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
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