Pismo Beach Municipal Code Ch. 12.12 Trees

For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense will include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

"City" means the city of Pismo Beach.

"Director" means the director of public works of the city.

"Maintained" or "maintenance" when used in reference to trees means and includes cutting, trimming, pruning, spraying, fertilizing, irrigating, bracing, spraying for disease or injury or any other similar acts which promote the life, growth, health or beauty of trees.

"Owners" means the legal owners of the real property fronting upon the streets in the city.

"Parkway" means all land lying between the traveled roadway as determined by the director of public works, and the property boundaries abutting on all public streets.

"Person" means any person, firm, partnership, association, corporation, company or organization of any kind.

"Private place" means and includes any portion of private property.

"Private tree" means and includes any tree or shrub on private property.

"Public areas" means and includes parks, playgrounds, areas around public buildings and all other areas under the supervision and maintenance of the city.

"Public places" means and includes streets, public areas and parkways as defined in this section.

"Street" means and includes all public right-of-way lying between the boundaries of private property abutting all public streets, alleys and walks.

Trees, Approved. "Approved trees" means and includes all approved varieties of trees as specified in the city "street tree list," as adopted from time to time by the council by resolution. (Ord. 94-10 § 2 (part), 1994)

The director of public works or an authorized representative may inspect any tree, upon any street, park, playground, boulevard, alley or public place of the city to determine whether the same or any portion thereof is in such condition as to constitute a hazard or an impediment to the progress or vision of anyone traveling on any street, park, playground, boulevard, alley or public place. The director is authorized to trim or remove any tree determined to constitute a hazard. (Ord. 94-10 § 2 (part), 1994)

A. Planting for Existing Development. No person shall plant or set out any tree in a public place without first filing a planting application and securing an encroachment permit from the director of public works.

1. Application Data. The application required shall indicate the number of trees to be planted or set out; the location, grade and variety of each tree; the method of planting including the supplying of suitable soil; and such other information as the director shall find reasonably necessary to make a fair determination of whether a permit shall be issued hereunder.

2. Standards of Issuance. The director shall issue the planting permit provided herein when the proposed plantings conform as to species and location to the requirements as specified in the city's approved "street tree list."

B. Planting for New Development.

1. Application Data. Upon receipt of a tentative map application for a subdivision, a permit application for a commercial building or other structure or improvement or an application for a permit to plant or set in excess of ten trees, the applicant shall be required to submit a detailed declaration of intentions in duplicate, in the form of a planting plan map and a written statement. All planting plan maps shall accurately show:

a. The proposed street with lots adjacent thereto together with pavement, curb, gutter, parking strip and sidewalk areas to a definite indicated scale;

b. The variety of each and every tree proposed to be planted and those already existing within the proposed street lines either indicated on the plans or referenced with a number to key list;

c. The proposed location of each and every proposed tree together with the location of each existing tree within the proposed street line in scaled relation to the other features of the plan;

d. The distance between trees in any one row in feet;

e. The nature of the soil and the planting space to a depth of three feet in all existing and proposed surface or subsoil drainage system.

2. Standards of Issuance. Once the application is received by the planning division, the planting plan shall be referred to the parks, recreation and beautification commission for review and recommendation to the planning commission. The planning commission shall review the plan and provide final approval for the tree plan to be implemented.

C. Maintenance or Removal. No person shall deface, destroy, burn or remove trees in public places without first filing an application and securing an encroachment permit from the director of public works, except that ordinary maintenance of trees in place in parkways shall not require such a permit.

1. Application Data. The application for the permit shall indicate the number and kind of trees to be trimmed, sprayed, cut, defaced, destroyed, burned or removed; the kind of treatment to be administered; the kind and conditions of nearest trees upon the adjoining property; and such other information as the director shall find reasonably necessary for a fair determination of whether a permit should be issued hereunder.

2. Standards of Issuance. The director shall issue the permit provided herein when he finds that the desired action or treatment is necessary or appropriate and that the proposed method of treatment is acceptable. If upon determination of the director, a tree has value as an historical object, the director may deny the permit on such basis. (Ord. 94-10 § 2 (part), 1994)

A. Standards for Planting, Trimming and Care of Trees in Public Places and Parkways.

1. Regulations for Planting in Public Places. Work completed under a permit governed by this chapter shall be performed in strict accordance with the terms thereof and with the following regulations established for the planting, trimming and care of trees in public places and parkways:

a. All trees shall be of a mature size that normally are packaged in twenty-four-inch boxes. A larger size, thirty-six-inch or forty-eight-inch box may be required for some installations. These trees shall be of a size not less than one and one-half inch in trunk diameter at a height one foot above ground and of a height no less than eight feet above ground.

b. All trees shall be a quality acceptable to the director and shall be approved prior to planting.

c. No tree shall be placed within twenty-five feet of any street intersection or within five feet of any street light fixture, driveway, walkway, fire hydrant, street sign, utility box or enclosure, sewer or water line or other city facility so as to cause a traffic or other public safety hazard.

d. Trees shall be planted not more than sixty feet nor less than thirty feet apart except where a special permit is obtained from the director. There shall be, at a minimum, one tree per frontage parcel.

e. No tree shall be planted where the soil is poor to insure the growth of such tree unless the owner excavates a suitable hole of not less than twenty-seven cubic feet and replaces the material removed with suitable loam or soil that is compatible to the tree.

f. No tree shall be planted on any street except of the variety as specified in the city's "street tree list" for that street.

g. All street tree planting shall be accomplished in strict accordance with the city's "street tree planting standards."

h. All costs related to planting trees in any new subdivision shall be paid for by the subdivider or developer, including cost of trees, planting material, installation and irrigation.

i. The city council may require any subdivider to post a performance bond either through a bond, a certificate of deposit or cash deposit to guarantee proper tree planting along the parkways of any subdivision before approval of any final subdivision map.

j. For development permits in residential development zones, new trees planted on the proposal site shall be of a type that will not exceed twenty-five feet in height at maturity as called out in Sunset New Western Gardening Book.

k. In felling trees, the same must be removed with the root stump grubbed out when so required by the director and any hole remaining shall be filled to ground level with soil comparable or compatible with the surrounding soil.

l. All limb cuts above two inches in diameter must be waterproofed. (Ord. 94-10 § 2 (part), 1994)

Owners of private property shall be responsible for watering trees, plants, grass, weed control, and litter removal in parkways immediately adjacent to the private property. (Ord. 94-10 § 2 (part), 1994)

In any parkway or any other public area no person shall:

A. Damage, cut, carve, transplant or remove any tree or injure the bark, pick the flowers or seeds of any tree; B. Attach any rope, wire, board or other constricting device to any tree, unless such rope, wire, or constructive device is found to be necessary to guide, or support such tree and guide in its proper growth;

C. Dig around or otherwise disturb the root system of the tree;

D. Cause or permit any wire charged with electricity to come in contact with any tree or allow any gaseous, liquid or solid substance which is harmful to such tree to come in contact with it. (Ord. 94-10 § 2 (part), 1994)

During the erection, repair, alteration or removal of any building, house or structure in the city, any person, firm or corporation in charge of such work shall protect any tree in any public place within the city in the vicinity of such building or structure with sufficient guards or protectors to prevent injury to such tree. (Ord. 94-10 § 2 (part), 1994)

It is unlawful for any person to attach any electric wires or device for holding electric wire, signs, ropes, boards or other objects not related to the regular growing habits of the tree to any tree in any street or parkway. (Ord. 94-10 § 2 (part), 1994)

Nothing in this chapter shall be deemed to impose any liability upon any member of the city council or the city, or any of its officers or employees or to relieve the owner and/or occupant of any private property from the duty to keep his private property, sidewalk or parkways in front of such property in a safe and sanitary condition so as not to be hazardous to public travel. (Ord. 94-10 § 2 (part), 1994)

Any person who shall trim, deface, destroy, burn or remove trees in public places without first filing an application and securing an encroachment permit shall be required to replace the tree(s) with a like kind and size on at least a ten-to-one ratio as determined by and to the satisfaction of the director. (Ord. 94-10 § 2 (part), 1994)