San Bruno Municipal Code Ch. 8.24 Street Trees and Other Plantings

It is in the best interests of the city and the citizens and public thereof that a comprehensive plan be developed to regulate the planting and maintenance of trees and other plantings in and along the public streets, ways, and public easements within the city and to provide for orderly development and promote the health, safety, comfort, and general welfare of the public.

(Ord. 1668 § 2, 2002; Ord. 1944, 12/12/2024)

The director of community services shall designate those tree species existing or hereafter planted in the city which are not infested with pests or disease, or hazardous to the public health and safety, or dangerous to public improvements and utilities, as official street trees species. The director of community services shall prepare a comprehensive master street tree list for all streets of the city where planting areas are available for trees as stated in Section 8.24.040. The list may be revised from time to time by the director of community services. The director of community services shall proceed each year to plant or remove and replace trees to the extent that funds are made available by the city council. The director of community services shall be solely responsible for determining whether existing trees planted in or adjacent to the public right-of-way are to be deemed official street trees for purposes of the application of this chapter.

(Ord. 1668 § 2, 2002; Ord. 1944, 12/12/2024)

The director of community services public works or designee shall be responsible for administering and enforcing the provisions of this chapter and shall undertake such maintenance and planting programs and controls as may be required to carry out the provisions of this chapter to the extent that funds are made available by the city council.

(Ord. 1668 § 2, 2002; Ord. 1944, 12/12/2024)

The director of community services shall prepare an approved master street tree list containing the botanical and common names of all trees hereafter authorized to be planted. Such list will be on file with the office of the director of community services and may be revised from time to time. All trees hereafter planted in any street or easement adjacent thereto or which may encroach upon such street right-of-way shall conform to the master street tree list.

(Ord. 1668 § 2, 2002; Ord. 1944, 12/12/2024)

It is unlawful for any person other than the director of community services to plant or cause to be planted any tree in any street or easement adjacent thereto without first obtaining a permit from the director of community services. Such permit shall specify the location and variety of trees and shrubs to be planted. Street trees or other plantings which are required to be planted by a sub-divider or developer in accordance with plans and specifications approved by the city or as part of a project may be planted without a permit; provided, however, that such trees and plantings shall conform to such plans and specifications and shall be planted under the supervision of the director of community services.

(Ord. 1668 § 2, 2002; Ord. 1944, 12/12/2024)

For any new building constructed, or any building addition amounting to twenty-five percent or more of the existing building square footage, or any remodeling of twenty-five percent or more of the existing building square footage, on any residential, commercial or industrial site, the director of community services may require the planting of new street trees if none exist. The owner or developer of the site may be required to plant one thirty-six-inch box size tree for every fifty linear feet of parcel street frontage, or at least one thirty-six-inch box size tree for a parcel street frontage of less than fifty feet, unless the director of community services determines that conditions warrant a smaller size tree. Where the director of community services determines that street tree planting is not feasible and/or appropriate, the director may require that a payment of equal value to the cost of the purchase and installation of the street tree(s) be made by the permittee to the city tree planting fund.

(Ord. 1668 § 2, 2002; Ord. 1944, 12/12/2024)

A. It is unlawful for any person other than city personnel to cut, prune, remove, or interfere with any street tree or tree stake without first obtaining a permit from the director of community services. Any person desiring to remove or prune one or more street tree 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 street tree or trees are located, or authorized agent, may submit a request for such a permit. Street 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 a requested tree 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.

C. Street tree or other planting removals incorporated into any other permit issued by the city of San Bruno do not require a separate removal permit, provided those removals are clearly delineated on the approved plans and specifications. Any street tree removed shall be replaced in accordance with Section 8.24.090.

(Ord. 1668 § 2, 2002; Ord. 1944, 12/12/2024)

No person, other than the director of community services, or any public utility corporation maintaining overhead wires, shall trim or cause to be trimmed, below or above the ground, or remove or cause to be removed, below or above the ground, any tree in the planting strip along any street, or any tree growing upon private property to the extent that its roots or branches encroach onto the street, without first procuring a permit to do so from the director of community services. The request for such a permit shall state the type and number of trees to be trimmed or removed, the location and such other information as may from time to time be required by the director of community services. The cost of all work designated by the permit shall be borne by the party securing the permit.

(Ord. 1668 § 2, 2002; Ord. 1944, 12/12/2024)

The city may replace any street tree, which has died or may have been removed or plant additional street trees deemed appropriate to the extent that funds are made available by the city council. In all cases where street trees are removed, the director of community services may require replacement in accordance with the following:

A. Tree replacement shall be in accordance with the master street tree list and shall be one thirty-six-inch box size tree for each street tree removed, unless the director of community services determines that conditions warrant a smaller size tree. Replacement, as determined by the director of community services, may be in a different location than the location from which removal occurred;

B. If the street tree that is removed is a heritage tree, the provisions for replacement of heritage trees set forth in Chapter 8.25 shall apply;

C. When replacement planting is being done as a requirement of a removal permit, and where the director of community services determines that replanting is not feasible and/or appropriate, 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 by the permittee to the city tree planting fund.

(Ord. 1668 § 2, 2002; Ord. 1944, 12/12/2024)

A. The city will not be responsible for the maintenance of other plantings in or adjacent to or overhanging any street. The city may prune, trim or remove such other plantings if the property owner refuses to maintain the plantings in accordance with the requirements of this chapter.

B. The abutting or underlying property owner may plant in planting strips in the public right-of-way, and in other public easements, various ground covers such as lawn, various perennials or annuals, or shrubs not to exceed three feet in height, that do not interfere with the functioning of any curb, gutter, sidewalk, water meter, fire hydrant, valve box, manhole, or other public facility or utility.

C. The abutting property owner shall be responsible for planting, maintenance and care of any plantings other than street trees in any area in the street between the curb and the right-of-way or easement (including, but not limited to, weeding, trimming, spraying and watering); excepting those planting strips or planting areas separated from the adjoining property by a fence required by conditions imposed by the city, which shall be maintained by the city.

(Ord. 1668 § 2, 2002; Ord. 1944, 12/12/2024)

It is unlawful for any person to break, destroy or mutilate any street tree or tree stake or any public tree, shrub or plant in any public place including parks, or to set fire or permit any fire to cause damage to any portion of any street tree or other public plantings, or to attach or place any rope, wire, wood, sign or poster or other device on any street tree, or to permit or allow any gaseous liquid or solid substance which is harmful to such tree to come in contact with any portion of any street tree. No solid paving shall be placed closer than eighteen inches from the center of any street tree, and in no instance closer than six inches from the outer bark.

(Ord. 1668 § 2, 2002; Ord. 1944, 12/12/2024)

Any street tree which in the opinion of the director of community services constitutes an immediate threat to life, property or the condition of public improvements, shall be removed by the city. In such event, the total cost of the removal of the street tree shall be borne by the city. A decision of the director of community services to remove a street tree pursuant to this section is final and non-appealable to the city council.

(Ord. 1668 § 2, 2002; Ord. 1944, 12/12/2024)

No person shall plant or cause to be planted in any area in or adjacent to a public street any tree that does not conform to the approved master street tree list as defined in Section 8.24.040, or any tree or other planting which may interfere with the public use or function of any public facility or which may constitute a public nuisance in accordance with Section 8.24.150.

(Ord. 1668 § 2, 2002; Ord. 1944, 12/12/2024)

The city may remove any other plantings which constitute a hazard or may endanger the health, well-being or property of the public or which constitutes an obstruction to the vision of traffic.

(Ord. 1668 § 2, 2002; Ord. 1944, 12/12/2024)

Any street tree or other plantings, or tree or plantings growing on private property, which interferes with the use of or which endangers any public utility, sidewalk, street drainage path or other facility, or which impairs traffic visibility, or which is maintained in violation of the provisions of this chapter, shall constitute a public nuisance, and may be abated in accordance with the provisions of Chapter 5.08.

(Ord. 1668 § 2, 2002; Ord. 1944, 12/12/2024)

Appeals from the denial of a removal permit pursuant to Section 8.24.070 may be made by the person who submitted the application by filing written notice thereof with the city clerk within five days after the date that the director of community services issues the denial, stating in substance that appeal is being made from such denial to the city council. The city council shall review such denial as soon as practicable at a regular meeting that is at least ten days after receipt of the appeal at a regular meeting that is at least ten days after receipt of the appeal. The action taken by the city council after such hearing shall be final and conclusive.

(Ord. 1668 § 2, 2002; Ord. 1944, 12/12/2024)