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HomeMy WebLinkAboutr 10501 denying appeal tree committee dec 1570 penny laneRESOLUTION NO. 10501 (2014 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE TREE COMMITTEE DECISION TO APPROVE TREE REMOVAL REQUESTS AT 1570 PENNY LANE WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on January 27, 2014, and approved the Property Owner's request to remove three Blue Gum Eucalyptus trees and denied the Property Owner's request to remove a fourth Blue Gum Eucalyptus, located at 1570 Penny Lane, San Luis Obispo, California ( "Property "); and WHEREAS, on March 4, 2014 the City Council of the City of San Luis Obispo held a public hearing to consider the appeal of the Tree Committee's decision to approve the removal of three Blue Gum Eucalyptus at the Property. 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 an appeal of the San Luis Obispo Tree Committee's action, staff recommendations and reports thereon, and public testimony, makes the following finding: a. The trees are causing undue hardship to the property owner by significantly impacting the ability of the owner to develop the property. b. The hardship caused by tree number 4, as reflected on Attachment A hereto, may be mitigated by the processing of a variance to parking requirements applicable to the development application for the property. SECTION 2. The appeal of the Tree Committee's decision to allow the removal of two Blue Gum Eucalyptus at 1570 Penny Lane, San Luis Obispo, California, specified as Tree 2 and 3 on Attachment A, is hereby denied and the property owner may remove two Blue Gum Eucalyptus trees: a. Contingent upon a qualified biologist determining that no active nesting sites exist. b. Requiring that three 15- gallon replacement trees be planted, chosen from the Master Street Tree list. SECTION 3. The decision to allow the removal of one Blue Gum Eucalyptus at 1570 Penny Lane, San Luis Obispo, California, specified as Tree 4 on Attachment A is hereby upheld and the applicant may not remove the tree, except that if the applicant's application for a parking variance to mitigate the applicant's hardship resulting from the tree is not approved, the applicant shall be allowed without further action of Council to remove Tree 4 R 10501 Resolution No. 10501 (2014 Series) Page 2 Upon motion of Council Member Ashbaugh, seconded by Vice Mayor Christianson, and on the following roll call vote: AYES: Council Members Ashbaugh, Carpenter and Smith, Vice Mayor Christianson and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this 4"' day of March 2014. Mayot I arx ATTEST: APPROVED AS TO Uirtstitle Dietrick ity Attorney Resolution No. 10501 (2014 Series) Page 3 ,x y� ATTACHMENT A PINNY LANf e3 W Tree 2 i Free ;