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F. "Significant impact"means an unreasonable interference with the normal and intended use of <br /> the property. In determining whether there is a significant impact,the typical longevity of the subject <br /> tree species,as well as the size of the tree relative to the property, shall be considered.Normal <br /> maintenance, including, but not limited to, pruning, and leaf removal and minor damage to paving <br /> shall not be considered when making a determination of significant impact. <br /> 17.16.110 Fines and penalties. <br /> A.Any person who unlawfully removes or destroys a heritage tree shall pay a civil penalty in the <br /> amount of the appraised value of the tree, or other amount reasonably determined by the Director of <br /> Community Development. If there is inadequate plant material to properly appraise the tree,the <br /> penalty shall be$5,000.00,or other amount reasonably determined by the Director of Community <br /> Development. Any person who unlawfully disfigures a heritage tree whether through vandalism, <br /> improper pruning or other actions, shall pay a civil penalty commensurate with the damage; the <br /> amount shall be determined by the director in accordance with the"Guide for Plant Appraisal" <br /> under the auspices of the International Society of Arboriculture; or other amount reasonably <br /> determined by the Director of Community Development. The collection of the penalties may be <br /> enforced by civil action brought in the name of the city by the city attorney. <br /> B.The cost of replacement plant material may be considered as partial payment of any penalty under <br /> this chapter. <br /> Title 17 Planning and Related Matters <br /> Chapter 17.46 Dedications <br /> 17.46.010 Purpose. <br /> 17.46.020 Requirements. <br /> 17.46.030 General standard. <br /> 17.46.040 Formula for dedication of land. <br /> 17.46.050 Formula for fees in lieu of land dedication. <br /> 17.46.060 Criteria for requiring both dedication and fee. <br /> 17.46.070 Amount of fee in lieu of land dedication. <br /> 17.46.080 Determination of fair market value. <br /> 17.46.090 Credit for private open space. <br /> 17.46.100 Procedure. <br /> 17.46.110 Disposition of fees. <br /> 17.46.120 Exemptions. <br /> 17.46.130 Subdivider provided park and recreation improvements. <br /> 17.46.140 Access. <br /> 17.46.1.50 Sale of dedicated land. <br /> 17.46.020 Requirements. <br /> At the time of approval of the planned development, real estate development, stock cooperatives, <br /> community apartment project(hereinafter collectively referred to as"subdivisions"),tentative map or <br /> parcel map, the city council shall determine pursuant to Section 17.46.040 of this chapter the land <br /> required for dedication or in-lieu fee payment. As a condition of approval of a project, final subdivision <br /> map or parcel map,the developer or subdivider shall dedicate land,pay a fee in lieu thereof, or both, at <br /> the option of the city, for neighborhood and community park or recreational purposes at the time and <br /> according to the standards and formula contained in this chapter. <br /> 17.46.050 Formula for fees in lieu of land dedication. <br /> A. General Formula. If there is no park or recreation facility designated as "parks and <br /> recreation"on the general plan map or which is not in conformance with the general plan policies and to <br /> be located in whole or in part within the proposed subdivision or project to serve the immediate and future <br /> needs of the residents of the subdivision or project,the developer or subdivider shall, in lieu of dedicating <br /> 14 <br />