HomeMy WebLinkAbout01/17/2006, C2 - ADOPTION OF ORDINANCE NO. 1489 CLARIFYING THE APPEAL PERIOD FOR THE TREE REGULATIONS IN THE MUNICIP 1
council J M January 17,2006
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CITY OF SAN LUIS OBISPO
FROM: Jay D. Walter, Public Works Director 4043
Prepared By: Todd Beights, Parks and Urban Forest Mpervisor
SUBJECT: ADOPTION OF ORDINANCE NO. 1489 CLARIFYING THE APPEAL
PERIOD FOR THE TREE REGULATIONS IN THE MUNICIPAL
CODE
CAO RECOMMENDATION
Adopt Ordinance No. 1489.
DISCUSSION
On January 3, 2006, the Council voted 5-0 to introduce Ordinance No. 1489. Section 12.24.200
of the Municipal Code was amended to more clearly define the appeal period for decisions made
by staff and the Tree Committee. Ordinance No. 1489 is now ready for adoption and will
become effective thirty days after the date of its final passage.
ATTACHMENT .
Ordinance No. 1489
lACAR Reports\2006\Parks-Treeffree Ordinance Revision\Council Agenda Report-Final Adoption 1489.doc
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ORDINANCE NO. 1489 (2006 Series)
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 3rd day of January 2006 AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the day of
2006, on the following vote:
Ordinance No. 1489 (2006 Series)
Page 2
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jon . Lowell, City Attorney
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