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HomeMy WebLinkAboutOrd 1060-1989ORDINANCE NO. 1060-89 AN ORDINANCE ADDING CHAPTER 13.30 ENTITLED "TREE PRESERVATION" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION I Chapter 13.30 added. A new chapter, Chapter 13.30 "Tree Preservation", is hereby added to the South San Francisco Municipal Code to read: Chapter 13.30 TREE PRESERVATION Sections: 13.30.010 13.30.020 13.30.030 13.30.040 13.30.050 13.30.060 13.30.070 Purpose Definitions Applicability Removal Limitations Removal Permit Appeal Penalty for Violation Section 13.30.010 Purpose This chapter is adopted because the city has been forested by stands of oak, bay, eucalyptus, redwood, pine, and other trees, the preservation of which is necessary for the health and welfare of the citizens of this city in order to preserve scenic beauty, prevent erosion of top soil, protect against flood hazards and the risk of landslides, counteract the pollutants in the air, maintain the climatic balance and decrease wind velocities. It is the intent of this chapter to protect locally significant trees and to establish regulations for the removal of trees within the city in order to retain as many trees as possible consistent with the purpose hereof and the reasonable economic enjoyment of private property. Section 13.30.020 Definitions (a) "Pruning" means the cutting or taking away of more than thirty-three percent of the living foliage material (including branches) of a tree in any twelve month period. (b) "Shrub" means a bushy, woody plant, usually with several permanent stems, and which is generally less than fifteen feet high at maturity. (c) "Tree" means a woody perennial plant~ usually with one trunk and many branches, and which is generally over ten feet high at maturity. A "stand of trees" means a group of trees dependent upon each other for survival. "Tree removal" means the removal of a tree, including pruning as defined. Section 13.30.030 Applicability (a) The provisions of this chapter shall apply to all property designated open space and to any person~ corporation, partnership or other entity that has applied for permission to subdivide land, grade property or engage in any development which would require the removal of trees. (b) Trees protected by this chapter are: (1) Any tree with a circumference of seventy-five inches or more, measured twenty-four inches above natural grade, or stand of trees, which is indigenous to this area or which has adapted exceptionally well to the climatic conditions. (2) Any tree or stand of trees that existed at the time of a land use or development approval and was a specific subject of such approval. (3) Any tree or stand of trees that was required to be planted by the terms of a land use or development approval. Section 13.30.040 Removal Limitations It is unlawful for any person to remove, or cause to be removed, any protected tree from any parcel of property in the city without obtaining a permit to do so. Provided that in case of emergency when a tree is hazardous or dangerous to life or property it may be removed by order of the director of parks, recreation and community services, the police chief or the fire chief. Subject to the provisions of Chapter 13.28, trees not covered by this chapter may be removed without permit. Section 13.30.050 Removal Permit (a) Any person desiring to remove one or more trees subject to this chapter shall apply to the director of parks, recreation and community services for a permit. If the tree is a city tree, the application shall be made to the parks and recreation commission. Application for a permit shall be made on forms provided for the purpose and shall include, among other things, the number and location of the trees to be removed by types and the reason for removal of each. -2- lb) Determination shall be made concerning: (1) The condition of the tree or trees with respect to disease, danger of falling, proximity to existing or proposed structures and interferences with utility services; (2) The necessity to remove the tree or trees in order to construct any proposed improvements to allow economic enjoyment of the property; (3) The topography of the land and the effect of the removal of the tree on erosion, soil retention and diversion or increased flow of surface waters; (4) The number of trees existing in the neighborhood on improved property and the effect the removal would have on the standards of the area and the property values; and (5) The number of trees the particular parcel can adequately support according to good forestry practices. In reviewing applications, priority shall be given to those based on hazard or danger of disease. (c) Any application may be referred to another department, committee, board or commission of the city for a report and recommendation. When an application for any land use or development approval is under consideration by the planning commission, approval of a tree removal permit granted by the director shall be conditioned upon the application receiving approval from the planning con~nission. (d) Notice of the determination on an application for a tree removal permit shall be posted in the vicinity of the tree and at city hall and shall be available at the city libraries. When a city tree is the subject of an application, notice shall be given to the historic preservation commission and either an announcement or news article shall be published in the local newspaper. Section 13.30.060 Appeal (a) The decision of the director of parks, recreation and community services as to whether any specific woody plant is a tree or a shrub is final and not subject to appeal. Any other decision of the director may be appealed to the parks and recreation commission by any interested person by filing a written appeal setting forth the grounds for appeal with the commission and paying the appropriate appeal fee within ten days after the determination. Hearing dates shall be set administratively. Notice of the hearing shall be given by first class mail to the appellant and the applicant at least ten days prior to the date of hearing. The decision of the commission is final. -3- (b) The decision ~ the parks and recreation comm.~sion on any application which goes directly to and is heard initially by the commission pursuant to this chapter may be appealed to the city council by any interested person by filing a written appeal setting forth the grounds for appeal with the city clerk and paying the appropriate appeal fee within thirty days after the determination. Hearing dates shall be set administratively. Notice of the hearing shall be given by first class mail to the appellant and the applicant at least ten days prior to the date of hearing. Section 13.30.070 Penalty for Violation Any person violating any provision of this chapter shall be deemed guilty of an infraction and, upon conviction, shall be punished as provided in Government Code Section 36900. SECTION 2 Severability In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 3 Publication and Effective Date This ordinance shall be published once, with the names of those City Council members voting for or against it, in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, he)d the 9th day of August , 1989. Adopted as an Ordinance of the City of South San Francisco at a r~gular meeting of the City Council of the City of South San P ranclsco, held the13th day of September , 1989, by the following vote: AYES: Councilmembers Mark N. Addiego, Jack Drago, Richard A. Haffey, Gus Nicolopulos, and Mayor Roberta Cerri Teglia NOES: None ABSTAIN: None ABSENT: None As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 13th day~zf~-~ September , 1989.