Daly City Municipal Code Ch. 12.40 Urban Forestry

The purpose of this chapter is:

A. To realize the optimum public benefits and uses of trees, shrubs and vines on city streets, in all public places and on private property;

B. To integrate street planting and maintenance with other urban infrastructure;

C. To promote efficient and effective cost benefit management of the city's urban forest by coordinating public and private efforts within a comprehensive and professional management system;

D. To reduce the public hazard, nuisance and expense caused by improper tree selection, planting and maintenance;

E. To provide for the creation of an equitable, sustained and reliable means of funding urban forest management throughout the city;

F. To create and maintain an integrated diverse urban forest resource, enhancing the city's overall character, health and well-being of Daly City citizens;

G. To encourage citizen involvement in tree-related decisions;

H. Balance benefits with cost requirements;

I. Reduce local and global air pollution by increasing plants that ingest carbon dioxide, nitrogen oxides, carbon monoxide and sulfur dioxides;

J. Capture particulate matter and produce oxygen;

K. Reduce wind speed and direct air flow;

L. Reduce noise pollution;

M. Provide habitat for birds;

N. Reduce run-off and potential for soil erosion;

O. Increase public well-being, relaxation and contentment;

P. Enhance visual and aesthetic qualities throughout the city that attracts visitors and businesses and serves as a source of community pride, image and economic vitality.

(Ord. 1236 § 1 (part), 1996)

For the purposes of this chapter, the following words and phrases shall have the meanings respectfully ascribed to them by this section, unless it is apparent from the context that a different meaning is intended:

"Director" means the public works director.

"Drop crotch" means reducing the height of a tree or branch by thinning the terminal to a large lateral, the lateral being at least one-third to one-half the diameter of the cut being made. (See Attachment A, attached to the ordinance codified in this chapter.)

"Historic or heritage tree" means a tree of local historical interest or unusual age, variety, structure or size.

"Maintenance" includes pruning, trimming, spraying, root-pruning, fertilizing, staking, guying, bracing, cabling, irrigating, planting, transplanting, removing, treating for disease or injury, and any other similar act which promotes the life, growth, health or beauty of trees, shrubs, flowers or vines.

"Median area" means a planting strip that serves as a traffic island within a public street.

"Parkways" means that open area between the curb and sidewalk.

"Person" includes an individual, firm, association, corporation, partnership and the lessees, trustees, receivers, agents, servants and employees of any such person.

"Plant" includes trees, shrubs or any other plant material (non-woody, annual or perennial) in nature.

"Easement" means a right-of-way, easement or use restriction acquired for public use by dedication or otherwise for sewers, pipelines, pole lines, electrical transmission and communication lines, pathways, storm drains, drainage canals, water transmission lines, light and air and other limited use public easements other than for street and highway purposes.

"Pruning standards" will be as presented in the most current edition of the International Society of Arboriculture Handbook.

"Public places" includes all publicly owned grounds, other than streets or parks, which are publicly owned and open to the public.

"Shrub" incudes any woody perennial plant, normally low, multi-stemmed, adaptable to shaping, trimming and pruning without injury.

"Street" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.

"Street tree" includes any woody perennial plant which when mature has the following characteristics: a single main axis or stem commonly achieving fifteen feet in height, and capable of being shaped and pruned to develop a branch free trunk at least nine feet in height or capable of being pruned in such a manner that the branching will grow parallel with the sidewalk or street which is growing upon any parkway, easement, right-of-ways or other publicly-owned area.

"Street tree list" means the officially adopted list for the planting of certain types, varieties and specie of trees in public right-of-ways within the city.

"Tree" includes any woody perennial plant having a single main axis or stem commonly achieving fifteen feet in height.

"Tree well" means a cavity of specific shape, construction and dimension per standard plans and specifications of the city and designated to facilitate the maintenance and existence of a street tree.

"Urban forest" means all trees, shrubs, flowers, and vines within the city limits which are subject to the jurisdiction of the city parks and recreation department.

(Ord. 1236 § 1 (part), 1996)

(Ord. No. 1360, § 5, 4-9-2012; Ord. No. 1387, § 3, 3-23-2015)

The director of public works or his/her authorized representative shall be responsible for the administration and enforcement of this chapter.

A. Any action of the director of public works may be appealed and heard by the parks advisory board. To be effective, an appeal must be filed within ten days after the decision of the director. The appeal shall be in writing and shall be filed with the director for placement in the board's agenda. The appeal shall clearly specify the reason for which a hearing is requested. After a hearing, the parks advisory board shall render its decision.

Any action of the parks advisory board may be appealed and heard by the city council. To be effective, an appeal must be filed within ten days after the decision of the board. The appeal shall clearly specify the reason for which a hearing is requested. After a hearing, the city council shall render its decision which shall be final.

B. Alternatively, violations, appeals, cost recovery and abatement of any violation of this chapter may be addressed pursuant to Chapter 8.16, the city's property maintenance and nuisance abatement ordinance.

(Ord. 1236 § 1 (part), 1996)

(Ord. No. 1360, § 6, 4-9-2012)

Nothing in this chapter shall impose any liability upon the city or upon any of its officers or employees, nor relieve the owner and occupant of any private property from the duty to keep trees and shrubs upon private property or under their control, nor to relieve the owner and occupant of any private property from the duty to keep sidewalks and parkways in front of such private property in a safe condition, or to relieve the owner and occupant of any private property from the duty to keep any tree, shrub or other plants in such a condition as to prevent it from constituting a hazard or an impediment to vision or travel upon any street, sidewalk, park or public place in the city.

(Ord. 1236 § 1 (part), 1996)

For the purposes of this chapter, the following conditions are determined to be a nuisance, and may be abated pursuant to this chapter, or pursuant to Chapter 8.16, the city's property maintenance and nuisance abatement ordinance:

A. Any dead, diseased, infested, dying or structurally hazardous tree on private property so near to any street tree so as to constitute a danger to street trees, streets, sidewalks or alleys or vehicular or pedestrian traffic;

B. Any tree, shrub, vine or flower or any private property that is interfering with, impairing or destroying any street improvements, sidewalks, curbs, gutters, sewers, water or gas lines, block walls, street trees, or other related street hardware;

C. Any tree, shrub, vine or flower that is deemed harmful on oral or other physical contact by a person as determined by the director of public works or an authorized representative;

D. Within the thirty-foot triangle of private property at the intersection on any street improved for vehicular traffic, any tree limb, shrub, or other plant reaching a height of more than thirty inches above the grade adjacent thereto, except tree trunks having no limbs lower than nine feet above curb grade;

E. Vines or climbing plants growing into or over any street tree or any public hydrant, pole, street sign, stop sign or electroler;

F. A publicly owned tree in direct or intermittent contact with any electrical conductor owned by a utility company which must be trimmed away from the conductor;

G. The existence of any branches or foliage which interferes with visibility of, free use of, or access to any portion of any street, sidewalk or alley improved for vehicular or pedestrian travel;

H. Tree houses, ladders, aerials, swings, ropes or any other material attached to publicly owned trees.

(Ord. 1236 § 1 (part), 1996)

(Ord. No. 1387, § 3, 3-23-2015)

A. When any public nuisance as defined in Section 12.40.050(C) above exists, a notice shall be placed on the door of the residence. Utility companies responsible for electrical conductors shall be notified by a documented telephone call. A follow-up notice shall be mailed to the resident property owner by ordinary United States mail. The notice shall describe the condition, state the work necessary to remedy the condition and shall specify the time within which the work must be performed. Any property owner may, within ten days after the mailing of the notice, request a hearing before the appeals board on the issue of whether a public nuisance actually exists. Appeals shall be conducted in accordance with the procedures set forth in Section 12.40.030.

B. If, at the end of the time for correction specified in the notice or order if the matter was appealed, such work has not been performed, the city may perform such work and the cost thereof shall constitute a charge against the property owner, and such charge shall be a lien on such property. If the property owner fails to pay such charge within thirty days after a bill is submitted by the city, such charge shall be assessed against the parcel of land of the property owner, and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes.

(Ord. 1236 § 1 (part), 1996)

(Ord. No. 1387, § 3, 3-23-2015)

A. No person shall abuse, destroy or mutilate any tree, plant or shrub in a parkway, easement or any other public place, nor attach or place any rope, wire (other than one used to support a young or broken tree) sign, poster, handbill or other things to or on any tree growing in a public place, or to cause or permit any gaseous, liquid or solid substance which is harmful to such trees to come in contact with their roots, trunk or leaves.

B. Violation of this section may be handled pursuant to Sections 12.40.030 and 12.40.100.

(Ord. 1236 § 1 (part), 1996)

Plans submitted to the city for the construction; repair or alteration of any building, house or structure shall include provisions for sufficient guards or protectors to prevent injury to any existing publicly owned trees, shrubs, flowers or vines. Such plans for protection shall be approved by the director of public works ten days prior to the issuance of permit to proceed.

(Ord. 1236 § 1 (part), 1996)

(Ord. No. 1387, § 3, 3-23-2015)

If construction, repair or alteration of any building, house or structure in the city causes a tree to be removed from public property and there is insufficient space to replace the tree in the parkway, easement or public area, the property owner shall:

A. Plant a comparable size tree species approved by the city parks division, minimum twenty-four inch box size, in the private landscape area; or

B. Pay to the city the city's cost of replacing the removed tree, as provided by Section 12.40.100.

(Ord. 1236 § 1 (part), 1996)

(Ord. No. 1387, § 3, 3-23-2015)

A. Replacement trees shall be a minimum of two, each twenty-four-inch box size, the combined canopy of which is approximately ten percent of the average street tree canopy in the city, (one hundred seventy-five square feet), or replacement canopy of seventeen square feet. The applicant shall post a cash deposit with the city in an amount determined by the director of public works which shall include labor costs for replanting and removal if the director of public works determines that the tree is a total loss.

B. If it is determined that replacement trees cannot be planted in the same frontage costs for two trees, each twenty-four-inch box size plus labor for planting, shall remain in effect. These replacement trees shall be planted on specified alternate public property.

C. Where injury has occurred to the tree, shrub, flower or vine during the erection, repair, construction or alteration of any building, house or structure, or by truck and/or car accident, house moving or by acts of vandalism, the offending party or insurance company shall not be released from liability until the director of public works or his/her authorized representative determines that the tree has fully recovered (see Section 12.40.140).

(Ord. 1236 § 1 (part), 1996)

(Ord. No. 1387, § 3, 3-23-2015)

A. No person shall spray, root-prune, fertilize, stake, guy, rod, cable, plant, transplant, grade or trench within the foliage drip line or remove any public, right-of-way or street tree, vine, shrub or flower without obtaining a permit from the director of public works. Notwithstanding, weed and trash removal from the base of the tree is permitted and is the responsibility of the abutting property owner.

B. Violation of this section may be handled pursuant to Sections 12.40.030 and 12.40.100.

(Ord. 1236 § 1 (part), 1996)

(Ord. No. 1387, § 3, 3-23-2015)

A. It is unlawful for any person, firm or corporation to cut down, remove or destroy any tree growing upon any parkway, easement, right-of-ways or other publicly owned area without first securing a permit to do so from the director of public works.

B. Application for a permit to cut down, remove, transplant or destroy any live growing tree on any parkway, easement, right-of-ways or other publicly-owned area within the city shall be filed in the office of the director of public works and shall be accompanied by the specific reasons for removal. The director of public works shall investigate the application to determine the conditions under which the permit may be granted or denied. The application shall also be accompanied with a permit fee.

C. The director of public works or his/her authorized representative shall submit a report and decision to the requester with a copy to public works/engineering and economic and community development (ECD)/planning.

D. If the decision is to grant removal of a live, healthy tree, the costs for removal shall he paid by the requester.

E. The requester may obtain removal cost estimates from a private tree contractor. Removal specifications and inspection of private contractor's work shall be required by the city.

F. A cash deposit in an amount specified by the director of public works shall be deposited with the public works department to insure job completion and cleanup.

(Ord. 1236 § 1 (part), 1996)

(Ord. No. 1387, § 3, 3-23-2015)

A. The removal conditions outlined in Section 12.40.120 may be waived by the director of public works if the street tree has been damaged beyond repair by natural causes or has died by natural causes. In such cases, the tree will be removed and replaced at no cost to the property owner.

B. If it is determined that the tree had been damaged or died of unnatural causes, the property owner shall pay for removal and replacement costs. The property owner will be served with a correction notice to remove (see Section 12.40.070).

C. The director of public works shall determine cause of damage and death.

(Ord. 1236 § 1 (part), 1996)

(Ord. No. 1387, § 3, 3-23-2015)

A. Replacement trees shall be a minimum of two, each twenty-four-inch box size, the combined canopy of which is approximately ten percent of the average street tree canopy in the city; (one hundred seventy-five square feet) or replacement canopy of seventeen square feet. The applicant shall post a cash deposit with the city in an amount determined by the director of public works which shall include labor costs for planting.

B. If it is determined that replacement trees cannot be planted in the same frontage, costs for two trees, each twenty-four inch size, plus labor for planting, shall remain in effect. This replacement tree shall be planted on specified alternate public property.

C. Replacement tree species shall be determined by the director of public works.

(Ord. 1236 § 1 (part), 1996)

(Ord. No. 1387, § 3, 3-23-2015)

A. New tree plantings on private property that result from use permits, zone changes, subdivisions and related activities shall require a one-year establishment period to ensure the health and vigor of the tree. Establishment period will commence upon city's acceptance of the planting.

Tree replacement shall be required if the tree dies during the establishment period. A new establishment period will be determined at the time of replanting.

B. All trees planted by property owners or contractors shall be inspected by a city representative prior to planting and planted in accordance with current city planting specifications.

C. Tree species shall be designated by the director of public works or his/her designee.

D. It shall be the policy of the city to maximize the planting of trees in all public areas.

(Ord. 1236 § 1 (part), 1996)

(Ord. No. 1387, § 3, 3-23-2015)

A. "Topping" means the cutting of the branches and/or trunk of a street tree in a manner which will substantially reduce the overall size of the street tree so as to destroy the existing symmetrical appearance or natural shape of the tree in a manner which results in the removal of main lateral branches leaving the trunk of the tree in a stubbed appearance. It is unlawful to top or stub cut street trees. (see Attachment A, attached to the ordinance codified in this chapter.)

B. Utility line clearing shall be accomplished by the drop crotch method of pruning and shall include side branches.

C. All pruning of public trees shall be in accordance with current pruning specifications of the city parks division.

(Ord. 1236 § 1 (part), 1996)

Where sidewalk or curb damage due to street tree roots occurs, correction shall be made where possible without damaging or removing the tree including, but not limited to modifying the curb or sidewalk.

(Ord. 1236 § 1 (part), 1996)

In the event that any person, firm or corporation desires to fill in or close the public parkway or tree planting easement with any material that prevents the entry of water or the exchange of gases to the atmosphere, they shall make application with the director of public works.

(Ord. 1236 § 1 (part), 1996)

(Ord. No. 1387, § 3, 3-23-2015)

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