HomeMy WebLinkAboutO-1589 Amending Chapter 12.24 Tree Ordinance, Tree Committee GuidelinesORDINANCE NO. 1589 (20f3 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE TREE ORDINANCE
WHEREAS, the City values the advice and service of the Tree Committee to ensure
thoughtful management and oversight of the City's urban forest; and
WHEREAS, the Tree Committee has requested an increase in membership to facilitate
timely service to the public in decision making on applications for tree removals; and
WHEREAS, clarification is needed to ensure effective enforcement of removal permit
conditions to plant replacement trees.
NO\il, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Chapter 12.24.020 Tree Committee, of the Tree Regulations of the San
Luis Obispo Municipal Code is hereby amended to read as follows:
12.24.020 Tree committee.
A. The tree committee shall act as an advisory body to the director and the city
council on all matters related to trees in San Luis Obispo.
B. The tree committee membership shall be governed by Tree Committee Bylaws, as
approved by the Council.
SECTION 2. Chapter 12.24.070 Enforcement, of the Tree Regulations of the San Luis
Obispo Municipal Code is hereby amended to read as follows:
12.24.I70 Enforcement.
The public works department shall be responsible for enforcement of this chapter.
A. Any person deemed responsible for damaging a tree, failing to plant trees required
as a condition of atree removal or other permit, or removing a tree without a permit as described
in this chapter shall be liable for civil penalties to the city.
(1) The civil penalties shall be the value of the tree times two, plus all staff costs
related to the illegal tree removal or tree damage. The city arborist will compute the value of the
tree using methods established by the International Society of Arboriculture.
(2) The property owner shall also be held responsible for damaging or removing a
tree on the owner's property without a permit as described in this chapter and be liable for
additional öivil penalties to the city as described above 12.24.170A(l).
(3) If the tree removal or damaged tree is related to any development or subdivision
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Ordinance No. 1589 (2013 Series)
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then the civil penalties shall be the value of the tree times four, plus all related staff costs.
(4) In addition to civil penalties the property owner will be required to plant up to
three trees under the direction of the city arborist. The size of the tree shall be determined by the
city arborist and may be up Io a 48" box tree.
(5) For damaged trees, in addition to civil penalties, the property owner will be required
to obtain the services of an ISA certified arborist to determine the future viability of the tree and
if salvageable, create a maintenance plan to restore the tree.
(6) The city council may adopt, by resolution, alternate civil damage amounts to be
assessed against any person deemed responsible for damaging, harming or removing a tree
without a permit.
SECTION 3. Ordinance number 1544 (2010 Series) is hereby amended and superseded
to the extent inconsistent herewith.
SECTION 4. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its f,rnal passage.
INTRODUCED on the 16th day of April 2013, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 7'h day of May 20I3,on the following roll call
vote:
AYES: Council Members Ashbaugh and Carpenter, Vice Mayor Smith and
Mayor Marx
None
None
Jan
ATTEST:
City Clerk
APPROVED AS RM
NOES:
ABSENT
City Attorney