HomeMy WebLinkAboutr 10502 deny tree removal 590 marsh stRESOLUTION NO. 10502 (2014 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL TO THE TREE COMMITTEE DECISION
TO DENY A TREE REMOVAL REQUEST AT 590 MARSH STREET
WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing
on January 27, 2014, and denied the Property Owner's request to remove one Indian Laurel Fig
tree located at 590 Marsh Street, San Luis Obispo, California ( "Property "); and
WHEREAS, on March 4, 2014 the City Council of the City of San Luis Obispo held a
public hearing to consider the appeal of the Tree Committee's decision to deny the removal of
one Indian Laurel Fig at the Property.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings: The City Council, after consideration of the appeal of the San
Luis Obispo Tree Committee's action, staff recommendations and reports thereon, and public
testimony, makes the following findings:
a. The tree is not causing undue hardship to the property owner because:
1. No testimony or evidence was presented to demonstrate that the presence of the tree
severely restricts development; and
2. No testimony or evidence was presented to demonstrate that maintenance and /or
repair of the tree or affected sidewalks, in a manner that would mitigate or eliminate
impacts asserted by the applicant, is physically or financially infeasible or unduly
burdensome.
b. The removal of the tree will not promote good arboricultural practice because the tree is
healthy, attractive, and vigorous.
c. The removal of the tree will harm the character or environment of the surrounding
neighborhood because it is a large and attractive shade tree within the public street.
SECTION 2. The appeal of the Tree Committee's decision to deny the removal of an
Indian Laurel Fig tree at 590 Marsh Street, San Luis Obispo, California is hereby denied and the
property owner may not remove the tree.
R 10502
Resolution No. 10502 (2014 Series)
Page 2
Upon motion of Vice Mayor Christianson, seconded by Council Member Smith, and on
the following roll call vote:
AYES: Council Member Smith, Vice Mayor Christianson and Mayor Marx
NOES: Council Members Ashbaugh and Carpenter
ABSENT: None
The foregoing resolution was adopted this 4th day of March 2014.
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Mayor Ja arx.
ATTEST:
j PROVED AS =ORM:
Christine Dietrick
City Attorney