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.
(Ord. 1060 § 1, 1989; Ord. 1271 § 1, 2000; Ord. 1514 § 1, 2016)
means any certified arborist designated by the director.
means the parks and recreation commission of the city of
South San Francisco.
means the parks and recreation department of the city of
South San Francisco.
means the director of the parks and recreation department
of the city of South San Francisco.
means the area directly located under the outer circumference
of the tree branches.
shall have that meaning established in Section 20.630.002
of the South San Francisco Municipal Code.
means a generally recognized ornamental tree and shall exclude
fruit, citrus, or nut bearing trees.
means the area of a lot covered by any building, and does
not include areas covered only by pavement.
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.
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.
means:
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
inches or more when measured fifty-four inches above natural grade;
or
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 inches or more when measured fifty-four inches above
natural grade; or
Any upright, single-trunked tree considered to be a heritage
tree species, with a circumference of thirty inches or more when measured
at fifty-four 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”).
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
A stand of trees in which the director has determined each tree
is dependent upon the others for survival.
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.
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.
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.
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 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 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 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 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.
(Ord. 1060 § 1, 1989; Ord. 1271 § 1, 2000; Ord. 1514 § 1, 2016)
(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.
(Ord. 1060 § 1, 1989; Ord. 1271 § 1, 2000; Ord. 1514 § 1, 2016)
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.
(Ord. 1060 § 1, 1989; Ord. 1271 § 1, 2000; Ord. 1514 § 1, 2016)
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.
(Ord. 1060 § 1, 1989; Ord. 1271 § 1, 2000; Ord. 1514 § 1, 2016)
(a)
Owners, or their authorized representative, of a protected tree 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 months.
Owners shall reapply if work has not been completed within four 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: (1) 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 a 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.
(Ord. 1060 § 1, 1989; Ord. 1271 § 1, 2000; Ord. 1514 § 1, 2016)
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.
(Ord. 1060 § 1, 1989; Ord. 1271 § 1, 2000; Ord. 1514 § 1, 2016)
Any protected trees that are removed shall be replaced as follows:
(a)
Replacement shall be three fifteen-gallon-size or two 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
months. Applicants shall reapply if work has not been completed within
four 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 months of the tree removal, a payment to the tree planting fund
in the amount of the current cost of two twenty-four-inch-box trees
of a species dictated by the director shall be made.
(b)
Any protected tree removed without a valid permit shall be replaced
by three 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 months of the tree
removal, a payment to the tree planting fund in the amount of the
current cost of three 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. Such payment shall be in addition to any other
penalties imposed by the city for violation of this chapter.
(c)
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 chapter.
(d)
At the director’s discretion, if replacement trees, as designated in subsection (a) or (b) 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.
(e)
All payments made in restitution for violation of this tree preservation
chapter, 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.
(Ord. 1060 § 1, 1989; Ord. 1271 § 1, 2000; Ord. 1514 § 1, 2016)
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.
(Ord. 1060 § 1, 1989; Ord. 1271 § 1, 2000; Ord. 1514 § 1, 2016)
(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.
(Ord. 1060 § 1, 1989; Ord. 1271 § 1, 2000; Ord. 1514 § 1, 2016)
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.
(Ord. 1060 § 1, 1989; Ord. 1271 § 1, 2000; Ord. 1514 § 1, 2016)
(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 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 designee by any interested person by filing a written appeal setting
forth the grounds for appeal with the city clerk within thirty days
after the determination. Hearing dates shall be set administratively.
Notice of the hearing shall be given by first class mail to the appellant
and the applicant at least ten days prior to the date of hearing.
(Ord. 1060 § 1, 1989; Ord. 1271 § 1, 2000; Ord. 1514 § 1, 2016)
In addition to any other penalties allowed by law, any person
removing, pruning, abusing, or mutilating a tree in violation of this
chapter shall be liable for damages equal to twice the replacement
value of the tree, not to exceed one thousand dollars, 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.
(Ord. 1060 § 1, 1989; Ord. 1271 § 1, 2000; Ord. 1514 § 1, 2016)
