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HomeMy WebLinkAbout0890W ORDINANCE NO. 890 (1981 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AM MING ARTICLE IV, CHAP'II;R 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 of the San Luis Obispo Municipal Code hereby is amended to read as follows: "SECTION 4300.1 Street Tree Policy Purpose and Intent It is hereby declared that the public interest and welfare requires that ��O-/ 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, to purify the air, to provide shade and wind protection, and to preserve trees with historic or unusual value, 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, implment 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 Chapter, unless a different meaning is clearly required by the context, shall.have the following meanings: a. DIRECTOR shall mean the Director of Public Services or his designated representative. b. HERITAGE TREE shall mean any tree existing within the City limits which has been designated as such by resolution of the Council. It shall have been found by the 0 890 14 Ordinance No. 890 (1981 5es) City to be a tree of notable historic interest of association, or of high value type or size. c. MAINTAIN or MAINTENANCE shall mean the entire care of trees as well as the preparation of ground and fertilizing, mulching, trimming and watering. d. PLANTING shall mean new planting and replacement planting. e. PLANTING STRIP shall mean.the area available for planting between the street curb, or 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. 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 42 feet above the ground;; 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 but has not yet attained the stated size, h.UNDEVELOPE?D 'PARCEL .ahail mean any property or portion thereof which has not been previously developed to the full extent, permitted. by the zoning classification 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 use. SECTION 4300.3 Enforcing Authority The Department of.Public Services shall be responsible for enforcenent of this Chapter. The.Conu=dty Development Department shall accept applications for tree rewval and planting in conjunction with building.permits, and shall.process them through the Public Services Department. If a request for a tree removal is received as part of a new subdivision or a 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 -2- Ordinance No. 890 (1981 Series) may be appealed to the City Council, in accordance with the provisions of Article 1, Chapter 4 of this Code. SECTION 4300.4. Ma.s ter Tree List The Tree Committee, with.the assistance of the Public Services Department, shall develop,,and maintain a "Master 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 types and species of trees suitable and desirable for planting in certain areas, and the conditions under which such trees shall be planted. Revisions or changes in the list may be made from time to time by resolution of the City Council. SECTION 4300.5 Tree - Planting Program The Tree Committee, with the assistance of-the Public Services Department, shall recommend a "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 types of trees . to be planted .in, ' different w-reas of the City and recommend a program of tree planting. Revisions or changes in this plan may be made by. resolution, of .the City .Council. ,,- SECTION 4300..6 Street .Tree Planting and Maintenance Standards (a) The Public Services department, 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. Said policies and standards may be revised by resolution of the Council. (b) The City shall provide maintenance for street trees only in downtown commercial areas and on major streets. In all other areas, the City shall not conduct but shall control planting, maintenance and removal of street trees and shrubs which might affect the public right-of-way. The occupant or owner of a property shall be responsible for the maintenance of street trees on the property and in the City right -of -way abutting the property. The City will provide maintenance service only in emergency situations. -3- Ordinance No. 890 (1981 Series) SECTION 4300.7 Rrnoval of Trees (a). It shall be unlawful for any. person to rEmve, 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 endangering or, in the opinion of the Director, constitutes danger to public streets or public places, or which in anyway 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 a notice from the Director. In the event the property owner fails to rEmve.or. trim said tree(s), the City will donduct the work and assess the property owner. Ten days prior to a hearing'before the City Council, notice shall be given to the property owner. Upon confirmation of the assessment 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. The assessment may be collected by court action. In the case of an emergency caused by a tree in a hazardous or dangerous condition, such tree may be removed by order of the Director. (c) Streets and Public Places: No trees shall be removed from any public street, or from property owned or under the control of the City of San Luis Obispo, without 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 street; if its roots are causing excessive damage to curbs, gutters or sidewalks; or if it unduly interferes with the sewer system or 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 the City determines. must be removed because of type, growth habits, disease or which in the future does not meet City standards, shall be removed and replaced at.City expense. -4- Ordinance No. 890 (1981 Series) (e) Acceptable.reasons.for.removal of a tree shall include: 1) The tree is dead,,dying,,.decaygd,,diseased beyond reclamation or.hazardous; 2) Obstruction to curb, gutter or sidewalk repair or construction; 3) Interference with existing utilities, or danger because of tree's proximity to existing structures; 4) Obstruction to proposed improvements.so as to.restrict economically feasible use of the property; 5) Crowding where good horticultural practices dictate removal of some trees ;. 6) Interference with house moving. Also to be.considered are the existing topography of the land and the effect of the proposed ti-ee removal on erosion,.soil retention, and the diversion or increase of flow of surface waters.. The existing trees in.a neighborhood shall be considered, especially if tree planting standards have been established for that neighborhood. (f) Heritage Trees: All persons owning property upon which exist "Heritage Trees ", as defined in Section 4300.2, shall be informed as to the status of the trees and the restrictions.related to the care and removal of such trees. No designated heritage tree shall be moved or removed without the prior approval of the City Council. Notice of'Council designation of a heritage.tree shall be recorded in the Office. of the County.Recorder. SECTION 4300.8 Removal.of Trees - Permits (a) Applicants for tree removal permits are encouraged to confer with the Public Services Department staff regarding a site review before preparation of detailed site plans. (b) Any persons, or agents of any such persons, wishing 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. Any parcel of property which is being -5- Ordinance No. 890 (1981 Series) used for single-family residence purposes, and not then being developed for a more intensive use, shall be exempt from the permit requirement. A permit application shall contain.a plot plan showing the location and type of trees proposed to be.removed, a brief statement of the reason for removal, and any other pertinent information that the City may require. On receipt of such application, the City shall inspect the.site to determine which trees may be removed and either issue or deny the permit. (c) The determination for a tree removal permit 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 persons, or agents of any such persons, wishing 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 with their applications to the Department of Community Development a plan showing the.location and type of.any trees proposed to be removed, a brief statement of the reason for removal.and any other pertinent information that the Department may require. On receipt of such application, the Department of Community Development shall forward the.appropriate . information.to the Department of Public Services and request an inspection of the site and a technical recommendation on the health, value, ease of relocation and susceptibility of the..trees to damage. To assist in making this recommen- dation, the Tree Committee may be called into session. If 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 reasons, the tree removal permit will not be issued. SECTION 4300.9 Subdivision Street Tree Planting Street trees shall be required as a condition of subdivisions and building permits. The Policies and Standards for Street Tree Planting and Maintenance shall be followed in all instances. Ic 4 Ordinance No. 890 (1981 Series) (a) Subdivisions: There are two alternatives for street tree planting in a subdivision. The manner in which. the subdivision is built out will determine which alternative is used. Alternative I —Lot Subdivision:. Trees .rill be planted by the City over a period of years, as the subdivision is built out. The trees will be planted just prior to occupancy of each hone. The subdivider shall develop and provide a plot map of the subdivision, showing all utilities, driveways, etc., and proposed tree locations. The developer shall pay a fee to.cover purchase of street trees, planting and a one -year maintenance period_. This fee shall be determined by staff and reviewed annually. Alternative II — Housing Subdivision: When homes in the subdivision are built out by the dev -6loper, the street trees will be planted prior to final acceptance of the subdivision.and.shall be maintained by the developer for one year thereafter. (b) Building Permits (other than new subdivisions): The planting of street trees shall be. required as a condition of any building permit and may be required as a condition -.of a us^e permit, variance or other city entitlement. SECTION 4300.10 Control. of Trees on Easements All existing trees and shrubs within public easements shall be so maintained by the owner of the property as to prevent roots from interfering with public pipelines and limbs or branches from interfering with utility lines. This section is not meant to preclude plantings in easements. SECTION 4300.11 •Property Owner Requests (a) The 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 request shall be granted by the Director if the tree selection is made from the adapted Master Tree list and doesnotrconflict with adopted city standards. - -7- Ordinance No. 890 (1981 -ies) (b) A petition bearing the signatures of at least one.owner of each and-every property in any one block may be filed with the Director, requesting a change in the variety of trees in the planting strips adjacent to their properties. Such request shall be granted by the Director if the tree selection does not conflict with adopted city standards. The property owners shall pay, in advance, 5TI� of the total cost of the tree replacement planting, and the work may be accomplished by city forces or by city contract upon public bid. The property owners may alternatively choose to contract privately for the new planting, provided such contract is approved by the Director. All work, in any case, is to be under the supervision of the Director, and the City - shall. pay- -the - remaining -50% of the total.c'ost. Upon completion of the work, the final cost figure may require adjustment. SECTION 4300.12 Protection of Street Trees (a) When it is determined by the Director that private plantings in planting= strips are a•hazard to-the public or.ri-conflict.with anproved.'city standards,' the Director:. shall - have full authority to cause such plantings to be removed. (b) No person shall plant, remove, trim, prune or cut any street tree unless such work conforms with all city regulations and standards. (c) No person shall interfere, or cause any other person to interfere, with employees of the city who are engaged in the planting, maintaining, treating or removing of any street tree or removing any material detrimental to the tree. (d) It is a violation of this Chapter for any person to willfully injure, disfigure, or destroy any tree growing within the city, regardless,.._ of the tree's location in the public right -of -way, on public property, or elsewhere within the jurisdiction of this ordinance. (e) No person shall: (1) Construct a coricrete,asphalt, brick or gravel sidewalk, or otherwise fill up the ground area near any tree, which is within the jurisdiction of this ordinance, so as to shut off air,, light or water from the roots, except under written authority from the Department of Public Services: ,(2) Place building material, equipment or other harmful substance near any tree so as to cause injury thereto; -8- 'Ordinance No. 890 (1981 Series) 3) Post any sign on any street 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 street trees by property owners for the purpose of protecting or training the trees, with the approval of the Director. (g) No person shall plant any street tree except according to policies, regulations and specifications established pursuant to this Article or any currently applicable ordinances.or code sections. (h) Costs of all damage caused to street trees or,xemoval.of a street -tree, shall be paid by the person deemed. responsible in the _-amount equal =_ to the value of the tree as established by tree evaluation standards of the International Shade Tree Conference. SECTION 4300.13 Public Utilities Any company doing business as a puulig utility under 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 by the Director, valid for one year from the date of issuance, allowing such company or agency to trim, brace, remove or perform such other acts with respect to trees.which are growing adjacent to the public streets or which grow upon private property.. This permission.covers trees which encroach upon public streets or which .require attention necessary for compliance with public safety regulations. SECTION 4300..14., Sidewalk, Curb-and Gutter Determinations and Maintenance (a) In all cases where root damage occurs to.city sidewalks, curbs, gutters or driveway ramps from trees planted.within the public street or right -of -way, the City shall remove or root -prune the tree and replace the damaged concrete. (b) In all cases-where root damage occurs to city sidewalks, curbs, gutters or driveway ramps from trees planted,outside the public right -of -way, the property n Ordinance No., 890 (1981 Series) owner shall be ,responsible for removal or root - pruning of the trees and replacement of the damaged concrete. (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. (d) The installation of both integral and detached sidewalks within the same block will.be allowed when the City Engineer has determined that the change within the block is necessary to preserve a desirable tree, provided a minimum sidewalk width of four (4) feet can be constructed. (e) It shall be the property owner's responsibility to maintain all trees, shrubs and.. other growth that is within the public right -of xaay or adjacent to city improvements, i.e.., sidewalks,..curbs, utility right -of -way, etc. (f) The City shall establish a posting program in accordance with the Streets and Highways Code, Improvement Act of 1911, Sections 5610 -5618, in order to protect the citizens.and.city property with regard to trees, shrubs and other plant material adjacent to city improvements. SECTION 4300.15 Awls 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 Ccxmmmity Development Departments, in the exercise of the authority herein granted, shall have the right to appeal to the Tree Committee, whose decisions are appealable to the City Council. SECTION 4300.16 Non- Liability of City No 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 or occupant Ordinance No. 890 (1981 Series) of any private property from the duty to keep in safe condition any trees and shrubs upon his private property or upon sidewalks and planting strips in front of his property." SECTION 2. This Ordinance, together with the ayes and noes, shall be published once in full, at least three (3) 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 (30) days after its said final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the 16th day of Councilman Settle following roll call vote: June , 1981, on motion of seconded by Councilman Dunin . and on the ASS: Councilmembers Settle, Dunin, Dovey, Bond and Mayor Billig NOES: None ABSENT: None ATTEST: _ v _ CITY CLE PAM VOLES M I • \ / j!! Ort� iii �ff4ati'il 10fficer City Attorney Director of Public Services I\ I\ I\ I\ I\ -11- A � i � � ! � . , ' ORDINANCE NO. 890 (1981 Series) FINALLY PASSED this 7th day of July , 1981, on motion of Councilman Settle , seconded by Mayor Billig and on the following roll call vote: AYES: Councilmember Settle, Mayor Billig, Councilmembers Bond, Dovey, and Dunin NOES: None ABSENT: None r May r lanie C. Billig ATTEST: i City C erk amela'Voges