HomeMy WebLinkAbout05-07-2013 c2 second reading tree ordinancel'counctL
âqenòâ RepoRt
Meet¡ng Date
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Iteh Nuhber
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FROM:
Prepared By:
CITY OF SAN LUIS OBISPO
Daryl Grigsby, Director of Public Works
Barbara Lynch, Deputy Director of Public Works
SUBJECT: FINAL ADOPTION OF TREE ORDINANCE
RECOMMENDATION
Adopt Ordinance No. 10435, replacing sections 12.24.020 and 12.24.070 of the Municipal Code.
DISCUSSION
On April 16, the City Council voted 4 to 0 to introduce Ordinance 10435, replacing sections
12.24.020 and12.24.070 of the Municipal Code.
A summary of Ordinance No. T0435 has been published in the local newspaper as follows
TREE ORDINANCE REVISION SUMMARY
Chapter 12.24 of the Tree Regulations is amended to provide for the Committee Bylaws to
establish the number of members and Committee makeup. The Regulations are further
amended to include the requirement for replanting as a condition of a tree removal permit.
The ordinance is now ready for adoption and will become effective 30 days after the date of its final
passage.
ATTACHMENTS
1. Tree Ordinance Revisions - Legislative Draft
2. Ordinance No. 10435
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ATTACHMENT 1
TREE ORDINANCE REVISIONS
LEGISLATIVE DRAFT
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 city
council on all matters related to trees in San Luis Obispo.
B. The tree committee
@membershipshallbegovernedbyTreeCommitteeBylaws.
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 required
as a condition of atree removal or other permit. or removing a tree without a permit as described
in this chapter shall be liable for civil penalties to the city.
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ATTACHMENT 2
ORDINANCE NO. 10435 (2013 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE TREE ORDINANCE
WHEREAS, the City values the advice and service of the Tree Committee to 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; and
\ryHEREAS, clarification is needed to ensure effective enforcement of removal permit
conditions to plant replacement trees.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Chapter 12.24.020 Tree Committee, of the Tree Regulations of the San
Luis Obispo Municipal Code is hereby amended to read as follows:
12.24.020 Tree committee.
A. The tree committee shall act as an advisory body to the director and the city
council on all matters related to trees 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 Luis
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 required
as a condition of a tree removal or other permit, or removing a tree without a permit as described
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 costs
related to the illegal tree removal or tree damage. The city arborist will compute the value of the
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 I2.24.110A(l).
(3) If the tree removal or damaged tree is related to any development or subdivision
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 to
three trees under the direction of the city arborist. The size of the tree shall be determined by the
city arborist and may be up to a 48" box tree.
(5) For damaged trees, in addition to civil penalties, the property owner will be required
to obtain the services of an ISA certified arborist to determine the future viability of the tree and
if salvageable, create a maintenance plan to restore the tree.
(6) The city council may adopt, by resolution, alternate civil damage amounts to be
assessed against any person deemed responsible for damaging, harming or removing a tree
without a permit.
SECTION 3. Ordinance number 1544 (2010 Series) is hereby amended and superseded
to the extent inconsistent herewith.
SECTION 4. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least frve (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 16th day of April 2013, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the
following vote:
day of 2013, on the
AYES:
NOES:
ABSENT:
Mayor Jan Marx
ATTEST:
Maeve Kennedy Grimes
City Clerk
APPROVED AS TO FORM:
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J. Christine Dietrick
City Attorney
ATTACHMENT 2
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blank.
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MAY 0 7 2013
RK
R iVED
TTYcounctl memoRânò
I|l[.ay 3,2013
TO:
FROM:
VIA:
AGENDA
OOHRESPONDENCE
City Council
Daryl Grigsby, Public Works
Katie Lichtig, City Manager
SUBJECT: 5l7ll3 Agenda ltemC2 - Final Tree Ordinance
The incorrect number \ryas inadvertently provided for the tree ordinance. The correct ordinance
number for both the report and the draft ordinance is Ordinance 1589, not 10435 as shown.
t:\æuncil agenda reports\2o1 3\201 3-05-0?\second rcading tree ordinance (grigsby-combs)Vedfile - ord number doox