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HomeMy WebLinkAbout03-21-2017 Item 15, DietrickCGUNCILMEETMG: ! T1r.M NQ,: Council Memorandum March 17, 2017 TO: City Council FROM: VIA: Christine Dietricl(� Katie Lichtig, City Manager rk SUBJECT: Tree Appeal, Item 15 R D MAR 17 2017 SLO CITY CLERK My office received an inquiry regarding the applicability of Section 12.24.100 of the City's Municipal Code within the context of the City's tree removal regulations (SLOMC section 12.24.090) and the currently pending appeal. Section 12.24.100 of the City's Municipal Code is entitled "Control of trees and shrubs for protection of public safety." This section requires property owners to maintain all trees and shrubs on their property in a manner which does not create a dangerous condition of public property. Hazards include "...branches hanging over sidewalks and shrubbery growing in to the right-of-way which interferes with passage or visibility." This section further requires trees or shrubs to be removed when in the opinion of the director, the tree or shrub endangers public property. This section further provides that "[i]n the case of emergency caused by a tree in a hazardous condition, [a] tree may be removed by order of the director." Although this section requires property owners to maintain trees and shrubs in a way that does not create a dangerous condition of public property, it does not authorize a property owner unilaterally to determine that removal of a tree is necessary without City approval. Rather, a removal determination under that provision must be made and authorized by the Director of Public Works. Stated another way, this provision authorizes the City to regulate the manner in which property owners maintain their trees and shrubs and to require additional maintenance or mandate removal if the Director of Public Works determines that the tree or shrub on private property encroaches onto the public right of way or creates a dangerous condition of public property. In contrast, subsections C and D of Section 12.24.090 of the San Luis Obispo Municipal Code establish the framework for a property owner to request removal of a tree when such removal is not part of a development permit. Before a tree can be removed, the property owner must submit an application with the City and either the City Arborist or Tree Committee takes action. Subsection D.1 authorizes the City Arborist to permit the removal of a tree if he/she finds that the tree is an "(a) ... imminent hazard to life or property, and removing it is the only feasible way to eliminate the hazard; (b) The tree is dead or dying or damaged beyond reclamation; (c) or the tree's roots are causing severe damage to public or private property, and removing the tree is the only feasible way to eliminate the damage." If the City Arborist cannot make such findings then, per subsection D.2, the Tree Committee can authorize the removal if it finds: "(a) The tree is Tree Appeal Inquiry Paqe 2 causing undue hardship to the property owner...; (b) Removing the tree promotes good arboricultural practice; or (c) Removing the tree will not harm the character or environment surrounding the neighborhood." If a tree posed an imminent hazard to public safety, then removal may be authorized either by the Director of Public Works because he/she determines the tree to pose such a hazard or by the City Arborist under the provisions cited above. Additionally, assuming the hazard was not imminent and a removal application was feasible, the Tree Committee could approve the removal of a tree provided it could make one of the findings set forth in Section 12.24.090.D.2(a) — (c) which are broader than the findings for the Public Works Director or City Arborist.