O 606ORDINANCE NO. 606
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING PORTIONS OF CHAPTER
12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL
CODE RELATING TO THE COMMUNITY TREE PROGRAM
WHEREAS, it is in the best interest of the City, the public, and the environment to have a
comprehensive community tree program that promotes the preservation, the maintenance, and the
regeneration of all trees; and
WHEREAS, on September 11, 2008, the Parks and Recreation Commission reviewed and
considered the information presented and recommends approval of the proposed amendments
to the Arroyo Grande Municipal Code relating to the community tree program.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as
follows:
The above recitals and findings are true and correct.
2. Arroyo Grande Municipal Code Section 12.16.050. B. is hereby amended as follows:
12.16.050 -Privately owned trees affecting public right-of--way.
B. No person shall permit branches of trees, or shrubs to extend within nine
(9) feet from the ground over any portion of the sidewalk area, or within *")
fourteen (14) feet from the ground over any portion of residential street abutting the
property on which the tree is growing, or within fourteen (14) feet on streets designated
as truck routes.
3. Arroyo Grande Municipal Code Section 12.16.070.G. is hereby amended as follows:
12.16.070. Tree removal in residential, mixed use or commercial zones.
G. Appeals. Appeals regarding decisions on deaiale#tree removal permits
by the Director are to be submitted in writing to the Parks and Recreation Commission
within fourteen (14) days of the Director's decision. Actions of the Parks and Recreation
Commission are final unless appealed to the City Council.
4. Arroyo Grande Municipal Code Section 12.16.020 (Definitions) is amended to repeal in its
entirety the following definition:
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ORDINANCE NO. 606
PAGE 2
5. If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or
any part thereof is for any reason held to be unlawful, such decision shall not affect the
validity of the remaining portion of this Ordinance or any part thereof. The City Council
hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, or clause thereof, irrespective of the fact that any one or more
section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
6. A summary of this Ordinance shall be published in a newspaper published and circulated
in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at
which the proposed Ordinance is to be adopted. A certified copy of the full text of the
proposed Ordinance shall be posted in the office of the Director of Administrative
Services/City Clerk. Within fifteen (15) days after adoption of the Ordinance, the
summary with the names of those City Council Members voting for and against the
Ordinance shall be published again, and the Director of Administrative Services/City
Clerk shall post a certified copy of the full text of such adopted Ordinance.
7. This Ordinance shall take effect thirty (30) days after its adoption
On motion by Council Member Guthrie, seconded by Council MemberArnold, and by the following
roll call vote to wit:
AYES: Council Members Guthrie, Arnold, Fellows, and Mayor Ferrara
NOES: None
ABSENT: Costello
the foregoing Ordinance was adopted this 28"' day of October 2008.
ORDINANCE NO. (~~~
PAGE 3
TONY FER~ ,MAYOR
ATTE(ST~:
KELLY WET OR CITY CLERK
APPROVED AS TO CONTENT:
~'
SEEN ,-CITY MANAGER
APPROVED AS TO FORM:
~---
TIM THY J. C MEL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 606 which was
introduced at a regular meeting of the City Council on October 14, 2008; was
passed and adopted at a regular meeting of the City Council of the City of Arroyo
Grande on the 28~' day of October 2008; and was duly published in accordance
with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29`n
day of October 2008.
C~..
KELLY ET RE, CITY CLERK