HomeMy WebLinkAbout04-04-2017 Item 15, Resolution ratifying Appeal decision Tree Committee Decision - 2466 Augusta St Meeting Date: 4/4/2017
FROM: Daryl Grigsby, Director of Public Works
Prepared By: Matt Horn, Deputy Director / City Engineer
SUBJECT: ADOPT A RESOLUTION RATIFYING THE CITY COUNCIL’S MARCH 21,
2017 DECISION OF AN APPEAL (FILED BY STALWORK, INC.) OF THE
TREE COMMITTEE’S DECISION TO DENY REMOVAL OF TREES FOR A
PROPERTY LOCATED AT 2466 AUGUSTA STREET.
RECOMMENDATION
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo,
California, Denying in Part, and Upholding in Part, an Appeal of the Tree Committee’s Decision
to Deny a Tree Removal Request at 2466 Augusta Street and Waiving and Levying Civil
Penalties.”
DISCUSSION
On March 21, 2017, the City Council considered an appeal filed by Stalwork, Inc. of the Tree
Committee’s decision on requested tree removals for the property located at 2466 Augusta
Street. By way of reference, the following figure identifies each tree referenced in the City
Council’s decision:
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At that meeting the City Council, by minute order:
a) Denied the appeal regarding Tree No. 1 and levied civil penalties in the amount of
$8,200 against Stalwork, Inc. and $8,200 against the owner or owners of the
Property located at 2466 Augusta Street, San Luis Obispo, California.
b) Did not levy any civil penalties associated with the premature removal of Tree
Nos. 2 and 6 based on the findings set forth above.
c) Approved the removal of Tree Nos. 3, 4 and 5 subject to:
i. issuance of a building permit for a pool in the rear yard of the
property; and
ii. Tree replacement mitigation on a 1 to 1 basis to the satisfaction of the
City Arborist.
Approval of the attached resolution simply ratifies the City Council’s March 21, 2017 action.
ENVIRONMENTAL REVIEW
The project and tree removals at 2466 Augusta Street is categorically exempt from
environmental review pursuant to CEQA Guidelines Section 15301 (maintenance or replacement
of an existing facility).
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FISCAL IMPACT
Levied civil penalties in the amount of $16,400 will be deposited into the City’s General Fund.
Attachments:
a - 03-07-2017 Resolution
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R ______
RESOLUTION NO. _____ (2017 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DENYING IN PART, AND UPHOLDING IN
PART, AN APPEAL OF THE TREE COMMITTEE’S DECISION TO DENY
A TREE REMOVAL REQUEST AT 2466 AUGUSTA STREET AND
WAIVING AND LEVYING CIVIL PENALTIES
WHEREAS, on January 23, 2017, the Tree Committee of the City of San Luis Obispo
held a public hearing to consider a request to remove several trees from the property located at
2466 Augusta Street, San Luis Obispo, California (the “Property”). The Tree Committee:
Tree No. 1: Denied the removal of the California Pepper located next to the front
driveway;
Tree No. 2: Approved the removal of the Pine Tree located in the driveway area;
Tree No. 3: Denied the removal of the California Pepper Tree located next to the garage;
Tree No. 4: “Tabled” action on removal of the Eucalyptus located in the rear of the
property until a pool permit is issued;
Tree No. 5: “Tabled” action on removal of the Black Acacia in the rear of the property
until a pool permit is issued; and
Tree No. 6: Approved the removal of the Black Acacia located in the side of the
property towards the rear yard.
WHEREAS, on March 21, 2017, the City Council of the City of San Luis Obispo held a
public hearing to consider the appeal of the Tree Committee’s decision filed by Stalwork, Inc.
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:
Findings related to the levy of civil penalties associated with the premature removal of the
Trees Nos. 2 and 6:
a) The trees were unanimously approved for removal by the Tree Committee.
b) The trees were infested and stressed or were not good landscape trees.
c) The trees were removed only two days prior to the expiration of the appeals period
for the decision and the City received no appeals within that period of time.
d) The premature removal was more inadvertent than intentional.
SECTION 2. Action. The City Council hereby:
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Resolution No. _____ (2017 Series) Page 2
R ______
a) Denies the appeal regarding Tree No. 1 and hereby levies civil penalties in the
amount of $8,200 against Stalwork, Inc. and $8,200 against the owner or owners of
the Property located at 2466 Augusta Street, San Luis Obispo, California.
b) Does not levy any civil penalties associated with the premature removal of Tree
Nos. 2 and 6 based on the findings set forth above.
c) Approves the removal of Tree Nos. 3, 4 and 5 subject to:
i. issuance of a building permit for a pool in the rear yard of the property;
and
ii. Tree replacement mitigation on a 1 to 1 basis to the satisfaction of the
City Arborist.
SECTION 3. Environmental Review. This decision is exempt from environmental review
pursuant to CEQA Guidelines sections 15301 and 15303.
Upon motion of _______________________, seconded by _______________________, and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2017.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
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Resolution No. _____ (2017 Series) Page 3
R ______
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
____________________________________
Carrie Gallagher
City Clerk
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