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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: nnr.rfM fnr rn n'L~finnc. {n 4hn nih. nn. ~nnB " 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