a) “Cutting” means the detaching or separating, from a protected tree, any limb, branch or root. Cutting shall include pruning.

(b) “Damage” means any action undertaken which causes injury, death, or disfigurement to a tree. This includes, but is not limited to, cutting, poisoning, overwatering, relocation or transplanting a protected tree, or trenching excavating or paving within the protected zone of a tree.

(c) “Deadwood” means limbs, branches or a portion of a tree that contains no green leaves during a period of the year when they should be present.

(d) “Dripline” shall mean the outermost edge of the tree’s canopy. When depicted on a map, the dripline will appear as an irregular shaped circle that follows the contour of the tree’s branches as seen from overhead.

(e) “Encroachment” means any intrusion or human activity into the protected zone of an oak tree including, but not limited to, pruning, grading, excavating, trenching, parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements.

(f) “Oak tree” shall mean any oak tree of the Genus Quercus except for Scrub Oak (Quercus dumosa).

(g) “Oak Tree Conservation and Protection Guidelines” or “Guidelines” means the policy established by the City Council and the administrative procedures and rules established by the Community Development Director for implementing this chapter.

(h) “Person” means any natural person, partnership, firm, corporation, governmental agency or other legal entity. (i) “Protected zone” shall mean a specifically defined area totally encompassing an oak tree within which work activities are strictly controlled. When depicted on a map, the outermost edge of the protected zone will appear as an irregular shaped circle that follows the contour of the dripline of the tree. Using the dripline as a point of reference, the protected zone shall commence at a point five feet (5’) outside of the dripline and extend inward to the trunk of the tree. In no case shall the protected zone be less than fifteen feet (15’) from the trunk of an oak tree.

(j) “Removal” means the physical removal of a tree or causing the death of a tree through damaging, poisoning or other direct or indirect action.

(k) “Routine maintenance” means actions needed for the continued good health of an oak tree including, but not limited to, removal of deadwood, insect control spraying and watering.