San Mateo Municipal Code Ch. 13.35 Street Trees

This chapter is adopted for the following purposes:

(a) To foster the planting of trees along the streets of the City;

(b) To promote and maintain the aesthetic value of the streets of the City;

(c) To provide an orderly and efficient means of maintaining and protecting trees along the streets of the City;

(d) To promote the public health, safety, morals, comfort, and general welfare;

(e) To define the powers and duties of the administrative officers and bodies as provided herein.

Prior code § 65.01

Terms used in this chapter shall be defined as follows or are as defined in Chapter 13.52:

(a) "Center divider strip" means the center section of a street, whether set off by curbs or not and whether planted or not, which separates opposing traffic;

(b) "Commission" means park and recreation commission of the City;

(c) "Curbline" means the vertical face edge lines of the curb or pavement edge along a street if there is no vertical curb;

(d) "Director" means the Director of Parks and Recreation or his or her designee.

(e) "Hedge" means any plant material, shrub, or plant, when planted in a dense, continuous line or area, so as to form a thicket or barrier;

(f) "Island". See center divider strip.

(g) "Parking strip". See planting strip;

(h) "Plant" means all plant material, annual or perennial, not necessarily hardy in nature, which are not a tree;

(i) "Planting strip" means the area of the street lying between the curbline and the street line along any street, including the sidewalk;

(j) "Private tree" means any tree planted on property not owned by city;

(k) "Public areas" means all parks, recreational facilities, and other areas and improvements thereon under the supervision and maintenance of the City;

(l) The term "street" means "Public Right of Way" or all the land lying between abutting properties which has been dedicated, or condemned, or established by use for a public thoroughfare whether paved or unpaved, in whole or in part, except state highways and freeways. The term "street" includes all thoroughfares whether designated by that name or some other, such as avenue, way, boulevard or road, plus the surrounding Planting strips;

(m) "Street line" means the line separating an abutting lot, piece or parcel from the street;

(n) "Street Tree" means any woody perennial plant having a single main axis or stem achieving ten feet or more in height, growing along or within a street; planted within a street and/or designated planting easement;

(o) "Street Tree Master Plan" means the document which designates species of trees which may be planted on each street by block.

(p) "Trim" or "Trimming" means to remove any limb, branch, foliage or root of a Street Tree.

prior code § 65.02

All notices provided to be given by this chapter, unless otherwise directed, shall be in writing and caused to be mailed by the Director, postage paid, to the owner of the real property involved, as his or her name and address appear on the last equalized assessment roll for municipal taxes. 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.

prior code § 65.03

Any person denied a permit under this chapter or required to provide replacement under Section 13.35.105 or assessed penalties or restrictions under Section 13.35.110 shall have the right to appeal that determination to the City Manager or designee using the procedures set forth in Chapter 1.11 of this Code. Notwithstanding the limitations set forth in that section regarding Civil Penalties, Civil Penalties under this chapter shall be limited to the amounts allowed under Chapter 13.35.110.

prior code § 65.04

The supervision and management of the trees upon the streets and public areas within the City is vested in the Director and designated representatives, who with the advice and counsel of the Commission, will recommend for adoption by the City Council regulations for the setting out, planting, care, trimming, removal and maintenance of such trees pursuant to this chapter. It shall be the duty of the Director with the advice and counsel of the Commission, to cause the planting, trimming, pruning, spraying and caring for any official Street Tree according to the provisions of this chapter.

prior code § 65.05

The Director shall designate those trees 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 shall prepare and submit to the Commission for approval and adoption, a comprehensive master plan of Street Trees for all streets of the City where planting areas are available and provided for trees. The plan may be revised from time to time and shall be reviewed regularly. In accordance with the plan, the Director shall proceed each year to plant or remove and replace trees to the extent that funds are made available by the City Council or otherwise exist in the tree planting fund.

prior code § 65.07

No person, other than the Director or his or her authorized representative, shall plant or set out any tree within the Public Right of Way without first procuring a written permit to do so from the Director. The request for such a permit shall state the type and number of trees to be planted or set out the location and such other information as may from time to time be required by the Director.

prior code § 65.09(a)

No person or entity, other than the City staff, or any public utility corporation to the extent necessary for maintaining overhead wires, shall trim or cause to be trimmed, below or above the ground, or remove or cause to be removed, 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 on street, without first procuring a permit to do so from the Director. 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. The cost of all work designated by the permit shall be borne by the party securing the permit. Permits for trimming and removal may, in the Director's discretion, contain replanting conditions.

prior code § 65.09(b)

It is unlawful for any person or entity to remove, trim, or damage to the extent described in Section 13.35.105(b), a Street Tree without having first obtained a permit to do so. This applies to any person who takes such action, or instructs another to take such action and to any tree removal company, landscape professional or other entity that initiates or participates in such unlawful act.

The permits provided in Sections 13.35.070 and 13.35.080 shall be issued by the Director and be subject to the terms of the permit and/or applicable regulations.In processing an application for a permit, consideration shall be given the following:

(a) Whether the planting is adaptable to the location proposed;

(b) Whether the planting would involve a hazard to public improvements in the area;

(c) Whether the planting would unduly burden the City in any way with maintenance to prevent infestation and/or physical damage to persons or property;

(d) The qualifications of the person or organization proposed to perform the trimming or removal and the need for experienced personnel considering the type of tree, the location, and adjacent hazards;

(e) The aesthetic result of the proposed planting, trimming and/or removal as well as the benefits to the continued health of the planting and plantings in the immediate neighborhood.

prior code § 65.09 (part)

All Street Trees presenting an immediate threat to life, property, or the condition of public improvements, may be removed by the City without notice. In such event, the total cost of the removal shall be borne by the City unless the threat was caused by an illegal or negligent act of another and in that event the responsible party shall remain liable.

prior code § 65.10

In all cases where Street Trees are removed or damaged to the extent described in subsection (b) below, the Director may require replacement by anyone participating in an unlawful act, as defined in section 13.35.085, or the permittee, in accordance with the following:

(a) Tree replacement shall be in accordance with the Street Tree Master Plan and shall be a maximum of a 48" box tree for each Street Tree removed, as determined in the discretion of the Director, depending on the value of the tree removed and whether the removal was in violation of this chapter. Replacement, as determined by the Director may be in a different location than the location from which removal occurred.

(b) In the event Trimming of a Street Tree or other cause results in damage to the tree compromising its health or structural integrity or is severely detrimental to its overall aesthetics, the Director may require replacement by the person or entity causing the damage.

(c) If the Street Tree that is removed is a heritage tree, the provisions for replacement of heritage trees shall apply in the discretion of the Director.

(d) Where the Director determines that replacement is not feasible and/or appropriate, the Director (1) 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 or (2) may place other conditions on the permit which are of equal value to the cost of the purchase and installation of the replacement tree(s).

(a) Penalties. In addition to the replacement requirements described in Section 13.35.105, if the Director finds that any person or entity has violated this chapter by participating in any act constituting a violation under section 13.35.085 of this chapter, the Director may impose a penalty of up to $5,000 per participant per tree for such unlawful act.

(b) In addition to all other remedies set forth in this code or otherwise provided by law, the following remedies shall be available to the City for violation of this chapter:

(1) Anyone violating the provisions of this chapter may be directed by the Building Official or other inspector to stop work conducted under a City permit on either public or private property when such work caused or contributed to the violation and to prepare a mitigation plan to correct the violation and mitigate the damage inflicted. Once the violation is corrected and mitigation implemented, the Building Official or other inspector shall allow construction to resume. The mitigation plan shall be filed and approved by the City Arborist, agreed to in writing by the property owner(s) and either implemented or guaranteed by the posting of adequate bond or other security. The mitigation plan shall include measures for protection of any remaining Street Trees or heritage trees on the property or in the adjacent right-of-way and shall provide for replacement of each tree removed or damaged at locations approved by the Director. The replacement ratio shall be determined by the Director according to the provisions of this chapter.

(2) If a violation occurs in the absence of development, or while an application for a building or encroachment permit or discretionary development approval is pending in the area of either public or private property affected by the violation, the Building Official or other inspector may condition the issuance of any building or encroachment permit or planning approval upon the completion of a study, to be conducted by the City or consultant designated by the City, at the expense of the property owner, for the purpose of providing the City an opportunity to consider and determine appropriate mitigation measures for any tree removal and to insure measures are incorporated into any future development approvals for the property for the protection of any remaining Street Trees or heritage trees in the affected area.

(3) Administrative Citations may be issued under Chapter 1.10 of the Municipal Code.