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HomeMy WebLinkAboutChapter 12.24 Code Tree Regulations12.24.010 12.24.020 12.24.030 12.24.040 12.24.050 12.24.060 12.24.070 12.24.080 12.24.090 12.24.100 12.24.110 12.24.120 12.24.130 12.24.140 12.24.150 12.24.160 12.24.170 12.24.180 12.24.190 Chapter 12.24 TREE REGULATIONS Sections: Purpose and intent. Tree committee. Definitions. Street trees—Master lists. Tree planting plans. Street tree planting and maintenance standards. Street tree planting requirements. Street tree planting procedures. Tree removal. Control of trees and shrubs for protection of public safety. Street tree maintenance. Tree maintenance by public utilities. Tree service contractors. Responsibility for repairing tree damage to curbs, gutters and sidewalks. Protection of trees. Heritage trees. Enforcement. Appeals. 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, removal and preservation of trees to beautify the city, to purify the air, to provide shade and wind protection, add environmental and economic value and to preserve trees with historic or unusual value. C. It is the policy of the city to line its streets with trees and to conduct a consistent and 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 the city’s goals. 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. Ch. 12.24 Tree Regulations | San Luis Obispo Municipal Code Page 1 of 17 The San Luis Obispo Municipal Code is current through Ordinance 1672, and legislation passed through December 3, 2019. 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 with an emphasis on native and drought tolerant species. E. Trees are essential to the community’s well-being and the care and planting of all trees will be done in a manner consistent with city policies and standards. (Ord. 1544 § 1 (part), 2010) 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 membership shall be governed by tree committee bylaws, as approved by the council. (Ord. 1589 § 1, 2013: Ord. 1544 § 1 (part), 2010) 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: “City arborist” means the person employed by the city as the city arborist responsible for making recommendations in the care, planting, pruning, trimming and removal of all trees in the city. “Development” means any subdivision or other action requiring a building permit or any discretionary permit or approval by the city. “Diameter” means the circumference measured at DSH (diameter shoulder height) or four feet, six inches as per ISA standards. “Director” means the public works director or his or her designated representative. “Discretionary development permit” means a permit issued for any project which requires the exercise of judgment or deliberation by a public official to approve or disapprove an activity, as distinguished from merely determining whether there has been compliance with applicable laws or regulations. “Downtown district” means the area between Palm and Pacific and Santa Rosa and Nipomo, and extending south between Higuera and Marsh to where Higuera and Marsh meet, including both sides of each street. “Establish” means to plant and maintain trees during the first years of their life to ensure their survival. “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 historic interest or trees of an unusual species or size. “ISA” means International Society of Arboriculture. Ch. 12.24 Tree Regulations | San Luis Obispo Municipal Code Page 2 of 17 The San Luis Obispo Municipal Code is current through Ordinance 1672, and legislation passed through December 3, 2019. “Maintain” or “maintenance” means the entire care of trees as well as the preparation of ground and fertilizing, mulching, trimming and watering. “Major streets” means those streets identified in the city’s current engineering standard, “Street Trees—Major Streets.” “Master list” means those trees identified in the city’s engineering standard, “Street Trees—Master List.” “Ministerial development permit” means a construction or development permit required to be issued by the city upon confirmation that the project application meets minimum statutory or code requirements and other adopted, uniform standards, the review of which requires little or no personal judgment by the reviewing public official as to the wisdom or manner of carrying out the project, such as the review and issuance of most building permits. For purposes of this chapter, the discretionary act of issuance of a tree removal permit does not redefine an otherwise ministerial development permit into a discretionary development permit. “Native” means the following listed trees: 1. Quercus agrifolia (coast live oak); 2. Umbellularia californica (California laurel); 3. Platanus racemosa (California sycamore); 4. Juglans californica (Southern California black walnut); 5. Salix lasiolepis (willow); 6. Populus trichocarpa (black cottonwood); 7. Heteromeles arbutifolia (California holly toyon); 8. Acer macrophyllum (big leaf maple); 9. Acer negundo (box elder); 10. Quercus lobata (valley or white oak). “Planting” means new planting and replacement planting. “Public traffic” means all motorized vehicles, bicycles, pedestrians, and personal mobility devices in and along the public right-of-way. “Public utility” means any company doing business as 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. Right-of-Way for Street Trees. See diagram. Ch. 12.24 Tree Regulations | San Luis Obispo Municipal Code Page 3 of 17 The San Luis Obispo Municipal Code is current through Ordinance 1672, and legislation passed through December 3, 2019. “Site plan” means a map or diagram which will include all buildings, driveways, streets, sidewalks, utilities, trees by size and species and any proposed changes, additions or removals. “Street tree” means a tree accepted by resolution of the city council and growing adjacent to dedicated roadways and within the city’s right-of-way or within a street tree easement accepted by the city. “Tree” means a woody, perennial plant with one main stem or trunk which develops many branches; most trees are over ten feet tall. This definition shall include any tree planted by or required to be planted by the city which may attain the stated size at maturity. (Ord. 1664 § 2, 2019; Ord. 1544 § 1 (part), 2010) 12.24.040 Street trees—Master lists. The tree committee, with the assistance of the public works and community development departments, has developed and will maintain a street tree master list and a street tree major streets list which shall be adopted by resolution of the city council and shall be on file in the public works department, engineering standards. These documents shall specify the species of trees suitable and desirable for planting in certain areas in order to establish a diverse urban forest. (Ord. 1544 § 1 (part), 2010) 12.24.050 Tree planting plans. A. The city arborist designates specific tree planting plans for certain neighborhoods, developments or blocks, which specify the species and locations for trees to be planted in those neighborhoods or blocks. Plans are subject to the approval of the tree committee, the architectural review commission or the city council. The city arborist must approve any deviations from these tree planting plans. B. Street tree planting for areas without specific tree planting plans must be selected from the street tree master list. (Ord. 1544 § 1 (part), 2010) Ch. 12.24 Tree Regulations | San Luis Obispo Municipal Code Page 4 of 17 The San Luis Obispo Municipal Code is current through Ordinance 1672, and legislation passed through December 3, 2019. 12.24.060 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. 1544 § 1 (part), 2010) 12.24.070 Street tree planting requirements. A. Planting street trees may be required as a condition of a use permit, variance or other city entitlement. B. Planting street trees shall be required as a condition of approval for all subdivisions and related building permits. The policies and standards for street tree planting and maintenance shall be followed in all instances. (Ord. 1544 § 1 (part), 2010) 12.24.080 Street tree planting procedures. A. After planting, all street trees must be inspected and approved by the city arborist or his or her designee. B. Required street trees must be planted after completion of each adjacent building and before an occupancy release is issued for the adjacent building. C. Property owners shall be required to establish and maintain required street trees adjacent to their property, except as provided elsewhere in this chapter. (Ord. 1544 § 1 (part), 2010) 12.24.090 Tree removal. A. Policy. The city values trees as an important part of the natural, urban and economic environment and efforts shall be made to protect, preserve, and create the conditions that will promote the preservation of trees. When reviewing requests for tree removal permits, the city shall discourage removing healthy trees that present no threat to people or property. B. Permits for Removal. Except as otherwise specified in this chapter, no person shall cut down, remove or destroy any tree, or cause the cutting down, removal or destruction of any tree, unless that person has obtained a tree removal permit issued by the approving authority. C. Permit Not Required. Removing a tree in R-1 and R-2 zones does not require a permit if all of the following conditions exist: 1. The tree is a designated native species and the trunk is less than ten inches in diameter as measured by diameter standard height (DSH, four feet, six inches per International Society of Arboriculture (ISA) standards) (see Section 12.24.030, Definitions; native trees), or when the tree is nonnative and the trunk is less than twenty inches DSH; and Ch. 12.24 Tree Regulations | San Luis Obispo Municipal Code Page 5 of 17 The San Luis Obispo Municipal Code is current through Ordinance 1672, and legislation passed through December 3, 2019. 2. The tree is not located within a creek setback area (see Section 17.70.030); and 3. The tree is not a designated street tree, and is not located within ten feet of the back of the sidewalk; and 4. Planting or retention of the tree was not a condition of development; or 5. The tree is a palm and the trunk is less than twelve inches DSH. D. Application Requirements for a Tree Removal Permit. 1. An application for a tree removal permit on a site where no discretionary or ministerial development permit is requested shall include: a. A site plan showing the location, species and size of any tree proposed for removal; and b. A photo log that clearly shows the damage a tree is causing or the condition for which removal is requested; and c. A diagram or site photograph showing each tree identified to be removed with each tree uniquely identified by number; and d. All information to support the reason for removal; and e. A replanting plan showing the size, location and species of trees identified to be planted to compensate for proposed removal in compliance with subsection J of this section; and f. Any other information deemed necessary by the director of public works or the director of community development to evaluate the proposed removal in accordance with the criteria set forth in subsection E of this section. 2. An application for tree removal on a site where a discretionary or ministerial development permit is requested shall include the following information, in addition to application materials identified in subsection (D)(1) of this section: a. An arborist report that identifies and discusses each tree within the development footprint (including, but not limited to, structural development, grading, staging areas, ground cover removal, changes in drainage patterns, and associated off-site improvements) including those trees proposed for removal and those trees that will remain. An arborist report may not be required for tree removal(s) proposed on a single-family residential site for which only a ministerial development permit for construction related to a single-family residence is requested; b. A site plan that includes accurate drip line delineation and cross sections of construction work impacting both trees proposed for removal and trees planned to remain; c. Any other information deemed necessary by the director of public works or the director of community development to evaluate the proposed removal in accordance with the criteria set forth in subsection G of this section. Ch. 12.24 Tree Regulations | San Luis Obispo Municipal Code Page 6 of 17 The San Luis Obispo Municipal Code is current through Ordinance 1672, and legislation passed through December 3, 2019. d. The tree removal application materials shall be provided at the same time and in addition to the development permit application but may reference the development permit application to provide the information required by this section. 3. As a condition of authorizing tree removal(s), the approving authority may require the development and implementation of a site-specific tree protection plan that shall be submitted to the city arborist for review and approval prior to issuance of a tree removal permit. E. Criteria and Process for Non-Construction Related Tree Removal Application Determinations Related to Tree Health or Hazard Mitigation or Property Owner Convenience (Refer to Subsection G of This Section for Criteria for Construction Tree Removal Determinations). 1. The city arborist may authorize a tree removal upon receipt of a removal application pursuant to subsection D of this section and issue a tree removal permit upon determination of any of the following circumstances: a. The tree is an imminent hazard to life or property, and removing it is the only feasible way to eliminate the hazard (see subsection (I)(2) of this section for director approval of immediate hazard abatement without a formal application or noticing; removals pursuant to this subsection (E)(1)(a) and subsection (I)(2) of this section are not appealable); b. The tree is dead or dying or diseased or damaged beyond reclamation; c. The tree’s roots are causing severe damage to public or private property, and removing the tree is the only feasible way to eliminate the damage; d. The tree is affected by structural defects and/or deficiencies that will limit lifespan; e. The tree is densely clustered amongst other trees and the requested tree removal promotes good arboricultural practice; f. The tree is obstructing vision, access, or mobility of public traffic (see Section 12.24.030, Definitions; public traffic). Trees requested for removal due to sidewalk infrastructure damage shall have lower preservation priority when the tree species is known to have invasive root structures that increase the likelihood that damage will recur if the tree is not approved for removal and where trees requested for removal are adjacent to sidewalks with a high volume of pedestrian use and/or with large vertical or slope displacements; g. The requested tree removal is necessary to alleviate a demonstrated and ongoing maintenance burden for the property owner exceeding routine tree maintenance. 2. The city arborist will either approve, conditionally approve, or deny the application for tree health or hazard mitigation based on findings regarding the criteria set forth in subsection (E)(1) of this section. The city arborist’s determination under this section is appealable to the tree committee pursuant to Section 12.24.180. The tree committee’s decision also shall be based on findings regarding the criteria set forth in subsection (E)(1) of this section. Ch. 12.24 Tree Regulations | San Luis Obispo Municipal Code Page 7 of 17 The San Luis Obispo Municipal Code is current through Ordinance 1672, and legislation passed through December 3, 2019. 3. Tree removal requests based on property owner convenience shall be subject to tree committee review in accordance with the process set forth in subsection (F)(2) of this section, the relevant additional application requirements set forth in subsection (D)(2) of this section, and the criteria set forth in subsection G of this section. 4. All other tree removals not specified in this section on any site for which a ministerial development permit is sought shall be subject to tree committee or other discretionary review related to the discretionary development permit requested and approval in accordance with the additional application requirements set forth in subsection (D)(2) of this section, process set forth in subsection F of this section, and criteria set forth in subsection G of this section. F. Process for Tree Removals Related to Ministerial or Discretionary Property Development Permits (Including Construction for Disabled Access). 1. For tree removal requests related to ministerial development permits for the construction of single-family residences or accessory structures on R-1 or R-2 lots, or for improvements necessary to accommodate access for a disabled resident of the property (“minor ministerial development permits”), the city arborist shall review the application, investigate the site, examine the tree or trees in question, review the compensatory planting plan, and either approve, conditionally approve (with additional compensatory planting requirements or tree protection measures), or deny the tree removal request(s), based on the criteria set forth in subsection G of this section, subject to appeal as set forth in Section 12.24.180. 2. For all tree removal requests related to ministerial development permits, other than as specified in subsection (F)(1) of this section, the tree committee shall review and make a recommendation on the tree removal application to the community development director based on the criteria in subsections G and J of this section. The director shall consider the recommendation of the tree committee, as well as the consistency of the tree removal application with other city development policies and standards applicable to the site, and shall either approve, conditionally approve or deny the tree removal request, subject to appeal as set forth in Section 12.24.180. 3. For any tree removal request related to any discretionary development permit application subject to director action/director hearing/minor and moderate development review/minor use permit/minor subdivision processes, city arborist shall review the tree removal application and make a recommendation on the tree removal application to the authorized approving authority based on the criteria set forth in subsections G and J of this section. The authorized approving authority shall consider the arborist’s recommendation in addition to the complete development application’s compliance with other applicable city development policies, codes and standards and shall either approve, conditionally approve or deny the tree removal as a part of the final discretionary approval, subject to otherwise applicable appeal processes for the development entitlement. 4. For any tree removal request related to any discretionary development permit application subject to major development review/tentative tract map/conditional use permit processes, the tree committee shall review and make a recommendation on the tree removal application to the authorized approving authority based on the criteria set forth in subsections G and J of this section. The authorized approving authority shall Ch. 12.24 Tree Regulations | San Luis Obispo Municipal Code Page 8 of 17 The San Luis Obispo Municipal Code is current through Ordinance 1672, and legislation passed through December 3, 2019. consider the tree committee’s recommendation in addition to the complete development application’s compliance with other applicable city development policies, codes and standards and shall either approve, conditionally approve or deny the tree removal as a part of the final discretionary approval, subject to otherwise applicable appeal processes for the development entitlement. 5. During property development or construction, any tree that is requested to be removed that was not identified and approved for removal by the authorized approving authority shall return to the authorized approving authority for approval prior to removal. 6. For tree removal requests related to a ministerial development permit, under subsection (F)(1) or (F)(2) of this section, where the approving authority for the development permit is the chief building official, the ministerial development permit application shall not be deemed complete and the chief building official shall not issue any construction permit unless any necessary tree removal permit has been approved and the time for appeal has expired. G. Criteria for Construction Related Tree Removal Recommendation. Recommendations and determinations of the city arborist and the tree committee regarding any tree removal requests pursuant to subsection F of this section shall be based upon the criteria in this section. Tree removal recommendations shall be based on the following criteria: 1. Size of Tree. The scale of the tree shall be considered, as well as the size of the tree’s canopy. Larger, more visually prominent trees may have a higher preservation priority than smaller, less visually prominent trees; 2. Location of Tree on Private Property. The location of the tree on private property shall be considered. Trees located in a private rear yard, which are not highly visible from the public right-of-way, may have a lower preservation priority than trees with a high visual impact to the neighborhood; 3. Species of Tree. Native trees shall have a higher preservation priority than non-native trees; 4. Forestry Best Practice. The number of healthy trees that a given parcel of land will support shall be considered, and whether removal would enhance the health or survival of remaining trees. Applications that increase biodiversity of native trees and tree age distribution within a given area are preferred; 5. Public Right-of-Way Obstruction or Displacement. Street trees requested for removal due to obstruction of vision, access, mobility of public traffic or sidewalk infrastructure repair or replacement shall have a lower preservation priority when the tree species is known to have invasive root structure or other characteristics that increase the likelihood that damage is likely to reoccur if not authorized for removal. Trees adjacent to sidewalks with a high volume of pedestrian use with large vertical or slope displacements may have a lower preservation priority; 6. Compliance with Subsection J of This Section Regarding Compensatory Plantings. The approving authority may consider an application proposal to provide compensatory plantings in excess of required minimums in evaluating this criterion; Ch. 12.24 Tree Regulations | San Luis Obispo Municipal Code Page 9 of 17 The San Luis Obispo Municipal Code is current through Ordinance 1672, and legislation passed through December 3, 2019. 7. Heritage Trees. A tree which has been designated a heritage tree is prohibited from removal unless the city arborist authorizes a tree removal upon finding that a tree removal would be related to tree health or hazard mitigation as outlined in subsection (E)(1) of this section. Heritage trees have the highest preservation priority. H. Tree Removal by the City. 1. Tree removal requests for any city project must follow the same procedures as any property owner. 2. After receiving approval to remove a tree as part of a capital improvement project, the city shall replace the tree as soon as feasible during the project at a ratio determined by the public works director. I. 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 on the property on which the tree removal is requested, visible from a public right-of-way, for a period not less than five days before either staff consideration of a tree removal permit or the approval of a ministerial or discretionary development permit. 2. The public works director may waive application and notification requirements for a tree removal and immediately permit removal when the director determines that a tree’s condition threatens public health, safety or welfare such that an application and notice are not feasible. The owner of the property on which such a removal is requested shall produce sufficient proof to the director’s satisfaction that a notice and an application are not feasible. Removals authorized under this section are not appealable. J. Compensatory Tree Planting. Tree removals authorized under subsection E or F of this section shall be compensated by planting a minimum of one new tree for each tree authorized to be removed when planted on the same property (on site) or two new trees for each tree authorized to be removed when planted on a different property or within the public right-of-way (off site). In approving an application for tree removal, the authorized approving authority shall require compensatory plantings of a size consistent with city engineering standards as set forth in the table below: Container Size Trunk Diameter (inches) 15-gallon 0.75" to 1.5" 24-inch box 1.5" to 2.5" 36-inch box 2.5" to 3.5" 48-inch box 3.5" to 4.5" The authorized approving authority may require subsequent compensatory tree plantings in the event that the original replacement plantings fail to establish and/or may require a bond ensuring that replacement trees shall be planted and maintained. Ch. 12.24 Tree Regulations | San Luis Obispo Municipal Code Page 10 of 17 The San Luis Obispo Municipal Code is current through Ordinance 1672, and legislation passed through December 3, 2019. K. Expiration of Appeals. Decisions on tree removal by authorized approving authority shall be subject to appeal according to the appeal provisions of this code, and no removal or related development permit shall be issued until the appeal period has lapsed. L. City Street and Sidewalk Maintenance Program. 1. The city has a program whereby staff evaluates and repairs sidewalks and streets on a predetermined schedule. When the city determines a street tree must be removed to repair the sidewalk, the city will pay all costs to repair sidewalk, curb, and gutter, remove the tree and plant a new tree. 2. If a property owner wishes to remove a street tree and repair hardscape damage outside of regular city maintenance and replacement schedules they may do so at their own expense, if the removal is approved in compliance with subsection E or F of this section. The property owner shall pay for the necessary hardscape repairs and be required to plant and maintain a new tree as a condition of their approved tree removal, either in the same location or in another more suitable location. (Ord. 1664 § 3 (Exh. A), 2019) 12.24.100 Control of trees and shrubs for protection of public safety. 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 and shall at all times ensure that no tree, shrub or other plant for which the property owner bears responsibility is maintained so as to create a dangerous condition of public property. Hazards shall include, but not be limited to, branches hanging over sidewalks and shrubbery growing into the right-of-way which interferes with passage or visibility. B. The city will notify property owners of known hazards by posting abatement notices according to the Streets and Highways Code, Improvement Act of 1911, Sections 5610 through 5618, or as subsequently amended. 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 of the city tree crew or for a contractor to do the work. Any removal and trimming costs shall become a lien on the property if not paid by the property owner after being billed by the city. These costs shall be recorded with the county recorder’s office. The assessment may be collected by court action. D. To the fullest extent permitted by law, the property owner shall bear responsibility for injuries to and shall be responsible for any liability caused by or resulting from the property owner’s negligent failure to maintain or repair any tree, shrub or plant growth as required by this chapter. E. In case of emergency caused by a tree in a hazardous condition, the tree may be removed by order of the director. F. Emergency Tree Services. The city may 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. 1544 § 1 (part), 2010) Ch. 12.24 Tree Regulations | San Luis Obispo Municipal Code Page 11 of 17 The San Luis Obispo Municipal Code is current through Ordinance 1672, and legislation passed through December 3, 2019. 12.24.110 Street tree maintenance. A. Street trees will be pruned and sprayed 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. B. The city’s pruning of street trees shall not relieve property owners of their responsibility to prevent hazards as required in Section 12.24.100, and to complete all other interim maintenance. C. The city will maintain all street trees in the downtown commercial area and on major streets. (Ord. 1544 § 1 (part), 2010) 12.24.120 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 practices, as specified by International Society of Arboriculture Western Chapter pruning standards. 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. 1544 § 1 (part), 2010) 12.24.130 Tree service contractors. A. Any tree service provider doing business in the city of San Luis Obispo must have the appropriate contractor’s license, city business license, and at least one currently certified ISA arborist on its staff overseeing any work done in the city. This arborist must oversee all pruning work and certify that all work meets the city’s pruning specifications. B. All tree trimming work must conform to Western Chapter of the International Society of Arboriculture pruning standards, OSHA safety regulations and ANSI standards. C. Any tree work involving staging in the right-of-way requires an encroachment permit. (Ord. 1544 § 1 (part), 2010) Ch. 12.24 Tree Regulations | San Luis Obispo Municipal Code Page 12 of 17 The San Luis Obispo Municipal Code is current through Ordinance 1672, and legislation passed through December 3, 2019. 12.24.140 Responsibility for repairing tree damage to curbs, gutters and sidewalks. A. When roots of a street tree 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. Work will be undertaken in accordance with Section 12.24.090(K). B. When roots of a tree, other than a street tree, 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 installs new sidewalks, curb 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 city to remove any trees. Any trees so removed shall be replaced at the city’s expense with acceptable trees from the master tree list. D. When a property owner installs or repairs sidewalk, curb or driveway approach, the property owner shall seek alternative options to preserve desirable trees. When trees must be removed, removal 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 in a location approved by the city arborist. (Ord. 1544 § 1 (part), 2010) 12.24.150 Protection of trees. A. No person shall: 1. Trim, prune or cut any tree unless such work conforms 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. 2. Interfere, or cause any other person to interfere, with employees of the city who are engaged in planting, maintaining, treating or removing any tree or removing any material detrimental to the tree. 3. Willfully injure, disfigure or intentionally destroy by any means any tree, except with permits described elsewhere in this chapter. 4. Construct 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. 5. Place building material, equipment or other harmful substance near any tree, which might cause injury to the tree. 6. Post any sign on any tree, tree-stake or guard, or fasten any guy wire, cable or rope to any tree, tree-stake or guard, except when said activity relates to slack lining (the act of balancing and tight rope style walking on a suspended line) and is conducted in an area designated by city council resolution for slack lining. Ch. 12.24 Tree Regulations | San Luis Obispo Municipal Code Page 13 of 17 The San Luis Obispo Municipal Code is current through Ordinance 1672, and legislation passed through December 3, 2019. 7. Plant any street tree except according to policies, regulations and specifications established pursuant to this chapter or any currently applicable ordinances or code sections. B. 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. C. It shall be unlawful for a property owner to maintain a tree or shrubbery hazard as described in Section 12.24.100 and identified by city inspection. D. Any tree required to be planted must be maintained in good health or replaced by the property owner. E. Any person or contractor deemed responsible for damaging any tree in violation of this chapter shall be liable for penalties to the city according to Section 12.24.170, Enforcement. F. Slacklining shall be allowed in city parks, but not in city open space areas, as follows: 1. For the purposes of this section the following are not considered city parks and slacklining is therefore prohibited in them: a. Community gardens; b. Damon-Garcia Sports Fields; c. Historic Jack House and Gardens; d. Laguna Lake Golf Course; e. Mission Plaza; f. All open space areas; g. All mini parks. 2. At all times slacklining shall require the following tree protections: a. Protection shall be placed between slackline and tree of sufficient thickness to protect the tree from wear damage (e.g., carpet, cardboard, towels, felt padding, etc.). b. Protection shall be at least ten inches wide so the entire anchor (minimum one inch of material) is prevented from contacting the tree. c. Protection shall wrap all the way around the tree. d. Protection shall not be attached to the “anchor” (i.e., knotted portion), so if the anchor were to move, the bark would not be affected. e. All anchors shall be attached in a manner so that the slackline is no more than four feet above the ground when in use. 3. Slacklines shall not: Ch. 12.24 Tree Regulations | San Luis Obispo Municipal Code Page 14 of 17 The San Luis Obispo Municipal Code is current through Ordinance 1672, and legislation passed through December 3, 2019. a. Be attached to trees less than twelve inches in diameter at attach point. b. Cross walkways, sidewalks, bike paths, streams, or drainage areas. c. Interfere or displace any existing activities planned for or occurring in parks. d. Be left unattended or remain affixed to any tree overnight. e. Be attached to trees adjacent to group activity areas, picnic areas, and or play equipment. f. Be attached between anything other than trees. 4. Slacklining shall be allowed only during daylight hours and lines shall at all times when affixed to any city tree be designated with ribbons or streamers attached thereto for visibility. (Ord. 1596 § 1, 2014; Ord. 1544 § 1 (part), 2010) 12.24.160 Heritage trees. A. 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. B. Any healthy tree within the city limits may be proposed as a heritage tree. The city arborist and tree committee review each proposed heritage tree and, with the owner’s consent, recommend suitable candidates to the city council for official designation as heritage trees. C. The city shall protect and maintain all designated heritage trees. Heritage trees shall be pruned according to a schedule developed and approved by the public works director. All interim maintenance shall be the responsibility of the property owner. (Ord. 1544 § 1 (part), 2010) 12.24.170 Enforcement. The public works department shall be responsible for enforcement of this chapter. A. Any person deemed responsible for damaging a tree, failing to plant trees required as a condition of a tree removal or other permit, or removing a tree without a permit as described in this chapter shall be liable for civil penalties to the city. 1. The civil penalties shall be the value of the tree times two, plus all staff costs related to the illegal tree removal or tree damage. The city arborist will compute the value of the tree using methods established by the International Society of Arboriculture. 2. The property owner shall also be held responsible for damaging or removing a tree on the owner’s property without a permit as described in this chapter and be liable for additional civil penalties to the city as described in subsection (A)(1) of this section. Ch. 12.24 Tree Regulations | San Luis Obispo Municipal Code Page 15 of 17 The San Luis Obispo Municipal Code is current through Ordinance 1672, and legislation passed through December 3, 2019. 3. If the tree removal or damaged tree is related to any development or subdivision then the civil penalties shall be the value of the tree times four, plus all related staff costs. 4. In addition to civil penalties the property owner will be required to plant up to three trees under the direction of the city arborist. The size of the tree shall be determined by the city arborist and may be up to a forty-eight-inch box tree. 5. For damaged trees, in addition to civil penalties, the property owner will be required to obtain the services of an ISA certified arborist to determine the future viability of the tree and, if salvageable, create a maintenance plan to restore the tree. 6. The city council may adopt, by resolution, alternate civil damage amounts to be assessed against any person deemed responsible for damaging, harming or removing a tree without a permit. (Ord. 1589 § 2, 2013: Ord. 1544 § 1 (part), 2010) 12.24.180 Appeals. A. Any person aggrieved by an act or determination of the authorized approving authority exercising the authority herein granted shall have the right to appeal the decision of the authorized approving authority as set forth in this section. B. Appeals received by the city clerk within ten calendar days from the date of determination or act shall cause the director to withhold tree removal permits and any permits for construction or demolition activity relying on the subject tree removal until the appeal is heard and a decision is reached. REMOVAL APPLICATION TYPE DECISION MAKER APPEAL BODY Imminent Hazard to Life or Property Section 12.24.090(E)(1)(a) City Arborist No Appeal Tree Health and Hazard Mitigation Section 12.24.090(E) City Arborist Tree Committee Minor Ministerial Development Permit (removal for residential or accessory construction on an R-1 or R-2 lot) Section 12.24.090(F)(1) City Arborist Community Development Director Ministerial Development Permits Section 12.24.090(F)(2) Community Development Director City Council Discretionary Permits (Director Action/Director Hearing/Minor and Community Development Director or Hearing Officer Planning Commission Ch. 12.24 Tree Regulations | San Luis Obispo Municipal Code Page 16 of 17 The San Luis Obispo Municipal Code is current through Ordinance 1672, and legislation passed through December 3, 2019. The San Luis Obispo Municipal Code is current through Ordinance 1672, and legislation passed through December 3, 2019. Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. City Website: www.slocity.org City Telephone: (805) 781-7100 Code Publishing Company REMOVAL APPLICATION TYPE DECISION MAKER APPEAL BODY Moderate Development Review/ Minor Use Permit/Minor Subdivision) Section 12.24.090(F)(3) Major Development Review/ Tentative Tract Map/Conditional Use Permit Section 12.24.090(F)(4) Planning Commission City Council (Ord. 1664 § 4 (Exh. B), 2019) 12.24.190 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. 1544 § 1 (part), 2010) Ch. 12.24 Tree Regulations | San Luis Obispo Municipal Code Page 17 of 17 The San Luis Obispo Municipal Code is current through Ordinance 1672, and legislation passed through December 3, 2019.