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Home My WebLink About09/05/1989, 6 - AMENDED TREE REGULATIONS (CONTINUED FROM 8/15/89) IIIry�19lll�llllln�lII T MEETING GATE: II II f cityo san tins oBtspo 915189 COUNCIL AGENDA REPORT ITEM NUMBER: FROM: David F. Romero, Public Works Director PREPARED BY: David Elliott, Administrative Analyst) SUBJECT: Amended Tree Regulations ` (continued from 8/15/89) 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.B 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 trader 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.I40.B (page 22) of the proposed ordinance requires public utilities to observe good arboricultural practices when pruning street trees next to utility fixtures like overhead -_/ ��n�ibN�►VIIIIIII�P ��II city of sau i Luis osispo COUNCIL AGENDA 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 street tree's canopy or when there are energized utility lines nearby, the utility and the city will share the cost of completely pruning 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: I. 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). S. Removing a tree requires public notification by posting signs on the property (section 12.24.180.F.] - 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-1 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 I Pruning in areas outside the downtown or major streets would have to be approved during 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.) 4V r0Z 1IfI�I101 IIIcity of San tins OBISp0 A COUNCIL U AGENDA REPORT Amended Tree Regulations page 3 Requiring more extensive pruning would cost public utilities more money and the city would have to match some of this cost with money budgeted for contract pruning. Requiring certified arborists on the staffs of pruning contractors might restrict competition and raise contract pruning prices. 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. 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. Officials from PG&E have reviewed the proposed changes regarding tree pruning by public utili- ties and have agreed to those changes. STAFF RECOMMENDATION Introduce and pass to print the ordinance amending the tree regulations codified in chapter 12.24 of the municipal code. attach: Background: The Urban Forest in San Luis Obispo draft ordinance legislative draft of proposed amendments I �-3 C O 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 4.3.2 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 • l-9 1 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 purifies 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. c, 0 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 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- * 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. G-4 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 the size, 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 12.24.070.17 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. &P I 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 maintain street 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. i 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 i 1989-90 (budget) $242,700 6 - 9 U 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 4.2 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. 4.3.2 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. CP —�� 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. 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. r. t i 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. O Ir- 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. 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. 12.24.090 Street tree planting requirements. -\ 12.24.100 Street tree planting procedures. J 12.24.110 Control of trees and shrubs on public easements. 12.24.120 Street tree maintenance. 12.24.130 Protection of trees. 12.24.140 Tree maintenance by public utilities. 12.24.150 Responsibilities for repairing tree damage to curbs, gutters and sidewalks. 12.24.160 Tree service contractors. 12.24.170 Emergency tree services. 12.24.180 Tree removal. 12.24.190 Heritage Trees. 12.24.200 Appeals. 12.24.210 No liability upon the city. 12.24.010 Purpose and intent. A. The public interest and welfare require that the city establish, adopt and maintain a comprehensive program for installing, maintaining and preserving trees within the City of San Luis Obispo. B. This chapter establishes policies, regulations and specifications necessary to govern installation, maintenance and preservation of trees to beautify the city, to purify the air, to provide shade and wind protection, and to preserve trees with historic or unusual value. C. It is the policy of the city to line its streets with trees and to conduct a consistent and adequate program for maintaining and preserving these trees. This policy pro- vides for planting trees in all areas of the city and for selecting appropriate species to achieve as much beauty and economy as possible. It is also the policy of the city to protect significant trees, wherever they are located. It shall be the duty of the director to en- force, implement and carry out this policy and the provisions of this chapter. 01-/3 OOrdinance No. (1989 Series) Tree Regulations Page 2 12.24.020 Tree committee. A. The tree committee shall act as an advisory body to the director and the city council on all matters related to trees in San Luis Obispo. B. The tree committee shall have five members who shall serve four year terms which shall be staggered. 12.24.030 Definitions. The following words and phrases used in this chapter, unless a different meaning is clear- ly required by the context, shall have the following meanings: A. "Director" means the public works director or his designated representative. B. "Heritage Tree" means any tree existing within the city limits which has been so designated by resolution of the city council. Heritage trees shall be trees with notable historic interest or trees of 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 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 juris- dictionof the Public Utilities Commission of the State of California and any duly constituted public agency authorized to provide and providing utility service. G. "Street tree" means any tree within the planting area. H. "Tree" means any perennial woody plant having a trunk at least three inches in dia- meter at a height 4 1/2 feet above the ground. This definition shall include any tree planted by or required to be planted by the city which will attain the stated size at maturity. 12.24.040 Enforcement. The public works department shall be responsible for enforcement of this chapter. 12.24.050 Master street tree list. . The tree committee, with the assistance of the public 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 species of trees suitable and desirable for planting in certain areas. 12.24.060 Street tree planting plan. The tree committee, with the assistance of the public works and community development departments, shall recommend 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 species of street trees to be planted in different areas of the city and shall in- clude a schedule for street 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 planting plans for certain residential neighborhoods or blocks, which specify the species and locations for trees to be planted in those neighborhoods or blocks. The director, the tree committee or the architec- Ordinance No. (1989 Series) - Tree Regulations Page 3 tura) review commission must approve any deviations from these residential street tree plant- ing plans. B. Street trees for residential areas without specific tree planting plans must be se- lected from the master street tree list. 12.24.080 Street tree planting and maintenance standards. The public works and community development departments, with the approval of the tree committee, shall develop and implement policies and standards for street tree planting and maintenance, which shall be adopted by resolution of the city council. 12.24.090 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 subdi- visions and building permits. The policies and standards for street tree planting and mainte- nance shall be followed in all instances. 12.24.100 Street tree planting procedures. A. All street trees shall be planted within the planting area. In R-1 and R-2 zones, if the city requires tree planting in the sidewalk instead of behind the sidewalk, the city shall pay for additional costs incurred. B. Before planting, all street trees must be inspected and approved by the city arborist'` or his designee. C. Required street trees must be planted after completion of each adjacent building and before an occupancy release is issued for the adjacent building, unless otherwise approved by the director. D. The city shall encourage installing both integral and detached sidewalks within the same block when the director has determined that the change within the block is necessary to preserve a desirable tree, provided a minimum sidewalk width of four feet can be constructed. E. Property owners shall be responsible for establishing and maintaining required street trees adjacent to their property, except as provided elsewhere in this chapter. F. So the city arborist can determine the tree requirements for site development, any subdivider or developer shall submit to the city a plot plan of the proposed subdivision which shall.• 1. show clearly all existing trees, noting location, species, diameter and condition 2. note whether existing trees will be retained, removed or relocated 3. show proposed utilities, driveways, street tree locations, and the size and species of proposed street trees. 12.24.110 Control of trees and shrubs on public easements. A. To prevent hazards to the public, property owners shall maintain all trees, shrubs and other plant growth on their property or adjacent to their property and within the public right of way. Hazards shall include (but not be limited to) branches hanging over sidewalks and shrubbery growing into the right of way which interferes with passage. B. The city shall notify property owners of hazards by posting abatement notices accord- ing to the Streets and Highways 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 irector,,endangers public property shall be removed or trimmed by the property owner within 14 days GOrdinance No. (1989 Series) Tree Regulations Page 4 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. Upon confirmation of assessments by the city council, removal and trim- ming costs shall become a lien on the property and the resolution assessing these costs shall be recorded with the county recorder's office. The assessment may be collected by court ac- tion. In case of emergency caused by a tree in a hazardous condition, the tree may be removed by order of the director. 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 adja- cent 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. A. No person shall remove, trim, prune or cut any street tree unless such work conforms with all city regulations and standards. B. No person shall interfere, or cause any other person to interfere, with employees of the city who are engaged in planting, maintaining, treating or removing any street tree or �l removing any material detrimental to the tree. C. No person shall willfully injure, disfigure, or intentionally destroy by any means any tree growing within the planting area or elsewhere within the jurisdiction of this ordi- nance, except with permits described elsewhere in this chapter. D. No person shalt 1. Construct a concrete, asphalt, brick or gravel sidewalk, or otherwise fill up the ground area near any tree, to shut off air, light or water from the roots, except under writ- ten authority from the public works department 2. Place building material, equipment or other harmful substance near. any tree which might cause injury to the tree 3. Post any sign on any tree, trl2-stake or guard, or fasten any guy wire, cable or rope to any tree, tree-stake or guard. E. Tree-stakes or guards may be placed around street trees by property owners for the purpose of protecting or training the trees, with approval of the director. F. No person shall plant any street tree except according to policies, regulations and specifications established pursuant to this chapter or any currently applicable ordinances or code sections. G. Any person deemed responsible for damaging a tree or removing a tree. without a permit as described in this ordinance 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 estab- lished according to evaluation 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 12.24.140 of this ordinance and identified by city inspection. 12.24.140 Tree maintenance by public utilities.. VA. A public utility shall obtain a permit, issued by the director and valid for one year V 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. Ordinance No. (1989 Series) Tree Regulations Page 5 B. When maintaining street trees, a public utility must observe good arboricultural practices, as specified by International Society of Arboriculture Western Chapter Pruning Stan- dards and City of San Luis Obispo Safety Pruning Specifications. C. When public utility pruning affects 10 percent or more of a street tree's natural canopy or when there are energized utility lines closer than 10 feet from a 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, gutters and sidewalks. A. When roots of a tree planted within the planting area damage city curbs, gutters and sidewalks (including driveway ramps), the city shall remove or root-prune the tree, install root barriers as necessary, and replace damaged concrete. B. When roots of a tree planted outside the planting area damage city curbs, gutters and sidewalks (including driveway ramps), the property owner shall be responsible for removing or root-pruning the tree, installing root barriers where necessary, and replacing damaged con- crete. C. It shall be the responsibility of the property owner 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 removed shall be replaced, at the property owner's expense, with an acceptable tree from the master tree list. 12.24.160 Tree service contractors. When the city requires tree pruning, any tree service contractor performing the work shall have on its staff an arborist certified by the Western Chapter of the International Society of Arboriculture. This arborist must oversee all pruning work and certify that all work meets the city's pruning specifications. If a certified arborist is not on the staff of the tree contractor, the city arborist must approve the tree service contractor before work begins. 12.24.170 Emergency tree services. The city will provide on-call tree services in emergencies. Emergencies include fallen trees and other immediate safety hazards. The director shall determine if an emergency ex- ists. 12.24 180 Tree removal. A. The city values trees as an important part of the environment and shall strive to preserve them whenever possible and feasible. B. Except as otherwise provided in this chapter, removing any tree• in the city shall require a permit. C. Tree removal not related to property development. 1. When not related to property development, removing a tree in all zones except the R-I and R-2 zones shall require a permit issued by the public works department. 2. When not related to property development, removing a tree in the R-1 and R-2 zones shall require a permit issued by the public works department in any of the following circum- stances: 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) COrdinance No. (1989 Series) Tree Regulations Page 6 (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 (Bigleaf Maple) (9) Acer negundo (Box Elder) (10) Sequoia 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 developed to the maximum allowed den- sity. 3. An application for a tree removal permit issued by the public works department shall include: a. a plot plan showing the location and species of any tree proposed for removal b. a brief statement of the reason for removal C. any other pertinent information required. 4. An applicant for a tree removal permit issued by the public works department should request a site review by the city arborist before preparing a detailed plot plan. 5. When tree removal is not related to property development, the city arborist may au- thorize a tree removal after finding any of the following circumstances: a. the tree is a hazard to life or property, and removing it is the only feasible way to eliminate the hazard b. the tree is dead or dying or damaged beyond reclamation C. the tree is causing severe root damage to public or private property, and removing the tree is the only feasible way to eliminate the damage. 6. When the city arborist cannot authorize a tree removal, the tree committee shall review the application and may authorize removal if it finds one of the following circumstan- ces: 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 neigh- borhood. D. Tree removal with a development permit. 1. To remove a tree from any parcel in the city as part of property development by sub- division, 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 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. 2. Review of the application to remove a tree with a development permit shall proceed as follows: a. The city arborist shall inspect the property and recommend approving or denying the application. b. If no architectural review is required for the development, the tree committee shall approve or deny the application.. a If architectural review is required for the development, the architectural review commission shall approve or deny the application. ��/ U Ordinance No. (1989 Series) Tree Regulations Page 7 (1) If the city arborist has recommended denying the application and the architectural review commission has approved the application, the tree committee shall review the architec- tural review commission's decision. (2) If the tree committee concurs with the city arborist's recommendation to deny the application when the architectural review commission has approved the application, the city council shall review the matter for final action. E. Tree removal on public property. 1. When the city removes a tree as part of a public improvement project, the city shall replace the trees as soon as feasible during the project. 2. When the city requires a tree to be planted in the planting area and then later deter- mines that the tree must be removed, the city shall pay for removal and replacement. F. Notification of tree removal. 1. The city shall post a sign notifying the public of the date and description of a proposed tree removal. This sign shall be posted in a prominent location, visible from a public street, for a period not less than five days before either staff consideration of a tree removal permit or a public hearing on a related development. 2. The public works director may waive notification requirements for a tree removal in either of the following circumstances: a. when the director_ determines that a tree's condition threatens public health, safety or welfare. b. when local, state or federal authorities have declared a state of emergency and a tree's condition threatens public health, safety or welfare. G. In approving an application for tree removal, the director, the tree committee, the architectural review commission or the city council may require planting replacement trees and may require a bond ensuring that replacement trees shall be planted. H. Expiration of appeals. Decisions on tree removal by the director, the tree committee and the architectural review commission shall be subject to appeal according to the appeal provisions of this code, and no permit shall be issued until the 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 unique 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 in exercising the authority here granted, shall have the right to appeal to the tree committee, whose decisions are appealable to the city council. B. Appeals received by the city within 10 days from the date of posting shall cause the public works director to withhold tree removal permits, and stop any construction or demoli- tion activity affecting the subject tree until the appeal is heard and a decision is reached. 12.24.210 No liability upon the city. Nothing in this chapter shall be deemed to impose any liability upon the city or upon any of its officers or employees, nor to relieve the owner or occupant of any private property from the duty to keep in safe condition any trees and shrubs upon that private property or upon sidewalks and planting areas in front of that property." Ordinance No. (1989 Series) Tree Regulations Page 8 SECTION 2. A summary of this ordinance, approved by the city attorney, together with the ayes and noes, shall be 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 pub- lic. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meet- ing held on the Sth day of September, 1989, on motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: Mayor Ron Dunin attest: City Clerk Pamela Voges sssssssss Approved: ,ty Ad inistrative Officer City Attorney �1 U Community Development Director Public Works Director LEGISLATIVE DRAFT OF PROPOSED AMENDMENTS TO TITLE 12 , CHAPTER 12.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE (TREE REGULATIONS) Chapter 12.24 TREE REGULATIONS Sections: 12.24 .010 Purpose and intent. 12.24 . 020 Tree committee. x717410xo PoOfXXX001 12.24. 030 Definitions. 12. 24.040 Enforcement. 12.24. 050 Master street tree list. Xx,�x/Ella�ld �'X'��/I6X�Pi�=XYi�/16X�YI/ 12.24. 060 Street tree planting plan. 12.24 .070 Residential street tree planting plans 12.24.080 Street tree planting and maintenance standards. Tree Regulations Index 12..24.-090 Street tree planting requirements. 12.24. 100 Street tree planting procedures. 12. 24. 110 Control of trees and shrubs on public easements. XxxzzxXXf� ?,t36160,tXY/36000116OW-4UONfA `/16X00Y191A/Y-0-051Y O7' n 12.24. 120 Street tree maintenance. 12..24. 130 Protection of trees. zz<xzxPO xx¢/)dzzxzXz 6$/ 12.24.140 Tree maintenance by public utilities. 12. 24. 150 Responsibilities for repairing tree damage to curbs, gutters and sidewalks. 12.24. 160 Tree service contractors. 12.24. 170 Emergency tree services. 12.24.180 Tree removal. 12.24. 190 Heritage Trees. Tree Regulations 12.24. 010 J 12.24.200 Appeals. AWA/00 )fo/xXo)6XxXlty/)dl6367i/¢xltyI 12. 24.210 No liability upon the city. 12.24.010 Purpose and intent. A. public interest and welfare require¢ that the city establish, adopt and maintain a comprehensive program for �i1€/XyS¢J!�(XX¢ X¢3��/¢ P�X¢}��}�¢¢/ }�¢ installing. maintaining and preserving trees within the City of San Luis Obispo. B. This chapter establishes 1 36YXy1¢¢ 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/0yij036j /yG¢/j!p1¢ C. It is the .policy of the city to line its streets with trees and to j6¢j67iXyi¢ conduct a consis- tent and adequate program for pts(XgIjG¢yl�fyi¢¢/�Ipi�l/�6�`¢¢¢�'7b�( X¢yi/¢X 0)dg)i maintaining and preserving these trees. This policy pro- vides for X)1¢ planting ¢X trees in all areas of the city, and for Xj3¢/¢¢x¢¢jCXgSyi/¢X selecting appropriate species to achieve as much beauty and economy G-�3 • Tree Regulations 12 .24.020 - 12 .24. 030 as possible. It is also the policy 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. Xpi¢/¢ ¢¢/¢¢pty�ljCjL�t¢¢/¢pi�Ixz 12.24. 020 Tree committee. A. The tree committee shall act as an advisory body to the director and the city council on all matters related to trees in San Luis Obispo. B. The tree committee shall have five members who shall serve four year terms which shall be staggered. X71741070 P16.000ofg/ 12.24. 030 Definitions.. The following words and phrases used in this chapter, unless a different meaning is clearly required by the context, shall have the following meanings: A. "Director" means the public Ajd"j(¢¢,s works director or his designated representative. B. "Heritage Tree" means any tree existing within the city limits which has been so designated jt¢/¢)[¢pt by resolution of the city council. Heritage trees shall be trees ¢X with notable historic 4/0 _jJ� Tree Regulations 12.24. 030 interest or trees of XXgj) 1YAX)t¢/¢Yg6¢ 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 AXtp 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. E. "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 providing utility service.. XG. "Street tree" means any tree within the ¢y[¢XX¢ planting area. ¢H. "Tree" means any perennial woody plant having a ¢XpigjX¢ trunk ¢X at least three inches in diameter at a height fbf 4 1/2 feet above the \- OTree Regulations 12.24. 040 f� XXX X�t/X¢ pt¢�1/¢Z¢y6yi. This definition shall AXt36 include any treeplanted by or required to be. planted by the city JdkiY-/)iii¢/pi¢Y/Y¢iL which will attainjdd the stated size at maturity. 12.24.040 Enforcement. The gl¢¢jInpt¢piY-/¢X public $j6gYXjtOj9 works department shall be responsible for enforcement of this chapter. T)iO/¢36p6f Tree Regulations 12 .24.050 - 12 .24 . 060 12.24.-050 Master street tree list. The tree committee, with the assistance of the public 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 jrYPj6$1g)4g1 species of trees suitable and desirable for '1 planting in certain areas/�(pill/tyi¢/¢¢Yi¢1�j'= ¢yi¢/}dyl�l¢�/yapt ¢yt/¢yt¢�i 12.24. 060 Street tree planting plan The tree committee, with the assistance of the public works and community development departments shall rec- 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 j?Yj6¢¢ species of street trees to be planted in different areas of the city and x`¢¢36j*jdyiA shall include a 16,`16g)tjA)fi/f6,f schedule for street i W/-a I CTree Regulations 12 . 24.070 - 12.24 .080 tree planting. R7�X ?i /➢��`/¢��P� l� /XP�/�`}�X /1�X }�/J� �/I� /�� 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 planting plans for certain residential neighborhoods or blocks which specify the species 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 blantina and maintenance standards. A/The public $ji"goffig works and community develop- ment departments, with the approval of the tree committee, shall develop and implement policies and standards for street tree planting and maintenance, which shall be adopted by resolution C' of the city council. Tree Regulations n 12.24. 080 ?=X /�nxar/X} /��TbYi '�7b3�/¢f�3�Rt X`¢X x/ �` /�➢�R�/�Yj/3d �36VOY-1000/ Al 000/xxWz10001 o OTree Regulations 12.24 . 080 ¢�Yt�X��X�P�/��/�1��/��if��Rtl�Yi1/}d�/1�`•��/�`�1�3'��`Xx,�/�1��`�/�`��/��xx G' �`�}'��Pi�`•/��/��/%`X��.�//,�}'�f�`�/�`�Yi��}'��/F+l'�1�xx/��/�z`�PI�'=X91/9SPIx�/,Y�/�� O Tree Regulations 12..24. 080 X,� �"��/�X`f��/X,�/��4�,1/41X➢I�,L/��f�`��4�,�/R�X,�f��R�/}��1f�3'�R� ¢36ffi9x"¢xA)6ns i CTree Regulations 12.24 .080 1fl�id�`��x/��/��/�`�k4Yi¢l�x///➢��¢t�/��/¢�x��X x/R�f�$XR�Yi��X�Pi/��/� to -300 Tree Regulations 12.24 .080 �➢1�1�1x�3+��Pi�.�/��1�xx/XY��x��f�/3bX��/��l�X X`/�I�1�xX�`��/��/�Y��/��ld�l-`�f �'�/�,��/�Y�/At��Fi�/��X,�/�`�¢�R'��YI��`��}'�.�/�=��/�`•X`f�f�/f��F�X�=�`-�1�/At�� OTree Regulations 12.24. 090 12.24. 090 Street tree planting reguirements. A. Planting street trees may be reguired. as a condi- tion of a use permit, variance or other city entitlement B. Planting Altreet trees shall be required as a condition of approval for all subdivisions and building permits. The policies and standards for street tree planting and maintenance shall be followed in all instances. Tree Regulations 12 .24 . 100 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 inspect- ed and approved by the city arborist or his designee C. Rectuired street trees must be planted after completion of each adiacent building and before an occupancy release is issued for the. adiacent building unless otherwise approved by the director. D. The city shall encourage installing both integral and detached sidewalks within the same block when the director has determined that the change within the block is necessary to Preserve a desirable tree, provided a minimum sidewalk width of Tree Regulations 12. 24. 110 four feet can be constructed.. E. Property owners shall be responsible for establish- ing and maintaining required street trees adjacent to their property, except as provided elsewhere in this chapter. F. So the city arborist can determine the tree re- cruirements for site development, any subdivider or developer shall submit to the city a plot plan of the proposed subdivision which shall: 1. show clearly all existing trees, noting location, species, diameter and condition 2. note whether existing trees will be retained, re- moved or relocated 3. show proposed utilities, driveways, street tree locations, and the size and species of proposed street trees. 12.24.110 Control of trees and shrubs on public easements. J�J�YIX/X`��/XX`�Fd/�P�1�1��`��`�Y��/3a��`-l�/1�lQ�X X¢/1�1�1��X�➢�f��/��4�/X X F�$/�X` Y�l��/J►��Y��/��/1��`�¢X l d��/1�X�3��}��i�/XYi/��l��PIX�/ (� A. To prevent hazards to the public, property owners G• 34 Tree Regulations 12.24. 110 shall maintain all trees, .shrubs and other plant growth on their Property or adiacent. to their property and within the public right of way. Hazards shall include (but -not be limited toy branches hanging over sidewalks and shrubbery growing into the right 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 Upon confirmation of assessments by the city council removal and trimming costs shall become a lien on the property and the resolution assessing these costs shall be recorded with the county recorder's office. The assessment may becollectedby court action. In case of emergency caused by a tree in a hazardous condition, the tree may be removed by order of the director. G-37 1 GTree Regulations 12.24. 110 zxrxzrzz� ��x��r��x��r��zzxz�nrx��r�x��xzn�r�rxx��r��xt 0 �zrxxr� zcrz� rzz��xr¢ xrx � r �rrxr �� znxr Tree Regulations 12 .24. 120 - 12.24. 130 12.24 .120 Street tree maintenance. The city shall maintain street trees in the downtown commercial area and on maior streets In all other areas of the city, tree maintenance is the responsibility of the" adiacent Propertyowners except that the city may rune street trees in these other areas to ensure healthy and attractive growth AWAIMP Rt�Ris��iZ/��/X x XR�9S}Z /XXPiPiXXPi1$X/f/�z�}�XI�XX>��/ ¢ / 12.24. 130 Protection of trees. JBA. No person shall 16;AffitJ remove, trim, prune or cut any street tree unless such work conforms with all city regulations and standards. ¢B. No person shall interfere, or cause any other per- son to interfere, with employees of the city who are engaged in XyIf planting, maintaining, treating or removing of any street tree or removing any material detrimental to the tree. ��• XX/X / /�X�X�iXX�P�/IBX/X�iX /¢bi1�XX/XIX/�Pi�t No person go shall willfully injure, disfigure, or intentionally destroy by any means any tree growing within XpiA/¢Xtylloyi �J G -39 Tree Regulations 12.24. 130 the planting area or elsewhere within the jurisdiction of this ordinance. except with permits described elsewhere in this. chapter. XD. No person shall: 1. Construct a concrete, asphalt, brick or gravel sidewalk, or otherwise fill up the ground area near any tree, to shut off air, light or water from the roots, except under writ- ten authority from the public gjd"X¢og works department/ 2. Place building material, equipment or other harm- ful substance near any tree $01A IX0 which might cause injury to the tree JtXOtOXOI 3. Post any sign on any $Xtoog tree, tree-stake or guard, or fasten any guy wire, cable or rope to any tree, tree-stake or guard. 71. Tree-stakes or guards may be placed around street trees by property owners for the purpose of protecting or train- ing the trees, with approval of the director. ¢F. No person shall plant any street tree except according to policies, regulations and specifications estab- lished pursuant to this chapter or any currently applicable ordi- nances or code sections. (� r Tree Regulations 12.24. 140 �1��➢i�X?bX�/1�Yj/�1��/�Rtfd)dYj�/��X/��/��/J��X l dt�/��/��/��`l�f�/�,�/��f G. Any person deemed responsible for damaging a tree or removing a tree without a permit as described in this ordi- nance shall be liable for damages to the city in an amount equal to the value of the tree plus city. costs incurred to assess damages. Tree values shall be established according to evalua- tion standards of the International Society of Arboriculture H. It shall be unlawful for a property owner to maintain a tree or shrubbery hazard as described in Section 12.24. 110 of this ordinance and identified by city inspectors X717AIPP LXX¢/9Y_WY_0$/ 12.24 .140 Tree maintenance by public utilities. A. A public utility shall )616 j#AYO-pi obtain a permit, issued by the director and valid for one year from the date of issuance, (XX�IaXs / Xi¢Yi/ 9�1�i� Yi�t/f�X ��>XPi¢lf/�=f�/1f�`X�/��`�f�l�,�/Z`�F59�1`�/�X`/I��X`��/�lQ¢�/16��J�`/�f��`•�/3A'X�� oTree Regulations 12 .24. 150 }t¢¢jb¢¢,t/¢¢ in order to maintain trees growing adja- cent to utility fixtures or apparatus 391X¢ / ¢T�/lil�¢3�/1�XXI� ¢/1� ¢1�t�Xy• This permission shall cover¢ trees which encroach upon public streets ¢t/36pAgX B. When maintaining street trees, a public utility must observe good arboricultural practices as sbecified by International Society of Arboriculture Western Chapter Pruning Standards and City of San Luis Obispo Safety- Pruning Specifica- tions. C. When public utility pruning affects 10 percent or more of a street treeips natural canopy or when there are ener- crized utility lines closer than 10 feet from a 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. gutters and sidewalks. A. When roots of a tree¢ planted within the plantingareadamage city curbs. .gutters and sidewalks Tree Regulations 12 .24. 150 (including driveway ramps) , the city shall remove or root-prune the tree, install root barriers as. necessary, and replace XXX damaged concrete. B. When roots of A tree¢ planted outside the planting area damage city curbs, gutters and sidewalks (including driveway ramps) XX¢/¢yPXX¢ ,tX!#?iXf¢X; 3#AYj the property owner .shall be responsible for ,tO)d¢7I}(X removing or root-pruning ¢X the tree¢, installing root barriers where necessary, and �€�dX�(¢¢pt¢yiX/¢X/XY(¢ replacing damaged concrete. C. It shall be the responsibility of the property own- 1 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, with an acceptable tree from the master tree list. oTree Regulations 12.24. 160-12.24.170 l�l�x1�¢`/l`��?��/��/Fd��/f��/�R�$��f�Fs�`•/��/¢X��/��Id�`�J��R1�Y�R��/X/�/,� 12.24.160 Tree service contractors. When the city requires tree prunincr anv 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 pruning 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 service contractor before work begins. 12.24.170 Emergency tree services. The city will provideon-call tree services in emergencies. Emergencies include fallen trees and other immedi- ate safety hazards. The director shall determine if an emergen- cy exists.. Tree Regulations 12.24. 180 12.24. 180 Tree removal. A. The city values trees as an important part of the environment and shall strive to preserve them whenever possible and feasible. B. Except as otherwise provided in this chapter. re- moving any tree in the city shall recruire. 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) LI Umbellularia californica (California Laurel) u Platanus racemosa (California Sycamore) Juglans californica (Southern California Black Walnut u Salix lasiolepis (Willow) u Populus trichocarpa (Black Cottonwood) (7) Heteromeles arbutifolia (California Holly - Toyon) l Tree Regulations 12.24. 180 Acer macrophyllum (Bigleaf Maple) (9) Acer negundo (Box Elder) 10 Seouoia sempervirens (Coast Redwood) b. when the tree trunk is over 12 inches in diameter at a height 4-112 feet from the (around 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 Rublic works department should request a site review by the city arborist before preparincr a- detailed plot plan. 5. When tree removal is not related to property 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 it is the only feasible way to eliminate the hazard ® b. the tree is dead or damaged beyond reclamation Tree Regulations 12 .24 .180 ) C. the tree is causing severe root damage to public or private property. and removing the tree is the only feasible way to eliminate the damage. 6. When the city arborist cannot authorize a tree removal, the tree committee shall review the application and may authorize removal if itfinds one of the followincr 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 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 2 . Review of the application to remove a tree with a J V/ .0 O Tree Regulations 12 .24 . 180 development permit shall proceed as follows: a. The city arborist shall inspect the Property and recommend approving or denying the application. b. If no architectural review is required for the development, the tree committee shall approve or deny the application. C. If architectural review is required for the development, the architectural review commission shall approve or deny the- application. LI 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 .ar borist's recommendation to deny the aDplication when the archi- tectural review commission has approved the application,. the city council shall review the matter for final action. E. Tree removal on public Property. 1_. When the city removes a tree as part of a public improvement project, the city shall replace the trees as soon as feasible during the project. 2. When the city requires a tree to be planted in the planting area and then later determines that the tree must be_ removed, the city shall pay for removal and replacement. Tree Regulations 12. 24. 180 F. Notification of tree removal. 1. The city shall post a sign notifying the public of the date and description of a Proposed tree removal This sign shall be Posted in a Prominent location visible from a public street, for a Period not less than five days before either staff consideration of a tree removal permit. or a public hearing on a related development. 2_. The public works director may waive notification requirements for a tree removal in either of the following circumstances: A. when the director determines that a tree's condi- - i 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 pub- lic health, safety or welfare. G. In approving an application for tree removal the 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. H. Expiration of appeals. Decisions on tree removal by the director, the tree committee and the architectural review commission shall be subject to appeal according to the appeal Provisions of this code, and no Permit shall be issued until the OTree Regulations 12.24. 190-12.24.200 appeal period has lapsed. 12.24. 190 Heritacte 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 unique and temperate climate. The city may officially designate as heritage trees those trees in the community which have sianificant 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 ¢X ¢/1�lXJ�¢/¢¢J�`7rX¢¢¢/¢ `/¢¢R�3�¢l�X �/¢ff�X¢1�3�¢}� /¢¢1� t�➢� #�, in exercising the authority hereXyi granted, shall have the right to appeal to the tree committee, whose decisions are appealable to the city council. B. Appeals received by the city within 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 heard and a decision is reached. G-sa Tree Regulations 12 .24 .210 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 pig$ that private property or upon sidewalks and planting AXtX160 areas in front of )iX$ that property. 0 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) On , the San Luis Obispo City Council voted to introduce Ordinance No. (1989 Series) which would amend the tree regulations of the municipal code. Some of the changes would correct awkward or ambiguous passages. Other changes would shift policy to address problems with planting, maintaining and preserving trees in the city. Major policy changes would include: 1) allowing a shift of street tree maintenance responsibilities from property owners to the city . 2) requiring public utilities to more thoroughly and aesthetically prune street trees next to utility fixtures like overhead wires 3) regulating tree removals more stringently 4) requiring that contractors hired to perform city-mandated pruning have a professionally certified arborist 5) requiring the city to pay for additional costs needed to plant trees in the sidewalk rather than behind it when street trees are planted in the R-1 and R-2 zones. The council must vote again to approve the ordinance before it can take effect. That action is tentatively scheduled for at a regular city council meeting to begin at 7:00 p.m. in the council chamber of city hall at 990 Palm Street. Copies of the complete ordinance are available in the city clerk's office at city hall. For more information call the public works department at 549-7210. Pamela Voges, City Clerk