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Home My WebLink About08/15/1989, 6 - AMENDED TREE REGULATIONS MEETING DATE: 4111quF11ll Cit/ of San Luis oBispo Au ust 15 1989 ul 46 COUNCIL AGENDA REPORT R9N NUMBER: FROM: David F. Romero; Public Works Director PREPARED BY: David Elliott, Administrative Analyst SUBJECT: Amended Tree Regulations CAO RECOMMENDATION Introduce and pass to print the ordinance amending the tree regulations codified in chapter 12.24 of the municipal code. BACKGROUND The attached document, titled Background: The Urban Forest in San Luis Obispo, summarizes policies, programs and directions regarding trees under city control. The public works department proposes several changes to the tree regulations codified in chap- ter 12.24 of the municipal code. Some of the proposed changes merely correct awkward or ambig- uous passages. Other changes shift policy to address problems with planting, maintaining and preserving trees in the city. The following five subsections of this report summarize the major changes proposed. Street Tree Maintenance Responsibility Section 12.24.060.13 now requires the city to maintain street trees in the downtown and along major streets. In other areas it requires property owners to maintain the street trees adja- cent to their property. The proposed ordinance deletes this section and adds section 12.24.120 (page 19) which assigns the same maintenance responsibilities but allows the city to prune street trees throughout the city to ensure healthy and attractive growth. In general the existing policy has failed to encourage healthy, attractive tree.growth or to reduce hazards from falling limbs and sight obstructions in areas not maintained by the city. Despite the city's efforts to notify and educate property owners and occupants, either they've failed to prune their trees when necessary or they've pruned their trees incorrectly. This improper maintenance has stunted growth, introduced disease, and disfigured or occasionally killed trees. The city adopted section 12.24.060.13 as a cost-saving measure. City crews could not keep up with the maintenance needed for all city street trees, and hiring more tree trimmers seemed too costly. During 1988-89, the trees program conducted a pilot activity to prune by contract about 1/5 of the street trees not maintained by city workers. This trial was a resounding and cost-effective success, with the contractor restoring healthy growth patterns and eliminating hazards under minimum supervision. With council budget authorization the trees program plans to continue this rehabilitative pruning in 1989-91 but needs the changes included in section 12.24.120 of the proposed ordinance to allow such work. Tree Maintenance by Public Utilities �. Section 12.24.140.B (page 22) of the proposed ordinance requires public utilities to observe good arboricultural practices when pruning trees next to utility fixtures like overhead City Of San luiS OBISPO Mige COUNCIL AGENOA REPORT Amended Tree Regulations page 2 -' wires. Also, section 12.24.140.0 (page 22) states that when a public utility must prune more than 10 percent of a tree's canopy or when there are energized utility lines nearby, the util- ity must completely prune the entire tree. These changes should prevent public utilities from disfiguring trees and protect city workers and contractors from hazardous situations. Tree Removal Section 12.24.180 (pages 24-29) of the proposed ordinance establishes six new stipulations for removing trees: 1. Removing any tree as part of property development requires permission from the city (section 12.24.180.D.1 - page 27). 2. When not related to property development, removing a tree in all zones except the R-1 and R-2 zones requires a permit (section 12.24.180.C.1 page 25). 3. When not related to property development, removing a tree in the R-1 and R-2 zones requires a permit if the tree is a) a native species or b) over 12 inches in diameter or c) within 25 feet of a creek bank or d) on a vacant/underdeveloped lot (section 12.24.180.C.2 - pages 25-26). 4. The city may require planting replacement trees (section 12.24.180.G - page 29). 5. Removing a tree requires public notification by posting signs on the property (section 12.24.180.F.1 - pages 28-29). 6. On city projects requiring tree removal, the city must replace the trees as soon as feasi- ble during the project (section 12.24.180.E.1 - page 28). Section 12.24.180.D.2 (pages 27-28) formally establishes the current review procedures (now unwritten) when tree removal is requested as part of property development. Conflicts between the recommendations of the city arborist and the architectural review commission will be reviewed by the tree committee and the city council. Qualifications of Tree Service Contractors Section 12.24.160 (page 24) of the proposed ordinance requires that contractors hired to per- form city-mandated tree pruning must have an arborist certified by the International Society of Arboriculture. This provision should ensure that street tree pruning conforms to good arboricultural practice and city specifications. Planting Street Trees in the Sidewalk Area Section 12.24.100.A (page 15) of the proposed ordinance obligates the city to pay for addi- tional costs needed to plant trees in the sidewalk rather than behind it when street trees are planted in the R-I and R-2 zones. Street trees are most attractive when placed as close to the street as possible, and this provision would encourage such placement. FINANCIAL EFFECTS Nothing in the proposed ordinance itself would impose additional significant costs on the city. Pruning in areas outside the downtown or major streets would have to be approved during j budget review. (After major rehabilitative pruning work in 1989-91, trimming street trees in areas outside the downtown or major streets would cost about $30,000 to $50,000 a year.) Q111!PAt city of san tins ompo COUNCIL AGENDA REPORT Amended Tree Regulations page 3 Additional review and inspection of tree removals would take more staff time, but no new regular or temporary positions would be required. Minor additional costs would be incurred to pay for locating street trees in, rather than behind, sidewalks. Requiring more extensive pruning would cost public utilities more money. Requiring certified arborists on the staffs of pruning contractors might restrict .competition and raise contract pruning prices. CONCURRENCES The tree committee, the architectural review commission and the community development depart- ment have actively reviewed the changes included in the proposed ordinance. In fact, the tree committee and architectural review commission suggested the major changes regarding street tree pruning in outlying areas and tree removals. When the community development director reviewed the proposed changes for environmental effect in January 1989, he granted a negative declaration. STAFF RECOMMENDATION Introduce and pass to print the ordinance amending the tree regulations codified in chapter 1224 of the municipal code. i I attach: Background: The Urban Forest in San Luis Obispo draft legislative ordinance i I I BACKGROUND THE URBAN FOREST IN SAN LUIS OBISPO CONTENTS 1 INTRODUCTION 2 EXISTING POLICIES 2.1 Tree Regulations Ordinances 2.2 Master Tree List 2.3 Tree Planting Plan 2.4 Tree Planting and Maintenance Standards 2.5 Heritage Trees 2.6 Trees Committee 2.7 Lagune Lake Park Commemorative Grove 3 TREES PROGRAM 3.1 Purpose 3.2 Ongoing Activities 3.3 Staffing 3.4 Equipment 3.5 Contract Tree Pruning Trial 3.6 Operating Costs 4 DIRECTIONS 4.1 Overall Goal 4.2 General Program Targets 4.3 Problems to Address 4.3.1 Improper Pruning of Street Trees by Property Owners 4.32 Improper Pruning of Trees by Contractors and Public Utilities 4.3.3 Antagonism of Property Owners Toward the City 4.3.4 Unnecessary Removal of Valuable Trees 4.3.5 Need for an Assertive Tree Planting Plan 4.3.6 Need for a Comprehensive Tree Inventory i 1 I INTRODUCTION The urban forest is a fundamental part of what makes the city a pleasant place to live, work and visit. It beautifies the city by softening the hard edges of the built environment and screening noise and unsightliness. It moderates climate by shielding the sun and wind. It purges the air by filtering harmful chemicals. It stabilizes the soil by preventing ero- sion. It shelters wildlife. And because of all these benefits, it enhances property value. Although no one has precisely defined the extent of the urban forest in San Luis Obispo, there are about 17,500 trees under city control, including street trees and trees in public open spaces like parks. Using standards established by the International Society of Arboriculture, the city arborist has appraised the economic value of trees under city control at over $16 million. This report briefly outlines the policies, programs and directions for the urban forest in San Luis Obispo in effect when the report was prepared during July 1989, before the city council considered significant proposed policy changes. i i C 2 EXISTING POLICIES 2.1 TREE REGULATIONS ORDINANCES Ordinances 890 (1981) and 895 (1981) (together called the tree regulations ordinance and codi- fied as chapter 12.24 of the municipal code) reaffirmed the city's intent "to line its streets with trees ... provide a consistent and adequate program for maintenance and preservation ... provide for the planting of trees in all areas of the city and for the selection of appropri- ate species ..." These ordinances: o authorize the public works department to execute tree policy o call for establishment of a master tree list o call for establishment of a tree planting plan o call for establishment of tree planting and maintenance standards o authorize city crews to maintain street trees in the downtown and along major streets o require property owners or occupants to maintain street trees adjacent to their property o authorize the city to share with property owners half the cost of planting street trees adjacent to their property o regulate removal of street trees or trees on undeveloped property o define "heritage trees" and regulate their preservation o require tree planting as a condition of subdivision or contruction permit approval o regulate the abatement of hazardous plantings o require the city to repair curbs, gutters, sidewalks and driveway ramps damaged by street trees 2.2 MASTER TREE LIST By motion in 1984, the city council adopted the master tree list, which approves: 0 35 species for street trees in general 0 6 species for street trees in the downtown area o various species for street trees along major streets 2.3 TREE PLANTING PLAN Although the city has never formally adopted an overall tree planting plan for the entire city area, it has over the years approved various street tree planting projects and designated planting plans for individual development projects. Through these efforts; the city has planted trees at suitable spacing throughout the downtown and along all major streets. C- G-� 2.4 TREE PLANTING AND MAINTENANCE STANDARDS Resolution 4534 (1981) established standards for planting and maintaining street trees_ in subdivisions and building projects. This resolution: o specifies thesize, number, genus/species, location, spacing and condition trees o specifies methods of excavation, soil amendment, planting and backfilling o specifies a schedule and procedure for watering, fertilizing, spraying and repairing newly planted trees so they can establish themselves 2.5 HERITAGE TREES Section 12.24.020.B of the tree regulations defines a Heritage Tree as "a tree of notable historic interest or association, or of high value, type or size." Section 12.24.070.F pro- vides for protection of Heritage Trees by closely regulating care and removal and by requiring that the Heritage Tree designation be recorded with the county recorder. 2.6 TREE COMMITTEE Established in 1977, the tree committee consists of five citizens appointed by the city coun- cil to advise the council and staff on tree policies and regulations. This committee prepares the master tree list and tree planting plan and hears citizen appeals of staff decisions regarding trees. 2.7 LAGUNA LAKE PARK COMMEMORATIVE GROVE On Arbor Day 1989, the city dedicated a commemorative tree grove in Laguna Lake Park. In this grove, the city will plant trees donated by citizens who wish to commemorate important events in their lives, such as births, deaths, weddings, anniversaries, etc. Although only rudimen tary improvements and plantings were developed for the dedication ceremonies, a capital im- provement project scheduled for 1990-91 will provide drip irrigation, all-weather paths and windbreak planting. These additions will make more room available for planting anticipated donations. i 3 TREES PROGRAM 3.1 PURPOSE The trees program is organized in the parks and buildings division of public works department to execute adopted policies regarding trees in San Luis Obispo. 3.2 ONGOING ACTIVITIES Tree Maintenance: pruning, watering and fertilizing all trees on city property, pruning, watering and fertilizing all street trees in the downtown commercial area and along major streets, spraying trees as necessary in all areas of the city to control blight or disease, providing tools and advice to property owners required to maintainstreet trees. Hazard Abatement correcting street and sidewalk obstructions caused by shrubbery and trees on city property in the downtown commercial area and along major streets, annually ensuring that property owners correct street and sidewalk obstructions on their property. Planning:. providing staff assistance to the tree committee, reviewing and inspecting land- scape preservation and improvement required for development projects. Tree Planting Education and Promotion: conducting Arbor Day activities and Heritage Tree activities, planting and maintaining the Laguna Lake Park Commemorative Grove. Miscellaneous Activities: hanging banners, setting up Christmas trees and lights. 3.3 STAFFING Regular Full-Time Employees: one Arborist one Tree Trimmer II one Tree Trimmer I Temporary Employees: one City Field Worker II (approximately 1/2, time) two California Conservation Corps interns (approximately full-time - subject to state budget and staffing priorities) 3.4 EQUIPMENT _- Vehicles: one 1988 Chevrolet/Altec aerial lift truck with chip box one 1975 Ford/Asplundh aerial lift truck with chip box (scheduled for replacement) one 1979 Dodge 1-ton flatbed dump truck with chip box (scheduled for replacement) one 1982 Ford 3/4-ton pickup truck one 1959 Dodge water pumper truck (scheduled for replacement) Other Equipment one 1981 FMC brush chipper one 1982 Little David stump grinder one 1988 Littlefield trailer-mounted spray rig one 1986 diesel-powered arrowboard four chainsaws miscellaneous climbing and pruning gear 3.5 CONTRACT TREE PRUNING TRIAL In 1988-89 the city contracted with a private firm to prune about one fifth of the street trees outside of the downtown and off major streets. This trial was a resounding success, with the contractor restoring healthy growth patterns and eliminating hazards under minimum supervision. The level of antagonism between property owners and the city has fallen dramati- cally in the trial area. Through this contract the arborist determined contract specifica- tions precise enough to encourage competitive bidding yet flexible enough to allow field judg- ment without change orders. 3.6 OPERATING COSTS 1983-84 (actual) $145, 644 1984-85 (actual) $158,742 1985-86 (actual) $175,254 1986-87 (actual) $175,832 1987-88 (actual) $151,556 1988-89 (budget) $208, 000 1989-90 (budget) $242,700 AW (o l i 4 DIRECTIONS 4.1 PROGRAM GOAL An attractive, healthy and safe urban forest which beautifies the city, purifies the air and provides shade and wind protection 42 GENERAL PROGRAM TARGETS o Continued beauty, safety and health for all trees o Restored beauty and health for all residential street trees o Street trees on all existing streets o Public appreciation of the urban forest o Continued growth and establishment of the urban forest 4.3 PROBLEMS TO ADDRESS 4.3.1 Improper Pruning of Street Trees.by Property Owners Existing policy requires property owners to prune street trees adjacent to their property. This pruning should encourage attractive, healthy growth and reduce hazards from falling. limbs and sight obstructions. Despite the city's efforts to notify and educate property owners and occupants, they either fail to prune their trees when necessary or prune their trees incor- rectly. The consequences of this improper maintenance include stunted growth, disfigurement, disease and occasionally death. During budget hearings for fiscal year 1989-90, the city council approved continuation of the successful contract pruning of street trees outside the downtown and off major streets. This action should help correct the problem of improper pruning by property owners. 4.32 Improper Pruning of Trees by Contractors and Public Utilities When the city requires tree maintenance, property owners sometimes hire inexperienced tree service contractors unfamiliar with professional arboricultural practices. These contractors often prune trees in a way that establishes poor growth patterns. Requiring these contractors to have an arborist on staff certified by the International Society of Arboriculture would help ensure that needed pruning conforms to good arboricultural practice and city specifica- tions. When public utilities trim trees adjacent to overhead utility wires, their incomplete and —� improper pruning techniques often cause disfigurement and unhealthy growth. To alleviate this problem the city should require that utilities observe good arboricultural practices and prune the entire tree if more the 10 percent of the tree canopy must be pruned to clear wires. 4.3.3 Antagonism of Property Owners Toward the City When faced with the cost and effort required to prune their street.trees, some property owners perceive the city's maintenance policies as unfair over-regulation. Their antagonism esca- lates when they must pay to clean, repair or replace water and sewer laterals clogged by street tree roots. They think that street trees really belong to the public for the public's benefit and that the city should maintain them and correct all tree=related problems, not just sidewalk damage. They also think that the city's maintenance policies amount to a cost-saving dodge. With this resentment, property owners under the best circumstances do the least amount of proper maintenance required. At worst they intentionally damage or even destroy their street trees, setting back establishment and maturity of the urban forest by years. When the city conducted the contract tree pruning trial in 1988-89, the level of antagonism between property owners and the city fell dramatically in the trial area. Continuing the contract pruning should alleviate the antagonism of property owners in other parts of the city. i 4.3.4 Unnecessary Removal of Valuable Trees Outside of property development, the city now regulates tree removals only for trees on unde- veloped property or within street rights of way. The city regulates trees removals associated with property development only when that development is reviewed by the architectural review commission. Under these policies, property owners have legally removed several valuable trees which will take decades to replace. The following amendments to the tree regulations would help prevent unnecessary tree removal or mitigate approved tree removal: o requiring city permission to remove any tree as part of property development o requiring city permission to remove a tree in any zone except the R-1 and R-2 zones o requiring city permission to remove a tree in the R-1 and R-2 zones if the tree is a valu- able species or over a certain size or near a creek o requiring that replacement trees be planted o requiring public notice by posting signs when a tree may be removed o requiring the city to replace trees early when trees must be removed for improvement pro- jects. 4.3.5 Need for an Assertive Tree Planting Plan Lining the existing streets of San Luis Obispo with trees at an average interval of 35 feet would take 33,000 trees. The city and property owners together have planted about half the trees needed to line all existing city streets and have completed the planting required in the downtown and along major streets. 40 �! ! r� i _J The only systematic plan to plant more street trees is the policy authorizing the city to share with property owners half the cost of planting new street trees adjacent to their proper- ty. Through this policy, property owners petition the city to plant 10-15 trees each year. Without a more assertive tree. planting plan, though, the city can never realize the full benefits of a complete urban forest. To plant more trees on existing streets the city should a) more actively promote the cost sharing policy or b) budget money for tree planting each year in the capital improvement plan. 4.3.6 Need for a Comprehensive Tree Inventory Tree maintenance techniques and intervals vary depending on the species, size and condition of the trees. While young trees may need heavy pruning every year to establish form and encour- age vigorous growth, mature trees may only need trimming every four or five years to remove unwanted growth. Because the city does not have a complete and comprehensive inventory of the approximately 17,500 trees under its control, assessing maintenance needs and scheduling main- tenance activities are cumbersome and time-consuming. Writing tight specifications for prun- ing contracts (to ensure competitive bidding and reasonable prices) is also difficult. During budget hearings for 1989-90, the city council approved an objective for the trees pro- gram to prepare a comprehensive tree inventory. �1 � i ORDINANCE NO. (1989 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING TITLE 12, CHAPTER 12.24 OF THE MUNICIPAL CODE (TREE REGULATIONS) BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Title 12, Chapter 12.24 of the San .Luis Obispo Municipal Code is amended to read as follows: "Chapter 12.24 TREE REGULATIONS Sections: 12.24.010 Purpose and intent. 12.24 .020 Tree committee. --1 12 .24 .030 Definitions. / 12.24 .040 Enforcement. 12 . 24 . 050 Master street tree list. 12 . 24 . 060 Street tree planting plan. 12 .24 .070 Residential street tree planting plans. 12.24.080 Street tree planting and maintenance standards. G -/3 Ordinance No. (1989 Series) Page 2 12.24.090 Street tree slanting 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. =•//f/��1��ZY/�T�P�f�X`I�/�'f��1�At��X}��xXXY 12.24 . 150 responsibilities for repairing tree Ca,-..__ 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.. ordinance No. (1989 Series) Page 3 12.24.200 AMeals. 12,24.210 No liability -upon the city. 12.24.010 Purpose and intent. A. XX,/Xo/y1¢¢XAtffiji/y-pijitly-lhe public interest and welfare required that the city establish, adopt and maintain a comprehensive program for p.to !¢"A,ti¢A/oX installing, maintaining and Preserving trees within the City of San Luis Obispo. B. This chapter establishes idt0YiA¢¢ 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 pre- serve trees with historic or unusual valued/¢¢¢J¢¢X/X¢/Xh¢ C. it is the policy of the c: line its streets with trees and to ptj6y,!AA conduct a c•.n:: i_ - tent and adequate program for Agog maintaining and preserving these trees. This policy pro- vides for Y_pi¢ planting 36X trees in all areas of the city, and for Xyi¢/p!¢X¢¢jtfjdpi/¢X selecting appropriate species to achieve as much beauty and economy Ordinance No. (1989 Series) Page 4 as Possible. it is also theop licy of the city to protect sig- nificant 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. 12.24.020 Tree committee. A. The tree committee shale- act as an advisory body to the director and the city council on all matters related to trees in San Luis Obisno. B. The tree committee shall have five members who shall serve fourvear terms which shall be staacered.. zx,�x�z�x� ��xXnXxX�n�z 12 .24 . 030 Definitions. The following words and phrases used in this unless a different meaning is clearly required by the shall have the following meanings: A. "Director" means the gX)tgotSt/¢X public gg"X¢¢¢ works director or his designated representative. B. "Heritage Tree" means any tree existing within the city limits which has been so designated ¢$/A)d¢pi by resolution of the citv council. )d¢/¢ Heritage treesshallbe trees ¢X with notable historic Ordinance No. (1989 Series) Page 5 interest or trees of y(.f0)I1 ►¢X)t¢/,:Y¢¢ an unusual species or 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. ¢Y_YXjd area" means the area available for planting either within the street right of. way and designated tree easements or within five feet of any street right of way or alley. F. "Public utility" means any company doing business as a public utility under the Jurisdiction of the Public Utili- ties Commission of the State of California and any duly constituted public agency authorized to provide and mro•.i utility service. yq_- "Street tree" means any tree within the Planting area. JOR-. "Tree" means any perennial woody plant ¢p(j(X'7(¢)?¢;tXx¢¢/)6Y having a )9X)4¢.1¢ trunk ¢X at least three inches in diameter at a height ¢X 4 1/2 feet above the eel 1 Ordinance No. (1989 Series) Page 6 _ This definition shall j(x¢¢ include any treeplanted by-. or recuired to be Rlanted by the city )6)At/)ij[¢/pi¢X/Y¢X which_ will attaingd the stated size at maturity. R< Y1�t�s� YX¢1� R/SRX¢OXY/SRR/CRY/1�X`�1� Yi!Y/¢X/I�RXX �sri At 12.,24 .040 zxzzxz�z� . RRX9�X¢XR�/�Ri�R�XXi�Y/ 12:24 .040 Enforcement. The pI¢¢A)'XRd¢RX/¢X public $¢"�¢¢A works department shall be responsible for enforcement of this chapter. /-16001E , . � Y��RRI//SR¢R/R/R�¢XRX�sR/�►�Y/l��/�1�1��X�R/X�/XRT/XYs��/¢R�XXXr��,� Cp �C� I Ordinance No. (1989 Series) 'I Page 7 12.24.050 Faster street tree list. The tree committee, with the assistance of the public jdAX` Ajt0$ works and community development departments, shall develop and maintain 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. This document shall specify the XY6¢%/A$A species of trees suitable and desirable for r planting in certain areas/ yid/X�¢/¢¢Y►¢ XX¢�#/�X¢¢X`/ �X¢�/XX¢}� ��/zx-��/z�z�/z�/z�z�/z�/z��z�z�¢n/�z/xx�/¢��n¢zx• 12 .24 . 060 Street tree planting plan. The tree committee, with the assistance of the X¢ iX¢¢X works and community development departments shall ommend 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. This document shall set forth the Xyl6¢.0 species of street trees to be planted in different areas of the city and X¢¢fj*jdjigl shall include a schedule for street Ordinance No. (1989 Series) C. Page 8 tree planting. 12.24.070 Residential street tree planting Plans. A. The city arborist, with direction from the tree committee. the architectural review commission. or the city__ council, may designate specific street tree plantina Plans for certain residential neighborhoods or blocks, which specify the sRecies and locations for trees to be Planted in those neighbor- hoods or blocks. The director, the tree committee or the archi- tectural review commission must approve any deviations from these residential street tree planting plans. B. Street trees for residential areas without specif- ic tree planting plans must be selected from the master street tree list. 12.24 .080 Street tree Planting and maintenance stars :_:__ A/The public $AP1,I¢AA works and community develop- ment departments, with the approval of the tree committee, shall develop and implement policies and standards for street tree planting and maintenance1 which shall be adopted by resolution of the city council. ordinance No. (1989 Series) Page 9 x�/1��/��t��Y��,!/��Y/x�s��/X��/�riY/R��t�1►�X�1��/��X`��X/�X/�x`��X`xY Ordinance No. (1989 Series) Page 10 ¢�r��x�xr�zr�x�r¢xx�rr��xxr��r��s��r�zx��xrzx�/�zx�xi�xxxx�n �zxx/�nr��x��/zz��,c/�x/zr��/�z��zx�rr�/��r►�x��/�x�2 = - �,� �"�C�L ordinance No. (1989 Series) Page 11 �zzz¢zr�¢�z��x¢�xz�rrz��z�x�r��r�xrz��rzz��zz�rr �zzrz z nzz��cr n�rz� r z� zzz��r�xrznzx � r�zrzx36"/-7., ��z�z�rrrxx�r�xz�zzn�rzz��rznr�rn�x��zx��r�n�zzir=: �xx�x/�xx�z/x�xxzz��/zz��,c/�zr��xxz��rxnr��¢zz�zrxzrx�r�z�z,� ��z��/��rxz��/zz��/�x�Xx/��/��►��/�xrz��/�xz��z/z��r�zz�z Ordinance No. (1989 Series) Page 12 AA A/ APAUJOAP94f zxxx,�x�� xx�¢ix��x�xitix¢xmxxi�x�zx¢�xx��iti��x�x�zn�r�c�r�x ' —= AndiAny 1 ' Ordinance No. (1989 Series) Page 13 136160911160,00,11 Ali �nzxzx�z�r�x,�/zxzxx/xx¢xz��i��zx/zx�x�/��zxx¢�zx�x�/z�/z��/��zzt 4010-x/Az,AzAzAAz/36x z�rz�/�x�/x��¢�/x�x/z��/��¢z///xx/z��/�z��z/�r�zzzz��nxr; �� Ordinance No. (1989 Series) Page 14 12.24.090 Street tree Planting reggirements. Planting street trees may be required as a condi- tion of a use permit- variance or other city entitlement B. Planting ,street trees shall be required as a condition of apbroval for all subdivisions and building permits. The policies and standards for street tree planting and maintenance shall be followed in all instances. Al - �x��z�zxz�n/zx/x�zzx/�xx/�zzz/��x�z-�zx�/��zx�r�xx�zx�xz��rx� xx�r zr �xx�xxxxz��/z/t/x��/xxx�z�zxz�x/ to "�� Ordinance No. (1989 Series) Page 15 zxixx¢ixxx�zzx�z�ni�z�ixx�xxi�xxix�rixx�i��z¢x�x�z,�ixx�ixxz��x xz¢¢�i��xzix¢ixz�xx��ixzz�zix�i�cxnxzi�¢z¢xxxx¢�i�zixx�ix��xzzt xx�z�xxx¢zx x� xxxx�zn�iz�z��x�i,c�xx�zixxxxir��ix��xz�x��xxr� xx¢ixx�xxxr�i�zixxz��xixz��xixx�zzix�iz��xz��i�xi�i¢�x�xxx�xi�x ��zxzx,rizxzz�,�¢�i�zi�xx�ziz�cx�ti�rxzxx��nx� 12 .24. 100 Street tree planting procedures. A. All street trees shall be planted within the plant- ing area. In R-1 and R-2 zones, if the city requires tree plant- ing in the sidewalk instead of behind the sidewalk, the city shall pay for additional costs incurred. B. Before planting, all street trees must be -`.- ed and approved by the city arborist or his designee_ C. Required street trees must be planted completion of each adjacent building and before an release is issued for the adjacent building, unless 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 Ordinance No. (1989 Series) Page 16 four feet can be constructed. Es Property owners shall be responsible for establish- ing and maintaining re;++fired street trees adiacent to their property except as provided elsewhere in this chapter. F. So the city arborist can determine the tree re- auire en s 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 2s note whether existing trees will be retained, re- moved or relocated 3. show proposed utilities driveways, street tree locations and the size and species of proposed street trees. Xf�f'7`�XYY �h y�1�,t�F�(Y.,�{'/,1}�,(7'!'�/-��/dF.�.{Y.�(�y1�1•��X�I-�/!-�/!"��r��i",I r •• . YoX hof•�!`/YY/'X��/��P�I"�!'/-P� 12. 24 . 110 Control of trees and shrubs on public ea _ RXX/��X�X•XY�s�/�X`��/�t��/��X��/��J'-�Xt�/�x�I�XX�/�� "• • - _- ygjjy1,tj6oy AA JAYIA 0A At �x�Xx/��/��/��nx��n��/��r/x��/��n�z/��/xx�/�z��xx�►/��/zr%pz�= A To prevent hazards to the public, property owners Ordinance No. (1989 Series) Page 17 shall maintain all trees shrubs and other plant growth on their prggerty 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 richt of way which interferes with passage. B. The city shall notify property owners of hazards by posting abatement notices according to the Streets and High- ways Code Improvement Act of 1911 Sections 5610-5618.. C. Any tree or shrub growing on private property which in the opinion of the director. endangers Public property shall be removed or trimmed by the property owner within 14 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 10 days notice— Of.-the city council hearing to confirm assessments. Uoor, confirmation of assessments by the city council , remcv_l . trimming costs shall become a lien on the property an=.__:. ;_ resolution assessing these costs shall be recorded ::iti._:. county recorder's office. The assessment may be collecte:i court action. In case of emergency caused by a tree in a hazardous condition the tree may be removed by order of the director. �-a9 Ordinance No. (1989 Series) C' Page 18 X21.2141XXA `�1�¢1`zY/�3X` /�t�zz ��/��X`/1�X�nzM�/ /zt�/7� t z�/¢�nzz��¢z/zzz��z�xY/x�x/xx�/nz�/zz�r�xxn�.�/�z��z��/��;�/r}r• z/1X40A/jdAY10AAAtf/JAplf'OPWAY-11 �O ��0 ordinance No. (19s9 series) - Page 19 12.24.120 street tree maintenance. The city shall maintain street trees in the downtown commercial area and on major streets In all other areas of the city, tree maintenance is the responsibility of the adjacent property owners except that the city may Prune- street trees in these other areas to ensure healthy and attractive growth.- 12 .24 . 130 Protection of trees. AA. No person shall PXAPX,� remove, trim, prune o-- cut rcut any street tree unless such work conforms with all c : - regulations and standards. ¢B. No person shall interfere, or cause a::-. son to interfere, with employees of the city who are enc:. XXA planting, maintaining, treating or removing j6f any street tree or removing any material detrimental to the tree. �C.• . Xis/ / /��X� ��/�R/)!� Fi/ �1i1�)!f� /� X/ }�� No person XO shall willfully injure, disfigure, or intentionally destroy by any means any tree growing within XNA1¢XxyJ/Ayi 0 Ordinance No. (1989 Series) Page 20 11X ¢/ $ zt��t3�7�7t,L/R�}�/1�l�l�XX /1�X`pI�J��`z7t` the planting area or elsewhere within the jurisdiction of this ordinance. except with Permits described elsewhere in this chanter. Xp.�. No person shall: 1. Construct a concrete, asphalt, brick or gravel sidewalk, or otherwise fill up the ground area near any tree, / / zxxiz / ztzz�z�z �z/� rz� /�t� zz ¢ c/� r to shut off air, light or water from the roots, except under writ- ten authority from the public tjdtYgOA% works C_ department/ . 2 . Place building material, equipment or other harm- ful� substance near any tree $A1AA/X36 which might cause injury to the tree XlIdtAzA! 3 . Post any sign on any AXtAgg tree, tree-stat:= guard, or fasten any guy wire, cable or rope to any t.e , tree-stake or guard. YE. Tree-stakes or guards may be placed aroun trees by property owners for the purpose of protecting o- ing the trees, with approval of the director. ¢s No person shall plant any street tree except according to policies, regulations and specifications estab- lished pursuant to this chapter or any currently applicable ordi- nances or code sections. 3� Ordinance No. (1989 Series) Page 21 Xzxx,��/��t/xx��/�x�Xxxxz�x�xxxr��x�x/>�z/xz,�/Xnx�zxxx��zxX/xxx�x G. Any Person deemed responsible for damaging a tree or removina a tree without a permit as described in this ordi- nance shall be liable for damages to the city in an amount equal to the value of the tree Plus city costs incurred to assess damages Tree values shall be established according to evalua- tion standards of the International Society of Arboriculture. H. It shall be unlawful for a Property owner to maintain a tree or shrubbery- hazard as described in Section 12 24 110 of this ordinance and identified by city inspectors. 12 . 24. 140 Tree maintenance by public utilities. A. A public utility )K}d7�/¢¢�S1S�(yi�/yi¢tpi¢J/}5}irXi•: x��x�¢/xz�Xzx�r/��x/xx�/��z�x�x¢xz�n/�x/x��/��xx�¢/;>_�:; : . • . shall }b¢ gAyoyi obtain a permit, issued by the director l and valid for one year from the date of issuance, x-33 '� i ��`P��11�P1F`�/➢��//////////,(X99/►��1"�f��Y in order to maintain trees yd)1A)0) PVA growing adja- cent to utility fixtures or apparatus This permission shall cover¢ trees which encroach upon public streets or which require attention necessary for compliance with public safety regulations. B. When maintaining trees a public utility must _ob- serve good arboricultural practices as specified by Internation- al Society of Arboriculture Western Chapter Pruning Standards and City of San Luis Obisno Safety Pruning Specifications, C. When public utility pruning affects 10 percent or more of a tree's natural canopy or when there are energized util- it lines closer than 10 feet from a tree's main trunk or trunks the public utility shall completely prune the entire tree. 12 . 24. 150 Responsibilities for repairing tree curbs gutters and sidewalks. A. When roots of a treeg planted within the ¢id�XX¢/¢X�`¢f�X/¢X/XpiXt� f� 7t i _ planting area damage city curbs, autte s and sidewalks - � 0 Ordinance No. (1989 Series) Page 23 � (including driveway ramps the city shall remove or root-prune the tree, install root barriers as necessary and replace t)4A damaged concrete. B. When roots of a trees planted outside the planting area damage city curbs, gutters and sidewalks (including driveway ramps) Xpt¢/�d�djdXX¢ X`1� )��!f¢Rf3b �tl the property owner shall be responsible for ,tA)djYAX removing or root-pruning ¢X the treed, installing root barriers where necessary, and replacing damaged concrete. C. It shall be the responsibility of the property own- er to remove, at his own expense, any street tree directly in the way of new sidewalks, curbs, or driveway approaches, unless the tree had been planted with city approval. Any tree so re- moved shall be replaced, at the property owner's expense, an acceptable tree from the master tree list. 7�(•��lyt•��ly-/(/ ��(P/Y�I'�J /"�1 �7�/t/"I �/"//"1y�/a¢!'�/'TJ(�I,/(l'��/ / {�//''�/(i�y�/(Yy.X{Y{�Y{/ //-��7 :,y:�:::��/ �P��FL/I'Y/Y��/�/Y�P��X�//'F��/Y!'Y��/�/1"I�/•F/"Y/"/��)''`�7'�X/� Ordinance No. (1989 Series) Page 24 z�xxz/�x�xz/�x/�zYi�ziz��z¢�zz/z�/¢xzY/z�zz�z�mzzzz,�/x«,�,� 12.24.160 Tree service.-contractors. When the city recruires -tree-prunincii any tree service contractor Performing the work shall have. -on its staff- an arbor- ist certified by the Western Chapter of the International Socie- ty ,of Arboriculture This arborist must oversee all .pruninq_ work and certify that all work meets the city's Pruning specifi- cations. If a certified arborist is not on - the staff of the tree contractor, the city arborist must approve the .tree servi;; contractor -before work begin";.. 12. 24 . 170 Emergency tree services. The citv will brovide on-call -treeservices in emergencies Emergencies include fallen trees and other immedi- ate safety hazards The director shall determine if an emercen- cy exists. i Ordinance No. (1989 Series) Page 25 12.24.180 Tree removes Az The city values trees as an important Part of the environment and shall strive to preserve them whenever Possible and feasible. . At_ Except as otherwise Provided in this chapter re- moving 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-1 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: a. when the tree is one of the following designated native species: (1) Quercus agrifolia (Coast Live Oak) (2) Umbellularia californica (California Laurel) (3) Platanus racemosa (California Sycamore) 11 Juglans californica (Southern California Black Walnut) (5) Salix lasiolepis (Willow) (6)_ Populus trichocarva (Black Cottonwood) (7)_ Heteromeles arbutifolia (California Holly. - Tovon) 1 ordinance No. (1989 Series) Page 26 (8) Acer macrgR4yllum (Bicleaf. Maole) (9) Acer negundo (Box Elder). (10) Seduoia sempervirens (Coast Redwood).- b. when the tree trunk is over 12 inches in diameter at a height 4-1/2 feet from the ground and is visible from any public space c. when the tree is within 25 feet of a creek bank d. when the tree is on a vacant lot or a lot not de- veloped to the maximum allowed density. 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 gronerty development.. the city arborist may authorize a tree removal af- ter finding any of the following circumstances: a. the tree is -a hazard to life or property. and re- moving itis the only feasible way to eliminate the hazard Vj b. the tree is dead or damaged beyond reclamation Ordinance No. (1989 Series) Page 27 -- rs 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 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: a. a plot plan showing thelocation and species of any tree proposed for removal b. a brief statement of the reason for removal QC=_-_ any other pertinent information required_._ 2 .. Review of the application to remove a tree with a J Ordinance No. (1989 Series) Page 28 development hermit shall proceed as follows• The city arborist shall inspect the property and recommend approving or denying the application. b. If no architectural review is reauired 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. Ll If the city arborist has recommended denying the application and the architectural review commission has approved the application, the tree committee shall review the architectur- al ,review commission's decision. (2) If the tree committee concurs with the city -r- borist's recommendation to denv the application when the tectural review commission has approved the application: tno- 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 ublic_improvement prosect the city shall replace the trees as soon as feasible during the project. 2. When the city recruires a tree to be planted in the plantinq area and then later determines that the tree must be removed the city shall pay for removal and replacement. ` C i Ordinance No. (1989 Series) Page 29 F. Notification of tree removal. 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 _ streetL 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_ 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 condi- tion threatens public health, safety or welfare b. when local state or federal authorities have de- clared a state of emergency and a tree's condition threatens lic health, safety or welfare. G. In approving an application for tree removal , tr.;., director the tree committee, the architectural review commis- sion or the city council may require planting replacement trees and may require a bond ensuring that replacement trees shall be planted. If. Expiration of appeals Decisions on tree removal by the director the tree committee and the architectural review commission shall be subjeCtL to appeal according to the appeal provisions of this code and no permit shall be issued until the Ordinance No. (1989 Series) Page 30 appeal period has lapsed. 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 San Luis Obispo's unicue and. temperate climate. The city may officially designate as heritage trees those trees in the community which have significant historical or arboricultural interest. The city shall protect and maintain all designated heritage trees. 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 Of in exercising the authority hereAA granted, shall have the right to appeal to the tree committee, whose decisions are appealable to the city council. Be ,appeals received by the city within 10 days from the date of posting shall cause the public works director to withhold tree removal permits and stop any construction or demo- lition activity affecting the subject tree until the appeal is rte, heard and a decision is reached. #� Ordinance No. (1989 Series) Page 31 Jl 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 his private property or upon sidewalks and planting strips in front of his property. " SECTION 2. A summary of this ordinance, approved by the city attorney, together with the ayes and noes, shall be 1 published at least five days prior to its final passage in the Telegram-Tribune, a newspaper published and circulated in the City of San Luis Obispo, and this ordinance shall go into effect at the expiration of thirty days after its final passage. A copy of the full text of this ordinance shall be on file in the city clerk's office on and after the date following introduction and passage to print and shall be available to the public. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the day of , 1989, on motion of , seconded by , and on the following roll call vote: .. 'a*l: a r+,:v�\n fiiw,;1„ f_ E.•: t bn .t t: .. .+.. 1i;ti•"-,.. .... ... .. Ordinance No. (1999 Series) Page 32 AYES: NOES: ABSENT: Mayor Ron Dunin attest: . City Clerk Pamela Voges Approved: zt y dministrative office City At ney /J d Community Development Director Public Works Director MEETING AGENDA L�D De"esD.n DATE .fn/6'411TEM # ricidAugust 24, 1989 MEMORANDUM TO: City Council VIA: John Dunn FROM: Dave Romero ;�� Dave Elliott SUBJECT: Amended tree-Regulations 8/15/89 Council Meeting Agenda Item 6 ,x This afternoon we met with officials from PG&E, who were concerned about some provisions of the proposed ordinance amending the city's tree regulations. Section 12.24.I40.0 (page 22) of the proposed ordinance states that when a public utility must prune more than 10 percent of a tree's canopy or when the there are energized utility lines nearby, the utility must completely prune the entire tree. PG&E fears that in most instances it would have to completely prune at high cost virtually every tree it must safety prune in San Luis Obispo. We agreed that these requirements would probably impose an unfair burden upon PG&E.. As a compromise we propose 1) that these requirements apply only to street trees and 2) that the city and PG&E share the cost of completely pruning the trees when necessary. We recommend substituting a revised page 22, which is attached. After meeting with PG&E we are enthusiastic about possible cooperative pruning contracts which could save money for both PG&E and the city over the long term. The proposed ordinance modifi- cations should promote such cooperation. attach: revised page 22 AUG 1 CITY CLERK CRY CLERK SAN LUS oBlspo. CA WW WA2PNM G9 Ordinance No. (1989 Series) Page 22 in order to maintain trees 3#)IAA)I1Atffi growing adja= cent to utility fixtures or apparatus This permission shall cover¢ trees which encroach upon public streets ¢x`/ydpXO)4 B. When maintaining street trees,,. a public utility_ must obserye. good arboricultural practices, as specified by International Society of Arboriculture Western Chapter Prunind Standards and City of San Luis Obispo Safety Pruning Specifica- tions_ C. When public utility pruning affects 10 percent or more of a street tree's natural canopy or when there are ener- gized utility lines closer than 10 feetfroma_ street _tree's main trunk or trunks, the public utility and the city shall share the cost of completely pruning the entire tree. 12.-24. 150 Responsibilities for repairing tree damage to curbs, cqutters and sidewalks. A. ¢ Fi¢3� X ¢ /¢¢ `¢¢ /FX11�X`, /➢�X/91XJ�¢3�1I�/XRI1�1�/X�9�i� When roots of a treed planted within the planting area damage city curbs, gutters and sidewalks