Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
10-22-2007 TC Packet
Is OBISPO - - ..$� .mid" • • . 1 TREE COMMITTEE MEETING AGENDA MONDAY, OCTOBER 22, 2007 5:00 P.M. _........ _.......... - Corporation Yard Conference Room 25 Prado Road, San Luis Obispo PUBLIC COMMENT: At this time, people may address the Committee about items not on the agenda. Persons wishing to speak should come forward and state their name and address. Comments limited to five minutes per person. Items raised at this time are generally referred to staff, and if action by the Committee is necessary, may be scheduled for a future meeting. MINUTES: Approval of Minutes of September 24, 2007. TREE REMOVAL APPLICATIONS L 3860 So. Higuera, Space C56 2. 524 Mitchell 3. 752 Palm St. 4. 3170 Flora St. 5. 308 San Miguel 6. 968 Toro St. NEW BUSINESS 1. Update on Quarterly Advisory Body Meeting OLD BUSINESS 1. Arbor Day 2. New Tree Removal Application Form 3. CEQA update ON -GOING BUSINESS 1. Tree Ordinance Update Review and confirm the outline for the Tree Ordinance revisions. ARBORIST REPORT 1. Neighborhood Planting 2. Multiple Street Tree Removal Project ADJOURN to next regular meeting scheduled for Monday, November 26, 2007, at 5:00 p.m. in the Corporation Yard Conference Room, 25 Prado Road. OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. 19 CITY OF SAN LUIS OBISPO TREE COMMITTEE CORPORATION YARD MONDAY, SEPTEMBER 24, 2007 MEMBERS PRESENT: Ben Parker, Craig Kincaid, and Sara Young STAFF PRESENT: Keith Pellemeier, Barbara Lynch, and Ron Combs PUBLIC COMMENTS David Sanger, REG Property Management representative, discussed the error in removing a sycamore at 1249 Palm Street. He stated that Central Coast Tree Service removed the tree, assuming that REG had secured a removal permit, when REG had not done so. Mr. Sanger stated he knew this was against the ordinance and asked what mitigation measures would have been in place had the tree been approved for removal so they could satisfy those after the fact. The Committee agreed to consider the item at a later date 1. APPROVAL AUGUST 27, 2007 MINUTES The minutes were unanimously approved as submitted. 2. TREE REMOVALS 3447 SYCAMORE (2 Ficus Mike Jones, applicant, discussed the pictures he submitted and noted many sewer problems and the bills incurred to deal with roots. He stated the sprinkler system had been ruined and that the sidewalk lifted and had already presented a trip hazard. He said the City had replaced the curb years ago. Mr. Combs reported they were large trees in a narrow parkway. He noted several inches of vertical displacement on the sidewalk and curb damage, and agreed there was evidence of root intrusion in the sewer. Mr. Parker felt these were impressive trees in the wrong space Mr. Parker moved to approve the removal request, based on undue hardship on the property owner, and required two 15-gallon replacement trees to be chosen from the Master Street Tree list and planted within 45 days of issuance of permit. Ms. Young seconded the motion. The motion passed unanimously. 2833 FLORA The applicant requested another continuance of this request. The Committee agreed to continue the item to the next regular meeting. 390 LAWRENCE Mr. Combs stated this item had been withdrawn. 836 VISTA ARROYO (Redwood Michael German, applicant, discussed the redwood tree that was growing too close to his house, as well as the neighbors house. He was concerned about damage to the foundation. He stated pavers had been displaced and there were large roots in the neighbors yard. Mr. Combs reported that it was a large rooted tree that would get larger. He did not see any current evidence of foundation damage, but felt future damage was likely. Mr. Parker was concerned that the diameter growth would impact the house. Mr. Parker moved to approve the removal request, based on promoting good arboricultural practice, and required one 15-gallon replacement birch tree to be planted in a backyard location within 45 days of issuance of permit. LrMr.41T-Ft1T - p. 1 .1-f11 11 • . 1 The motion passed unanimously. 738 HIGUERA (Black walnut George Garcia, applicant's representative, submitted a report regarding the retrofit. He noted that CCS is moving and the new tenant would require more retail space, which required removing the one tree in the back to expand the building. He noted the creek setback limited the options for building the addition. Mr. Combs reported that it was a large, mature tree with a significant amount of decay and that had been topped. He noted it was currently fairly healthy. He suggested that if the tree were approved for removal, there could be mitigation . measures off -site, e.g. planting and creek restoration in a different location. Mr. Parker determined that no other city agencies had reviewed the project yet He felt the removal request might be premature, depending on whether plans changed upon subsequent reviews and approvals by other agencies. He did not feel, at this point, the findings necessary to approve a removal have not been demonstrated. The applicant suggested a conditional approval and if ARC denied the project, the removal would be nullified. Mr. Parker moved to continue the request to a date uncertain, pending ARC approval of the project. Ms. Young seconded the motion. The motion passed unanimously. 269 DEL MAR COURT (Oak The applicant discussed the volunteer oak growing right by a 24" culvert(pipe and was concerned about root damage to the cement pipe seams. He discussed the previous storm damage to the house due to past pipe failure. He noted the large tree was very close to the house chimney. He stated the city had installed a 30" storm drain to funnel into an 18" drain and felt that could cause problems. He stated that the property was heavily wooded and did not feel replacement planting was an issue. He noted that he had a Coastal Live Oak growing in a pot that he would donate to the city to be planted at another location as mitigation, if the tree were approved for removal. Mr. Combs.reported that the specimen was a young, large, healthy oak. He stated that if the pipe was PVC, the roots wouldn't intrude, but the concrete could be impacted. He agreed it was growing very close to the house. He favored the suggestion of the donated potted oak, if agreeable. Mr. Kincaid moved to approve the removal request, based on undue hardship to the property owner, with no replacement planting required. He thanked the applicant for the donation of the potted oak 1497 SLACK (Pine) There was no applicant or representative to speak to the item, so the item could not be heard or acted upon. 667 MONTEREY (Live oak) Mike Hodge, applicant's representative, discussed the building demolition and relocation of the Leicher House as a future project. Mr. Combs reported that it was a small, healthy specimen with an odd lean and a bad pruning job. Mr. Parker stated that he favored the removal request being brought back once the future development and landscape plans had been approved by the ARC. Mr. Parker moved to continue the request to a date uncertain, pending ARC approval of the project. Mr. Kincaid seconded the motion. Mr. Kincaid requested that staff include minutes for this item and the previously heard 738 Higuera item with the agenda that will deal with those items again in the future. Citv of SLO Multiple Addresses Ed Humphrey, City Street Dept. representative, discussed the Area #2 repairs to curb/gutter/sidewalk. He stated these trees on the removal list were identified for removal due to trip/fall hazards and that criteria/mitigation. He noted that 120 locations (out of 2000 locations) in Area #2 needed repairs and that 1 % of them were requesting replacement plantings. He discussed the limitations of root pruning for these removals, noting that Liquid Ambers were a problematic tree and that with root pruning, continual repairs would still be needed. He stated staff had narrowed the removal requests down to 17, from over 100 trees. Mr. Combs reported that most of the posted trees were Liquid Amber and that their root penetration was difficult in the clay soil, which created lifting. He stated this was an ongoing problem with large trees in narrow parkways and that removal/replacement process with more appropriate species was the best overall plan. He discussed the list that property owners were given to choose the trees that would be replanted. e*1T7 r] 4 S.1_1 d, I Ss] The diameter of the Pepper tree prevented root pruning. The property owner asked if there were any other engineering ideas to mitigate root issues outside of removal/replacement. Ms. Lynch discussed ramping, ADA compliance issues, and the "rubber" type sidewalk material. She stated that some property owners grant easements to allow sidewalk re -configuring into the edge of their property to avoid the growing area. She noted that bulbing out into the street reduced parking areas. She suggested that if a particular tree's removal was being protested, perhaps adjacent property owners) could be approached about easements and bulb -outs from their land. Several area residents were concerned with the skyline being affected by the removals. Mr. Parker spoke about the long-term health of the urban forest and the need to renew/replace for future growth. The property owner and a neighbor both stated they favored the removal of the eucalyptus. The Committee then discussed the details of the original letter sent to residents and agreed that the language and call to action wasn't substantive enough to satisfy residents' questions and concerns. Staff agreed to send out a second letter that would also discuss various engineering options, as recently discussed, to elicit feedback, and offer options if an owner did not want a tree removed and some optional "fixes." Mr. Combs stated he would need to re -visit each proposed tree with options in mind and bring back a revised list outlining same. 1283 WOODSIDE Andrew Carter, owner, discussed the sidewalk and gutter damage but requested the tree be retained. He stated the property had lost a lot of trees and he did not want to lose one of the larger ones making up the skyline. He stated a bulb -out at his address would be acceptable. Mr. Carter also spoke on this item, stating there had been no curb damage and only minor damage to the sidewalk and therefore, he felt the tree could be retained. Mr. Humphrey noted those sidewalk sections needed to come around the base of the tree, which created watershed issues. 1275 FERNWOOD Mr. Carter noted the removal of the large ask would leave a hole in the skyline and felt the area could be re -designed to retain it. Jay Johnson, 1296 Fernwood, supported the retention of the ash at 1275 Fernwood and would give up a parking space on the street to accommodate it He also discussed CEQA laws and ID class exemptions.' MISC. LAWNWOOD CT. James Benson, 3674 Lawnwood, spoke on the various addresses, stating that there was only minor sidewalk lifting at 3658 Lawnwood and that the sidewalk had been repaired at 3688 Lawnwood, but the root had not been removed and now it was creating a problem at that address. GKI'I'l./ 4 k, Y 1W9191 Mr. Carter felt there was only minor curb damage and felt the tree should be retained. Mr. Combs noted that the tree had weak oo-dominant limbs that were likely to fail. Mr. Parker reiterated his earlier statement of long-term urban forest preservation, stating that resources and efforts should be put into new, more appropriate species for the area instead of into trying to salvage problem trees. Mr. Combs discussed the concept of diversity within the urban forest, using healthy age/species staggering and planting. Ms. Young moved to continue the discussion and action on the request to a date uncertain and directed staff to re -send revised letters with new text direction, based on suggestions made at the meeting. The motion passed unanimously ON -GOING BUSINESS 1. Tree Ordinance Update Review and Confirm the Outline for the Tree Ordinance Revisions The Committee discussed in detail the Purpose/Intent section of the ordinance. (See attachment) It was agreed that the Committee would review "Enforcement" section at the next regular meeting, asking staff to reference other city enforcement sections for review and possible incorporation. ARBORIST REPORT Mr. Parker asked staff to confirm categorical exemptions re CEQA requirements and thresholds, pertaining to the Area #2 removals. Mr. Pellemeier discussed the progress being made on the relocation of the Mission Silk Floss tree. The meeting adjourned at 7:30 p.m. to the next regular meeting scheduled for Monday, October 22, 2007 at 5 p.m. Lisa Woske, Recording Secretary Frem:1111C 18055440118 08/24/2007 12:07 8574 P.001/001 25 Pro& Road san Luh Obispo, CA 9a40I TREE REMOVAL APPLICATION IMPORTANT: A tree removal application will PLEASE NOTE: If your tree Is approved for only be considered if accompanied by a removal and posted, please call the office at sketch/moo shawing the street, structure(s) the end of your posting period to arrange to location and location of all trees proposed far pick 9 your permit. The Permit fee is $37 removallease drew on the back of this payable when you pick up your permit (cash form or fax an a separate sheet of paper, err check payable to City of San Luis Obispo). along with your application. "SEE NOTE BELOW ��/j &78-�SQS. Owner: �l�r/AppfT�65 A4AtE:S Telephonc:_kRS-NZN—Y(c Owner's Mailing Address: JS A{� L/) f�R %� � RJr �d 6e6&iip:4l,- !fZ p Applicant (if different than Owner):Telephone: Applicant's Mailing Address: SJ As¢`cyrt Zip: Location of tree(s): 3 eao S o 6!i6OFc. oe4 Please indicate nearest cross street: Tree Species: 7 Raj Botanical Name - Common Name Reasons for removing: Compensatory replacement proposed:14 )F_ /((i P 1 "-A1-C OQU©lti� %/� 7zi Application will be considired only if entirely filled out and signed by owner. If consideration of this application goes to Tree Committee, you are encouraged to attend the meeting and will be so notified. "NOTE: Any required "replacement trees" must be installed within "45 days of issuance of permit". Since tree removal permits are good for 6 months, you may wish to hold off picking up your permit until you are sure you will be his to install the replacement tree(s) within the 45 day period. "" MAIL OR FAX completed form to: City Arbarist, 25 Prado Rd., San Luis Obispo, CA 93401 Phone: 781- 0 Fax: 542-9868 Owner Date Applicant: fYX%"y _ bate:_ ©TSe oimmamanu is Obi'po is mmmineE iuinulude al dimblcd in ell of i-services pmyr sandal1wil.— Tdee ns Ocva r..he Mef(805) 781-7410 From: WE 10055410113 09/24/2007 12:30 0575 P.001/001 SL,.�>e CtT� Gsb ff42x `z s 1 s 9111111MY of san tins osIspo. 25 ftdo Road d San LVb Obispo, CA 93401 TREE REMOVAL APPLICATION IMPORTANT: A tree removal application will only PLEASE NOTE: If your tree is approved far be considered if accompanied by a s tc removal and posted. Please call the office at the showing the street, structure(s) icestlen and and of your posting period to arrange to pick up location of all trees proposed for renewal. Please your permit. The permit fee is $40 payable when drow-on-the-back-f-th s - rm or fox on a separate you Pick up your permit (cash or check payable to sheet of paper, along with your application. City of San Luis Obispo). Owner: A o4 6a.1,1 Telephone: 90% INT Owner's Mailing Address: 51 L/ t4 Zip Code: Applicant if other then owner + i PP ( ] 5-�-g✓c Telephone: Applicant's mailing address: %sow /3�-;y Zip Code: Location of tree(s):{Zxn%ry + Nearest cross street: _ begin yordP yes No) Tree species: Botanical nome(s): Com name(s): V�J Re7for requesting removal: Replacement tree pion proposed: • Application will be considered only if entirely filled out and signed by owner. If consideration of this application goes to Tree Committee, you or your agent are required to attend the meeting and will be notified. ' If lane closure is required to perform the tree removal work, an encroachment permit must be obtained from the City Public Works Department at 919 Palm Street. Any required "replacement trees" must be installed within'45 days of issuance of permit". Since tree removal permits are good for 6 months, you may wish to hold off picking up your permit until you are sure you will be able to install the replacement tree(s) within the 45 day period. MAIL OR FAX completed form to: City Arborist, 25 Prado Rd., San Luis Obispo, CA 93401, Phone: 781-7220 Fax: 542-9868 OwnDate: Appl Date: Owner: 9 D The City of Sen Luis Obispo is onamsmed to include tie disabled in all ofit,nukes p,ali nms and nom ities. Telecommunications Doatiae for lac Deaf (805) 781.7410. T'd 8986205:01 E£L22%908 33J1 3-1JnN3MJ9:WWA d£5:20 L002-9-100 U,po 14 i E 2'd B9BG265:QL ££LS29b90B M8i TIU(VE3tl9:WOtld d£9:20 2O02-S-1OO city of son US OBISPO e5 Pmdo Road • San Luis Obispo. CA 93401 IMPORTANT: A tree removal application will only be considered if accompanied by a sketch/momshowing the street, structure(s) PLEASE NOTE: If your tree is approved for removal and posted, please call the office at the end of your posting period to arrange to removal. Please draw on the back of this - payable when you pick up your permit (cash form or fax on a separate sheet of paper, or check payable to City of San Luis Obispo). along with your application. TREE REMOVALAPPLICATION �Telephone: Owners Mailing Address: ( i 101 (-AIZ-L)CV-- -7s 1 8,L-0 i Zip: g3?�OI Applicant (If different than Owner): �1�_,il:qcit IS 5--Telephone: Applicant's Mailing Address: Location of tree(s): S 2 Za Please indicate nearest cross street: Tree Species: Botanical Name Reasons for removing: N�-Z � C Compensatory replacement proposed in yard? Yes_ No,. *1 0 U 01,4- Common Name • Application will be considered only if entirely filled out and signed by owner. If consideration of this application goes to Tree Committee, you or your agent are required to attend the meeting and will be notified. * If lane closure is required to perform the tree removal work, an encroachment permit must be obtained from. the City Engineering Department. w Arty required 'replacement trees" must be installed within'45 days of issuance of permit". Since tree removal permits are good for 6 months, you may wish to hold off picking up your permit until you are sure you will be able to install the replacement tree(s) within the 45 day period. MAIL OR FAX completed form to: City Arborist, 25 Prodo Rd., San Luis Obispo, CA 93401, Phone: 78} }7220 Fax: 542-9 ` Owner: U1 irt� i/L Date aE1 '1 Applkartti- 6i -<- Date: q-1-1- The pIY San Luis OaiaPa k oommnted b hldude the disedad in all of Hs services, programs and adiviliae. Telecommunications Oevloa for the peat (005) M-7410. 2,, 10/02/2007 11:16 8055416427 SAN LUIS PORT XRAY C PAGE 01/02 tGi�el�cS—r' SCANNED tO1Z12 o� j c4 of sAn lx s owpo dmmlmmb do 25 Plado Pmd • San Luis ObIsPa. CA e3401 IMPORTANT: A tree removal appkcatbn will PLEASE NOTE: If your tree is approved for only be cmaidered if accompanied by A removal and posted, please call the offiae'at skwfeh/map shoring the street, strvetwe(s) the ad of your pos" period to arrange to removal. Plaose draw an the back of this payable when you pick up your permit farm or fax on a separate sheet of paper, ar cha& payable to City of San Luis AWN with yaw application -REMOVAL APPISCATTON Orwtert :;KC FF 1 onD Telephone: 5'4 th-53S-Z Owiwr's Malieg Address: 31 7 0 T 10 PLA ST, S R O zip; 9� (t 0 1 Applicant Of different than Oaner)i Telephone; E2 Applicant's Ma21rg Address' - _. TJa1 Location of tree(a): Fcoc� lxrle w3,g"'L d.�c -y'l ...°->�cc.z{ please kdicah new tit cross sheet: in Yard? Yes,_,_ NA K Tree spears; B-ot�Li, q L l,4 C, m Wool Neave Coleman Name Reasons for remowrg: • AppOcation will be considered only If entirely filled out and signed by owner. If consideration of this Application gars to Tree Committee, you w your agent Are regWred to attend the Awe" and will be notified. " If lane closure is requi edta Warta the tree removal work, an encreoc ment pemit must be obtained from the city evineerlmi oepa tment. w Any re phred'etpleeement frees' must be hstalled within'45 days of issuance of permW. Since tree remoal permits we good far 6 months, you may with to hold off 016dng up your permit until you are sure you will be able to Install the repledcment tnegs) within the 45 day period. MAIL OR FAX ampkteel form ta: City Ar!Wst, 25 Prade Rd., San Luis Obispo, CA 93401, Phone- 781-7220 Fotct 642-9868 Ownwt 7:cFP0.E"l 5. '%'Ii� Cate. 191-;IL 07 �!aCsRrAE,I Date: 0 7 ®Thaweraann ew'"rwi.ow trwa�'Vsww�en twanwaeh wa N's6rdm. oroawn.nr erawva 19 10/02/2007 11:16 8055416427 SAN LOIS PORT XRAY C PAGE 02/02 v Y tf C w J- � <A 94 city of son hugs owpo 25 Prado Road • San Luis Obispo, CA 93401 . IMPORTANT: A tree removal application will PLEASE NOTE: If your tree is approved for only be considered if accompanied by a removal and posted, please call the office at sketch/map showing the street, structure(s) the end-ofyour postingperiodto arrange to iocatkmn mHocatwn-of--a4-trees-proposed-far--pick-up-your-permit 'he-aermit--fee is $ 4B - removal. Please draw on the back of this payable when.you pick up your permit (cash form or fax on a separate sheet of paper, or check payable to City of San Luis Obispo). along with your application. TREE REMOVAL APPLICATION Owner: i elepnone: i l t P r I T � M4 Ot Owners Mailing Tess: - - �p: Applicant.(if different than Owner): �In ki /13S _ Telephone: 441 R3`L Applicant's Mailing Address: 534�-- 0/d+,d�A4jP6&g C� -zip - Location of iree(s): Please indicate nearest cross street: Tree Species: Botanical Name -.pv i_, c—Dog in yard? Yes_ NoAL Meiugqei-YtuLF- Common Na Compensatory replacement proposed: * Application will be considered only if entirely filled out and signed. by owner. If consideration of this application goes to Tree Committee, you or your agent are required to attend the meeting and will be notified. If lane closure is required to perform the tree removal work, an encroachment permit must be obtained from. the City Engineering Department. " Any required 'replacement trees" must be installed within'45 days of issuance of permit". Since tree removal permits are good for 6 months, you may wish to hold off picking up your permit until you are sure you will be able to install the replacement tree(s) within the 45 day period. MAIL OR FAX completed form to: City Arborist, 25 Prado Rd., San Luis Obispo, CA 93401, Phone: 7&1L20 Aa-9868 Owner: ( - )c- Date - ((%-14 Applicant: Date: The City of San Luis O AW is committed W Include the disabled in an of ee aarvkes. poognma and adwillm 19 Tele¢anmunicatlons Device for are Deaf (sos) Ml-7410 G r r Oct. 4. 2Q07 2:31PM URY C STANWYCK MD No. 0813 P. I � � l c4 of sAn UruS VB►1S Jmi 26 Prado Road • San Luis Obispo, CA 93491 IMPORTANT: A tree removal application will PLEASE NOTE: V your tree Is approved for only be considered If accompanied by a removal and posted, please call the office at skekh/ntao showing the street, stm:Mure(s) the end of your posting period to arrange to '... lecallon_m:dJxatJansf-all -tree froposedlnr pick_up-ydur-permk,-Th _ ermtt_fm Is_$39 removal. Please draw an the back of this payable when you pick up your permit (cash form or fox on a separate sheet of paper, or check payable to City of San Luis Obispo). along with your application. TREE REMOVAL APPLICATION 3'��-0851 !•Loma Owner: G&R� SrAAJW1Vek� nti/�.1- Telephans: gYq- 7670 work Owner's Mailing Address: 4(a$ T ro Sit 9a^ 44061'soo &A np: Applicant (if different than Owner): Telephone: Applicant's Malling Address: /�� _. Zlpt Location of tree(s): T idt- w&l k i n P p &f of I' b To rp Si: Places: Indicate nearest cross street: ?G..I M Dog In yard? Yes_ No r Tree species: 'F i [.tt.s Fi Uts Botanical Name Common Name Reasons for removing: Compensatory, replacement proposed! ht discre-l-i r„ Of `lLA& Cai4I v 'It . Application will be considered only if entirely filled out and signed by owner. If consideration of this application goes to Tree Committee, you or your agent are required to attend the meeting and will be notified. e If lane closure is required to perform the tree removal work, an encroachment permit must be obtained from the City Engineering Department. e Any required 'replacement trees" must be installed within'45 days of issuance of permit', Since tree removal permits are good for 6 months, you may wish to hold off picking up your permit until you are sure you will be able to install the replacement tree(s) within the 45 day period. MAIL OR FAX posted form tot City Arborlst, 25 Prodo Rd., Son Luis Obispo, CA 93401, Phorts:781- :542-9868 Owner: - O 4 ;� -- Applicant: TN'=wl Dater I.ts. I TM Ot at San Lure Oalmro Is commmed to Include Me disabled in all of Its services, praarams and adWmee. l�1 6 munitacons nxlee br the neat fB Te47610. Oct. 4, 20A1 2:31PM GARY D STANWYCK MD Na.0813 P. 2 STA+Jwycic l��'Pu'c�7ior� sidewwlK G Tor Chapter 12.24 TREE REGULATIONS Sections: 12.24.010 Purpose and intent. 12.24.020 Tree committee. 12.24.030 Definitions. 12.24.040 Enforcement. 12.24.050 Master tree lists. 12.24.060 Tree planting plans. 12.24.070 Residential tree planting plans. 12.2 Street tree planting and maintenance standards. 12.24.090 Street tree planting requirements. 12.24.100 Street tree planting procedures. 12.24.110 Control of trees and shrubs on public easements. 12.24.120 Street tree maintenance. 12.24.130 Protection of trees. 12.24.140 Tree maintenance by public utilities. 12.24.150 Responsibilities for repairing tree damage to curbs, gutters and sidewalks. 12.24.160 Tree service contractors. 12.24.170 Emergency tree services. 12.24.180 Tree removal. 12.24.190 Heritage trees. . 12.24.200 Appeals. 12.24.210 No liability upon the city. 12.24.010 Purpose and intent. A. The public interest and welfare require that the city establish, adopt and maintain a comprehensive program for installing, maintaining and preserving trees within the city. B. This chapter establishes policies, regulations and specifications necessary to govern installation, maintenance and preservation of trees to beautify the city, to purify the air, to provide shade and wind protection, and to preserve trees with historic_ community, or unusual aesthetic botanical and/or cultural value. C. It is the policy of the city to line its streets with trees and to conduct a consistent and edegaat�effective program for maintaining and preserving these trees. This policy provides for planting trees in all areas of the city and for selecting appropriate species to achieve as much beauty and economy as possible. It is also the policy of the city to protect and preserve all desirable trees, wherever they are located. It shall be the duty of the director to enforce, implement and carry out this policy and the provisions of this chapter. D. It is the policy of the city to encourage new tree planting on public and private property and to cultivate a flourishing urban forest. (Ord. 1392 § 1 (part), 2001) 12.24.020 Tree committee. A. The tree committee shall act as an advisory body to the director and the city council on all matters related to trees in San Luis Obispo. B. The tree committee shall have five members who shall serve four-year terms, which shall be staggered, pursuant to Tree Committee bylaws..- (Ord..1392 § 1 (part), 2001) 12.24.030 Definitions. The following words and phrases used in this chapter, unless a different meaning is clearly required by the context, shall have the following meanings: A. "Director" means the public works director or his or her designated representative. B. "Heritage tree" means any tree existing within the city limits, which has been so designated by resolution of the city council. Heritage trees shall be trees with notable size, size, historic. cultural. botanical -interest and/or lneess of an unusual species. of size. C. "Maintain" or "maintenance" means the entire care of trees as well as the preparation of ground and fertilizing, mulching, trimming and watering. D. `Planting" means new planting and replacement planting. E. `Planting area" means the area available for planting either within the street right- DOCS AND ISA STANDARDS F. `Public utility! means any company doing business as or on behalf of a public • utility under the jurisdiction of the Public Utilities Commission of the state and any duly constituted public agency authorized to provide and providing utility service. G. "Street tree" means any tree within the. city right-of-way. THIS SECTION TO BE DISCUSSED UPON REVIEW OF OTHER CITIES' DOCS AND ISA STANDARDS H. "Tree" means any perennial woody plant having a trunk at least three inches in diameter at a height four and one-half feet above the ground. This definition shall include any tree planted by or required to be planted by the city which will attain the stated size at maturity. (Ord. 1392 § 1 (part), 2001) THIS SECTION TO BE DISCUSSED UPON The public works department shall be responsible for enforcement of this chapter. (Ord. 1392 § 1 (part), 2001) 12.24.050 Master tree lists. The tree committee, with the assistance of the public works and community development departments, shall develop and maintain a master tree list and a master street tree list which shall be adopted by resolution of the city council and shall be on file in the office of the city clerk. These documents shall specify the species of trees suitable and desirable for planting in certain areas in order to establish a wide-ranging urban forest. (Ord. 1392 § 1 (part), 2001) 12.24.060 Tree planting plans. The tree committee, with the assistance of the public works and community development departments, shall recommend a tree planting plan and a street tree planting plan to be adopted by resolution of the city council and maintained on file in the office of the city clerk. These documents shall set forth the species of trees to be planted and shall encourage species diversity throughout in different areas of the city and shall include a schedule for street tree planting to hasten establishment of the urban forest. (Ord. 1392 § 1 (part), 2001) 12.24.070 Residential tree planting plans. A. The city arbonst, with direction from the tree committee, the architectural review commission or the city council, may designate specific tree planting plans for certain residential neighborhoods or blocks, which specify the species and locations for trees to be planted in those neighborhoods or blocks. The director, the tree committee or the architectural review commission must approve any deviations from these residential tree planting plans. B. Trees for residential areas without specific tree planting plans must be selected from the master tree list. (Ord. 1302 § 1 (part), 2001) 12.24.080 Street tree planting and maintenance standards. The public works and community development departments, with the approval of the tree committee, shall develop and implement policies and standards for street tree planting and maintenance, which shall be adopted by resolution of the city council. (Ord. 1392 § 1 (part), 2001) 12.24.090 Street tree planting requirements. other city entitlement. - - B. Planting street trees shall be required as a condition of approval for all subdivisions and building permits. The policies and standards for street tree planting and maintenance shall be followed in all instances. (Ord. 1392 § 1 (part), 2001) 12.24.100 Street tree planting procedures. A. All street trees shall be planted within the planting area. In R-1 and R-2 zones, if the city requires tree planting in the sidewalk instead of behind the sidewalk, the city shall pay for additional costs incurred. B. Before planting, all street trees must be inspected and approved by the city arborist or his or her designee. C. Required street trees must be planted after completion of each adjacent building and before an occupancy release is issued for the adjacent building, unless otherwise approved by the director. D. The city shall encourage installing both integral and detached sidewalks within the same block when the director has determined that the change within the block is necessary to preserve a desirable tree, provided a minimum sidewalk width of four feet can be constructed. E. Property owners shall be responsible for establishing and maintaining required street trees adjacent to their property, except as provided elsewhere in this chapter. F. So that the city arbonst can determine the tree requirements for site development, any subdivider or developer shall submit to the city a plot plan of the proposed subdivision which shall: 1. Show clearly all existing trees, noting location, species, diameter and condition; 2. Note whether existing trees will be retained, removed or relocated; 3. Show proposed utilities, driveways, street tree locations, and the size and species of proposed street trees. (Ord. 1392 § 1 (part), 2001) 12.24.110 Control of trees and shrubs on public easements. A. To prevent hazards to the public, property owners shall maintain all trees, shrubs and other plant growth on their property or adjacent to their property and within the public right-of-way. Hazards shall include, but not be limited to, branches hanging over sidewalks and shrubbery growing into the right-of-way which interferes with passage. B. The city will notify property owners of hazards by posting abatement notices according to the Streets and Highways Code, Improvement Act of 1911, Sections 5610 through 5618. C. Any tree or shrub growing on private property that, in the opinion of the director, endangers public property shall be removed or trimmed by the property owner within fourteen days after receiving notice from the director. If the property owner fails to remove or trim the trees or shrubs, the city will conduct the work and assess the property owner for the cost. The city shall give property owners at least ten days' notice of the city council hearing to confirm assessments. Upon confirmation of assessments by the city council, removal and trimming costs shall become a lien on the property and the resolution assessing these costs shall be recorded with the county recorder's office. The assessment may be collected by court action. In case of emergency caused by a tree in a hazardous condition, the tree may be removed by order of the director. (Ord. 1392 § 1 (part), 2001) 12.24.120 Street tree maintenance. the city will am n sit eat es in thee downtown— o—offaffe—rcial area an on major streets. In all other areas of the city, street tree maintenance will be the responsibility of the adjacent property owners, except that the city will prune and spray street trees in these other areas to ensure healthy and attractive growth. Trees will be pruned based on a predetermined schedule approved by the public works director. Owners may wait for scheduled maintenance or may have their street trees pruned by an International Society of Arboriculture certified arborist at their own expense with written approval by the city arborist. The city's responsibility to prune street trees shall not relieve property owners of their responsibility to prevent hazards as required in Section 12.24.110. (Ord. 1392 § 1 (part), 2001) 12.24.130 Protection of trees. A. No person shall trim, prime or cut any street tree unless such work confomvc to this.chapter and is performed in accordance with all International Society of Arboriculture standards. In no case shall more than one-third of the tree canopy be removed. B. No person shall interfere, or cause any other person to interfere, with employees of the city who are engaged in planting, maintaining, treating or removing any street tree or removing any material detrimental to the tree. C. No person shall willfally injure, disfigure or intentionally destroy by any means any tree growing within the planting area or elsewhere within the jurisdiction of this chapter, except with permits described elsewhere in this chapter. D. No person shall: - 1. Construct a concrete, asphalt, brick or gravel sidewalk, or otherwise fill up the ground area near any tree, to shut off air, light or water from the roots, except under written authority from the public works department. 2. Place building material, equipment or other harmful substance near any tree, which might cause injury to the tree. 3. Post any sign on any tree, tree -stake or guard, or fasten any guy wire, cable or rope to any tree, tre stake or guard. E. Tree -stakes or guards may be placed around street trees by property owners for the purpose of protecting or training the trees, with approval of the director. F. No person shall plant any street tree except according to policies, regulations and specifications established pursuant to this chapter or any currently applicable ordinances or code sections. G. Any person deemed responsible for damaging a tree or removing a tree without a permit as described in this chapter shall be liable for civil damages to the city in the amount adopted, by resolution, by the city council or for the value of the tree as determined by methods established by the international Society of Arboriculture, whichever is greater as determined by the city arborist. '.... H. It shall be unlawful for a property owner to maintain a tree or shmbbery hazard as described in Section 12.24.110 and identified by city inspection. (Ord. 1392 § 1 (part), 2001) 12.24.140 Tree maintenance by public utilities. A. A public utility shall obtain a permit, issued by the director and valid for one year from the date of issuance, in order to maintain trees growing adjacent to utility fixtures or apparatus. This permission shall cover trees which encroach upon public streets. B. When maintaining street trees, a public utility must observe good arboricultural praac ices, as sped eff d bylare—m—abimud Sooi ety o f 2krburdi culture W eatern k1rumng Standards and City of San Luis Obispo Safety Pruning Specifications. C. When public utility pruning affects ten percent or more of a street tree's natural canopy, or when there are energized utility lines closer than ten feet from a street tree's main trunk or trunks, the public utility shall provide complete pruning of the entire tree. (Ord. 1392 § 1 (part), 2001) 12.24.150 Responsibilities for repairing tree damage to curbs, gutters and sidewalks. A. When roots of a tree planted within the planting area damage city curbs, gutters and sidewalks, including driveway ramps, the city shall be responsible for appropriate corrective measures which are least damaging to the tree. B. When roots of a tree planted outside the planting area damage city curbs, gutters and sidewalks, including driveway ramps, the property owner shall be responsible for appropriate corrective measures which are least damaging to the tree. C. . When the city designs new sidewalks, curbs or driveway approaches the city shall seek alternative options to. preserve desirable trees. When trees must be removed it shall be the responsibility of the cityto remove any trees. Any trees so removed shall be replaced at the city's expense with acceptable trees from the master tree list. When a property owner designs a new sidewalk, curb or driveway approach, the property owner shall seek alternative options to preserve desirable trees. When trees must be removed it shall be at the expense of the property owner. Any trees so removed shall be replaced by the property owner with acceptable trees from the master tree list. (Ord. 1392 § 1 (part), 2001) 12.24.160 Tree service contractors. When the city requires tree pruning, any tree service contractor performing the work shall have on its staff an arborist certified by the Western Chapter of the International Society of Arboriculture. This arborist must oversee all pruning work and certify that all work meets the city's pruning specifications. If a certified arborist is not on the staff of the tree contractor, the city arborist must approve the tree service contractor before work begins. (Ord. 1392 § 1 (part), 2001) 12.24.170 Emergency tree services. The city will provide on -call tree services in emergencies. Emergencies include fallen trees and other immediate safety hazards. The director shall determine if an emergency exists. (Ord. 1392 § 1 (part), 2001) 12.24.180 Tree removal. ' A. Policy. The city values trees as an important part of the environment and shall strive to preserve them whenever possible and feasible. When reviewing requests for tree removal permits, the city shall discourage removing desirable trees and shall consider approving removal of desirable trees only as a last resort alternative for the applicant. B. Permits for Removal. Except as otherwise provided in this chapter, removing any tree in the city shall require a permit. C. Tree Removal Not Related to Property Development. 1. When not related to property development, removing a tree in all zones except the R-I and R-2 zones shall require a permit issued by the public works department. 2. When not related to property development, removing a tree in the R-1 and R-2 zones shall require a permit issued by the public works department in any of the following circumstances: (1) Quercus agrifolia (coast live oak), (2) Umbellularia californica (California laurel), (3) Platanus racemosa (California sycamore), (4) Juglans califomica (Southern California black walnut), (5) Salix lasiolepis (willow),. (6) Populus trichocarpa (black cottonwood), (7) Heteromeles arbutifolia (California hollytoyon), (8) Acer macrophyllum (bigleaf maple), _ (9) Acer negundo (box elder), (10) Sequoia sempervirens (coast redwood); b. When the tree is a native and the trunk is twelve inches or greater in diameter at a height of four and one-half feet from the ground and is visible from any public space or a non-native with a trunk diameter of twenty-four inches or greater; C. When the tree is within twenty-five feet of a creek bank; d. When the tree is on a vacant lot or a lot not developed to the maximum allowed density; e. When the tree is located in the planting area. 3. An application for a tree removal permit issued by the public works department shall include: a. A plot plan showing the location and species of any tree proposed for removal; b. A brief statement of the reason for removal; C. Any other pertinent information required. 4. An applicant for a tree removal permit issued by the public works department should request a site review by the city arborist before preparing a detailed plot plan. 5. When tree removal is not related to property development, the city arborist may authorize a tree removal after finding any of the following circumstances: a. The tree is a hazard to life or property, and removing it is the only feasible way to eliminate the hazard; b. The tree is dead or dying or damaged beyond reclamation; C. The tree is causing severe root damage to public or private property, and removing the tree is the only feasible way to eliminate the damage. 6. When the city arborist cannot authorize a tree removal, the tree committee shall review the application and may authorize removal if it finds one of the following circumstances: a The tree is causing undue hardship to the property owner. Normal routine maintenance does not constitute a hardship, i.e., cleaning of gutters, leaf raking, or root intrusion into a failed sewer lateral, etc.; b. Removing the tree promotes good arboricultural practice; C. Removing the tree will not harm the character or environment of the surrounding neighborhood. D. Tree Removal with a Development Permit. 1. To remove a tree from any parcel in the city as part of property development by subdivision, building permit or other entitlement, the developer shall apply to remove the tree by including the following documents with the application for development: b. A brief statement of the reason for removal; C. Any other pertinent information required. - 2. Review of the application to remove a tree with a development permit shall proceed as follows: a. The city arborist shall inspect the property and recommend approving or denying the application; b. If no architectural review is required for the development, the tree committee shall approve or deny the application; C. If architectural review is required for the development, the architectural review commission shall approve or deny the application: (1) If the city arborist has recommended denying the application and the architectural review commission has approved the application, the tree committee shall review the architectural review commission's decision; (2) If the tree committee concurs with the city arborist's recommendation to deny the application when the architectural review commission has approved the application, the city council shall review the matter for final action. E. Tree Removal on Public Property. 1. When the city removes a tree as part of a public improvement project, the city shall replace the trees as soon as feasible during the project. 2. When the city requires a tree to be planted in the planting area and then later determines that the tree must be removed, the city shall pay for removal and replacement. F. Notification of Tree Removal. 1. The city shall post a sign notifying the public of the date and description of a proposed tree removal. This sign shall be posted in a prominent location, visible from a public street, for a period not less than five days before either staff consideration of a tree removal permit or a public hearing on a related development. 2. The public works director may waive notification requirements for a tree removal in either of the following circumstances: a. When the director determines that a tree's condition threatens public health, safety or welfare; b. When local, state or federal authorities have declared a state of emergency and a tree's condition threatens public health, safety or welfare. G. Approval Conditions. In approving an application for tree removal, the director, the tree committee, the architectural review commission or the city council may require planting replacement trees and may require a bond ensuring that replacement trees shall be planted. H. Expiration of Appeals. Decisions on tree removal by the director, the tree committee and the architectural review commission shall be subject to appeal according to the appeal provisions of this code, and no.pemdt shall be issued until the appeal period has lapsed. (Ord. 1392 § 1.(part), 2001) 12.24.190 Heritage trees. The city recognizes the important role trees have played in the history and development of San Luis Obispo and recognizes that a wide variety of trees can grow in its unique and temperate climate. The city may officially designate as heritage trees those trees in the community that have significant historical or arboricultural interest. The city shall protect and maintain all designated heritage trees. Heritage trees shall be pruned according to a responsibility of the property owner. (Ord. 1392 § 1 (part), 2001) 12.24.200 Appeals. A. In accordance with the provisions of Chapter 1.20, any person aggrieved by an act or determination of the staff in exercising the authority herein granted shall have the right to appeal to the tree committee, whose decisions are appealable to the city council. B. Appeals received by the city within ten calendar days from the date of determination or set shall cause the public works director to withhold tree removal permits and stop any construction or demolition activity affecting the subject tree until the appeal is heard and a decision is reached. (Ord. 1489 § 1, 2006: Ord. 1392 § 1 (part), 2001) 12.24.210 No liability upon the city. - Nothing in this chapter shall be deemed to impose any liability upon the city or upon any of its officers or employees, nor to relieve the owner or occupant of any private property from the duty to keep in safe condition any trees and shrubs upon that private property or upon sidewalks and planting areas in front of that property. (Ord. 1392 § 1 (part), 2001)