HomeMy WebLinkAboutr10394denyanappealtotreecommittedecisiontodenyatreeremovalreqat1288morroRESOLUTION NO . 10394 (2012 Series )
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL TO THE TREE COMMITTEE DECISIO N
TO DENY A TREE REMOVAL REQUEST AT 1288 MORR O
WHEREAS,the Tree Committee of the City of San Luis Obispo held a public hearing
on July 23, 2012, and denied the Property Owner's request to remove one pine tree located a t
1288 Morro, San Luis Obispo, California ("Property"); and
WHEREAS,on September 4, 2012, the City Council of the City of San Luis Obispo hel d
a public hearing to consider the appeal of the Tree Committee's decision to deny the removal o f
one pine tree at the Property .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo as follows :
SECTION 1 .Findings :The City Council, after consideration of the property owner's
appeal of the San Luis Obispo Tree Committee's action, staff recommendations and report s
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 deviations or defect s
created by the tree to access paths are significant and that such defects cannot b e
remedied or mitigated through diligent maintenance by the property owner ; and
2.No testimony or evidence was presented to demonstrate that maintenance and/o r
repair of the tree or affected access pathways, in a manner that would mitigate o r
eliminate impacts asserted by the applicant, is physically or financially infeasible o r
unduly burdensome .
b . The removal of the pine tree will not promote good arboricultural practice because th e
tree is healthy, attractive, and vigorous .
c . The removal of the pine tree will harm the character or environment of the surroundin g
neighborhood because it is a large and attractive shade tree, visible from publi c
passageways, which softens the appearance of the building .
SECTION 2 .The appeal of the Tree Committee's decision to deny the removal a pin e
tree at 1288 Morro, San Luis Obispo, California is hereby denied and the property owner ma y
not remove the tree .
R 10394
Resolution No . 10394 (2012 Series )
Page 2
Upon motion of Council Member Ashbaugh, seconded by Council Member Smith, an d
on the following roll call vote :
AYES :
Council Members Ashbaugh and Smith, and Mayor Mar x
NOES :
Council Member Carter and Vice Mayor Carpente r
ABSENT : Non e
The foregoing resolution was adopted this 4 th day of September 2012 .
ATTEST :
Maeve Ke r edy G
City Clerk