From: Melissa Jean O'Neal
Sent: Wednesday, June 29, 2022 10:22 AM
To: City Council
Cc: Megan Martin ; Elsa Perez
Subject: Public Comment for 6/30/22 Meeting, Tree Ordinance Proposal
External Email
Dear City of Pismo Beach,
Please find attached my public comment in support of establishing a tree ordinance as well as information on how San Luis Obispo has established a similar ordinance. Feel free to reach out if you have any questions or concerns.
Thank You,
Dr. Melissa O'Neal
805-234-5723
City of Pismo Beach Heritage Tree Ordinance Petition
Introduction:
More and more communities are beginning to recognize the very tangible benefits that trees provide in the urban environment. Healthy trees reduce air and noise pollution, provide energy-saving shade and cooling, furnish habitat for wildlife, enhance aesthetics and property values, and are an important contributor to community image, pride, and quality of life. The City of Pismo Beach has long been recognized as a destination location, and the implementation of a Heritage Tree program will serve as another interesting attraction to tourists. Furthermore, many communities have realized that in order to protect and enhance their valuable tree resources, it is useful to view and manage their trees as a cohesive unit, the community or urban forest.
Tree ordinances are among the tools used by communities striving to attain a healthy, vigorous, and well-managed community forest.
Goals:
The urban forest serves a wide variety of functions that promote the health, safety, and general welfare of residents. These functions include:
• conserving energy, by providing shade and evaporative cooling through transpiration; • improving local and global air quality by absorbing carbon dioxide and ozone, adsorbing particulate matter, and producing oxygen;
• reducing wind speed and directing air flow;
• reducing noise pollution;
• providing habitat for birds, small mammals, and other wildlife; • reducing storm runoff and the potential for soil erosion; • increasing real property values;
• enhancing visual and aesthetic qualities that attract visitors and businesses and serve as a source of community image and pride.
All these benefits increase as canopy cover increases. By establishing and maintaining maximum tree cover, the community is able to realize the maximum benefits the urban forest can provide.
Community Needs:
• Offer trees as a local community and tourist focal point in Pismo Beach • increase public awareness of the values and benefits associated with trees; • promote better private tree care through better public understanding of the biological needs of trees;
• foster community support for the urban forest management program;
• promote conservation of the urban forest by focusing public attention on all tree age classes, as well as on heritage trees.
Implementation Steps:
• passing an ordinance,
• budgeting necessary funds,
• hiring a municipal forester or arborist,
• appointing a citizen tree advisory board,
• formulating a master tree management plan,
• developing public education programs.
Proposed protected trees include all of the following:
(1)Private protected tree means any tree with a DBH of six inches or more located on any lot within twenty feet of a street right-of-way (including an approved private street or other access easement) or a tree with a DBH of eight inches or more located within ten feet of any other property line, or a tree with a DBH of twelve inches or more located anywhere on the lot. (2)Public protected tree means any tree located on lands owned by the city, or other governmental agencies or authorities, or any land upon which easements are imposed for the benefit of the city, or other governmental agencies or authorities, or upon which other ownership control may be exerted by the city, or other governmental agencies or authorities, including rights-of-way, parks, public areas and easements for drainage, sewer, water and other public utilities, with:
(i) A DBH of six inches or more located within a city or other governmental right-of-way, or (ii) A DBH of six inches or more and located on any lot within twenty feet of a street right-of-way, or (iii) A DBH of eight inches or more located on any lot within ten feet of any other property line, or (iv) A DBH of twelve inches or more located elsewhere on the lot. (3) Exceptional specimen tree means any tree which is determined by the City Council to be of unique and intrinsic value to the general public because of its size, age, historic association, or ecological value. (4) Any tree falling under the Criteria for Protection of heritage Trees section in this document.
Determining Diameter at Breast Height (DBH):
To determine the diameter of a tree, simple geometric formulas are used. Start by using a flexible measuring tape to determine the tree’s circumference (measurement around tree). With the circumference determined, find the radius and multiply it by two in order to obtain the tree’s diameter. d = 2r r = C/2(3.14) C = 2(3.14)r
Example: C=70 inches (converted = 5.83 feet) r=5.83/6.28 = .928 x 2 = 1.86 feet in diameter.
All trees must be measured at four (4) feet six (6) inches above natural grade.
Criteria for Protection of Heritage Trees:
Individual trees may be considered important community resources because of unique or noteworthy characteristics or values. Such trees have been described in ordinances as heritage, historic, landmark, legacy, special interest, significant, or specimen trees or various permutations of these terms (e.g., heritage oak, exceptional specimen tree). In some ordinances, trees are simply labeled protected trees (i.e., trees afforded protection by the ordinance). Regardless of the term used, the concept is the same:
trees with certain characteristics are singled out for special consideration in the ordinance. Most commonly, one or more of the following criteria are used to define a special status tree:
Size - Some component of tree size, most frequently trunk diameter, may be used to define a special status tree. Most commonly, a given diameter at 4.5 ft above grade (i.e., diameter at breast height or DBH) is used as the size standard. Additional rules are typically needed to handle trees that are multi- trunked or branch below 4.5 ft.
Other components of tree size, such as maximum canopy spread or height, may also be considered independently or in conjunction with tree diameter. The National Register of Big Trees, maintained by American Forests, uses a point system to rate tree size. Points for each tree are calculated by summing trunk circumference (at 4.5 ft) in inches, tree height in feet, and one-quarter of the average crown spread in feet. This system is used to determine "champion" trees for each species. Some ordinances expressly confer special tree status on state or national champion trees. More local "champion" trees could be defined using the same methods.
Age - Especially old trees are a link to the past, so many definitions of special status trees include age as a criterion. In practice, tree age is determined in standing trees by measuring DBH or when documentation of tree age exists from historical accounts, photographs, or associations with historical structures.
Historic significance - A tree may be associated with a notable local or regional historical event, person, structure, or landscape. Almost every tree that has been around for a while has some historical significance, whether it is recognized or not. Some ordinances automatically confer historic status on trees designated as historical landmarks by certain other organizations (e.g., historical societies). In addition, ordinances may assign special status to trees dedicated or planted as public memorials.
Ecological value - All trees serve a variety of ecological functions. Certain trees or groups of trees may have especially high ecological value because of their location, size, species, and/or condition. For example, a given tree may be an important roost, nesting site, or food source for certain wildlife species; it may be situated in a site where it plays a critical role in stabilizing soil or providing shade needed by other plant or animal species; it may be an important genetic resource for a local tree population or the species as a whole. Input from trained biologists and ecologists may be necessary to document particular ecological values that may not be obvious to the general public.
Aesthetics - A tree may have special aesthetic value due to its form, whether it is especially perfect and symmetrical or notably craggy and idiosyncratic. Also, the function that a tree serves in a landscape may be sufficient to justify special status; for example, a landmark pair of trees that frame an entrance.
Location - Trees in particular locations may be accorded special status in recognition of the important aesthetic or ecological functions that they serve. Proximity to a thoroughfare can be used to classify a
tree as a street tree, which may be accorded special status whether or not it is in the public right-of-way or is under public or private care. Trees located along or within a set distance from watercourses may also be give special status due to their importance in stabilizing streambanks or providing shaded riverine habitat. In some cases, the location of a tree is considered in conjunction with size or species parameters.
Required plantings and retained trees - If trees have been preserved or planted as a requirement of development, the community has a vested interest to ensure that the trees are protected. The purpose of planting and tree retention is to develop mature tree canopy, and this cannot occur if the subject trees are eliminated, ruined by topping or other poor maintenance practices, or replaced frequently with young trees. By explicitly providing special status to such trees in the ordinance, a jurisdiction may be able to provide a higher level of regulatory protection to such trees and increase the penalties associated with unauthorized damage to or removal of the tree.
Other unique characteristics - This generalized term may be added to the list of criteria used to designate special status trees because it is difficult to anticipate all possible situations of significance.
For example, a given tree may become a local or regional cultural icon due to an event or apparition that is associated with it.
Basic Ordinance Provisions:
The City of Pismo each may choose to evaluate and include the following sections in the potential Heritage Tree Ordinance:
1. Title
2. Findings
3. Purpose and intent
4. Definitions and determination of definitions
5. Jurisdiction
6. Policies regarding trees
7. Local government disclaims liability
8. Interference with planting, maintenance, and removal unlawful
9. Appeals
10. Penalties for violation
11. Enforcement
12. Performance evaluation of ordinance
13. Severability
14. Designation of administrative responsibilities
Recordkeeping and Analysis:
Comprehensive tree inventory systems, as discussed below, can provide a wealth of information about the urban forest and municipal tree care operations. However, additional records are normally required to cover aspects of the tree management program such as long-term planning, public education, ordinance enforcement, and program administration. For example, tabulations of tree-related permits,
ordinance violations, and enforcement actions may be needed to assess the implementation of certain tree ordinance provisions.
Geographic Information Systems (GIS)
Trees have fixed locations and exert many of their effects, such as shading, on a specific geographic area. Tree growth is also influenced by local site conditions. If tree resource data are linked to the geographic coordinates of the tree or stand of trees they describe, tree information can be displayed and analyzed spatially. Geographic information system (GIS) software is therefore a logical choice for storing and manipulating tree resource data.
Geographic information systems are computer systems capable of assembling, storing, manipulating, and displaying data that are identified according to their locations. Such data may be referred to as geographically referenced information or geospatial data. A GIS can be thought of as an electronic map that includes data associated with specific points, lines, polygons, and/or pixels that represent fixed geographic locations. Numerous websites describe GIS and its capabilities. A few general sites include:
US Geological Survey GIS page: http://egsc.usgs.gov/isb/pubs/gis_poster/ Wikipedia page: http://en.wikipedia.org/wiki/Geographic_information_system GIS software is available for most common computer operating systems and hardware platforms.
Trees have fixed locations and exert many of their effects, such as shading, on a specific geographic area. Tree growth is also influenced by local site conditions. If tree resource data are linked to the geographic coordinates of the tree or stand of trees they describe, tree information can be displayed and analyzed spatially. Geographic information system (GIS) software is therefore a logical choice for storing and manipulating tree resource data.
References:
http://phytosphere.com/treeord/heritage.htm
ORDINANCE NO. 1544 (2010 Series)
Sections:
12.24.010 Purpose and intent.
12.24.020 Tree committee.
12.24.030 Definitions.
12.24.040 Street Trees-Master Lists.
12.24.050 Tree planting plans.
12.24.060 Street tree planting and maintenance standards.
12.24.070 Street tree planting requirements.
12.24.080 Street tree planting procedures.
12.24.090 Tree removal.
12.24.100 Control of trees and shrubs for protection of public safety.
12.24.110 Street tree maintenance.
12.24.120 Tree maintenance by public utilities.
12.24.130 Tree service contractors.
12.24.140 Responsibility for repairing tree damage to curbs, gutters and sidewalks.
12.24.150 Protection of trees.
12.24.160 Heritage trees.
12.24.170 Enforcement.
12.24.180 Appeals.
12.24.190 No liability upon the city.
12.24.010 Purpose and intent.
A.The public interest and welfare require that the city establish, adopt and maintain a comprehensive program for installing, maintaining and preserving trees within the city.
B.This chapter establishes policies, regulations and specifications necessary to govern installation, maintenance, removal and preservation of trees to beautify the city, to purify the air, to provide shade and wind protection, add environmental and economic value and to preserve trees with historic or unusual value.
C.It is the policy of the city to line its streets with trees and to conduct a consistent and effective program for maintaining and preserving these trees. This policy provides for planting trees in all areas of the city and for selecting appropriate species to achieve the city’s goals. It is also the policy of the city to protect and preserve all desirable trees, wherever they are located. It shall be the duty of the director to enforce, implement and carry out this policy and the provisions of this chapter.
D.It is the policy of the city to encourage new tree planting on public and private property and to cultivate a flourishing urban forest with an emphasis on native and drought tolerant species.
E.Trees are essential to the community’s well being and the care and planting of all trees will be done in a manner consistent with city policies and standards.
12.24.020 Tree committee.
A.The tree committee shall act as an advisory body to the director and the city council on all matters related to trees in San Luis Obispo.
B.The tree committee shall have five members who shall serve four-year terms, which shall be staggered.
12.24.030 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.“City Arborist” means the person employed by the city as the City Arborist responsible for making recommendations in the care, planting, pruning, trimming and removal of all trees in the city.
B.“Development” means any subdivision, or other action requiring a building permit or any discretionary permit or approval by the City.
C.“Diameter” means the circumference measured at DSH (Diameter Shoulder Height) or 4’6” as per ISA standards.
D.“Director” means the public works director or his or her designated representative.
E.“Downtown District” means the area between Palm and Pacific and Santa Rosa and Nipomo, and extending south between Higuera and Marsh to where Higuera and Marsh meet, including both sides of each street.
F.“Establish” means to plant and maintain trees during the first years of their life to ensure their survival.
G.“Heritage tree” means any tree existing within the city limits, which has been so designated by resolution of the city council. Heritage trees shall be trees with notable historic interest or trees of an unusual species or size.
H.“ISA” means International Society of Arboriculture.
I.“Major Streets” means those streets identified in the city’s current Engineering Standard “Street Trees-Major Streets”.
J.“Master List” means those trees identified in the city’s Engineering Standard “Street Trees-Master List”.
K.“Maintain” or “maintenance” means the entire care of trees as well as the preparation of ground and fertilizing, mulching, trimming and watering.
L.“Native” means the following listed trees:
(1)Quercus agrifolia (coast live oak),
(2)Umbellularia californica (California laurel),
(3)Platanus racemosa (California sycamore),
(4)Juglans californica (Southern California black walnut), (5)Salix lasiolepis (willow),
(6)Populus trichocarpa (black cottonwood),
(7)Heteromeles arbutifolia (California holly toyon),
(8)Acer macrophyllum (big leaf maple),
(9)Acer negundo (box elder),
(10)Quercus lobata (valley or white oak)
M.“Planting” means new planting and replacement planting.
N.“Public utility” means any company doing business as a public utility under the jurisdiction of the Public Utilities Commission of the state and any duly constituted public agency authorized to provide and providing utility service.
O.“Right-of-Way for Street Trees” – See Diagram
P.“Site Plan” means a map or diagram which will include all buildings, driveways, streets, sidewalks, utilities, trees by size and species and any proposed changes, additions or removals.
Q.“Street tree” means a tree accepted by resolution of the City Council and growing adjacent to dedicated roadways and within the city’s right-of-way or within a street tree easement accepted by the city.
R.“Tree” means a woody, perennial plant with one main stem or trunk which develops many branches: most trees are over ten feet tall. This definition shall include any tree planted by or required to be planted by the city which may attain the stated size at maturity.
12.24.040 Street Trees-Master Lists.
The tree committee, with the assistance of the public works and community development departments, has developed and will maintain a Street Tree-Master List and a Street Tree-Major Streets list which shall be adopted by resolution of the city council and shall be on file in the public works department, engineering standards. These documents shall specify the species of trees suitable and desirable for planting in certain areas in order to establish a diverse urban forest.
12.24.050 Tree planting plans.
A.The city arborist designates specific tree planting plans for certain neighborhoods, developments or blocks, which specify the species and locations for trees to be planted in those neighborhoods or blocks. Plans are subject to the approval of the tree committee, the architectural review commission or the city council. The city arborist must approve any deviations from these tree planting plans.
B.Street tree planting for areas without specific tree planting plans, must be selected from the Street Tree Master List.
12.24.060 Street tree planting and maintenance standards.
The public works and community development departments, 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.
12.24.070 Street tree planting requirements.
A.Planting street trees may be required as a condition of a use permit, variance or other city entitlement.
B.Planting street trees shall be required as a condition of approval for all subdivisions and related building permits. The policies and standards for street tree planting and maintenance shall be followed in all instances.
12.24.080 Street tree planting procedures.
A.After planting, all street trees must be inspected and approved by the city arborist or his or her designee.
B.Required street trees must be planted after completion of each adjacent building and before an occupancy release is issued for the adjacent building.
C. Property owners shall be required to establish and maintain required street trees adjacent to their property, except as provided elsewhere in this chapter.
12.24.090 Tree removal.
A.Policy. The city values trees as an important part of the natural and economic environment and efforts shall be made to preserve them whenever possible and feasible. When reviewing requests for tree removal permits, the city shall discourage removing desirable trees and shall consider approving removal of desirable trees only as a last resort alternative for the applicant.
B.Permits for Removal. Removing any tree in the city shall require a tree removal permit, except as otherwise provided in this chapter.
C.Tree Removal Not Related to Property Development.
1.Removing a tree in all zones except as otherwise provided in this chapter shall require a permit issued by the public works department.
2.An application for a tree removal permit issued by the public works department shall include:
a.A site plan showing the location and species of any tree proposed for removal; b.All information to support the reason for removal;
c.Any other pertinent information to the request, including documentation of property damage.
D. Removals for Tree Health or Hazard Mitigation
1. The city arborist may authorize a tree removal upon receipt of a removal application without the need for a permit from public works upon finding any of the following circumstances:
a.The tree is an imminent hazard to life or property, and removing it is the only feasible way to eliminate the hazard;
b.The tree is dead or dying 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.
2.When the city arborist cannot authorize a tree removal, the request shall be reviewed by the tree committee, which may authorize removal if it finds one of the following circumstances:
a.The tree is causing undue hardship to the property owner. Normal routine maintenance does not constitute a hardship, i.e., cleaning of gutters, leaf raking, pruning or root intrusion into a failed sewer lateral, etc.; or
b.Removing the tree promotes good arboricultural practice; or c.Removing the tree will not harm the character or environment of the surrounding neighborhood.
E.Tree Removal with a Development Permit.
1.To remove a tree from any parcel in the city as part of property development by subdivision, building permit or other entitlement, the developer shall clearly delineate trees proposed to be removed as part of the development application and approval process.
All development applications which include tree removals shall include the following documents:
a.A site plan showing the location and species of any tree proposed for removal; b.All information to support the reason for removal;
c.Any other pertinent information required.
2.Review of the application to remove a tree with a development permit shall proceed as follows:
a.The city arborist shall inspect the property and recommend approving or denying the application;
b.If no architectural review is required for the development, the tree committee shall approve or deny the application;
c.If architectural review is required for the development, the architectural review commission shall approve or deny the application:
(1)If the city arborist has recommended denying the application and the architectural review commission has approved the application, the tree committee shall review the architectural review commission’s decision;
(2)If the tree committee concurs with the city arborist’s recommendation to deny the application when the architectural review commission has approved the application, the city council shall review the matter for final action.
F. Permit Not Required
Removing a tree in R-1 & R-2 zones only, does not require a permit if all of the following conditions exist:
a.The tree is a designated native species and the trunk is less than ten (10) inches DSH (see Definitions; native trees) or when the tree is non-native and the trunk is less than twenty (20) inches DSH; and
b.The tree is more than twenty-five feet from the top of a creek bank; and c.The tree is on a lot developed to the maximum allowed density; and d.The tree is not a street tree, and is not located within ten feet of the back of the sidewalk; and
e.The tree was not a condition of development.
f. The tree is a palm and the trunk is less than 12 inches DSH.
G.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, the city shall replace the tree as soon as feasible during the project.
H.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, visible from a public street, for a period not less than five days before either staff consideration of a tree removal permit or a public hearing on a related development.
2.The public works director may waive notification requirements for a tree removal when the director determines that a tree’s condition threatens public health, safety or welfare.
I.Approval Conditions. In approving an application for tree removal, the director, the tree committee, the architectural review commission or the city council may require planting of replacement trees and may require a bond ensuring that replacement trees shall be planted and maintained.
J.Expiration of Appeals. Decisions on tree removal by the director, the tree committee and the architectural review commission shall be subject to appeal according to the appeal provisions of this code, and no permit shall be issued until the appeal period has lapsed.
K.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 they may do so at their own expense, if the removal is approved by the tree committee. 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 permit unless tree replacement is waived by the tree committee.
12.24.100 Control of trees and shrubs for protection of public safety.
A.To prevent hazards to the public, property owners shall maintain all trees, shrubs and other plant growth on their property or adjacent to their property and within the public right-of- way and shall at all times ensure that no tree shrub or other plant for which the property owners bears responsibility is maintained so as to create a dangerous condition of public property.
Hazards shall include, but not be limited to, branches hanging over sidewalks and shrubbery growing into the right-of-way which interferes with passage or visibility.
B.The city will notify property owners of known hazards by posting abatement notices according to the Streets and Highways Code, Improvement Act of 1911, Sections 5610 through 5618, or as subsequently amended.
C.Any tree or shrub growing on private property that, in the opinion of the director, endangers public property shall be removed or trimmed by the property owner within fourteen days after receiving notice from the director. If the property owner fails to remove or trim the trees or shrubs, the city will conduct the work and assess the property owner for the cost of the City Tree Crew or for a Contractor to do the work. Any removal and trimming costs shall become a lien on the property if not paid by the property owner after being billed by the City.
These costs shall be recorded with the county recorder’s office. The assessment may be collected by court action.
D.To the fullest extent permitted by law, the property owner shall bear responsibility for injuries to and shall be responsible for any liability caused by or resulting from the property
owner’s negligent failure to maintain or repair any tree, shrub or plant growth as required by this Chapter.
E. In case of emergency caused by a tree in a hazardous condition, the tree may be removed by order of the director.
F.Emergency tree services.
The city may provide on-call tree services in emergencies. Emergencies include fallen trees and other immediate safety hazards. The director shall determine if an emergency exists.
12.24.110 Street tree maintenance.
A.Street trees will be pruned and sprayed based on a predetermined schedule approved by the public works director. Owners may wait for scheduled maintenance or may have their street trees pruned by an International Society of Arboriculture certified arborist at their own expense.
B.The city’s pruning of street trees shall not relieve property owners of their responsibility to prevent hazards as required in Section 12.24.100, and to complete all other interim maintenance.
C.The city will maintain all street trees in the downtown commercial area and on major streets.
12.24.120 Tree maintenance by public utilities.
A.A public utility shall obtain a permit, issued by the director and valid for one year from the date of issuance, in order to maintain trees growing adjacent to utility fixtures or apparatus. This permission shall cover trees which encroach upon public streets.
B.When maintaining street trees, a public utility must observe good arboricultural practices, as specified by International Society of Arboriculture Western Chapter Pruning Standards.
C.When public utility pruning affects ten percent or more of a street tree’s natural canopy, or when there are energized utility lines closer than ten feet from a street tree’s main trunk or trunks, the public utility shall provide complete pruning of the entire tree.
12.24.130 Tree service contractors.
A.Any tree service provider doing business in the City of San Luis Obispo must have the appropriate contractors license, city business license, and at least one currently certified ISA arborist on its staff overseeing any work done in the city. This arborist must oversee all pruning work and certify that all work meets the city’s pruning specifications.
B.All tree trimming work must conform to Western Chapter of the International Society of Arboriculture pruning standards, OSHA safety regulations and ANSI standards.
C. Any tree work involving staging in the right-of-way requires an encroachment permit.
12.24.140 Responsibility for repairing tree damage to curbs, gutters and sidewalks.
A.When roots of a street tree damage city curbs, gutters and sidewalks, including driveway ramps, the city shall be responsible for appropriate corrective measures which are least damaging to the tree. Work will be undertaken in accordance with Section 12.24.090 J.
B.When roots of a tree, other than a street tree, damage city curbs, gutters and sidewalks, including driveway ramps, the property owner shall be responsible for appropriate corrective measures which are least damaging to the tree.
C.When the city installs new sidewalks, curb or driveway approaches the city shall seek alternative options to preserve desirable trees. When trees must be removed it shall be the responsibility of the city to remove any trees. Any trees so removed shall be replaced at the city’s expense with acceptable trees from the Master Tree List.
D.When a property owner installs or repairs sidewalk, curb or driveway approach, the property owner shall seek alternative options to preserve desirable trees. When trees must be removed, removal shall be at the expense of the property owner. Any trees so removed shall be replaced by the property owner with acceptable trees from the Master Tree List in a location approved by the city arborist.
12.24.150 Protection of trees.
A.No person shall:
1.Trim, prune or cut any tree unless such work conforms to this chapter and is performed in accordance with all International Society of Arboriculture standards. In no case shall more than one-third of the tree canopy be removed.
2.Interfere, or cause any other person to interfere, with employees of the city who are engaged in planting, maintaining, treating or removing any tree or removing any material detrimental to the tree.
3.Willfully injure, disfigure or intentionally destroy by any means any tree, except with permits described elsewhere in this chapter.
4.Construct concrete, asphalt, brick or gravel sidewalk, or otherwise fill up the ground area near any tree, to shut off air, light or water from the roots, except under written authority from the public works department.
5.Place building material, equipment or other harmful substance near any tree, which might cause injury to the tree.
6.Post any sign on any tree, tree-stake or guard, or fasten any guy wire, cable or rope to any tree, tree-stake or guard, except when said activity relates to slack lining (The act of balancing and tight rope style walking on a suspended line) and is conducted in an area designated by City council resolution for slack lining...
7.Plant any street tree except according to policies, regulations and specifications established pursuant to this chapter or any currently applicable ordinances or code sections.
B.Tree-stakes or guards may be placed around street trees by property owners for the purpose of protecting or training the trees, with approval of the director.
C.It shall be unlawful for a property owner to maintain a tree or shrubbery hazard as described in Section 12.24.100 and identified by city inspection.
D.Any tree required to be planted must be maintained in good health or replaced by property owner.
E.Any person or contractor deemed responsible for damaging any tree in violation of this ordinance shall be liable for penalties to the city according to Chapter 12.24.170, Enforcement.
F. The City Council may designate slack lining areas in City parks. Such an area is designated by City Council resolution in Meadow Park.
12.24.160 Heritage trees.
A.The city recognizes the important role trees have played in the history and development of San Luis Obispo and recognizes that a wide variety of trees can grow in its unique and temperate climate.
B.Any healthy tree within the city limits may be proposed as a heritage tree. The city arborist and tree committee review each proposed heritage tree and, with the owner’s consent, recommend suitable candidates to the city council for official designation as heritage trees.
C.The city shall protect and maintain all designated heritage trees. Heritage trees shall be pruned according to a schedule developed and approved by the public works director. All interim maintenance shall be the responsibility of the property owner.
12.24.170 Enforcement.
The public works department shall be responsible for enforcement of this chapter.
A.Any person deemed responsible for damaging a tree or removing a tree without a permit as described in this chapter shall be liable for civil penalties to the city. (1)The civil penalties shall be the value of the tree times two, plus all staff costs related to the illegal tree removal or tree damage. The city arborist will compute the value of the tree using methods established by the International Society of Arboriculture. (2)The property owner shall also be held responsible for damaging or removing a tree on the owner’s property without a permit as described in this chapter and be liable for additional civil penalties to the city as described above 12.24.170A(1). (3)If the tree removal or damaged tree is related to any development or subdivision then the civil penalties shall be the value of the tree times four, plus all related staff costs. (4)In addition to civil penalties the property owner will be required to plant up to three trees under the direction of the city arborist. The size of the tree shall be determined by the city arborist and may be up to a 48” box tree.
(5) For damaged trees, in addition to civil penalties, the property owner will be required to obtain the services of an ISA certified arborist to determine the future viability of the tree and if salvageable, create a maintenance plan to restore the tree. (6)The city council may adopt, by resolution, alternate civil damage amounts to be assessed against any person deemed responsible for damaging, harming or removing a tree without a permit.
12.24.180 Appeals.
A.In accordance with the provisions of San Luis Obispo Municipal Code, Chapter 1.20, any person aggrieved by an act or determination of the staff in exercising the authority herein granted shall have the right to appeal to the tree committee, whose decisions are appealable to the city council.
B.Appeals received by the city clerk within ten calendar days from the date of determination or act shall cause the public works director to withhold tree removal permits and stop any construction or demolition activity affecting the subject tree until the appeal is heard and a decision is reached.
12.24.190 No liability upon the city.
Nothing in this chapter 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 of any private property from the duty to keep in safe condition any trees and shrubs upon that private property or upon sidewalks and planting areas in front of that property.
HERITAGE TREE PROGRAM
OF SAN LUIS OBISPO
INFORMATION PACKET AND FORM
HERITAGE TREE PROGRAM
PHILOSOPHY
Because of San Luis Obispo’s heritage, where trees played an important part in the day to day life of our forefathers, and because of our unique and temperate climate in which a wide variety of trees can grow, it is appropriate to call attention to their part of our heritage and to illustrate their significant contributions. The Tree Committee proposes the following plan to formalize this Heritage Tree Program, so that citizens and groups may participate in this community program.
HOW TO APPLY FOR DESIGNATION
a. Submit Heritage Tree proposal and agreement forms to Urban Forest Services b. Proposal will be reviewed by Urban Forest Services staff c. Proposal will be reviewed by Tree Committee
d. Proposal will be reviewed by City Council – adopt resolution – designation as Heritage Tree
HERITAGE TREE TOURING MAP
The Heritage Trees of San Luis Obispo are mapped and become part of a self-guided tour that interested parties can visit at their own pace. Addresses, photos, facts and descriptions of each tree Heritage Tree are listed.
PROPERTY OWNERS – ADVANTAGES AND RESPONSIBILITIES
1. Property owner is to notify the City if any noticeable changes take place with its health on or near the tree.
2. A botanical description and photographs of the tree and its history will be developed and shall be provided to the property owner.
3. An estimate of the worth of the tree shall be developed by the City and provided to the property owner.
4. The property owners may or may not, at their discretion, allow close-up viewing and enjoyment of the Heritage Tree on their property.
5. The tree may be included as part of the “The Heritage Trees of San Luis Obispo” self-guided tour map including the location of each tree, photographs, description and information about the tree.
6. The City of San Luis Obispo will not be responsible for any tree that is injured or dies due to circumstances beyond our control; i.e., unforeseen natural occurrence, accidents, vandalism, life expectancy, etc., and the property owner may not look to the City for replacement or compensation.
7. This program involves no cost to the property owner.
8. A limited number of trees will be proposed.
9. There are three categories of Heritage Trees:
a. Public trees – parks, public buildings, playgrounds, etc. b. Voluntary cooperation – privately owned trees.
c. Required cooperation – tree preservation in new developments, etc.
MAINTENANCE AND UPKEEP
Property owners will provide all regular maintenance: i.e., watering, raking leaves, etc.
PROPOSAL FOR HERITAGE TREE DESIGNATION
Criteria for Designation as San Luis Obispo Heritage Trees
Trees shall be accepted for consideration as Heritage Trees when they fall within the following classifications:
1. Historical Interest
2. Arboricultural Interest
a. Size
b. Age (one of the oldest in the community)
c. Rare or unusual species for this area
d. Outstanding specimens
e. Distinctive structural interest
The Committee shall judge the request for consideration of each tree with the following factors in mind:
1. Condition and state of health of the specimen
2. Permanence of site location
3. Visual accessibility
1. Address of tree and location on lot _______________________________________________________________
2. Requesting party (individual or group) ____________________________________________________________
3. Property Owner ______________________________________________________________________________
4. Species _____________________________________________________________________________________
5. Age ________Height _______ Spread ________ Trunk diameter at 56” above natural grade _________________
6. Describe – Arboricultural or Historical Interest _____________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________
7. Photographs (2) minimum at right angles to each other.
Osage orange tree in Meadow Park, SLO
HERITAGE TREE PROPERTY OWNER AGREEMENT
I _______________________________________________ have read the City of San Luis Obispo’s Heritage Tree Program with the City’s Tree Division staff and understood its impact on my property at the following described address.
I agree that the City of San Luis Obispo may designate my (tree species) ______________________________________
Located at ________________________________________________________________________________________
As a City of San Luis Obispo Heritage Tree, in accordance with the established program rules, regulations and guidelines.
__________________________________ _____________________________________ Date Property Owner
_____ I do not wish to have my tree listed in the self-guided Heritage Tree tour.
Return to: City of San Luis Obispo
25 Prado Rd.
San Luis Obispo, CA 93401
Attn: City Arborist - Urban Forestry
G:\Asset-Management\Trees\HeritageTrees\SLO heritage treeInfoPacket1 12-14.doc