12.24.090 Tree removal | San Luis Obispo Municipal Code

12.24.090 Tree removal.

A. Policy. The city values trees as an important part of the natural, urban and economic environment and efforts shall be made to protect, preserve, and create the conditions that will promote the preservation of trees. When reviewing requests for tree removal permits, the city shall discourage removing healthy trees that present no threat to people or property.

B. Permits for Removal. Except as otherwise specified in this chapter, no person shall cut down, remove or destroy any tree, or cause the cutting down, removal or destruction of any tree, unless that person has obtained a tree removal permit issued by the approving authority.

C. Permit Not Required. Removing a tree in R-1 and R-2 zones does not require a permit if all of the following conditions exist:

1. The tree is a designated native species and the trunk is less than ten inches in diameter as measured by diameter standard height (DSH, four feet, six inches per International Society of Arboriculture (ISA) standards) (see Section 12.24.030, Definitions; native trees), or when the tree is nonnative and the trunk is less than twenty inches DSH; and

2. The tree is not located within a creek setback area (see Section 17.70.030); and

3. The tree is not a designated street tree, and is not located within ten feet of the back of the sidewalk; and

4. Planting or retention of the tree was not a condition of development; or

5. The tree is a palm and the trunk is less than twelve inches DSH.

1. An application for a tree removal permit on a site where no discretionary or ministerial development permit is requested shall include:

a. A site plan showing the location, species and size of any tree proposed for removal; and

b. A photo log that clearly shows the damage a tree is causing or the condition for which removal is requested; and

c. A diagram or site photograph showing each tree identified to be removed with each tree uniquely identified by number; and

d. All information to support the reason for removal; and

e. A replanting plan showing the size, location and species of trees identified to be planted to compensate for proposed removal in compliance with subsection J of this section; and

f. Any other information deemed necessary by the director of public works or the director of community development to evaluate the proposed removal in accordance with the criteria set forth in subsection E of this section.

2. An application for tree removal on a site where a discretionary or ministerial development permit is requested shall include the following information, in addition to application materials identified in subsection (D)(1) of this section:

a. An arborist report that identifies and discusses each tree within the development footprint (including, but not limited to, structural development, grading, staging areas, ground cover removal, changes in drainage patterns, and associated off-site improvements) including those trees proposed for removal and those trees that will remain. An arborist report may not be required for tree removal(s) proposed on a single-family residential site for which only a ministerial development permit for construction related to a single-family residence is requested;

b. A site plan that includes accurate drip line delineation and cross sections of construction work impacting both trees proposed for removal and trees planned to remain;

c. Any other information deemed necessary by the director of public works or the director of community development to evaluate the proposed removal in accordance with the criteria set forth in subsection G of this section.

d. The tree removal application materials shall be provided at the same time and in addition to the development permit application but may reference the development permit application to provide the information required by this section.

3. As a condition of authorizing tree removal(s), the approving authority may require the development and implementation of a site-specific tree protection plan that shall be submitted to the city arborist for review and approval prior to issuance of a tree removal permit.

1. The city arborist may authorize a tree removal upon receipt of a removal application pursuant to subsection D of this section and issue a tree removal permit upon determination of any of the following circumstances:

a. The tree is an imminent hazard to life or property, and removing it is the only feasible way to eliminate the hazard (see subsection (I)(2) of this section for director approval of immediate hazard abatement without a formal application or noticing; removals pursuant to this subsection (E)(1)(a) and subsection (I)(2) of this section are not appealable);

b. The tree is dead or dying or diseased or damaged beyond reclamation;

c. The tree’s roots are causing severe damage to public or private property, and removing the tree is the only feasible way to eliminate the damage;

d. The tree is affected by structural defects and/or deficiencies that will limit lifespan;

e. The tree is densely clustered amongst other trees and the requested tree removal promotes good arboricultural practice;

f. The tree is obstructing vision, access, or mobility of public traffic (see Section 12.24.030, Definitions; public traffic). Trees requested for removal due to sidewalk infrastructure damage shall have lower preservation priority when the tree species is known to have invasive root structures that increase the likelihood that damage will recur if the tree is not approved for removal and where trees requested for removal are adjacent to sidewalks with a high volume of pedestrian use and/or with large vertical or slope displacements;

g. The requested tree removal is necessary to alleviate a demonstrated and ongoing maintenance burden for the property owner exceeding routine tree maintenance.

2. The city arborist will either approve, conditionally approve, or deny the application for tree health or hazard mitigation based on findings regarding the criteria set forth in subsection (E)(1) of this section. The city arborist’s determination under this section is appealable to the tree committee pursuant to Section 12.24.180. The tree committee’s decision also shall be based on findings regarding the criteria set forth in subsection (E)(1) of this section.

3. Tree removal requests based on property owner convenience shall be subject to tree committee review in accordance with the process set forth in subsection (F)(2) of this section, the relevant additional application requirements set forth in subsection (D)(2) of this section, and the criteria set forth in subsection G of this section.

4. All other tree removals not specified in this section on any site for which a ministerial development permit is sought shall be subject to tree committee or other discretionary review related to the discretionary development permit requested and approval in accordance with the additional application requirements set forth in subsection (D)(2) of this section, process set forth in subsection F of this section, and criteria set forth in subsection G of this section.

1. For tree removal requests related to ministerial development permits for the construction of single-family residences or accessory structures on R-1 or R-2 lots, or for improvements necessary to accommodate access for a disabled resident of the property (“minor ministerial development permits”), the city arborist shall review the application, investigate the site, examine the tree or trees in question, review the compensatory planting plan, and either approve, conditionally approve (with additional compensatory planting requirements or tree protection measures), or deny the tree removal request(s), based on the criteria set forth in subsection G of this section, subject to appeal as set forth in Section 12.24.180.

2. For all tree removal requests related to ministerial development permits, other than as specified in subsection (F)(1) of this section, the tree committee shall review and make a recommendation on the tree removal application to the community development director based on the criteria in subsections G and J of this section. The director shall consider the recommendation of the tree committee, as well as the consistency of the tree removal application with other city development policies and standards applicable to the site, and shall either approve, conditionally approve or deny the tree removal request, subject to appeal as set forth in Section 12.24.180.

3. For any tree removal request related to any discretionary development permit application subject to director action/director hearing/minor and moderate development review/minor use permit/minor subdivision processes, city arborist shall review the tree removal application and make a recommendation on the tree removal application to the authorized approving authority based on the criteria set forth in subsections G and J of this section. The authorized approving authority shall consider the arborist’s recommendation in addition to the complete development application’s compliance with other applicable city development policies, codes and standards and shall either approve, conditionally approve or deny the tree removal as a part of the final discretionary approval, subject to otherwise applicable appeal processes for the development entitlement.

4. For any tree removal request related to any discretionary development permit application subject to major development review/tentative tract map/conditional use permit processes, the tree committee shall review and make a recommendation on the tree removal application to the authorized approving authority based on the criteria set forth in subsections G and J of this section. The authorized approving authority shall consider the tree committee’s recommendation in addition to the complete development application’s compliance with other applicable city development policies, codes and standards and shall either approve, conditionally approve or deny the tree removal as a part of the final discretionary approval, subject to otherwise applicable appeal processes for the development entitlement.

5. During property development or construction, any tree that is requested to be removed that was not identified and approved for removal by the authorized approving authority shall return to the authorized approving authority for approval prior to removal.

6. For tree removal requests related to a ministerial development permit, under subsection (F)(1) or (F)(2) of this section, where the approving authority for the development permit is the chief building official, the ministerial development permit application shall not be deemed complete and the chief building official shall not issue any construction permit unless any necessary tree removal permit has been approved and the time for appeal has expired.

G. Criteria for Construction Related Tree Removal Recommendation. Recommendations and determinations of the city arborist and the tree committee regarding any tree removal requests pursuant to subsection F of this section shall be based upon the criteria in this section. Tree removal recommendations shall be based on the following criteria:

1. Size of Tree. The scale of the tree shall be considered, as well as the size of the tree’s canopy. Larger, more visually prominent trees may have a higher preservation priority than smaller, less visually prominent trees;

2. Location of Tree on Private Property. The location of the tree on private property shall be considered. Trees located in a private rear yard, which are not highly visible from the public right-of-way, may have a lower preservation priority than trees with a high visual impact to the neighborhood;

3. Species of Tree. Native trees shall have a higher preservation priority than non-native trees;

4. Forestry Best Practice. The number of healthy trees that a given parcel of land will support shall be considered, and whether removal would enhance the health or survival of remaining trees. Applications that increase biodiversity of native trees and tree age distribution within a given area are preferred;

5. Public Right-of-Way Obstruction or Displacement. Street trees requested for removal due to obstruction of vision, access, mobility of public traffic or sidewalk infrastructure repair or replacement shall have a lower preservation priority when the tree species is known to have invasive root structure or other characteristics that increase the likelihood that damage is likely to reoccur if not authorized for removal. Trees adjacent to sidewalks with a high volume of pedestrian use with large vertical or slope displacements may have a lower preservation priority;

6. Compliance with Subsection J of This Section Regarding Compensatory Plantings. The approving authority may consider an application proposal to provide compensatory plantings in excess of required minimums in evaluating this criterion;

7. Heritage Trees. A tree which has been designated a heritage tree is prohibited from removal unless the city arborist authorizes a tree removal upon finding that a tree removal would be related to tree health or hazard mitigation as outlined in subsection (E)(1) of this section. Heritage trees have the highest preservation priority.

1. Tree removal requests for any city project must follow the same procedures as any property owner.

2. After receiving approval to remove a tree as part of a capital improvement project, the city shall replace the tree as soon as feasible during the project at a ratio determined by the public works director.

1. The city shall post a sign notifying the public of the date and description of a proposed tree removal. This sign shall be posted in a prominent location on the property on which the tree removal is requested, visible from a public right-of-way, for a period not less than five days before either staff consideration of a tree removal permit or the approval of a ministerial or discretionary development permit.

2. The public works director may waive application and notification requirements for a tree removal and immediately permit removal when the director determines that a tree’s condition threatens public health, safety or welfare such that an application and notice are not feasible. The owner of the property on which such a removal is requested shall produce sufficient proof to the director’s satisfaction that a notice and an application are not feasible. Removals authorized under this section are not appealable.

J. Compensatory Tree Planting. Tree removals authorized under subsection E or F of this section shall be compensated by planting a minimum of one new tree for each tree authorized to be removed when planted on the same property (on site) or two new trees for each tree authorized to be removed when planted on a different property or within the public right-of-way (off site).

In approving an application for tree removal, the authorized approving authority shall require compensatory plantings of a size consistent with city engineering standards as set forth in the table below:

Container Size	Trunk Diameter (inches)
15-gallon	0.75" to 1.5"
24-inch box	1.5" to 2.5"
36-inch box	2.5" to 3.5"
48-inch box	3.5" to 4.5"

The authorized approving authority may require subsequent compensatory tree plantings in the event that the original replacement plantings fail to establish and/or may require a bond ensuring that replacement trees shall be planted and maintained.

K. Expiration of Appeals. Decisions on tree removal by authorized approving authority shall be subject to appeal according to the appeal provisions of this code, and no removal or related development permit shall be issued until the appeal period has lapsed.

1. The city has a program whereby staff evaluates and repairs sidewalks and streets on a predetermined schedule. When the city determines a street tree must be removed to repair the sidewalk, the city will pay all costs to repair sidewalk, curb, and gutter, remove the tree and plant a new tree.

2. If a property owner wishes to remove a street tree and repair hardscape damage outside of regular city maintenance and replacement schedules they may do so at their own expense, if the removal is approved in compliance with subsection E or F of this section. The property owner shall pay for the necessary hardscape repairs and be required to plant and maintain a new tree as a condition of their approved tree removal, either in the same location or in another more suitable location. (Ord. 1664 § 3 (Exh. A), 2019)