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HomeMy WebLinkAboutOrd 1271-2000- " ORDINANCE NO. 1271-2000 AN ORDINANCE ADDING CHAPTER 13.30 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO TREE PRESERVATION The City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1: New Chapter 13.30, entitled Tree Preservation, is hereby added to the South San Francisco Municipal Code and reads as follows: "CHAPTER 13.30 TREE PRESERVATION 13.30.010 Purpose and Intent The City of South San Francisco is endowed and forested with a variety of healthy and valuable trees which must be protected and preserved. The preservation trees is essential to the health, welfare and quality of life of the citizens of the city because these trees preserve the scenic beauty of the city, maintain ecological balance, prevent erosion of top soil, counteract air pollution and oxygenate the air, absorb noise, maintain climatic and microclimatic balance, help block wind, and provide shade and color. For these reasons, it is the intent of this Chapter to achieve three objectives: (a) provide standards and requirements for the protection of certain large trees and trees with unique characteristics; (b) provide standards and requirements for planting and maintenance of trees for new development; and (c) establish recommended standards for planting and maintaining trees on property that is already developed. This Chapter achieves these objectives in ways that support and encourage the reasonable economic enjoyment of private property, not in ways that prevent it. 13.30.020 Definitions (a) "Commission" means the Parks and Recreation Commission of the City of South San Francisco. (b) "Department" means the Parks, Recreation and Maintenance Services Department of the City of South San Francisco. (c) "Floor area" shall have that meaning established in Section 20.06.100(i). (d) "Lot coverage" means the area of a lot covered by any building, and does not include areas covered only by pavement. (e) "New Development" means any work upon any property in the City of South San Francisco which requires a building permit, demolition permit or other permit that will allow (i) the construction of a new or substantially new building; or (ii) demolition of an existing building or substantially all of an existing building. (f) "Modification of existing development" means any interior or exterior alterations to existing buildings which may or may not require permits, and which do not constitute "new development." For example, a building permit to install a new bathroom or kitchen for an existing home is a modification of existing development. (g) "Director" means the Director of the Parks, Recreation and Maintenance Services Department of the City of South San Francisco. (e) "Landscape tree" means a generally recognized ornamental tree and shall exclude fruit, citrus, or nut bearing trees. (f) "Protected tree" means: (1) Any tree with a circumference of 48 inches or more when measured 54 inches above natural grade; or (2) A tree or stand of trees so designated by the Director based upon findings that it is unique and of importance to the public due to its unusual appearance, location, historical significance or other factor; or (3) A stand of trees in which the Director has determined each tree is dependent upon the others for survival. (g) "Pruning" means the removal of more than one third of the crown or existing foliage of the tree or more than one third of the root system. (h) "Removal" means cutting to the ground; extraction; killing by spraying, girdling, or any other means; or pruning done without a permit or which does not conform to the provisions o? a permit. (i) "Trimming" means the removal of a portion of a tree which removes less than one third of the crown or existing foliage of a tree; removes less than one third of the root system; and does not kill the tree. 13.30.030 Prohibitions and Protections for Protected Trees (a) No protected tree shall be removed, pruned, or otherwise materially altered without a permit except as provided in Section 13.30.030. Trimming of a protected tree is allowed withotit such a permit. ~ (b) The following requirements apply to protected trees: i (1) Protected trees shall be protected by a fence which is to be maintained at all times; i (2) Protected trees that have been damaged or destroyed by construction shall be replaced or the city shall be reimbursed, as provided in Section 13.30.080; (3) Chemicals or other construction materials shall not be stored within the drip line of protected trees; (4) Drains shall be provided as required by the Director whenever soil fill is placed around protected trees; and 2 (5) Signs, wires or similar devices shall not be attached to protected trees. (6) If the proposed development, including any site work for the development, will encroac a upon the drip line of a protected tree, special measures shall be utilized, as approved by the Directc,r or the Commission, to allow the roots to obtain oxygen, water, and nutrients as needed. Any excavation, cutting, filling, or compaction of the existing ground surface within the protected perimeter, if authorized at all by the Director, shall be minimized and subject to such conditions ~s may be imposed by the Director. No significant change in existing ground level shall be made within the drip line of a protected tree. No burning or use of equipment with an open flame shall occur near or within the protected perimeter. (7) Underground trenching for utilities shall avoid major support and absorbing tree roots of protected trees. If avoidance is impractical, tunnels shall be made below the roots. Trenches sha 1 be consolidated to service as many units as possible. Trenching within the drip line of protecte~t trees shall be avoided to the greatest extent possible and shall only be done under the at-si~, directions of a certified arborist. (8) No concrete or asphalt paving shall be placed over the root zones of oaks. l (9) No compaction of the soil within the root zone of protected trees shall occur, i 13.30.040 Property Owner's Responsibility to Care for Protected Trees A property owner shall be responsible for the normal care of every protected tree on the owner's property, including but not limited to watering, fertilizing and weed control. 13.30.050 Abuse or Mutilation of Protected Trees No person shall damage, carve, injure or otherwise mutilate any protected tree; attach any sign, wire or injurious material to any protected tree; cause or permit any wire charged with electricity to come in contact with any protected tree; or allow any gaseous, liquid, or solid substance harmful to trees to come in contact with the roots, leaves, bark, or any part of any protected tree. 13.30.060 Notices and Permits Required for Removal or Pruning of Protected Trees (a) Owners, or their authorized representative, of protected trees shall obtain a perm2t to remove or prune a protected tree. The application shall be on a form furnished by the department and shall state, among other things, the number and location o~ the tree(s) to be removed or pruned by type and the reason for removal or pruning of each. The application shall also include a photograph with correct botanic~ identification of the subject tree(s). When removal or pruning of a protected tree i ~ proposed as part of or in conjunction with new development the application sha/1 also include (i) a site plan showing the location of buildings, structures and proposed site disturbances, (ii) the location of all protected trees on the site and (iii) the protected trees on the site that would be removed or pruned. An authorized representative of the department shall make an inspection of any protected tree o: 3 site subject to this section and shall file a written report and his recommendatior s to the Director. Co) In reviewing applications for removal or pruning of protected trees, the Director give priority to those based on hazard or danger of disease. The Director may refer any application to another department, committee, board or commission of the city for a report and recommendation, and may require the applicant to provide arborist's report. In reviewing each application, the Director shall determine: (1) The condition of the protected tree(s) with respect to disease; danger or falling; proximily to existing or proposed structures, yards, driveways and other trees; and interference wit public utility services; (2) The necessity to remove the protected tree in order to construct any propose:l improvements and allow economic enjoyment of the property; (3) The topography of the land and the effect of the removal of the protected tree on erosior; soil retention; and diversion or increased flow of surface waters; (4) The number of protected trees and trees in the neighborhood on unimproved property an:l the effect the removal would have on the established standard of the area and property value. "Neighborhood" is defined as the area within a 300-foot radius of the property containing the tree in question; (5) The number of trees the particular parcel can adequately support according to goofl arboricultural practices; (6) The effect removal of the protected tree would have on wind protection, noise an privacy; and (7) The economic consequences and obligations of requiring a protected tree to remain or remain unpruned. 13.30.070 Removal of Protected Trees in Emergencies (a) In the event that an emergency condition arises whereby immediate action is necessary because of disease, or danger to life or property, a protected tree may be removed, pruned or trimmed by order of the Director or, if the Director is unavailable, a responsible member of the police, fire, parks and recreation, or public works department. In such event, a report shall be made to the Commission describing the conditions and necessity of such an order. 13.30.080 Replacement of Protected Trees (a) Any protected trees that are removed shall be replaced as follows: (1) Replacement shall be three 24-inch box size or two 36-inch box minimum size landscape trees for each tree removed as determined below. However, the Director maintains the right to dictate size and species of trees in new developments. (2) Any protected tree removed without a valid permit shall be replaced by two 36-inch box minimum size landscape trees for each tree so removed as determined below. (3) Replacement of a protected tree can be waived by the Director if a sufficient number o5 trees exists on the property to meet all other requirements of the Tree Preservation ordinance. 4 · I [ I[ (4) If replacement trees, as designated in subsection (b)(1) or (2) above, as applicable, canto ~t be planted on the property, payment of twice the replacement value of the tree ds determined by the International Society of Arboriculture Standards shall be made to ti ~ city. Such payments shall be deposited in the tree planting fund to be drawn upon fclr public tree purchase and planting. 13.30.090 Decision by Director on Protected Trees. A decision shall be rendered by the Director for each application for removal or replacemert of a protected tree. If an application is approved, it shall include replacement conditions in accordance with Section 13.30.080. The Director shall give written notification of the decision t) the applicant and all property owners within 100 feet of the property containing the tree in questior. 13.30.100 Tree Requirements for New Development (a) Any new development in the city shall be required to plant trees as provided in thi~ Section 13.30.100. / (b) In areas designated on the South San Francisco General Plan Land Use Diagram as LoW Density Residential, Medium Density Residential or High Density Residential one landscape tree for every 1000 square feet of lot coverage. (c) In areas designated on the South San Francisco General Plan Land Use Diagram as Downtown Low Density Residential, Downtown Medium Density Residential, Downtown High Density Residential or Downtown Commercial one landscape tree for every 2000 square feet of lot coverage. (d) In areas designated on the South San Francisco General Plan Land Use Diagram aS Community Commercial, Business Commercial, Coastal Commercial, Office or Business and Technology Park one landscape tree for every 2000 square feet of floor area. (e) In areas designated on the South San Francisco General Plan Land Use Diagram aS Mixed Industrial one landscape tree for every 5000 square feet of lot coverage. (f) In areas designated on the South San Francisco General Plan Land Use Diagram aS Transportation Center, Public, Park and Recreation or Open Space, this section provides no requirement for trees on new development. (g) The Director shall determine the number of existing trees which are of an acceptable size!, species and location to be counted toward the requirements of this section. 13.30.110 Maintenance of Trees Required for New Development The owner of property on which trees have been required to be planted pursuant to Section 13.30.100 shall be responsible for the normal care of every tree which was counted to satisfy the requirements of Section 13.30.100, including but not limited to watering, fertilizing and weed control. 13.30.120 Omitted 5 I I [ II 13.30.130 Appeal (a) The decision of the Director of Parks, Recreation and Maintenance Services as to whether any specific 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 within ten (10) 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 Parks and Recreation Commission is final. (b) Any decision of the Parks and Recreation Commission 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 within thirty (30) 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 (10) days prior to the date of hearing. 13.30.140 Penalty for Violation In addition to any other penalties allowed by law, any person removing, pruning, abusing, or mutilating a tree in violation of this ordinance shall be liable for damages equal to twice the replacement value of the tree as determined by the International Society of Arboriculture Standards. Damage payments and fines collected under this Chapter shall be placed in the tree planting fund to be drawn upon for public tree purchase, planting, and maintenance. SECTION 2. PUBLICATION AND EFFECTIVE DATE. This ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, 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. SECTION 3: 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 ail other sections or portions hereof shall remain in full force and effect. I I ri Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 14tn day of June , 2000. Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council held the 28th day of June , 2000, by the following vote: AYES: Councilmembers Pedro Gonzalez, Eugene R. Mullin and John R. Penna, Mayor Pro Tern Joseph A. Femekes and Mayor Karyl Matsumoto NOES: None. ABSTAIN: None. ABSENT: None. City Clerk/J As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 28th day of June , 2000. Mayor June 30, 2000 AUL:KAJ:pcp F:\WPD~Mnrsw\405\001 \ORDL2000~June\TREEPRES .doc 7