Pacifica Municipal Code Ch. 14 Maintenance and Preservation of City Trees

Footnotes:

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Editor's note— Ord. No. 884-C.S., § 2, effective October 12, 2022, repealed ch. 14, §§ 4-14.01—4-14.03 and enacted a new ch. 14 as set out herein. Former ch. 14 pertained to similar subject matter and derived from § 1, Ord. 733-C.S., effective April 27, 2006.

It is the intent and policy of the City of Pacifica to protect and maintain the unique and characteristic arboreal landscape of the City by employing and using best management practices with respect to the selection and maintenance of City trees. To accomplish this, the City may, as specified in this chapter, prepare, adopt and use written guidelines and policies for healthy urban forest management, and may amend such policies from time to time as necessary.

(§ 4, Ord. No. 884-C.S., eff. October 12, 2022)

(a) "ANSI A300 Standards" shall refer to the American National Standards Institute (ANSI) for Tree Care Operations—Tree, Shrub and Other Wood Plant Maintenance-Standard Practices.

(b) "Deleterious substances" shall mean any materials that are detrimental to tree health including, but not limited to, paint, petroleum products, concrete, and other harmful substances.

(c) "Diameter" or "DBH" shall be the diameter of a tree measured at a standard height of four and one-half (4.5') feet or fifty-four (54") inches above grade (referred to as diameter at breast height). Multi-stemmed trees shall be measured by averaging the stem's diameters.

(d) "Director" shall refer to the Director of the Department of Public Works, or his/her designee.

(e) "Person" shall mean an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives.

(f) "Routine maintenance" shall mean irrigating, applying mulch, mowing or trimming grass or other ground cover close to a tree.

(g) "Topping" or "topped" shall mean the practice of the removing tops of trees, or large branches or trunks from tops of trees, leaving large stubs or lateral branches that are too small to assume the role of a terminal leader.

(§ 4, Ord. No. 884-C.S., eff. October 12, 2022)

(a) The preservation and maintenance of City trees shall be managed and conducted by the Department of Public Works. The Director of the Department of Public Works, or his/her designee (hereinafter, the "Director"), shall have the authority to adopt written policies and procedures for proper urban forest management consistent with the guidelines set forth in Section 4-14.01 of this chapter. Such written measures may be amended, appended, modified or revoked from time to time, in writing, by the Director or his/her designee, who shall, within ten (10) working days of signing and adopting such measures, make such measures available to the public by depositing a copy of same with the office of the City Clerk be charged with the enforcement of this chapter and the performance of municipal functions as herein established.

(b) The Director shall have the authority to plant, inspect, spray, preserve, prune, and perform routine maintenance on City trees.

(c) The Director shall have the authority to remove a City tree pursuant to section 4-14.06.

(d) The Director shall have the authority to supervise all work done under a permit issued in accordance with the terms of this chapter and Chapter 12.

(e) The Director shall have the authority to impose conditions to the granting of a permit hereunder and to require that applications for permits contain such information as the Director shall find reasonably necessary to a fair determination of whether a permit should be issued.

(f) No person shall interfere or cause any other person to interfere with any tree related work performed pursuant to this code by any City employee or any City contractor.

(g) Adjacent property owners are responsible for routine maintenance within the planting strip or planting easement. The Director shall have the authority to require property owners to take such action as is necessary to control insects, scales, parasites, fungus, and other injurious pests or plant materials on private property that would cause serious injury to City trees and other plant materials within the City. The Director shall notify the property owners in writing, describe the conditions, state the control necessary to correct the condition, and establish a reasonable time within which the corrective steps shall be taken.

(§ 4, Ord. No. 884-C.S., eff. October 12, 2022)

(a) Notwithstanding any other provision of the Code, and for purposes of this chapter only, "City trees" are those trees which meet one or more of the following criteria:

(1) Are located on City-owned property, or on property on which the City has an easement or other property interest;

(2) Are not located in areas otherwise prescribed by law, contract, conditions of approval, or similar requirement or obligation to be the responsibility of adjacent property owners, leaseholders, or other public agencies or their respective tenants; and

(3) Meet at least one of the criteria set forth below:

i. Sidewalk: Four (4') feet. When a sidewalk abuts private property, and there is no delineated planting strip as described in this chapter, the field measurement shall be four (4') feet, starting from the edge of the sidewalk closest to the abutting property, measured in a straight perpendicular line towards the property or residence, up to the center of the trunk of any existing tree. Any tree with a center which is located within the four (4) foot measurement shall be deemed a City tree for maintenance purposes;

ii. Planting strip or greenbelt: No measurement. Occasionally, trees are located in planting strips which run between the street and the sidewalk. When a planting strip or greenbelt area exists between a public street and a sidewalk abutting a private property or residence, no measurement shall be taken. Trees located in this planting strip are designated as City trees for maintenance purposes, and trees located between the strip and the abutting property or residence are not City trees;

iii. No sidewalk (curb only): Four (4') feet. When there is only a curb abutting private property, but no sidewalk, and no delineated planting strip, the field measurement shall be four (4') feet, starting from the edge of the curb closest to the abutting property, measured in a straight perpendicular line towards the property or residence, up to the center of the trunk of any existing tree. Any tree with a center which is located within the four-foot measurement shall be deemed a City tree for maintenance purposes;

iv. No sidewalk or curb: Four (4') feet from street. When there is no sidewalk, and no curb, and no delineated planting strip, the field measurement shall be four (4') feet, starting from the edge of the asphalt of the City street (notwithstanding any additional subsequent asphalt, paving or hardscaping installed), measured in a straight perpendicular line towards the property or residence, up to the center of the trunk of any existing tree. Any tree with a center which is located within the four-foot measurement shall be deemed a City tree for maintenance purposes.

(b) The designation of any tree as a City tree means only that the City will include such tree in its maintenance and evaluation schedule—it does not create any additional rights, responsibilities, liabilities or presumptions on the part of the City.

(§ 4, Ord. No. 884-C.S., eff. October 12, 2022)

(a) A tree planting permit shall be required for the planting of any tree, shrub or other plant material in a planting strip or planting easement unless performed by an agent or employee of the City.

(b) Any application for a tree planting permit must contain the number of trees/shrubs/other plant material to be planted, the location, size, species, and spacing of each tree, and such other information as the Director may require.

(c) No tree shall be planted within five (5') feet of a driveway, nor shall a tree be planted nearer to the intersection of any two (2) or more streets than forty (40') feet from the point of intersection of any two (2) public rights-of-way lines.

(§ 4, Ord. No. 884-C.S., eff. October 12, 2022)

(a) The Director may remove any City tree when the condition of the tree constitutes an imminently dangerous condition to the public health, safety or welfare or is a threat to the health of other trees because of pests or disease, and any such determination will be in the sole discretion of the Director.

(b) The Director may remove or cause the removal of any City trees or other plant materials planted in a planting strip or planting easement if such City trees or plant materials are deemed by the Director to be unhealthy, hazardous, causing excessive damage to existing public improvements or City trees, or a trip hazard, or a species that is located in an area that is inappropriate for the tree species. In order to remove a tree, the City will meet all the requirements of a permit (listed below), including the criteria listed in (e), a qualified arborists report with reasons for removal in (f), and mitigation for tree removal including 2 to 1 tree replacements in (g).

(c) Tree removal permit. Any person who desires to remove a City tree shall apply in writing to the Director and specify the number, species, diameter, and exact location of the tree or trees involved, a statement of the reason for the removal, and any other pertinent information as may be required by the City. The applicant may be required to provide a plot plan or survey drawn to scale depicting the tree(s) and any improvements on the property and/or an arborist's report. The Director or the Director's appointed City staff will assess the need for a permit related to dead/dying tree(s). An arborist's report including an ISA basic tree risk assessment form will be required for removal of a City tree needing a permit. No person may perform regulated work for which a permit application is pending. By submitting the application the property owner certifies the Director, staff, or any agent of the City may enter the property where the tree is located for fourteen (14) calendar days after the application is received by the City.

(d) Within fourteen (14) calendar days after the receipt of the application, the Director, or his or her appointed representative, shall inspect the premises and the tree(s) involved and shall issue a proposed decision to approve or deny the tree removal permit and setting forth the conditions to be imposed. The Director shall give notice of the application and proposed decision pursuant to section 4-12.07 herein.

(e) A tree removal permit shall be granted based on the following criteria:

(1) The condition of the tree, presence of disease, pest infestation, damage, public nuisance, risk, proximity to existing or proposed structures, and/or interference with utility services;

(2) Whether the requested action is necessary for the economically viable use of the property;

(3) The topography of the land and effect of the requested action on it;

(4) The number, species, size, and location of existing trees in the area and the effect of the requested action upon shade, noise buffers, protection from wind damage, air pollution, historic value, scenic beauty and upon the health, safety, and general welfare of the area and the City as a whole; and

(5) The number of healthy trees the parcel is able to support.

(f) The Director may refer the application to another department, committee, or person for a report or recommendation. The Director may also require the applicant to furnish a written report from a qualified horticulturist, arborist or licensed landscape architect acceptable to the Director.

(g) To mitigate the adverse effects of tree removal, a tree removal permit shall include conditions that require relocation of tree(s) on-site as recommended by a certified arborist, and/or replacement planting of a minimum of two (2) replacement trees for every otherwise healthy tree removed and may be required to pay the replacement value of the mature protected tree minus the cost of the two (2) replacement trees or payment of the full replacement value of a mature tree or trees in lieu thereof if on-site replacement is not feasible. No applicant shall be required to expend more on the replacement trees than the appraised value of the trees for which a permit is required. The Director shall determine the replacement value of the trees utilizing the most recent edition of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers.

(1) Replacement tree shall be the same species as the tree removed or a species of similar mature stature, unless otherwise specified by the Director.

(2) Replacement tree shall be a minimum of one and one-half (1.5") inches measured with calipers and at least a 15-gallon tree, unless otherwise approved by the Director.

(3) Replacement trees shall be planted to the satisfaction of the Director and in the event the original replacement tree(s) fail to establish, a subsequent replacement tree(s) shall be required.

(h) In his or her proposed decision on an application for such permit, the Director may attach reasonable conditions to ensure compliance with the content and purpose of this chapter. If a permit is to be denied or conditions attached, the Director shall provide the applicant with a written statement of the reasons for the denial or conditions.

(i) If an application for a building permit would require any removal of a protected tree or trees, including on adjacent properties or in the public rights-of-way, the applicant shall be required to obtain a tree removal permit under this chapter.

(1) The Director may require submission of additional information as necessary, including, but not limited to, photographs.

(2) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving that would otherwise require a tree encroachment permit.

(3) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter.

(4) All decisions and deadlines regarding the building permit will be suspended until the final decision regarding the tree permit has been made.

(5) Tree removal based off a tree removal permit shall not occur until all required grading/and or building permits have been issued.

(6) Once a building permit has been submitted, the Director may issue a grading permit if the Director determines it would advance public health and safety.

(j) The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.

(k) The Director shall have the authority to require property owners to remove any tree or other plant materials from private property if it is determined by the Director to be interfering with streetlights, signals, and signage or any other public infrastructure or the resident may choose to pay for relocation of the infrastructure at their own expense.

(§ 4, Ord. No. 884-C.S., eff. October 12, 2022)

(a) Upon initiating or receiving a tree removal permit for a City tree, the Director shall give public notice of the application and his or her proposed decision by:

(1) Posting a notice on the tree or on one of the trees so as to be visible from the street. If the notice is not visible when posted on the tree or trees, it may be posted in another visible location on the property;

(2) Delivering a notice by first-class mail to a person who has made a written request to the Director; and

(3) Delivering a notice by first-class mail to adjacent and abutting property owners to the tree or trees involved. The City will post notice of application and the Director's proposed decision for tree removal permits on the City website.

(b) Within ten (10) calendar days, the proposed decision may be appealed to the Parks, Beaches, and Recreation Commission by filing a written notice of appeal with the Director. No person may perform regulated work for which a permit appeal is pending.

(c) The Parks, Beaches, and Recreation Commission shall fix the time and place for the hearing of the appeal and shall cause a written notice of the hearing to be mailed to the appellant and the persons mentioned in subsection (a) of this section at least ten (10) calendar days before the hearing. The Parks, Beaches, and Recreation Commission may approve, disapprove or modify the decision of the Director, including any conditions he or she may have imposed.

(d) The decision of the Parks, Beaches, and Recreation Commission may be appealed to the Council by filing a notice of appeal with the City Clerk within ten (10) calendar days of the date of the decision of the Parks, Beaches, and Recreation Commission. Appeals shall be heard and determined according to the procedures set forth in Chapter 4 of Title 1 of this Code. The Council may approve, disapprove, or modify the decision of the Parks, Beaches, and Recreation Commission, including any condition it may have imposed.

(§ 4, Ord. No. 884-C.S., eff. October 12, 2022)

(a) Any person, including an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives, violating any of the provisions of this chapter shall be guilty of a misdemeanor which shall be punishable by a fine of not more than One Thousand and no/100ths ($1,000.00) Dollars, or by imprisonment in the county jail for a period not exceeding six (6) months, or both in accordance with Chapter 2, Title 1 of this Code.

(b) Any person violating any provision of this chapter may also be subject to administrative civil penalties of up to a maximum of One Thousand and no/100ths ($1,000.00) Dollars pursuant to Section 1-6.60 of this Code.

(c) Violations of this chapter are a public nuisance.

(d) Any person not employed or empowered by the City that removes a City tree without a tree removal permit shall be required to replace the City tree with at least two (2) trees or payment of the replacement value of the tree or trees in lieu thereof if on-site replacement is not feasible.

(1) Replacement tree shall be the same species as the tree removed or a species of similar mature stature, unless otherwise specified by the Director.

(2) Replacement tree shall be a minimum of one and one-half (1.5") inches, measured with calipers and at least a 15-gallon tree unless otherwise approved by the Director.

(3) Replacement tree shall be planted to the satisfaction of the Director.

(4) Replacement trees shall require subsequent replacement trees in the event that the original replacement trees fail to establish.

All remedies prescribed under this chapter are cumulative, and the election of one or more remedies does not bar the City from the pursuit of any other remedy, including, but not limited to, those referenced in Chapter 2 of Title 1 of this Code, for the purpose of enforcing this chapter.

(§ 4, Ord. No. 884-C.S., eff. October 12, 2022)