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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 • • PHI-1 Tree Ordinance and Tree Committee Bylaw Revisions Page 2 • 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 . • • PH1-2 • • 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 . PH1-3 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 • • PH1-4 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 PH1-5 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 PH1-6 • • • 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 . • 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 . • The motion passed unanimously . PH1-7 • 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 PH1-8 • • •