HomeMy WebLinkAbout01/03/2006, C4 - PROPOSED CHANGE TO TREE ORDINANCE councit M �3,2006
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CITY OF SAN LUIS OBISPO
FROM: Jay D.Walter,Public Works Director
Prepared by: Todd Beights,Parks and Urban Forest Supervisor
SUBJECT: PROPOSED CHANGE TO TREE ORDINANCE
CAO RECOMMENDATION
Introduce an ordinance amending Section 12.24.200 Tree Regulations of the San Luis Obispo
Municipal Code:
DISCUSSION
A problem in the existing Tree Regulations became apparent during the processing of an appeal
to a recent decision made by the Tree Committee. The problem was related to the interpretation
of the number of days the notice must be posted prior to hearing the appeal. After discussion
with the City Attorney, it was decided that revised wording was needed for the posting notice to
be placed, as well as revisions to the Municipal Code wording to clarify the time frame in which
an appeal may be filed.
The current section of the Municipal Code reads as follows:
12.24.200 B—Appeals.
A. In accordance with the provisions of Chapter 1.20, any person aggrieved by an act
or determination of the staff in exercising the authority herein granted shall have
the right to appeal to the Tree Committee, whose decisions are appealable to the
City Council.
B. Appeals received by the City within ten days from the date of posting shall cause
the Public Works Director to withhold tree removal permits and stop any
construction or demolition activity affecting the subject tree until the appeal is
heard and a decision is reached. (Ord. 1392 § 1 (part), 2001)
The proposed changes would be as follows:
B. Appeals received by the City within ten calendar days from the date of pesting the
act or determination shall cause the Public Works Director to withhold tree removal
permits and stop any construction or demolition activity affecting the subject tree
until the appeal is heard and a decision is reached. (Ord. 1392§ I (part), 2001)
Proposed Change to Tree Ordinance Page 2
For reference purposes, the general appeal provisions in the Municipal Code are as follows:
1.20.030 Time within which to file an appeal.
The appellant shall file a notice of appeal with the City Clerk within ten calendar days
after the date upon which the administrative decision appealed from is made. In the event
the last day of the filing period falls on a non-business day, the appeal period shall be
extended to include the next business day, and this rule shall apply whenever an appeal
procedure is specifically set forth elsewhere in this code. (Prior code § 1402)
It is intended that the change will make the Municipal Code provisions more internally consistent
and easier to understand for citizens who wish to file an appeal.
CONCURRENCES
The Tree Committee concurs with the changes presented in this report.
FISCAL IMPACT
Changes to 12.24.200 will have no direct fiscal impact on the City
ALTERNATIVES
1. Make no changes to the Tree Ordinance. Doing so would leave in place a posting
requirement that is confusing and would continue to foster complaints. Staff desires to
simplify the ordinance so that it is clearer and more easily understood.
2. Modify proposed changes or make other modifications to the existing ordinance.
ATTACHMENTS
Ordinance
IA_CAR Reports\2006\Parks,Trees\Tree Ordinance Revisions.doc
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ORDINANCE NO. (2006 Series) MACHMENT
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE TREE REGULATIONS
WHEREAS, The City Council of the City of San Luis Obispo relies upon the advice of
its advisory bodies; and
WHEREAS, the Tree Committee is one such advisory body and is charged with the
review and proper implementation of the City's Municipal Code as it relates to the City's urban
forest; and
WHEREAS, the City's Arborist did with the assistance of the Tree Committee review
the existing Municipal Code for possible modifications that would enhance the urban forest,
protect private property rights and reduce overall City liability; and
WHEREAS, after said review the Tree Committee recommended that the City Council
modify the Municipal Code; and
WHEREAS, the City Council considered that recommendation and agreed that it was
appropriate.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Section 12.24.200 (Appeals) of Chapter 12.24 (Tree Regulations) of the
San Luis Obispo Municipal Code is hereby amended to read as follows:
A. In accordance with the provisions of Chapter 1.20, any person aggrieved by an act
or determination of the staff in exercising the authority herein granted, shall have
the right to appeal to the tree committee, whose decisions are appeal able to the
city council.
B. Appeals received by the city within ten calendar days from the date of
determination or act shall cause the public works director to withhold tree removal
permits and stop any construction or demolition activity affecting the subject tree
until the appeal is heard and a decision is reached.
SECTION 2. A summary of this ordinance, approved by the City Attorney; together
with the names of the Council members voting for and against it, shall be published at least five
days prior to its final passage, in the Tribune, a newspaper published and circulated in this City.
This ordinance will go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the - _ day of 2006
AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day
of 2006, on the following vote:
-- �' ATTACHMENT f
Ordinance No. (2006 Series)
Page 2
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
ath . Lowell, City Attorney
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