HomeMy WebLinkAboutOrd. 1514-2016 ORDINANCE NO. 1514-2016
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN ORDINANCE AMENDING CHAPTER 13.30 OF THE
SOUTH SAN FRANCISCO MUNICIPAL CODE TO UPDATE
DEFINITIONS AND THE PROCEDURE FOR THE REMOVAL
AND REPLACEMENT OF PROTECTED TREES IN THE CITY
WHEREAS, Chapter 13.30 of the City of South San Francisco ("City") Municipal Code,
also known as the City's "Tree Preservation Ordinance," was first adopted in 1989 and has only
been revised once since that time, in 2000; and
WHEREAS, pursuant to the authority granted by the California Tree Planting Act of
1931 (Cal. Streets and Highways Code sections 22000 et seq.), the City's Parks and Recreation
Department maintains and preserves trees in the City; and
WHEREAS, preservation of Protected Trees from abuse or unauthorized removal is a
priority for the City's Parks and Recreation Department; and
WHEREAS, the City desires to update the definition of Protected Trees in the City to
clarify what trees are covered by this Tree Preservation Ordinance; and
WHEREAS, the City desires to update the permit process for the removal and
replacement of Protected Trees within the City, including penalties for unauthorized removal and
fees for replacement of Protected Trees; and
WHEREAS, City staff recommends that Chapter 13.30 of the South San Francisco
Municipal Code should be revised to update the definitions of Protected Trees to better protect
large and unique trees within the City; and
WHEREAS, the City Council of the City of South San Francisco further finds that it is in
the public interest to revise Chapter 13.30 of the South San Francisco Municipal Code to reflect
a detailed permitting process for the trimming and removal of Protected Trees and impose
penalties for those that remove such trees without a permit.
NOW, THEREFORE, the City Council of the City of South San Francisco does hereby
ORDAIN as follows:
SECTION 1. Amendments
The City Council hereby amends the following sections of Chapter 13.30 of the South
San Francisco Municipal Code to read as follows. Sections and subsections that are not amended
by this Ordinance are not included below, and shall remain in full force and effect.
13.30.010 Purpose and intent.
The City is endowed and forested with a variety of healthy and valuable trees which must
be protected and preserved. The preservation of 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.
"City Arborist"means any certified arborist designated by the Director.
"Commission" means the Parks and Recreation Commission of the City of South San
Francisco.
"Department" means the Parks and Recreation Department of the City of South San
Francisco.
"Director" means the Director of the Parks and Recreation Department of the City of
South San Francisco.
"Drip line" means the area directly located under the outer circumference of the tree
branches.
"Floor area" shall have that meaning established in Section 20.630.002 of the South San
Francisco Municipal Code.
"Landscape tree" means a generally recognized ornamental tree and shall exclude fruit,
citrus, or nut bearing trees.
"Lot coverage" means the area of a lot covered by any building, and does not include
areas covered only by pavement.
"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.
"New development" means any work upon any property in the City which requires a
building permit, demolition permit or other permit that will allow: (1) the construction of a new
or substantially new building; or (2) demolition of an existing building or substantially all of an
existing building.
"Protected tree"means:
(1) Any upright, single-trunked tree of a species not considered to be a Heritage Tree
as defined in subsection (3) below or a tree listed in subsection (2) below, with a circumference
of forty-eight (48) inches or more when measured fifty-four(54) inches above natural grade; or
(2) Any upright, single-trunked tree of the following species: Blue Gum (Eucalyptus
globulus), Black Acacia (Acacia melanoxylon), Myoporum (Myoporum lactum), Sweetgum
(liquidambar styraciflua), Glossy Privet (Lingustrum lucidum), or Lombardy Poplar (Populus
nigra) with a circumference of seventy-five (75) inches or more when measured fifty-four (54)
inches above natural grade; or
(3) Any upright, single-trunked tree considered to be a Heritage Tree species, with a
circumference of thirty (30) inches or more when measured at fifty-four (54) inches above
natural grade. A Heritage Tree means any of the following: California Bay (Umbellaria
californica), Oak (Quercus spp.), Cedar (Cedrus spp.), California Buckeye (Aesculus
californica), Catalina Ironwood (Lyonothamnus asplenifolium), Strawberry Tree (Arbutus spp.),
Mayten (Maytenus boaria), or Little Gem Dwarf Southern Magnolia (Magnolia grandiflora
`Little Gem').
(4) 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
(5) A stand of trees in which the Director has determined each tree is dependent upon
the others for survival.
"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.
"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 of a
permit.
"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.
"Upright, single-trunked tree" means a tree which has a single dominant trunk that is not
oriented at a significant slant to the natural grade and does not branch below fifty-four (54)
inches from the natural grade. In cases where the tree is growing at a slant to the natural grade,
the trunk should be measured at right angles to the trunk fifty-four (54) inches from the natural
grade along the center of the trunk axis, so the height is the average of the shortest and longest
sides of the trunk. In cases where the trunk branches or splits less than fifty-four(54) inches from
the ground, measure the smallest circumference below the lowest branch. In the case where the
tree is a multi-stemmed specimen (i.e. is a single specimen which has two or more trunks that are
connected above the ground), the size shall be determined by measuring all of the trunks at a
height of fifty-four (54) inches above natural grade and then adding the total circumference of
the largest trunk to one-half the circumference of each additional trunk. These alternative
measuring methods for non-standard trees should be evaluated against the same measurement
criteria as listed in the "Protected tree" subsections (1), (2), and (3) above.
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 this section. Trimming of a Protected tree is allowed
without such a permit.
(b) The following requirements apply to Protected trees:
(1) Protected trees shall be protected by a fence which is to be maintained at all times.
(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.
(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
encroach upon the Drip line of a Protected tree, special measures shall be utilized, as approved
by the Director 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 as 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 shall be consolidated to service as many units as possible. Trenching within the Drip
line of Protected trees shall be avoided to the greatest extent possible and shall only be done
under the at-site directions of a certified City Arborist.
(8) No concrete or asphalt paving shall be placed over the root zones of Protected
trees.
(9) No compaction of the soil within the root zone of Protected trees shall occur.
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 or entity 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 a Protected trees shall obtain a
permit to remove or prune a Protected tree. A separate permit shall be obtained by the owner for
each tree to be removed or pruned. The permit application shall be on a form furnished by the
Department and shall state, among other things, the permit fee, the deposit amount for removal,
the location and type of the tree to be removed or pruned, and the reason for removal or pruning
of the Protected tree. The application shall also include a photograph with the correct botanical
identification of the subject tree. If damage to infrastructure is claimed as the cause for removal,
relevant documentation shall be included with the application, including photographs and
receipts for work done. If approved for pruning or removal, permits shall expire after four (4)
months. Owners shall reapply if work has not been completed within four (4) months of
issuance of a permit. When removal or pruning of a Protected tree is proposed as part of or in
conjunction with new development, the application shall also include: (I) a site plan showing the
location of buildings, structures and proposed site disturbances; (2) the location of all Protected
trees on the site; and (3) 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 or site
subject to this section and shall file a written report and his or her recommendations to the
Director.
(b) In reviewing applications for removal or pruning of Protected trees, the Director
shall 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 an City Arborist's report. In
reviewing each application, the Director shall determine:
(1) The condition of the Protected tree(s) with respect to disease; danger of falling;
age of the tree with respect to approach of the end of its useful life; proximity to existing or
proposed structures, yards, driveways and other trees; and interference with public utility
services;
(2) The necessity to remove the Protected tree in order to construct any proposed
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
erosion; soil retention; and diversion or increased flow of surface waters;
(4) The number of Protected trees and trees in the neighborhood on unimproved
property and the effect the removal would have on the established standard of the area and
property value. "Neighborhood" means the area within a three-hundred-foot radius of the
property containing the tree in question;
(5) The number of trees the particular parcel can adequately support according to
good arboricultural practices;
(6) The effect removal of the Protected tree would have on wind protection, noise and
privacy; and
(7) The economic consequences and obligations of requiring a Protected tree to
remain or remain unpruned.
13.30.070 Removal,pruning, or trimming of protected trees in emergencies.
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 Departments. In such event, a report shall be
made to the Commission describing the conditions and necessity of such an order. A tree permit
application shall be filed retroactively, per the process indicated in Section 13.30.060.
13.30.080 Replacement of protected trees.
(a) Any Protected trees that are removed shall be replaced as follows:
(1) Replacement shall be three (3) fifteen gallon size or two (2) twenty-four 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. Permits for
tree removal shall expire after four (4) months. Applicants shall reapply if work has not been
completed within four (4) months after the Director's approval. A deposit to the tree planting
fund shall be made by an applicant and held by the Parks and Recreation Department for tree
replacements. Deposits will be refunded on proof of replanting trees. If proof that the
replacement trees have been planted has not been submitted to the Director within four (4)
months of the tree removal, a payment to the tree planting fund in the amount of the current cost
of two (2) twenty-four inch box trees of a species dictated by the Director shall be made.
(2) Any Protected tree removed without a valid permit shall be replaced by three (3)
twenty-four inch box minimum size landscape trees, of a species approved by the Director, for
each tree so removed as determined below. If proof that the replacement trees have been
satisfactorily planted has not been submitted to the Director within four (4) months of the tree
removal, a payment to the tree planting fund in the amount of the current cost of three (3)
twenty-four inch box trees, of a species dictated by the Director, shall be made to the City, in an
amount not to exceed one thousand dollars ($1,000). Such payment shall be in addition to any
other penalties imposed by the City for violation of this chapter.
(3) Replacement of a Protected tree can be waived by the Director if a sufficient
number of trees exists on the property to meet all other requirements of this Tree Preservation
Ordinance.
(4) At the Director's discretion, if replacement trees, as designated in subsection
(a)(1) or (2) of this section, as applicable, cannot be planted on the property, payment in the
amount of the replacement value of the tree as determined by the International Society of
Arboriculture Standards, plus the costs to the City to plant an equivalent tree elsewhere in the
City, shall be made to the City.
(5) All payments made in restitution for violation of this Tree Preservation
Ordinance, or non-refunded tree replacement deposits retained by the City, shall be deposited in
the tree planting fund, to be drawn upon for 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
replacement of a Protected tree. The Director shall determine a Protected tree's useful life with
consideration of its age and state of decline to approve its removal. 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 to the applicant and all property owners within one
hundred feet of the property containing the tree in question.
13.30.100 Tree requirements for new development.
(a) Any new development in the City shall be required to plant trees as provided in
this section;
(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 one thousand 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 two thousand 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 two thousand 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 five thousand 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.
13.30.130 Appeal.
(a) The decision of the Director 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
Commission is final.
(b) Any decision of the Commission may be appealed to the City Manager or his or
her designee 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, not to exceed one thousand dollars ($1,000), as determined by the
International Society of Arboriculture Standards, or by a City Arborist determined by the
Director as being qualified to make this assessment.
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. Severability
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the
application of such part or provision to other persons or circumstances, shall not be affected
thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are
severable. The City Council of the City of South San Francisco hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 3. Publication and Effective Date
Pursuant to the provisions of Government Code Section 36933, a summary of this
Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council
meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the
Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within
fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the
summary, and (2) post in the City Clerk's Office a certified copy of the full text of this
Ordinance along with the names of those City Council members voting for and against this
Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and
after its adoption.
Introduced at a special meeting of the City Council of the City of South San Francisco,
held the 17th day of February, 2016.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the 9th day of March, 2016 by the following vote:
AYES: Councilmembers Karyl Matsumoto, Richard A. Garbarino, and Liza Normandy
Vice Mayor Pradeep Gupta and Mayor Mark N. Addiego
NOES: None
ABSTAIN: None
ABSENT: None
..,/y
ATTET:
^ •a ' 4 . inelli, City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
ordinance this 9th day of March, 2016.
J £/ '
Mark Addiego, it yor