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HomeMy WebLinkAbout0516t ORDINANCE NO. 516 (1;71 Series) AN OP.DIM CE liPYlENDING AND ESTABLISHING TREE !:EGULATIONS FOR THE CITY OF rViN LUIS OBISPO. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That Sections 4300.1 through `3jv .13 of the San Luis Obispo k1unicipal Code and Ordinance No. 279 (1964 :aeries) shall be and the same are hereby repealed. ECTION 2. That the following sections shall be and the same are hereby added to the San Luis Obispo municipal Code. (See attached Exhibit "1 "i ") SECTION 3. This Ordinance, together with the ayes and noes, shall be published once in full, at least three da ys before its final pa ssaSe , in the Telegram -Tribune, a newspaper published and circulated in said City, a::d the sar.,e shall go into effect at the expiration of thirty (30) days after its said final passa -e. INTRODUCED AND PASSED TO PRINT by tie Council of the City of San Luis Obispo at a Regular 'Nileeting, held thereof on the 1st day o.L' Eiel)ruary, 1971, on motion of Councilman Miller, seconded by Councilman Blake, and on the followin- roll call vote: AYES: Councilmen B1aI:e, Graham, 114iller, , Springy and Mayor "Schwartz NOES: None ABSENT: None ATTEST: i Exhibit "A" SAN LUIS OBISPO MUNICIPAL CODE SECTION 4300 - 1 4300 - 2 4300 -- 3 4300 - 4 4300 - 5 4300 - 6 4300 - 7 4300 8 4300 - 9 4300 - 10 4300 - 11 4300 - 12 4300 - 13 4300 - 14 4300 - 15 4300 - 16 4300 - 17 CHAPTER ill TREE REGULATIONS CONTENTS Street Tree Policy Purpose and Intent Definitions Enforcing Authority Master Tree List Street Tree Planting Plan Standards Street Tree Maintenance, Inspection Removal of Trees Removal of Trees Prohibited without a Permit Subdivision Street Tree Planting Control of Trees on Easements Property Owner Requests Protection of Street Trees, Prohibitions Public Utilities Sidewalk, Curb and Gutter Determinations Appeals Decisions on Validity Non - Liability of City SAN LUIS OBISPO MUNICIPAL CODE CHAPTER Ili TREE REGULATIONS SECTION 4300.1 Street Tree Policy Purpose and Intent It is hereby declared that the public interest and welfare requires that the City establish, adopt and maintain a comprehensive program for the installation, maintenance and preservation of trees within the City of San Luis Obispo. This article provides policies, regulations and specifications necessary to govern installation, maintenance and preservation of trees to beautify the City, purify its air, provide shade, wind protection and preserve trees with historic or unusual value for the inhabitants of this City, subject to the availability of City funds for such purposes. It is hereby declared to be the policy of the City to line its streets with trees and to provide a consistent and adequate program for maintenance and preservation of such trees. This policy provides for the planting of trees in all areas of the City, and.for the selection of appropriate species to achieve as much uniformity as possible for beauty and economy. It shall be the duty of the Director to enforce, implement and carry out this policy and the provisions of this article. The Tree Committee shall act as an advisory body to the Director and the City Council. SECTION 4300.2 Definitions The following words and phrases used in this article, unless a different meaning is clearly required by the context, shall have the following meanings: (a) "Planting Strip" shall mean the area available for planting between the street curb, or place where the curb should be, and the property line. (b) "Planting", shall mean planting and replacement in planting strips. (c) "Maintain" or "Maintenance" shall mean the entire care of trees in planting strips, as well as the preparation of ground, fertilizing, mulching, watering, unless specifically so stated. _ (d) A "tree" shall be defined as any woody plant characterized by having a single trunk of at least three (3) inches in diameter at breast height (42 feet), or a multi - stemmed trunk system with a more or less definitely formed crown. This shall also include any "tree" that has been placed by the City that has not yet obtained the stated size. - 2 - (e) As used in this Ordinance, an "undeveloped parcel" shall be any lot, or portion of a lot, which can be further subdivided or more intensively developed under the Land Use Zoning Ordinance or Regulations of the City of San Luis Obispo. (f) The words "public streets" or "streets" shall include all roads, streets, avenues, boulevards, alleys and parkways, or any portion thereof, of the City. (g) "Park Director`' shall mean the Director of Parks and Recreation of the City of San Luis Obispo. (h) The word "City" shall mean the City of San Luis Obispo, situated in the County of San Luis Obispo, State of California. SECTION 4300.3 Enforcing Authority The Director of Parks and Recreation, or his duly authorized representa- tive, shall be charged with the enforcement of this Ordinance. There shall be a standing committee established by the City Council of San Luis Obispo known as the Tree Committee. This Committee shall be made up of two (2) City Councilmen, one representative from Parks and Recreation Department, one representative from Engineering Department, one representative from Park and Recreation Commission and one representative from the general public who should be a tree authority. The Committee's responsibility shall review the fee schedule for planting of street trees in subdivisions. This Committee shall advise the Park Director and make recommendations to the City Council. SECTION 4300.4 Master Tree List The Tree. Committee appointed by the Council, in cooperation with the Director, is hereby charged with the duty of promptly determining the types and species of trees suitable and desirable for planting and the areas in which and conditions under which such trees shall be planted in or which may overhang the public streets within the City. The Tree Committee shall also recommend a Tree Planting Plan for setting forth the types of trees to be planted in different portions of the City and a recommended program of tree planting by the City. When such determination has been made the Tree Committee shall report their findings in writing to the City Council. When approved by the City Council, said reports shall be known as the Master Tree List and the Master Tree Plan, shall be placed on file in the office of the City Clerk, and shall thereafter be the official determination of the Tree Committee. Revisions or changes in said List or Plan may be made from time to time by the Tree Committee, in the manner described hereinabove. - 3 - The Master Tree List of the City, heretofore adopted, is hereby ratified and it, together with additions by the Director shall remain in effect until supplanted by subsequent approved and adopted amendments or lists. All new and replacement trees on the streets of the City shall be confined to trees from the latest Master Tree List, unless otherwise approved in writing by the Director of Parks and Recreation. SECTION 4300.5 Street Tree Plantln-q Plan Standards (a) The planting of trees in or within five feet (5) of the public street rights -of -way of the City shall be governed by general and specific tree planting plans approved by the Director. The plans shall be based upon the policies indicated in this article and upon the following standards. The Tree Committee shall evaluate types and varieties of trees on the tree planting list and the nature of the particular area to be planted and shall determine In their opinion the best tree planting plan for the area. (b) The Tree Committee shall be guided by and apply the following standards in formulating and approving a street tree plan. (t) Trees shall be listed on the Master Tree list except that other trees may be planted on an experimental basis in selected areas by the City. The purpose of the experimental planting shall be to determine the suitability of the trees for use on the streets of the City. Such experi- mental planting shall not exceed twelve tree plantings for any one species nor more than a total of thirty -six plantings for any twelve -month period. The approval of abutting property owners or occupants shall be obtained prior to planting. A successful experimental planting may remain in place and shall be deemed approved as a street tree. (2) The prime purpose of beauty, shade and /or wind protection shall always be observed. (3) The location of specific trees shall be at specified intervals with consideration given to avoiding or minimizing interference by the trees with existing or planned utilities, driveway approaches, street intersections and building exposures. (3a) Section 3200.36 of San Luis Obispo Municipal Code shall apply. (Engineering Code relating to obstructions at street corners.) (3b) No tree shall be planted within thirty -five (35) feet of any corner of any intersection unless approved by the Director of Parks and City Engineer. (4) Selection and spacing of a particular species of tree for a specific block, street, or section of the City shall be based upon the nature of the species and the width of the planting strip, soil conditions, zoning regulations, street patterns, building set - backs, utilities, and the availa- bility of the particular species. - 4 - (5) All trees hereafter planted in or within five (5) feet of the public street rights -of -way of the City must be on the Master Tree List, unless a written permit from the Park Director shall have first been obtained to plant a tree not on said list. Such permit shall set forth the type of tree, method of planting and maintenance, and any other conditions deemed proper by the Director for planting of such tree and the person obtaining such permit shall comply with all the terms and conditions therefor. (c) The Parks Department shall assume the responsibility of furnishing and planting all new City Street Trees. Subdividers of subdivisions shall be assessed a fee per lineal foot of street frontage per lot for this planting service. Said fee shall be established by the Tree Committee and approved by the Council. SECTION 4300.6 Street Tree Maintenance, Inspection The Director shall have supervision, direction and control of the care, trimming, removal, relocation and replacement of trees in the streets or public property owned or under the control of the City. It shall be unlawful for any person to so cut, trim, prune, spray, brace, or in any other manner to destroy or seriously damage any tree in the public street area or on property owned or controlled by the City. (a) It shall be the consistent purpose of the City to provide proper maintenance according to good municipal forestry practices for all trees growing along the City streets within five (5) feet of the public right -of -way. (b) Street trees throughout the City shall be removed by the Director if such trees are found by the Director to be dead, dying, or in a dangerous condition likely to cause damage. The City, at its own cost and expense and in accordance with the standards set forth will replace all trees so removed. (c) Upon discovering that any such trees are infected or infested with insects, pests, or disease, the Director shall cause such conditions to be treated, or if any trees are so infected or infested to such a degree that such conditions cannot be eradicated by treatment, the Director may order the removal and replacement of any such trees. (d) Street trees shall be maintained as follows: Surface roots of young trees in process of development shall be removed to prevent future sidewalk, curb, and gutter damage. Overhead limbs shall be pruned proportionately to compensate for root loss. Upon reaching maturity, trees shall be pruned or trimmed to not less than seven feet above the ground in residential areas, and to not less than ten feet above the ground in commercial areas. Small trees and young trees during the process of development shall be properly shaped and trimmed to provide adequate sidewalk and street clearance. - 5 - (e) In the event any tree, shrub, or plant in any street in the City, or any tree, shrub, or plant standing on any private property, overhanging or projecting into any street or public place appears to be dead, liable to fall, dangerous, an obstruction to public travel, or is not pruned or trimmed to not less than seven feet above a sidewalk in residential areas or ten feet in commercial areas, the Director may cause the same or such part or parts thereof as are dead, liable to fall, dangerous, or an obstruction to such public travel, or not so trimmed to be cut down, and if in the street, to be removed therefrom; provided that, except in case of manifest public danger and immediate necessity, no such trees or shrubs standing on any private property shall be completely cut down or removed unless ten days' notice in writing be given by the Director to the owner or occupant of such property. SECTION 4300.7 Removal of Trees (a) Private Property. Any tree growing on private property which is endangering or, in the opinion of the Park Director, constitutes danger to public streets or public places, or which in any way endangers the usefulness of a public sewer or public utility, shall be removed or trimmed by the owner of the property within fourteen (14) days after receipt of such notice from the Park Director. in the event the property owner fails to remove or trim such trees within said time, the Park Director may then remove or trim said tree and assess the cost thereof against the property owner. Ten (10) days prior notice of the hearing before the Council shall be given to the property owner and, upon confirmation by the Council, such cost shall become a lien on the property and the Resolution assessing such costs shall be recorded with the County Recorder's Office, or may be collected by court action. (b) It shall be unlawful for any person, firm partnership, corporation or other legal entity whatever, to remove, or cause to be removed, any tree from any undeveloped parcel of property without a permit, as provided herein. (c) Streets and Public Places. No tree shall be removed from any public street or property owned or under the control of the City of San Luis Obispo without the prior written consent of the Park Director. Such consent shall only be granted if the tree constitutes a hazard to property or persons using the adjoining streets, if its roots are causing excessive damage to the curb, gutters or sidewalks, or if it unduly interferes with the sewer system and public utilities. Any tree being removed for the benefit of the property owner shall be removed and replaced with an approved tree at the property owner's expense. (d) Any tree planted by the City in the City right- of-way or required by the City in the public right -of- -way after the effective date of this Ordinance, that must be removed because of type, growth habits or disease that do not meet future City standards, shall be removed at City expense and replaced at Director's discretion, subject to the availability of City funds. (e) Acceptable Reasons for City removal on streets and public places: (1) Dead trees. (2) Dying, decayed or hazardous trees. (3) Trees diseased beyond reclamation. (4) Trees that must be removed for sidewalk or curb repair. (5) Thinning to approved spacing. (f) Acceptable Reasons for Property Owner removal: (1) Trees directly in way of new sidewalks, curbs or driveway approaches. (2) Trees in way of house moving (undesirable species only). SECTION 4300.8 Removal of Trees without a Permit It shall be unlawful for any person, firm, partnership, corporation or other legal entity whatever, to remove, or cause to be removed, any tree from any undeveloped parcel of property without a permit, as provided herein. (a) Permits (1) Any person, firm, partnership, corporation or other legal entity, or agent of any such person desiring to remove one or more trees on any undeveloped parcel in the City of San Luis'Obispo shall apply in writing to the Director of Parks and Recreation for a permit. Said appli- cation shall contain the number and a plot plan showing the location of the trees to be cut or removed and a brief statement of the reason for removal, as well as, any other pertinent information the Director may require. On receipt of such application, the Director, will inspect the premises and determine which trees may be removed. (2) The determination of the Director shall be based upon the following criteria: (2a) The condition of the trees with respect to disease, danger of falling, proximity to existing or proposed structures and inter- ference with utility services. (2b) Necessity to remove trees in order to construct pro- posed improvements to allow economic enjoyment of the property. (20 Topography of the land and the effect of tree removal on erosion, soil retention and the diversion or increased flow of surface waters. - 7 - (2d) Number-of trees existing in the neighborhood on improved property. The Director shall be guided by the standards established in the neighborhood. (2e) Good horticultural practices, i.e., the number of healthy trees that a given parcel of land will support. The Director shall give priority of inspection to those requests based on hazard, danger or disease. The Director may also refer any request to another Department, Board, Commission, City Council or Committee for report or recommendation. In case of emergency caused by the tree being in a hazardous or dangerous condition, such tree may be removed by order (direction) of the Public Works Department. (b) Subdivisions (1) All subdivision maps for five or more lots filed for tentative approval shall designate clearly any trees upon the property. Any trees upon the property which are to be removed shall be clearly designated upon the tentative subdivision map. Tentative approval of the map by the Tree Committee shall constitute a recommendation to the Council to permit removal of any trees so designated. (c) Historic or Heritage Tree (1) Historic or heritage tree shall mean any tree existing within the city limits of San Luis Obispo which has been found by the Tree Committee to be a tree of notable historic interest or high value because of its age, type, size or historic associations and has been designated by resolution of the City Council, on advice of the Tree Committee, as an historic or heritage tree. All persons owning property upon which trees so designated exist shall be informed as to the status of these trees and the restrictions related to their care and removal. No tree designated as an historical or heritage tree shall be removed from the site without the prior approval of the Tree Committee. This shall include the site of a proposed subdivision or any undeveloped parcel. SECTION 4300.9 Subdivision Street Tree Planting The cost for planting and maintenance of street trees for one year in new subdivisions shall be borne by the subdivider as established Section 4300.5 (c) municipal Code (Tree Ordinance). This cost shall be determined from the official fee schedule of the City of San Luis Obispo. This fee shall be reviewed as necessary in order to adjust to planting and maintenance cost. The subdivider shall deposit the fee for planting and maintenance of street trees with the Department of Parks and Recreation as a condition of final acceptance of the official tract map. This deposit shall be placed In a special account to be used for the planting and maintenance of street trees. The Tree Committee shall, as soon as the basic sibdivision improvements are approved, determine the species of tree, the specific locations and any other pertinent information that may be required before the trees are planted. The trees shall be planted after these determinations are made. The subdivider shall be held responsible for any damage that occurs to any tree on the site where his construction is taking place during the period of time between planting of the street tree and final accpetance of the structure by the Planning and Building Department. Any damage to the trees shall be charged to the subdivider. Any tree that is destroyed in the process of construction shall be replaced with a tree of the same species and of the same size at the time that the tree was destroyed. The subdivider shall be responsible for all costs. SECTION 4300.10 Control of Trees on Easements All existing trees located within public easements shall be so maintained by the owner of the property so as to prevent the roots from interfering with public pipelines and the limbs and branches from interfering with utility lines. SECTION 4300.11 Property Owner Requests (a) A majority of the abutting property owners in a given block, street, or area of the City where tree planting is required may petition for the uniform planting of a tree variety of their own choice. Such petition shall be approved by the Director, provided the tree selection is made from the Official Street Tree List and the selection does not conflict with the standards above. (b) A petition bearing the signatures of not less than all of the property owners of any one block may be filed with the Director, requesting a change in the variety of trees in the planting strip adjacent to their properties. Such petition shall be approved by the Director, provided the tree selection is made from the Official Street Tree List and the selection does not conflict with the standards above. The work may be done upon city force account or a city contract upon public bids, provided that the estimated cost thereof has been previously paid by the property owners. The work may also be done upon a private contract made by the property owners, the terms of which have been previously approved by the Director. All work is to be under the supervision of the Director. SECTION 4300.12 Protection of Street Trees. Prohibitions (a) When determined by the Director that private plantings or instal- lations in planting strips are a hazard to the public or conflict with the approved tree planting plan, the Director shall have full authority to cause such hazard or detriment to be removed or eliminated. (b) No person shall, without a written permit from the Director, plant, remove, trim, prune, or cut any tree upon the streets, planting easements, or between the property line and the curb. Upon permission being granted to any person for the purpose of planting, trimming, pruning, cutting or removing any trees, such planting, trimming, pruning, cutting or removal shall be done under the general supervision of the Director. All stumps of such trees including underground portions to a depth to be specified by the Director shall be removed during such operations. (c) No person shall interfere, or cause or permit any person to inter- fere, with employees of the City who are engaged in the planting or maintaining, treating, or removing of any tree or plant in the streets or planting easements or in the removing of any stone, cement, or any substance in any such street, sidewalk, planting strip, alley, or other public place. (d) Willful injury to or disfigurement or destruction of any shade tree or ornamental plant growing within the City, whether situated upon private ground within the front set back or on any street, sidewalk, or public park or place, is a violation of this Ordinance. (e) No person shall: (1) Construct a concrete, asphalt, brick, or gravel sidewalk or otherwise fill up the ground area around any tree so as to shut off air, light, or water from the roots except under written authority from the Department of Public Works; (2) Pile building material, equipment or other substance around any tree so as to cause injury thereto; (3) Apply any deleterious matter on or around any tree, or on the ground around it or on any planting strip lawn or sidewalk; (4) Post any sign on any tree, tree - stake, or guard, or fasten any guy wire, cable, or rope to any tree, tree -- stake, or guard. (f) Tree - stakes or guards may be placed around trees by property owners, provided the same are placed near a tree for the purpose of protecting or training such trees under the direction of the Director. (g) No person shall plant any tree on any street of the City, the planting of which is contrary to a street tree plan established pursuant to this article or previous ordinances or code sections. - 10 - (h) All damage caused to street trees by house moving shall be paid by the mover in an amount equal to the value of the tree according to tree evaluation standards of the International Shade Tree Conference. Any tree removed shall be replaced at the mover's expense. SECTION 4300.13 Public Utilities Any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the State of California and any duly constituted public agency authorized to provide and providing utility service, shall be given a permit from the Director, valid for one year from the date of issuance, permitting such person to trim, brace, remove or perform such other acts with respect to trees growing adjacent to the public streets of the City or which grow upon private property to the extent that they encroach upon such public streets as may be necessary to comply with the safety regulations of said Commission and as may be necessary to maintain the safe operation of its business. SECTION 4300.14 Sidewalk, Curb and Gutter Determinations In all cases where root damage from City planted trees occurs to City sidewalks, curbs or gutters, the City shall remove or root prune the trees and replace the damaged concrete. It shall be the responsibility of a property owner to remove, at his own expense, trees directly in the way of new sidewalks, curbs, or driveway approaches. Any tree so removed shall be replaced, at the discretion of the Director, with an acceptable tree from the Master Tree List at the Property owner's expense. The installation of both integral and detached sidewalks within the same block will be allowed when upon determination by the Park Director and City Engineer that the change within the block is necessary to preserve a desirable tree that is at least four inches in diameter, a distance of two feet above ground level, provided a minimum sidewalk width of four (4) feet can be constructed. SECTION 4300.15 Appeals Any person aggrieved by any act or determination of the Park Director in the exercise of the authority herein granted shall have the right to appeal to the City Council of the City, whose decision shall be final and conclusive. An appeal shall be in writing, stating the decision appealed from and reasons for the appeal and, in the case of a decision requiring notice, shall be filed within ten days of service of the notice. The matter shall be set for hearing not less than ten nor more than sixty days after the filing of the appeal. SECTION 4300.16 Decisions on Validity If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. SECTION 4300.17 Non - Liability of City Nothing in this article shall be deemed to impose any liability upon the City, or upon any of its officers or employees, nor to relieve the owner and occupant of any private property from the duty to keep trees and shrubs upon private property, or under his control, or upon sidewalks and parking strips in front of such private property in safe condition. 5.16 FINALLY PASSED this 1st day of March 19 71 by the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz :DOES: Noes ABSENT: Noes ATTEST: ITY CLEZ: