San Bruno Municipal Code Ch. 8.25 Heritage Trees

A. This chapter is adopted because the city has been forested with a variety of healthy and valuable trees, the preservation and reforestation of which is necessary for the health, safety and welfare of the citizens of this city in order to preserve the scenic beauty and aesthetic values of the community; 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 relieve the public costs of installing and maintaining stormwater drainage systems. The vast majority of trees in the community are located on private property, and the provisions in Chapter 8.24 for the protection of street trees are inadequate to fully protect and preserve the city's urban forest canopy against the unregulated pruning and removal of mature trees on private property. It is reasonable to expect property owners to maintain their trees in a satisfactory condition for the good of all of the citizens of the city of San Bruno.

B. It is the intent of this chapter to establish regulations for the 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. 1669 § 1, 2002; Ord. 1944, 12/12/2024)

Terms used in this chapter shall be defined as follows:

"Heritage tree"

shall mean:

Any native bay (Umbellularia californica), buckeye (Aesculus species), oak (Quercus species), redwood (Sequoia sempervirens), or pine (Pinus radiata) tree that has a diameter of six inches or more measured at fifty-four inches above natural grade;

Any tree or stand of trees designated by resolution of the city council to be of special historical value or of significant community benefit;

A stand of trees, the nature of which makes each dependent on the others for survival; or

Any other tree with a trunk diameter of ten inches or more, measured at fifty-four inches above natural grade.

"Prune"

shall mean: removal of up to one-quarter of the crown or existing foliage of the tree, or up to one-quarter of the root system in compliance with the conditions of the permit issued by the director of community services.

"Remove"

shall mean:

Cutting to the ground, complete extraction, or killing by spraying, girdling, or any other means;

A heritage tree pruning permit will contain conditions for pruning. If pruning actually done is not in conformance with said conditions, it shall be deemed a removal, and replacement conditions will be required.

(Ord. 1669 § 1, 2002; Ord. 1944, 12/12/2024)

It is unlawful for any person to prune, cause to be pruned any heritage tree in the city, or to remove, or cause to be removed, any heritage tree from any parcel of property in the city without obtaining a permit to do so. Provided, that in the case of an emergency when a tree poses an imminent hazard or danger to life or property, it may be pruned or removed by order of any member of the police, fire or public works department. Provided further, that any franchised public utility or representative of the city may prune or remove trees that interfere with the safe and efficient operation of the public service for which they are responsible.

(Ord. 1669 § 1, 2002; Ord. 1944, 12/12/2024)

A. Any person desiring to remove or prune one or more heritage trees shall apply to the director of community services for a permit. The application for a permit shall be made on forms provided for this purpose and shall state, among other things, the number and location of the trees to be removed or pruned by types and the reason for removal or pruning of each. Only the owner or owners of the property on which the trees are located, or authorized agent, may submit a request for such a permit. Heritage tree removal or pruning permits are valid for six months from date of issue. The director of community services may authorize extensions. The applicant may be required to submit an arborist's report with the permit application to show cause for removal.

B. The director of community services shall review each application and shall determine in the sole discretion of the director of community services, whether to issue a removal permit based on the following criteria:

1. The condition of the tree or trees with respect to disease, danger of falling, proximity to existing or proposed structures and interference with utility services;

2. The necessity to remove the tree or trees in order to construct any proposed improvements to allow reasonable economic enjoyment of the property;

3. The topography of the land and the effect of the removal of the tree on erosion, soil retention and diversion or increased flow of surface waters;

4. The number of trees existing in the neighborhood on improved property and the effect the removal would have on the established standard of the area and property values;

5. The number of trees the particular parcel can adequately support according to good arboricultural practices.

C. In reviewing applications, the director of community services shall give priority to those based on hazard or danger of disease, and may refer any application to another department, committee, board or commission of the city for a report and recommendation. Any heritage tree removed shall be replaced in accordance with Section 8.25.050.

D. In issuing a removal permit for a Eucalyptus tree (eucalyptus globulus), the director of community services may waive any other conditions of this chapter.

(Ord. 1669 § 1, 2002; Ord. 1944, 12/12/2024)

Permits for removal shall contain replanting conditions in accordance with the following guidelines:

A. Any heritage tree proposed to be removed or pruned in conjunction with any planning or building permit application will also require a separate removal permit pursuant to Section 8.25.040;

B. Trees removed with a valid tree removal permit shall be replaced in accordance with the recommendation of the director of community services. Replacement recommendations shall be formulated on the basis of location, condition, value, age, and reasons for tree removal. Tree replacement shall be a minimum of either two fifteen-inch box size trees, or one twenty-four-inch box size tree, for each heritage tree removed, to be determined by the director of public works or designee;

C. Trees removed without a valid permit shall be replaced by double the quantities specified in subsection B;

D. Where the director of community services public works or designee determines that replanting is not feasible and/or appropriate, including but not limited to conditions where sufficient trees exist on site or trees, conflicts with utilities, the director may require that a payment of equal value to the cost of the purchase and installation of the replacement tree(s) be made to the city tree planting fund.

(Ord. 1669 § 1, 2002; Ord. 1944, 12/12/2024)

The provisions of this chapter shall apply to all trees on public or private property, except for street trees, which are regulated under Chapter 8.24 of this code. A person who has received approval of a planning application is also subject to the heritage tree regulations contained in this chapter and will need to obtain a heritage tree permit from the department of community services for the removal and/or pruning of heritage trees on the property proposed for development.

The director of community services may exempt the following from the reforestation requirements set forth in Section 8.25.050:

A. Any tree removal or pruning on city-owned parcels conforming to best management practices recommended by a certified arborist; or

B. Any tree removal or pruning for the purpose of creating a fire safety clear zone on city-owned open space parcels for nearby homes or buildings in accordance with a recommendation by the fire marshal; or

C. Any other reason that the director of community services deems to be in the best interests of the city of San Bruno.

(Ord. 1669 § 1, 2002; Ord. 1944, 12/12/2024)

A decision by the director of community services shall be rendered for each permit application. If a permit is approved, it shall include conditions in accordance with Sections 8.25.040 and 8.25.050. The director of community services shall give written notification of the decision to the applicant and include therein a copy of Section 8.25.080. If such real property is occupied by other than the owner, a like copy shall also be left with the occupant. The failure of any property owner to receive the notice shall not affect the validity of any proceedings taken pursuant to the notice.

(Ord. 1669 § 1, 2002; Ord. 1944, 12/12/2024)

The permit applicant may request the director of community services to reconsider a decision on an application. Such a request shall be in writing, signed by the person making the request, and shall state the reasons the request is made, and shall be filed with the director of community services not later than five p.m. of the tenth calendar day after the decision. The director of community services will review the request and render a decision.

The permit applicant may appeal the reconsidered decision of the director of community services to the city council by filing an appeal in writing with the city clerk not later than five p.m. of the tenth calendar day after the decision. The city clerk shall set the matter for hearing before the city council as soon as practicable at its next regular meeting, which is at least ten days after receipt of the appeal. Notice of the time of hearing shall be given to the permit applicant by mail at least five calendar days prior to the date of the hearing.

(Ord. 1669 § 1, 2002; Ord. 1944, 12/12/2024)

Any person, firm or corporation violating any provision of this code shall be deemed guilty of a misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which such violation exists. The city attorney may, alternatively, prosecute such violation as an infraction.

(Ord. 1669 § 1, 2002; Ord. 1944, 12/12/2024)