HomeMy WebLinkAbout04-16-2013 ph1 tree ordinance & tree committee bylaw revisionscounci l0j agenea nepon t
C I T Y O F SAN L U I S O B I S P O
FROM :Daryl R . Grigsby, Director of Public Works
Prepared By :Ron Combs, City Arboris t
Barbara Lynch, Deputy Director of Public Work s
SUBJECT :TREE ORDINANCE AND TREE COMMITTEE BYLAW REVISION S
RECOMMENDATION S
1.Introduce an ordinance revising Chapter 12 .24 Tree Regulations of the Municipal Code .
2.Approve a resolution modifying the Tree Committee Bylaws .
DISCUSSIO N
The Tree Ordinance regulates all matters related to trees within the City, including the City's Tre e
Committee Advisory Body. Issues that occur related to the Ordinance are tracked so that when a n
Ordinance revision is taken to Council it is inclusive of areas that have come to the City's attentio n
as warranting revision. There are two recommended changes to the Tree Ordinance, last updated i n
2010 . The first pertains to the request of the Committee to increase its membership . The second is
an addition, recommended by the City Attorney, to allow for better enforcement of replacement tre e
plantings, required as part of the permit to complete a tree removal (Attachments 1, 2 & 3).
The Tree Committee has requested the Council allow for additional membership to provide for a
more frequent quorum, and limit tie votes in making determinations on Tree Removal Applications .
The applicant is expected to attend the meeting, and if the Committee is unable to make a findin g
due to a lack of quorum, the applicant will have to return for another meeting . The Tree Committe e
is currently comprised of five members, two from other City Advisory Bodies, and three from th e
public appointed by the City Council .
Membership on the Tree Committee is covered by both the Tree Ordinance (Section 12 .24 .020 B .
Tree Committee) and the Committee's Bylaws (Article 2 . Committee Membership .) The proposed
Ordinance revision refers to the Bylaws for Committee size and membership, as this language in th e
Ordinance is currently redundant to the Bylaws . The proposed change to the Bylaws creates th e
additional membership . For the future, any changes to the Committee would come before th e
Council for approval in the form of an approval to change the Bylaws .
Section 12 .24 .170 A . of the Tree Ordinance provides for Enforcement of civil penalties for person s
damaging or illegally removing a tree without a required permit . What is less clear in the existing
language is the requirement to comply with replanting as a condition of the removal permit .
Providing clarifying language will provide an additional tool to encourage permittees to complet e
replanting . The recommended amendment establishes that failure to plant replacement trees as a
condition of a permit issuance will be subject to civil penalties and clarifies the Code requiremen t
for these replantings .
Meeting DateApril 16,2013',,item Humber PH I
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Tree Ordinance and Tree Committee Bylaw Revisions Page 2
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CONCURRENCE S
The Committee voted 5 to 0, to have staff recommend to the Council to increase its membershi p
from five to seven members . (Attachment 4 )
The City Attorney recommends the addition of the language regarding replanting, for purposes o f
strengthening the City's ability to enforce .
FISCAL IMPAC T
The Tree Committee positions are volunteer, so only minor costs are anticipated with the expansio n
of the membership . Additional effort will be needed by the Clerk's Office and City Council t o
recruit and appoint members .
ALTERNATIV E
Leave existing membership as is.The Committee may continue to experience periodic difficultie s
with obtaining a quorum for meetings and voting .
ATTACHMENT S
1.Proposed Tree Ordinance and Bylaw Revisions - Legislative Draft
2.Proposed Tree Ordinanc e
3.Proposed Tree Committee Bylaws Resolutio n
4.Tree Committee Minutes (6/25/12 )
tWounol agenda repoRa\203201304-16Wee or d..& bylawreston (gngsbymmbs)4pt tee oN-0NawS0 .
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ATTACHMENT 1
TREE COMMITTEE AND TREE ORDINANCE REVISION S
LEGISLATIVE DRAFT S
Chapter 12 .24.020 Tree Committee, of the Tree Regulations is amended as follows :
12 .24 .020 Tree committee .
A.The tree committee shall act as an advisory body to the director and the cit y
council on all matters related to trees in San Luis Obispo .
B.The tree committee challhave five members who shall Gerv c four y ar terms,
which shall bestaggered. membership shall be governed by Tree Committee Bylaws .
12 .24 .170 Enforcement .
The public works department shall be responsible for enforcement of this chapter.
A.Any person deemed responsible for damaging a tree,failing to plant trees require d
as a condition of a tree removal or other permit,or removing a tree without a permit as describe d
in this chapter shall be liable for civil penalties to the city .
Article 2 .Committee Membership, of the Tree Committee Bylaws is amended as follows :
ARTICLE 2 .COMMITTEE MEMBERSHI P
The Tree Committee shall have five seven members and shall consist of one (1) representativ e
from the Parks and Recreation Commission, one (1) representative from the Architectura l
Review Commission, and three five (35) members from the general public (one of whom shall b e
a horticultural expert). Members must be residents and registered voters of the City .
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ATTACHMENT 2
ORDINANCE NO .(2013 Series )
AN ORDINANCE OF THE CITY OF SAN LUIS OBISP O
AMENDING THE TREE ORDINANC E
WHEREAS, the City values the advice and service of the Tree Committee to ensur e
thoughtful management and oversight of the City's urban forest ; an d
WHEREAS, the Tree Committee has requested an increase in membership to facilitat e
timely service to the public in decision making on applications for tree removals ; an d
WHEREAS, clarification is needed to ensure effective enforcement of removal permi t
conditions to plant replacement trees .
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Lui s
Obispo as follows :
SECTION 1 . Chapter 12 .24 .020 Tree Committee, of the Tree Regulations of the Sa n
Luis Obispo Municipal Code is hereby amended to read as follows :
12 .24 .020 Tree committee .
A.The free committee shall act as an advisory body to the director and the cit y
council on all matters related to frees in San Luis Obispo .
B.The tree committee membership shall be governed by Tree Committee Bylaws, as
approved by the Council .
SECTION 2 . Chapter 12 .24 .070 Enforcement, of the Tree Regulations of the San Lui s
Obispo Municipal Code is hereby amended to read as follows :
12 .24.170 Enforcement .
The public works department shall be responsible for enforcement of this chapter .
A. Any person deemed responsible for damaging a tree, failing to plant trees require d
as a condition of a tree removal or other permit, or removing a tree without a permit as describe d
in this chapter shall be liable for civil penalties to the city .
(1)The civil penalties shall be the value of the tree times two, plus all staff cost s
related to the illegal tree removal or tree damage . The city arborist will compute the value of th e
tree using methods established by the International Society of Arboriculture .
(2)The property owner shall also be held responsible for damaging or removing a
tree on the owner's property without a permit as described in this chapter and be liable for
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ATTACHMENT 2
additional civil penalties to the city as described above 12 .24 .170A(1).
(3)If the tree removal or damaged tree is related to any development or subdivisio n
then the civil penalties shall be the value of the tree times four, plus all related staff costs .
(4)In addition to civil penalties the property owner will be required to plant up t o
three trees under the direction of the city arborist . The size of the tree shall be determined by th e
city arborist and may be up to a 48" box free .
(5)For damaged trees, in addition to civil penalties, the property owner will be require d
to obtain the services of an ISA certified arborist to determine the future viability of the tree an d
if salvageable, create a maintenance plan to restore the tree .
(6)The city council may adopt, by resolution, alternate civil damage amounts to b e
assessed against any person deemed responsible for damaging, harming or removing a tre e
without a permit .
SECTION 3 . A summary of this ordinance, together with the names of Counci l
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City . This ordinance shall go int o
effect at the expiration of thirty (30) days after its final passage .
•INTRODUCED on the 16`h day of April 2013,AND FINALLY ADOPTED by th e
Council of the City of San Luis Obispo on the day of 2013, on th e
following vote :
AYES :
NOES :
ABSENT :
Mayor Jan Marx
ATTEST :
Maeve Kennedy Grime s
City Clerk
APPROVED AS TO FORM :
J . Christine Dietric k
J . Christine Dietric k
City Attorney
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ATTACHMENT 3
RESOLUTION NO .(2013 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O
AMENDING THE TREE COMMITTEE BYLAW S
WHEREAS, the City values the advice and service of the Tree Committee t o
ensure thoughtful management and oversight of the City's urban forest ; and
WHEREAS, the Tree Committee has requested an increase in membership to facilitate
timely service to the public in decision making on applications for tree removals .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo as follows :
SECTION 1 . Article 2 . Committee Membership, is amended to read as follows :
ARTICLE 2 .COMMITTEE MEMBERSHI P
The Tree Committee shall have seven members and shall consist of one (1) representative fro m
the Parks and Recreation Commission, one (1) representative from the Architectural Revie w
Commission, and five (5) members from the general public (one of whom shall be a horticultura l
expert). Members must be residents and registered voters of the City .
Upon motion of , seconded by
and on the following vote:
AYES :
NOES :
ABSENT :
The foregoing resolution was adopted this day of 2013 .
Mayor Jan Mar x
ATTEST :
Maeve Kennedy Grime s
City Clerk
APPROVED AS TO FORM :
J . Christine Dietric k
J . Christine Dietric k
City Attorney
R
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ATTACHMENT 4-1
TREE COMMITTEE MEETING MINUTE S
MONDAY, JUNE 25, 201 2
Corporation Yard Conference Roo m
25 Prado Road, San Luis Obispo
MEMBERS PRESENT : David Hensinger, David Savory, Suzan Ehdaie, Be n
Parker and Matt Ritte r
STAFF PRESENT :
Ron Comb s
PUBLIC COMMENT
There was no public comment .
MINUTES : Approval of Minutes of May 29, 201 2
Mr . Hensinger moved to approve the minutes as submitted .
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Mr . Parker seconded the motion .
The motion passed unanimously .
TREE REMOVAL APPLICATION S
1.
1755 Portola (Aleppo pine )
2.
1853 Lima (Elm )
Mr . Combs stated he could not approve the removal requests, based on his criteria .
There was no one to speak to either item .
Mr. Ritter moved to approve both removal requests, based on promoting goo d
arboricultural practice, and required each property to plant one 15-gallo n
replacement tree to be chosen from the Master Street Tree list and planted withi n
45 days of tree removals .
Mr. Parker seconded the motion .
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The motion passed unanimously .
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ATTACHMENT 4-2
Ms . Ehdaie seconded the motion .
The motion passed unanimously .
NEW BUSINES S
1.
Change to removal applicatio n
The Committee agreed the permit application should be updated to require "tree s
be wrapped with a ring/collar of duct tape ."
Mr . Hensinger moved to revise the removal application accordingly .
Mr. Ritter seconded the motion .
The motion passed unanimously .
2.
Revise By-Law s
Mr . Ritter moved to revise Article 2 the by-laws to allow for "five members of th e
general public to comprise the total seven-member Committee ."
Mr . Parker seconded the motion .
The motion passed unanimously .
Mr . Ritter asked staff to make a similar revision to the Municipal Code .
OLD BUSINES S
The Committee discussed again the desire to incorporate the Consent Agend a
aspect into upcoming meetings and the process to do so . Staff agreed to include a
Consent Agenda accordingly in the next meeting's agenda .
ARBORIST REPOR T
Mr. Combs reported that he met with the Mill St . residents regarding the
upcoming trimming, removal, replacement, and bulb-out work needed on Mill St .
The meeting adjourned at 6 :30 p .m . to next regular meeting, scheduled for 5 p .m.
on Monday, July 23, 2012 .
Respectfully submitted ,
Lisa Woske, Recording Secretary
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