HomeMy WebLinkAboutO-1664 amending section 12.24.030 and replacing sections 12.24.090 and 12.24.180 of the City’s Municipal Code relating to tree removal
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ORDINANCE NO. 1664 (2019 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING SECTION 12.24.030 AND
REPLACING SECTIONS 12.24.090 AND 12.24.180 OF THE CITY’S
MUNICIPAL CODE RELATING TO TREE REMOVAL
WHEREAS, the City Council of the City of San Luis Obispo relies upon the advice of its
advisory bodies; and
WHEREAS, the Tree Committee, with the assistance of the City Arborist and City Staff,
reviewed the existing Municipal Code for possible modifications that would enhance the urban
forest, protect private property rights, and reduce overall City liability; and
WHEREAS, after said review, the Tree Committee conducted a regular public hearing on
February 25, 2019 for the purpose of reviewing recommended amendments to Section 12.24.030
and replacing sections 12.24.090 and 12.24.180 of the Municipal Code; and
WHEREAS, on June 24, 2019 the Tree Committee conducted a regular public hearing for
the purpose of finalizing recommended amendments to Section 12.24.030 and the replacement of
Sections 12.24.090 and 12.24.180 of the Municipal Code to be recommended to the City Council
of the City of San Luis Obispo; and
WHEREAS, the City Council of San Luis Obispo conducted a public hearing in the
Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on July 2, 2019, for
the purpose of introducing an Ordinance based on the recommendations of the Tree Committee to
amend Section 12.24.030 and replace Sections 12.24.090 and 12.24.180 of the City’s Municipal
code relating to tree removal; and
WHEREAS, after review of the information gathered by staff during public hearings, staff
recommends the draft amendments to Section 12.24.030 and draft replacement of Sections
12.24.090 and 12.24.180 of the City’s Municipal Code.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein
as the findings of the Council by this reference.
SECTION 2. Section 12.24.030 of the City’s Municipal Code is hereby amended to add
the following definitions of, “Public Traffic”, “Discretionary Development Permit”, and
“Ministerial Development Permit”.
1. “Public Traffic” means all motorized vehicles, bicycles, pedestrians, and personal mobility
devices in and along the public right of way.
Ordinance No. 1664 (2019 Series) Page 2
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2. “Discretionary Development Permit” means a permit issued for any project which
requires the exercise of judgment or deliberation by a public official to approve or
disapprove an activity, as distinguished from merely determining whether there has
been compliance with applicable laws or regulations.
3. “Ministerial Development Permit” means a construction or development permit
required to be issued by the City upon confirmation that the project application
meets minimum statutory or code requirements and other adopted, uniform
standards, the review of which requires little or no personal judgment by the
reviewing public official as to the wisdom or manner of carrying out the project,
such as the review and issuance of most building permits. For purposes of this
Chapter, the discretionary act of issuance of a tree removal permit does not
redefine an otherwise Ministerial Development Permit into a Discretionary
Development Permit.
SECTION 3. Section 12.24.090 of the San Luis Obispo Municipal Code is hereby
repealed and replaced to read as shown in Exhibit A, attached hereto and incorporated herein by
this reference as though set forth in full.
SECTION 4. Section 12.24.180 of the San Luis Obispo Municipal Code is hereby repealed
and replaced to read as shown in Exhibit B, attached hereto and incorporated herein by this
reference as though set forth in full.
SECTION 5. Environmental Review. The proposed ordinance is exempt from the
environmental review requirements of the California Environmental Quality Act (CEQA) pursuant
to Section 15061(b)(3) of Title 14 of the California Code of Regulations because the proposed
changes are clarifications and enhancements of existing, longstanding regulations relating solely
to procedural requirements for the review of tree removal requests and it can be seen with certainty
that there is no possibility that the activity may have a significant effect on the environment.
Further, the ordinance is exempt from CEQA on the separate and independent ground that it is an
action of the City for the protection of the environment because, among other things, it will
enhance the process for Tree Committee review of removal requests, it will enhance the scope and
quality of the information utilized in tree removal determinations, and it will require compensatory
replacement of any trees approved for removal. Thus, the proposed ordinance is categorically
exempt from the requirements of CEQA under Section 15308 of Title 14 of the California Code
of Regulations.
SECTION 6. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at
the expiration of thirty (30) days after its final passage.
Ordinance No. 1664 (2019 Series)
Page 3
INTRODUCED on the July 2, 2019, AND FINALLY ADOPTED by the Council of the
City of San Luis Obispo on the July 16, 2019, on the following vote:
AYES: Council Members Christianson, Gomez, and Stewart,
Vice Mayor Pease and Mayor Harmon
NOES: None
ABSENT: None
ATTEST:
1
Teresa Purrington
City Clerk
OVER AS
J. C7rstine D
Ci Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and a fixed the official seal of the City
of San Luis Obispo, California, this 1131--- day of j
N
eresa Purrington
City Clerk
01664
Ordinance No. 1664 (2019 Series) Page 4
EXHIBIT A
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Exhibit A - Section 12.24.090 – Tree Removal
A. Policy. The city values trees as an important part of the natural, urban and economic
environment and efforts shall be made to protect, preserve, and create the conditions that will
promote the preservation of trees. When reviewing requests for tree removal permits, the city shall
discourage removing healthy trees that present no threat to people or property.
B. Permits for Removal. Except as otherwise specified in this chapter, no person shall cut down,
remove or destroy any tree, or cause the cutting down, removal or destruction of any tree, unless
that person has obtained a tree removal permit issued by the approving authority.
C. Permit Not Required. Removing a tree in R-1 and R-2 zones does not require a permit if all of
the following conditions exist:
1. The tree is a designated native species and the trunk is less than ten inches in diameter as
measured by Diameter Standard Height (DSH, four feet, six inches per International
Society of Arboriculture (ISA) standards). (see Section 12.24.030, Definitions; native
trees) or when the tree is nonnative and the trunk is less than twenty inches DSH; and
2. The tree is not located within a creek setback area (See Section 17.70.030); and
3. The tree is not a designated street tree, and is not located within ten feet of the back of the
sidewalk; and
4. Planting or retention of the tree was not a condition of development; or
5. The tree is a palm and the trunk is less than twelve inches DSH.
D. Application Requirements for a Tree Removal Permit
1. An application for a tree removal permit on a site where no Discretionary or Ministerial
Development Permit is requested shall include:
a. A site plan showing the location, species and size of any tree proposed for removal;
and
b. A photo log that clearly shows the damage a tree is causing or the condition for which
removal is requested; and
c. A diagram or site photograph showing each tree identified to be removed with each
tree uniquely identified by number; and
d. All information to support the reason for removal; and
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EXHIBIT A
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e. A replanting plan showing the size, location and species of trees identified to be planted
to compensate for proposed removal in compliance with Section 12.24.090(J); and
f. Any other information deemed necessary by the Director of Public Works or the
Director of Community Development to evaluate the proposed removal in accordance
with the criteria set forth in Section 12.24.090(E).
2. An application for tree removal on a site where a Discretionary or Ministerial Development
Permit is requested shall include the following information, in addition to application
materials identified in Section 12.24.090(D)(1):
a. An arborist report that identifies and discusses each tree within the development
footprint (including, but not limited to, structural development, grading, staging areas,
ground cover removal, changes in drainage patterns, and associated off-site
improvements) including those trees proposed for removal and those trees that will
remain. An arborist report may not be required for tree removal(s) proposed on a
single-family residential site for which only a Ministerial Development permit for
construction related to a single-family residence is requested;
b. A site plan that includes accurate drip line delineation and cross sections of
construction work impacting both trees proposed for removal and trees planned to
remain;
c. Any other information deemed necessary by the Director of Public Works or the
Director of Community Development to evaluate the proposed removal in accordance
with the criteria set forth in Section 12.24.090(G).
d. The tree removal application materials shall be provided at the same time and in
addition to the development permit application but may reference the development
permit application to provide the information required by this Section.
3. As a condition of authorizing tree removal(s), the approving authority may require the
development and implementation of a site-specific tree protection plan that shall be
submitted to the City Arborist for review and approval prior to issuance of a tree removal
permit.
E. Criteria and Process for Non-Construction Related Tree Removal application determinations
related to Tree Health or Hazard Mitigation or Property Owner Convenience, (refer to Section
12.24.090(G) for criteria for construction tree removal determinations).
1. The City Arborist may authorize a tree removal upon receipt of a removal application
pursuant to Section 12.24.090(D) and issue a tree removal permit upon determination of
any of the following circumstances:
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EXHIBIT A
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a. The tree is an imminent hazard to life or property, and removing it is the only feasible
way to eliminate the hazard (see Section 12.24.090(I)(2) for Director approval of
immediate hazard abatement without a formal application or noticing; removals
pursuant to this Section(1)(a) and Section (I)(2) are not appealable)
b. The tree is dead or dying or diseased or damaged beyond reclamation;
c. The tree’s roots are causing severe damage to public or private property, and removing
the tree is the only feasible way to eliminate the damage;
d. The tree is affected by structural defects and/or deficiencies that will limit lifespan;
e. The tree is densely clustered amongst other trees and the requested tree removal
promotes good arboricultural practice;
f. The tree is obstructing vision, access, or mobility of public traffic (see
Section 12.24.030, Definitions; public traffic). Trees requested for removal due to
sidewalk infrastructure damage shall have lower preservation priority when the tree
species is known to have invasive root structures that increase the likelihood that
damage will recur if the tree is not approved for removal and where trees requested for
removal are adjacent to sidewalks with a high volume of pedestrian use and/or with
large vertical or slope displacements;
g. The requested tree removal is necessary to alleviate a demonstrated and ongoing
maintenance burden for the property owner exceeding routine tree maintenance.
2. The City Arborist will either approve, conditionally approve, or deny the application for
tree health or hazard mitigation based on findings regarding the criteria set forth in Section
12.24.090(E)(1). The City Arborist’s determination under this Section is appealable to the
Tree Committee pursuant to Section 12.24.180. The Tree Committee’s decision also shall
be based on findings regarding the criteria set forth in Section 12.24.090(E)(1).
3. Tree removal requests based on property owner convenience shall be subject to Tree
Committee review in accordance with the process set forth in Section 12.24.090(F)(2), the
relevant additional application requirements set forth in Section 12.24.090(D)(2), and the
criteria set forth in Section 12.24.090(G).
4. All other tree removals not specified in this Section on any site for which a Ministerial
Development Permit is sought shall be subject to Tree Committee or other discretionary
review related to the Discretionary Development Permit requested and approval in
accordance with the additional application requirements set forth in Section
12.24.090(D)(2), process set forth in Section 12.24.090(F), and criteria set forth in Section
12.24.090(G).
F. Process for Tree Removals Related to Ministerial or Discretionary Property Development
Permits (including construction for disabled access).
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1. For Tree Removal requests related to Ministerial Development Permits for the construction
of single family residences or accessory structures on R-1 or R-2 lots , or for improvements
necessary to accommodate access for a disabled resident of the property (“Minor
Ministerial Development Permits”), the City Arborist shall review the application,
investigate the site, examine the tree or trees in question, review the compensatory planting
plan, and either approve, conditionally approve (with additional compensatory planting
requirements or tree protection measures), or deny the tree removal request(s), based on
the criteria set forth in Section 12.24.090(G), subject to appeal as set forth in Section
12.24.180.
2. For all tree removal requests related to Ministerial Development Permits, other than as
specified in 12.24.090.(F)(1) above, the Tree Committee shall review and make a
recommendation on the Tree Removal Application to the Community Development
Director based on the criteria in 12.24.090(G) and 12.24.090.(J). The Director shall
consider the recommendation of the Tree Committee, as well as the consistency of the tree
removal application with other City development policies and standards applicable to the
site, and shall either approve, conditionally approve or deny the tree removal request,
subject to appeal as set forth in Section 12.24.180.
3. For any tree removal request related to any Discretionary Development Permit application
subject to Director Action/Director Hearing/Minor & Moderate Development
Review/Minor Use Permit/Minor Subdivision processes, City Arborist shall review the
tree removal application and make a recommendation on the tree removal application to
the authorized approving authority based on the criteria set forth in Section 12.24.090(G)
and 12.24.090(J). The authorized approving authority shall consider the arborist’s
recommendation in addition to the complete development application’s compliance with
other applicable City development policies, codes and standards and shall either, approve,
conditionally approve or deny the tree removal as a part of the final discretionary approval,
subject to otherwise applicable appeal processes for the development entitlement.
4. For any tree removal request related to any Discretionary Development Permit application
subject to Major Development Review/Tentative Tract Map/Conditional Use Permit
processes, the Tree Committee shall review and make a recommendation on the tree
removal application to the authorized approving authority based on the criteria set forth in
Section 12.24.090(G) and 12.24.090.(J). The authorized approving authority shall consider
the Tree Committee’s recommendation in addition to the complete development
application’s compliance with other applicable City development policies, codes and
standards and shall either, approve, conditionally approve or deny the tree removal as a
part of the final discretionary approval, subject to otherwise applicable appeal processes
for the development entitlement.
5. During property development or construction, any tree that is requested to be removed that
was not identified and approved for removal by the authorized approving authority shall
return to the authorized approving authority for approval prior to removal.
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EXHIBIT A
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6. For tree removal requests related to a Ministerial Development Permit, under Section
12.24.090(F)(1) or 12.24.090(F)(2) above, where the approving authority for the
development permit is the Chief Building Official, the Ministerial Development Permit
application shall not be deemed complete and the Chief Building Official shall not issue
any construction permit unless any necessary Tree Removal permit has been approved and
the time for appeal has expired.
G. Criteria for Construction Related Tree Removal Recommendation. Recommendations and
determinations of the City Arborist and the Tree Committee regarding any tree removal requests
pursuant to Section 12.24.090(F) shall be based upon the criteria in this Section. Tree removal
recommendations shall be based on the following criteria:
1. Size of Tree. The scale of the tree shall be considered, as well as the size of the tree’s
canopy. Larger, more visually prominent trees may have a higher preservation priority than
smaller, less visually prominent trees;
2. Location of Tree on Private Property. The location of the tree on private property shall be
considered. Trees located in a private rear yard, which are not highly visible from the public
right-of-way may have a lower preservation priority than trees with a high visual impact to
the neighborhood;
3. Species of Tree. Native trees shall have a higher preservation priority than non-native trees;
4. Forestry Best Practice. The number of healthy trees that a given parcel of land will support
shall be considered, and whether removal would enhance the health or survival of
remaining trees. Applications that increase biodiversity of native trees and tree age
distribution within a given area are preferred;
5. Public Right-of-Way Obstruction or Displacement. Street trees requested for removal due
to obstruction of vision, access, mobility of public traffic or sidewalk infrastructure repair
or replacement shall have a lower preservation priority when the tree species is known to
have invasive root structure or other characteristics that increase the likelihood that damage
is likely to reoccur if not authorized for removal. Tree adjacent to sidewalks with a high
volume of pedestrian use with large vertical or slope displacements may have a lower
preservation priority.
6. Compliance with Section 12.24.090(J) regarding compensatory plantings. The approving
authority may consider an application proposal to provide compensatory plantings in
excess of required minimums in evaluating this criterion.
7. Heritage Trees. A tree which has been designated a heritage tre e is prohibited from removal
unless the City Arborist authorizes a tree removal upon finding that a tree removal would
be related to tree health or hazard mitigation as outlined in Sections 12.24.090(E)(1)
Heritage trees have the highest preservation priority.
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H. Tree Removal by the City.
1. Tree removal requests for any city project must follow the same procedures as any property
owner.
2. After receiving approval to remove a tree as part of a capital improvement project, the city
shall replace the tree as soon as feasible during the project at a ratio determined by the
Public Works Director.
I. 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 on the property on which the
tree removal is requested, visible from a public right of way, for a period not less than five
days before either staff consideration of a tree removal permit or the approval of a
Ministerial or Discretionary Development Permit.
2. The public works director may waive application and notification requirements for a tree
removal and immediately permit removal when the director determines that a tree’s
condition threatens public health, safety or welfare such that an application and notice are
not feasible. The owner of the property on which such a removal is requested shall produce
sufficient proof to the Director’s satisfaction that a notice and an application are not
feasible. Removals authorized under this Section are not appealable.
J. Compensatory Tree Planting.
Tree removals authorized under Section 12.24.090(E) or 12.24.090(F) shall be compensated by
planting a minimum of one new tree for each tree authorized to be removed when planted on the
same property (onsite) or two new trees for each tree authorized to be removed when planted on a
different property or within the public right-of-way (offsite).
In approving an application for tree removal, the authorized approving authority shall require
compensatory plantings of a size consistent with City Engineering Standards as set forth in the
table below:
Container Size Trunk Diameter (inches)
15 gallon 0.75” to 1.5”
24 inch box 1.5” to 2.5”
36 inch box 2.5” to 3.5”
48 inch box 3.5” to 4.5”
The authorized approving authority may require subsequent compensatory tree plantings in the
event that the original replacement plantings fail to establish and/or may require a bond ensuring
that replacement trees shall be planted and maintained.
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K. Expiration of Appeals. Decisions on tree removal by authorized approving authority shall be
subject to appeal according to the appeal provisions of this code, and no removal or related
development permit shall be issued until the appeal period has lapsed.
L. City Street and Sidewalk Maintenance Program.
1. The city has a program whereby staff evaluates and repairs sidewalks and streets on a
predetermined schedule. When the city determines a street tree must be removed to repair
the sidewalk, the city will pay all costs to repair sidewalk, curb, and gutter, remove the tree
and plant a new tree.
2. If a property owner wishes to remove a street tree and repair hardscape damage outside of
regular City maintenance and replacement schedules they may do so at their own expense,
if the removal is approved in compliance with Section 12.24.090(E) or 12.24.090(F). The
property owner shall pay for the necessary hardscape repairs and be required to plant and
maintain a new tree as a condition of their approved tree removal, either in the same
location or in another more suitable location.
Ordinance No. 1664 (2019 Series) Page 11
EXHIBIT B
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Exhibit B - Section 12.24.180 - Appeals
A. Any person aggrieved by an act or determination of the authorized approving authority
exercising the authority herein granted shall have the right to appeal the decision of the authorized
approving authority as set forth in this Section.
B. Appeals received by the city clerk within ten calendar days from the date of determination or
act shall cause the director to withhold tree removal permits and any permits for construction or
demolition activity relying on the subject tree removal until the appeal is heard and a decision is
reached.
REMOVAL APPLICATION TYPE DECISION MAKER APPEAL BODY
Imminent hazard to life or property
Section 12.24.090 E(1)(a)
City Arborist No Appeal
Tree Health and Hazard Mitigation
Section 12.24.090(E)
City Arborist Tree Committee
Minor Ministerial Development Permit
(removal for residential or accessory
construction on an R-1 or R-2 lot)
Section 12.24.090(F)(1)
City Arborist Community Development
Director
Ministerial Development Permits
Section 12.24.090(F)(2)
Community
Development Director
City Council
Discretionary Permits
(Director Action/Director
Hearing/Minor & Moderate
Development Review/Minor Use
Permit/Minor Subdivision)
Section 12.24.090(F)(3)
Community
Development Director
or Hearing Officer
Planning Commission
Major Development Review/Tentative
Tract Map/Conditional Use Permit
Section 12.24.090(F)(4)
Planning Commission City Council