Chapter 12.20
MAINTENANCE AND REMOVAL OF TREES ON PUBLIC AND PRIVATE PROPERTY
Sections:
12.20.010 Intent—Purpose.
12.20.020 Definitions.
12.20.030 Tree maintenance responsibility.
12.20.040 Property owner maintenance responsibility—Interference with right-of-way and sidewalk.
12.20.050 Obstructions—Notice to owner to remove.
12.20.060 Abatement of nuisance by City.
12.20.070 Permit required to remove heritage trees.
12.20.080 Application for and granting of permits—Heritage trees on private property.
12.20.090 Emergencies.
12.20.100 Notice.
12.20.110 Preservation and maintenance of existing heritage trees.
12.20.120 Appeals—Referral to Planning Commission.
12.20.130 Violation—Tree removal without permit.
12.20.140 Liability limitations.
12.20.010 Intent—Purpose.
A. This chapter is adopted because the City has determined that the preservation, maintenance and reforestation of trees is necessary for the health and welfare of the City in order to preserve the scenic beauty; provide habitat; maintain property values; prevent erosion of topsoil; protect against flood hazards and the risk of landslides; counteract the pollutants in the air; maintain the climatic balance and decrease wind velocities; and promote the general welfare and prosperity of the City.
B. It is the further intent of this chapter to establish regulations for the preservation and removal of heritage 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. (Ord. 1252 § 2 (part), 1998)
12.20.020 Definitions.
A. “Director” means the Director of Public Works of the City or his/her designee.
B. “Hedge” means any group of shrubs planted in line or in groups so that the branches of any one plant are intermingled or form contact with the branches of any other plant in the line.
C. “Heritage tree” means any tree that is thirty-six inches in circumference (or more), (which is approximately eleven and one-half inches in diameter), outside of bark, measured at forty-eight inches above natural grade.
D. “Park strip” means that area of the public street located between the face of the curb and closest edge of the sidewalk.
E. “Persons” means any person, firm, association, organization, partnership, business, trust, company, corporation, public agency, school district, the State of California, its political subdivisions and/or instrumentalities thereof, excluding the City.
F. “Private tree” means any tree located within the boundaries of privately owned property, and includes any tree located within any unimproved right-of-way abutting a private property and in any park strip or sidewalk abutting a private property.
G. “Public tree” means any tree located within any street median, City park or other parcel of publicly owned property, including any tree located in a City maintained park strip on Laurel Street, and San Carlos Avenue (1100 and 1200 blocks only).
H. “Remove” means cutting to the ground, extracting, killing by spraying, girdling, or any other means, or defacing or destroying, or severely trimming a tree.
I. “Shrub” means a bush, hedge or any plant that is not a tree more than twelve inches tall.
J. “Sidewalk” means any concrete sidewalk lying within that area of the street between the face of the curb and the right-of-way line.
K. “Tree” means a woody or fibrous plant, the branches of which spring from and are supported upon a trunk.
L. “Trim” means the cutting or removal of any limbs, branches or roots of trees which will not seriously impair the health of the tree.
M. “Unimproved right-of-way” means that portion of a public street, within the public right-of-way, that is not improved or maintained by the City. (Ord. 1366 § 1, 2005; Ord. 1252 § 2 (part), 1998)
12.20.030 Tree maintenance responsibility.
The City of San Carlos shall have the responsibility for trimming and maintaining public trees, and private property owners shall be responsible for trimming and maintaining private trees. (Ord. 1252 § 2 (part), 1998)
12.20.040 Property owner maintenance responsibility—Interference with right-of-way and sidewalk.
The owners of parcels fronting on any portion of a street shall maintain any trees and shrubs on their parcel and in any contiguous parking strip and unimproved right-of-way, in such condition that the trees or shrubs will not interfere with the public safety and convenience in the use of the streets or sidewalks. Such owners shall also maintain such trees so that there is an eight- foot pedestrian clearance from the top of the sidewalk or pathway, and a thirteen-foot vehicular clearance from the top of the curb or top of the pavement. (Ord. 1252 § 2 (part), 1998)
12.20.050 Obstructions—Notice to owner to remove.
A. The Director may inspect any and all trees, shrubs and landscaping which, standing on any private property, including in any park strip, and unimproved right-of-way, or sidewalk, or overhang or project into any such street or sidewalk to determine whether any of the same, or any part thereof, creates an obstruction or a hazard to the public.
B. Upon his determination, the Director shall give written notice personally to the owner or person in possession of the premises, or by mailing a notice to the owner thereof at his last known address, as the same appears on the last equalized assessment roll of the County, to remove or abate the obstruction or the hazard within two weeks from the date of the notice. (Ord. 1252 § 2 (part), 1998)
12.20.060 Abatement of nuisance by City.
If a property owner fails or refuses to abate a nuisance, the City may abate the condition and the City’s cost of such abatement shall be reimbursed to the City by the property owner. (Ord. 1252 § 2 (part), 1998)
12.20.070 Permit required to remove heritage trees.
It is unlawful for any person to remove any heritage tree within the City of San Carlos without first obtaining a permit from the Director. A fee set by City Council resolution shall be charged for such permit. The City shall not require a permit for its removal of a public tree, but shall comply with the criteria in Section 12.20.080 in determining whether it should remove a heritage tree which is a public tree. (Ord. 1252 § 2 (part), 1998)
12.20.080 Application for and granting of permits—Heritage trees on private property.
A. Any person desiring to remove a heritage tree which is also a private tree must apply to the Director for removal. Such application shall identify the species, contain the number, size and location of the trees or trees involved, contain a brief statement of the reason for the requested action, and describe any other pertinent information the Director may require. Within twenty working days of receipt of the application, the Director or his authorized representative shall inspect the premises and tree(s) and shall ascertain whether the heritage tree(s) may be removed; provided, however, the Director may upon receipt of the application and such information, maps, sketches and/or photographs as he deems sufficient, make a determination without an inspection; provided further, failure to act shall not be deemed approval.
B. If no action on an approved, issued permit is taken within a period of one year from the date of approval, the permit shall be considered void. The determination of the Director in granting or denying the permit shall be based upon making one or more of the following findings:
1. The tree: (a) is diseased; or (b) could adversely affect the general health and safety; or (c) could cause substantial damage; or (d) is a public or private nuisance; or (e) is in danger of falling; or (f) substantially detracts from the value of the property; or (g) interferes with utility services; or (h) acts as a host for a plant which is parasitic to another species of tree which is in danger of being infested or exterminated by the parasite; or (i) is a substantial fire hazard;
2. The required action is necessary to: (a) utilize the property in a manner which is of greater public value than any environmental degradation caused by the action; or (b) allow reasonable economic or other enjoyment of the property.
C. The Director may refer the application to another department, committee or person for report and recommendation, or may require a report from a licensed arborist at the expense of the applicant.
D. In granting a heritage tree removal permit, the Director may attach reasonable conditions to insure compliance with the content and purpose of this chapter, such as, but not limited to, requiring replacement of trees removed with plantings acceptable to the Director. The replacement tree shall be a minimum size twenty-four inch box specimen tree of a species, size and location approved by the Director. If a permit is denied or conditions attached, the Director shall provide the applicant with a written statement of the reasons for such denial or conditions based upon the above standards. (Ord. 1252 § 2 (part), 1998)
12.20.090 Emergencies.
If an emergency develops regarding a heritage tree removal which requires immediate response for the safety of life or property, action may be taken by obtaining oral permission of the Director, notwithstanding other provisions contained in this chapter. Such emergencies shall be exempt from heritage tree permit application procedures, however replacement shall occur as provided in this chapter. (Ord. 1252 § 2 (part), 1998)
12.20.100 Notice.
The Director shall post a notice of issuance of any permit for a tree removal at City Hall, and the notice shall remain posted for at least one week or until the tree has been removed, whichever is later. (Ord. 1252 § 2 (part), 1998)
12.20.110 Preservation and maintenance of existing heritage trees.
A. When proposed new structures or developments encroach into the dripline area of any heritage tree, special construction to allow irrigation and aeration of roots, and preservation of the heritage tree, as determined by the Director, may be required with respect to any application for a building permit or other City permit.
B. The existing ground surface within the dripline of the heritage tree shall not be cut, filled, compacted or paved without having first obtained permission of the Director. Tree wells or other techniques may be used where advisable. Excavation adjacent to such heritage trees, where material damage to the root system will result, shall be allowed only after obtaining a permit as provided under this chapter. (Ord. 1252 § 2 (part), 1998)
12.20.120 Appeals—Referral to Planning Commission.
Any decision of the Director regarding this chapter may be appealed to the City Council. Any appeal must be filed within ten days of the decision to issue or deny the permit. The Director may refer a tree removal request to the Planning Commission for determination if the Director determines that removal of the tree may cause a significant visual loss or environmental impact to the community. (Ord. 1252 § 2 (part), 1998)
12.20.130 Violation—Tree removal without permit.
In addition to penalties provided in Chapter 1.20 of this Code, any person who removes or causes to be removed any heritage tree in violation of this chapter shall be required to:
A. Apply for and obtain a tree removal permit and pay a double application fee.
B. Be responsible for property restoration which shall include:
1. Replacing the tree or trees removed with a tree or trees of reasonably equivalent value and largest size feasible to the tree(s) removed;
2. The number, size and location of replacement trees shall be determined by the Director after receipt of a report and recommendation by a licensed arborist;
3. Paying the fees of the licensed arborist, including any fees for the valuation under subsection C of this section.
C. Pay a civil penalty to the City, with the funds placed in the City’s Tree Planting Fund, in the amount of two thousand five hundred dollars or the actual monetary value of the tree(s), as determined by a licensed arborist, whichever is less. The arborist shall use the then-current issue of “A Guide to Plant Appraisal” published by the International Society of Arboriculture. (Ord. 1302 § 1, 2002: Ord. 1252 § 2 (part), 1998)
12.20.140 Liability limitations.
Nothing contained in this chapter shall be deemed to impose any liability upon the City, its officers or employees, nor to relieve the owner of any private property from the duty to keep trees, heritage trees, shrubs and hedges upon such private property, or under his control, or upon streets in front of or contiguous to such private property, in a safe condition. (Ord. 1252 § 2 (part), 1998)