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HomeMy WebLinkAbout0695ORDINANCE NO. 695 (1977 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING ARTICLE IV, CHAPTER 3 OF THE MUNICIPAL CODE, TREE REGULATIONS. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Article IV, Chapter 3, Sections 4300.2 through 4300.9 of the Municipal Code are hereby amended to read as follows: SECTION. 4300.2. 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 shall mean the Director of the Public Services Department or his designated representative.; b. HERITAGE TREE shall mean any tree existing within the City limits which has been found by the City to be a tree of notable historic interest or association, or of high value type or size, and which has been designated by resolution of the Council as such. c. MAINTAIN or MAINTENANCE shall mean the entire care of trees in planting strips, as well as the preparation of ground, fertilizing, mulching, and watering, unless specifically so stated. d. PLANTING shall mean planting and replacement. e. PLANTING STRIP shall mean the area available for planting between the street curb, or place where the curb should be and the property line. f. STREET TREE shall mean any tree within the public street or right of way or within five (5) feet of the right of way. a g. TREE shall mean any woody plant characterized by having a single trunk of at least three (3) inches in diameter at a height of 4 1/2 feet above the ground, or a multi- stemmed trunk system with a more or less definitely ktm 2/9/77 -1- " Ordinance No. 695 (1977 Series) formed crown. This shall also include any "tree" that has be.en placed by the City that has not yet attained the stated size. h. UNDEVELOPED PARCEL shall mean any property or portion thereof which has not been previously developed to the full extent permitted by the zoning classifi- cation then in effect for said parcel, excepting those parcels of property which are being used for single family residence purposes and are not then being developed for a more intensive asP. SECTION 4300.3. Enforcing Authority. The Department of Public Services shall be responsible for enforcement of this Chapter. The Community Development Department shall accept.applications for tree removal and planting in conjunction with building permits, and process them through the Public Services Department. If 'a request for a tree removal is received as part of a new subdivision or property development proposal, permission shall be granted or denied along with the other- entitlements for that proposal. The staff of these departments shall make the determinations necessary for granting or denying such a request. Such a decision may be ' appealed to the Tree Committee whose decisions may be appealed to the City' Council in accordance with the provisions of Article I, Chapter 4 of this Code. The City Council shall appoint a TREE COMMITTEE to advise the City staff in the administration of this Chapter, and to make recommendations to the City/' Council and staff concerning policies and regulations for trees within the City. Said Committee shall assist staff in preparing the Master Tree List and Tree Planting Plan as provided in Sections 4300.4 and 4300.5. Aside.from these tasks,: the Tree Committee shall meet and act only when staff request its advice, or on an appeal of a staff decision by an applicant. Said Committee shall be composed of the following members:. ktm 2/9/77 -2- rev. 3/8/77 Ordinance No. 695 (1977 Series) One representative of the Park $ Recreation Commission; and Two representatives of the general public, one of whom shall be a horticultural expert. Members of the Tree Committee shall serve for the tenure of the Committee. SECTION 4300.4. Master Tree List. The Public Services Department, with the approval of the Tree Committee, shall produce and maintain a list of the types and species of trees suitable and desirable for planting and the areas and conditions under which such trees shall be planted in, or which may overhang the public streets, which shall be known as the "Master Tree List." The Master Tree List shall be adopted by Resolution of the Council and shall be maintained on file in the Office of the City Clerk. Revisions or changes in said list may be made from time to time by resolution of the Council. SECTION 4300.5. Tree Planting Plan. The Public Services Department, with the approval of the Tree Committee, shall 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 which shall be known as the "Tree Planting Plan." The Tree Planting Plan shall be adopted by resolution of the Council and shall be maintained on file in the Office of the City Clerk. Revisions or changes in said list may be made from time to time by resolution of the Council. ktm 2/9/77 _3_ rev. 3/8/77 Ordinance No. 695 SECTION 4300.6. (1977 Series) Street Tree Planting and Maintenance Standards. The Public Services Department with the approval of the Tree Committee, shall produce and maintain policies and.standards for street tree planting. and maintenance policies and standards for street tree planting and maintenance which shall be adopted by resolution of the Council. Revisions to said policies and standards may be made from time to time by resolution of the Council. SECTION 4300.7. Removal of Trees. (a) It shall be unlawful for any person to remove, or cause to be removed, any tree from any undeveloped parcel of property without a permit, as provided in Section 4300.8. (b) Private Property: Any tree growing on private property which is endan- gering or, in the opinion of the 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 Director. In the event the property owner fails to remove or trim such tree(s) within said time, the Director may then remove or trim said tree(s) 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. In case of an emergency caused by a tree in a hazardous or dangerous condition, such tree may be removed by order of the Director. ktm 2/9/77 -4 -- Ordinance No. 695 (1977 Series) (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 with - out= the prior written consent of the City. 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 curbs, 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 public right of way, or required by the City in the public right of way by provisions of this Chapter, that must be removed because of type, growth habits, or disease which does not meet future City standards, shall be removed at City expense and .replaced, subject to the availability of City funds. is: (e) Acceptable reasons for removal of a tree shall include a tree that (1) Dead; (2) Dying, decayed or hazardous; (3) Diseased beyond reclamation; (4) Obstructing curb, gutter or sidewalk repair, or in the way of new sidewalk, curb and gutter for which an exception to standard design is determined by the Director to be inconsistent with established policies and standards for street tree planting and maintenance; (5) In dangerous proximity to existing structures, or interfering with existing utilities; (6) Obstructing proposed improvements so as to restrict economic enjoyment of the property; (7) Crowded, and good horticultural practices dictate thinning; (8) In the way of house moving (undesirable species only). ktm 2/9/77 rev. 3/8/77 -5- Ordinance No. 695 (1977 Series) Also to be considered is the existing topography of the land and the effect of the proposed tree removal on erosion, soil retention, and the diversion or increased flow of surface waters. The existing trees in the neighborhood shall -be considered, especially if tree planting standards have been estab- lished for that neighborhood. These criteria do not apply if the subject tree is of high value, desirable type or size, or of historical significance. (f) Heritage Trees: All persons owning property upon which "Heritage Trees" exist, as defined in Section 4300.2, shall be informed as to the status of the trees, and the restrictions related to their care and removal. No tree designated as a heritage tree shall be removed from the site without the prior approval of the City Council., Such information shall also be recorded with the deed for such property at the Office of the County Recorder. SECTION 4300.8. Removal of Trees. Permits. (a) Applicants are encouraged to confer with Public Services Department personnel for a site review prior to preparing detailed site plans. (b) Any person or agent of any such person desiring to remove one or more trees from any undeveloped parcel in the City, when said removal is not a part of or preparation for the further development of that property, shall apply in writing to the Public Services Department for a permit. Those parcels of property which are being used for single family residence purposes and are not then being developed for a more intensive use shall be exempt. Said application shall contain a plot plan showing the location and type of trees to be removed, and a brief statement of the reason for removal, as well as any other pertinent information that the Director may require. On receipt of such application, the Director shall inspect the site, determine which trees may be removed, and either issue or deny the permit. ktm 3/8/77 rev. -6- Ordirancc 'No. 695 (1977 Series) (c) The determination for tree removal permits shall be based on the criteria outlined in Section 4300.7(e), and any such determination may be appealed in accordance with the provisions of Article I, Chapter 4 of this Code. (d) Any person or agent of any such person desiring to remove one or more trees from any undeveloped parcel in the City, when said removal is proposed as part of the development of a•property by subdivision, building permit, or other entitlement, shall include as part of his applications to the Department of Community Development, a plan showing the location and type of the trees to be removed, and a brief statement of the reason for removal, as well as any- other pertinent information that the Department may require. On receipt of such application, the Department of Community Development shall forward the information to the Department of Public Services for an inspection of the site and a technical recommendation on the health, value, ease of relocation, and susceptibility to damage of the tree(s). In making this recommendation, the Tree Committee may be called into session. If such a tree removal permit is then approved, the permit will be issued at the time other. entitlements are issued for the project. If the other entitlements are denied for any reason, the tree removal permit will not be issued. SECTION 4300.9. Subdivision Street Tree Planting. The planting of street trees shall be required of an applicant as.a condition of approving subdivision and minor subdivision maps, and issuing building permits for work in excess of two times the current county assessed value of the property. Trees shall be maintained by the applicant in accordance with approved City policies and standards between the time the trees are actually planted, and subsequent formal approval of the planting and acceptance by the City. ktm 2/9/77 rev. 3%8/77 Ordinance No. 69S (1977 Series) The City will maintain the trees after approval of the installation and formal acceptance by the City. Formal approval shall coincide with final acceptance of the subdivision or final building inspection by other City departments. SECTION 2. Article IV, Chapter 3, Section 4300.12 of the Municipal Code is hereby amended to read as follows: SECTION 4300.12. Protection of Street Trees. Prohibitions. (a) When determined by the Director that private plantings or installations in planting strips are a nazard 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 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 interfere, 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 setback or on any street, sidewalk, or public park or place, is a violation of this Chapter. ktm 2/9/77 -�- Ordinance No. 695 (e) No person shall: (1977 Series) (1) Construct a concrete, asphalt, brick, or gravel sidewalk or other- wise 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 Services; (2) Pile building meterial,.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 plan established pursuant to this article or, previous ordinances or code sections. (h) All damage caused to street trees by house moving or demolition shall be paid by the mover or demolisher 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 or demolisher's expense. SECTION 3. Article IV, Chapter 3, Sections 4300.14 and 4300.15 of the Municipal Code are amended to read as follows: SECTION 4300.14. Sidewalk, Curb and Gutter Determinations. In all cases where root damage from City planted trees occurs to City side- walks, curbs, or gutters., the City shall remove or root prune the trees and replace the damaged concrete. ktm 2/A/77 -Q • Ordinance No. 695 (1977 Series) 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 ap- proaches. Any tree so removed shall be replaced 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 Director of the Com- munity Development Department that the change within the block is necessary to preserve a desirable tree that is at least three (3) inches in diameter.a distance of 4 1/2 feet above ground level, provided a minimum sidewalk width of four (4) feet can be constructed. SECTION 4300.15. Appeals. In accordance with the provisions of Article I, Chapter 4 of this Code, any person aggrieved by any act or determination of the staff of the Public Services or Community Development Departments in the exercise of the authority herein granted, shall have the right of appeal to the.Tree Committee, whose decisions are appealable to the City Council. SECTION 4. Section 4300.16 of Article IV, Chapter 3 of the Municipal Code, entitled "Decisions on Validity" is hereby repealed. SECTION 5. This Ordinance, together with the ayes and no.es, shall be published once in full, at least three days prior to its final passage, in the Telegram - Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty days after its said final passage. ktm 2/9/77 _10- 1 ,rr FINALLY PASSED this 15th day of March 19 77 , by the following roll call vote: AYES: Councilmen Graham, Petterson and Mayor Schwartz NOES: None ABSENT: Councilmen Gurnee and Norris ATTEST: TY CLERK J.H. Fitzpatrick. Ordinance No. 695 (1977 Series) INTRODUCED AND PASSED TO PRINT by the'Council of the City of San Luis Obispo at a Regular Meeting thereof held on the 15th day of February , 1977, on motion of Councilman Petterson, seconded by Mayor Schwartz and on the following roll call vote: AYES: Councilmen Gurnee, Norris, Petterson and Mayor Schwartz NOES: Councilman Graham ABSENT: None ATTEST: Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILL City Attorney • ^ %. By Allen Grimes F] Approved as to content: City Administrative Off r ublic Services Direc or ktm 2/9/77 -11-