(a) Planting and Removal by the Department.
(1) Planting. The Department may determine to plant a new climate appropriate Tree(s) in a Sidewalk or public right-of-way. When the Department determines to plant a new Street Tree(s), the Department will undertake Maintenance responsibility for such new Street Tree and shall send a courtesy Notice to the abutting property owner prior to Planting such new Tree. Any objections to the proposed work must be submitted to the Director in writing and postmarked within 30 days after Notice by the Director. The Director shall consider such objections and may hold a hearing, in the Director's discretion. The Director's decision on the matter shall be final and nonappealable.
(2) Removal of Street Trees. The Department may not cut down or remove a Street Tree, unless 30 days prior to the Removal date, the Department notifies all Interested San Francisco organizations and, to the extent practical, all owners and occupants of properties that are on or across from the block face where the affected Tree is located. In addition, 30 days prior to the Removal date, the Department shall post a notice on the affected Tree.
(3) Appeal of Tree Removal.
(A) If within 30 days after the giving of Notice for Street Tree Removal, as specified in subsection (a)(2), or if within 15 days after the giving of notice for Removal of a hazard Street Tree, as specified in Subsection (a)(4), any Person files with the Department written objections to the Removal, the Director shall hold a hearing to consider public testimony concerning the proposed Tree Removal. Written Notice of the date, time, and place of the hearing shall be posted on the affected Tree, provided in a newspaper of general circulation, and sent to the objecting party, the owner of the property abutting the affected Tree, and all Interested San Francisco organizations, not less than seven days prior thereto.
(B) The Director shall issue a written decision and order on the objections after the public hearing specified above.
(C) The Director’s decision shall be final and appealable to the Board of Appeals.
(4) Removal of Hazard Street Trees.
(A) No Hazard Street Tree shall be cut down or removed by the Department unless:
(i) The Department gives 15 days’ prior written Notice to the owner of the property abutting the affected Tree; and
(ii) Fifteen days prior to the Removal date, the Department notifies all Interested San Francisco organizations and, to the extent practical, owners and occupants of properties that are on or across the block face where the affected Tree is located. In addition, 15 days prior to the Removal date, the Department shall post a notice on the affected Tree.
(B) Hazard Street Tree shall have the same meaning as Hazard Tree in Section 802 except that a Hazard Street Tree is located within the public right-of-way.
(5) Emergency Removal. In the case of manifest danger and immediate necessity, as determined by the Director, the Department may remove any Street Tree immediately. After such emergency Removal, the Department shall provide Notice of the necessity for such action to the owner of the property abutting the affected Tree, all Interested San Francisco organizations and, to the extent practical, all owners and occupants of properties that are on or across from the block face where the affected Tree was removed.
(6) Replacement of Street Trees. If the Department removes a Street Tree under this subsection (a), the Department shall replace the Street Tree at the same location within 120 days of its removal, with the following exceptions and qualifications.
(A) If the Department removes a Street Tree and cannot replace it in the same location due to accessibility requirements or interference with underground utilities, the Department shall plant a new Street Tree in a new location as close as reasonably possible to the location of the Street Tree that the Department removed.
(B) The Department shall not be required to replace a Street Tree, if a private party has agreed to plant, within the 120 days of removal, and Maintain a new Street Tree at the same location, under Section 805(c).
(C) If the Department is unable to replace a Street Tree within 120 days of removal, the Department shall record, in a Delayed Replacement Tree Report, the Tree’s location, the reason for delay, and the date the Department projects replacement will take place. The Department shall promptly plant Trees listed in the Delayed Replacement Tree Report as resources are available or constraints are resolved and shall compile and track the average length of time that Trees remain on the Delayed Replacement Tree Report.
(b) Planting and Removal by Persons Other Than the Department.
(1) Planting and Removal Permits. It shall be unlawful for any person to plant or to remove any Street Tree without a valid permit for such work issued by the Department. All permits for the Planting or Removal of Street Trees issued by the Director for residential properties shall be recorded on the Report of Residential Building Records in accordance with Section 351 of the Housing Code. All work associated with a Street Tree permit must be completed within six months of issuance, unless an extension has been granted by the Department.
(2) Planting. An abutting property owner who desires a permit to plant a Street Tree shall apply to the Department on the designated form. If approved by the Director, the Department shall issue a permit to plant the specified climate appropriate species of Tree(s) to the applicant. There shall be no administrative fee imposed for a permit to plant a Street Tree unrelated to property development. The Director’s decision on a Street Tree planting permit shall be final and appealable to the Board of Appeals.
(3) Removal.
(A) An abutting property owner who desires a permit to remove a Street Tree shall apply to the Department on the designated form. The Department may grant or deny the permit in accordance with the following procedures and requirements. If the Department grants a Tree removal permit, it shall require that a Street Tree or Trees of equivalent replacement value to the one removed be planted in the place of the removed Tree or impose an in-lieu fee unless it makes written findings detailing the basis for waiving or modifying this requirement.
(i) Where an abutting property owner removed a Street Tree or Trees without obtaining a permit, the Department shall require that the property owner plant a replacement Street Tree or Trees with total diameter six-inches above ground that is equal to or greater than the total diameter of the Street Tree or Trees that were removed without a permit.
(ii) The fee for a permit to remove one to three Street Trees shall be $607 when the permit is requested to allow for development or construction; the fee for a permit to remove one to three Street Trees shall be $300 when the permit is requested to remove a hazard or a diseased Tree or to prevent damage to the sidewalk; the fee for a permit to remove four to nine Street Trees shall be $808; and the fee to remove 10 or more Street Trees shall be $1,214.
(iii) Additional Fees. The Director, in the Director’s discretion, may require an applicant or permittee to pay additional fees as set forth in Section 2.1.3.
(iv) Fee Review and Adjustment. Beginning with fiscal year 2010-2011, the fees that are established herein shall be reviewed and adjusted each year in accordance with the procedures set forth in Section 2.1.2.
(B) Thirty days prior to the Removal date, the Department shall give Notice to all Interested San Francisco organizations and, to the extent practicable, the owners and occupants of properties that are on or across from the block face or adjacent to where the affected Tree is located. In addition, 30 days prior to the Removal date, the Department shall post a notice on the affected Tree. If within 30 days after the giving of such notice any person files with the Department written objections to the Removal, the Director shall hold a hearing prior to removing the Tree. Written notice of the date, time, and place of the hearing shall be posted on the affected Tree and sent to the objecting party and all Interested San Francisco organizations not less than seven days prior thereto.
(C) The Director shall issue a written decision and order on the objections after the public hearing specified above.
(D) The Director’s decision shall be final and appealable to the Board of Appeals.
(c) Planting and Removal by City Agencies, Commissions, or Other Departments. If a City agency, commission, or department other than the Department of Public Works desires to plant or remove a Street Tree, such agency, commission, or department shall be subject to the provisions of Subsection (b); provided, however, that for purposes of Street Tree Removal, the notice and procedures for Director's hearings set forth in Subsections (a)(2) and (a)(3) shall apply.
(d) Required Street Trees for Development Projects. The Director shall require Street Trees for the development projects as set forth in this Subsection (d).
(1) Applicability. This Subsection shall apply to development projects that involve any of the following:
(A) the construction of a new building;
(B) the addition of a dwelling unit;
(C) the addition of a new curb-cut;
(D) the addition of a garage; and/or
(E) a net addition to an existing building of 500 gross square feet or more.
(2) Number of Trees Required. The Director shall require one Street Tree for each 20 feet of Street frontage of the property containing the development project, with any remaining fraction of 10 feet or more of frontage requiring an additional Tree. Any existing Street Trees located within the public right-of-way along such property that have been protected during construction and that the Director does not recommended for Removal, shall count toward meeting the requirement.
(3) Standards for Required Trees. New Street Trees that the Director requires to be planted under this Subsection shall:
(A) be planted within the public right-of-way adjacent to the property containing the development project;
(B) be of a species suitable for the site conditions;
(C) be a minimum of 24-inch box size;
(D) have a minimum 1 1/4-inch caliper, measured at 6-inches above ground;
(E) be planted no higher than the adjacent Sidewalk and provide a below-grade environment with nutrient-rich soils, free from overly-compacted soils, and generally conducive to Tree root development; and
(F) be watered, maintained, and replaced if necessary by the property owner, in accordance with this Article 16, and be in compliance with applicable water use requirements of Administrative Code Chapter 63.
(4) Waivers and Modifications. The Director may waive or modify the number of and/or standards for Street Trees required pursuant to this Subsection only as described below:
(A) The Director, in his or her sole discretion, may waive or modify the requirements of this subsection when inadequate Sidewalk width or interference with driveways, sub-sidewalk basements, or other pre-existing surface, sub-surface, or above-grade features render installation of the required Street Tree(s) in the required fashion impossible, impractical, and/or unsafe. For each required Street Tree that the Director waives, the applicant, at his or her choosing, shall either (i) pay an In-lieu fee pursuant to Section 802 or (ii) to fulfill all or a portion of the requirement, provide alternative landscaping, including but not limited to Sidewalk landscaping, in amount comparable to or greater than the number of Street Trees waived; or
(B) Only in those extraordinary and unusual circumstances where an applicant successfully demonstrates that an overriding City policy renders the Planting of the required Street Tree(s) inappropriate and both the Director and the Director of Planning concur, the Director may waive one or more required Street Trees. For each required Street Tree that the Director waives, the Director, in his or her sole discretion, shall require that the applicant either (i) pay an In-lieu fee pursuant to Section 802 or (ii) fulfill all or a portion of the requirement by providing alternative landscaping, including but not limited to Sidewalk landscaping, in amount comparable to or greater than the number of Street Trees waived.
(Added by Ord. 165-95, App. 5/19/95; amended by Ord. 294-98, File No. 98-0991, Eff. 11/2/98; Ord. 17-06, File No. 051458, App. 1/20/2006; Ord. 193-06, File No. 060778, App. 7/21/2006; Ord. 166-09, File No. 090722, App. 7/21/2009; Ord. 84-10, File No. 091453, App. 4/22/2010; Ord. 119-15
, File No. 150221, App. 7/15/2015, Eff. 8/14/2015; Ord. 245-17, File No. 170985, App. 12/22/2017, Eff. 1/21/2018; Ord. 1-22, File No. 210836, App. 1/13/2022, Eff. 2/13/2022)