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required to be preserved, or$25,000.00,whichever is less. The cash, bond or other security shall be retained for a period of one year following acceptance of the public improvements for the development and shall be forfeited in an amount equal to $5,000.00 per tree as a civil penalty in the event that a tree or trees required to be preserved are removed, destroyed or disfigured. D.An applicant with a proposed development which requires underground utilities shall avoid the installation of said utilities within the dripline of existing trees whenever possible. In the event that this is unavoidable, all trenching shall be done by hand,taking extreme caution to avoid damage to the root structure. Work within the dripline of existing trees shall be supervised at all times by a certified consulting arborist. E. Any decision by a city reviewing body under this section may be appealed pursuant to Chapter 18.144. 17.16.070 Protection of existing trees. All persons shall comply with the following precautions: A.Prior to the commencement of construction, install a sturdy fence at the dripline of any tree which will be affected by the construction and prohibit any storage of construction materials or other materials inside the fence. The dripline shall not be altered in any way so as to increase the encroachment of the construction. B.Prohibit excavation, grading, drainage and leveling within the dripline of the tree unless approved by the director. C.Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials within the dripline or in drainage channels, swales or areas that may lead to the dripline. D.Prohibit the attachment of wires, signs and ropes to any heritage tree. E. Design utility services and irrigation lines to be located outside of the dripline when feasible. F. Retain the services of a certified consulting arborist for periodic monitoring of the project site and the health of those trees to be preserved. The certified consulting arborist shall be present whenever activities occur which pose a potential threat to the health of the trees to be preserved (for example, when work occurs within the dripline of trees to be preserved). G.The director shall be notified of any damage that occurs to a tree during construction so that proper treatment may be administered. 17.16.080 Pruning and maintenance. All pruning of heritage trees shall be performed by in accordance with International Society of Arboriculture pruning guidelines and shall comply with the guidelines established by the International Society of Arboriculture, Best Management Practices, Tree Pruning, current edition and any special conditions as determined by the director. For developments which require a tree report,a certified consulting arborist shall be in reasonable charge of overseeing all activities involving heritage trees. In Chapter 18.124 CONDITIONAL USES, §18.124.070, §18.124.240, and §18.124.270 are amended as follows: 18.124.070 Findings. The city planning commission shall make the following findings before granting a use permit: A. That the proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purposes of the district in which the site is located; B. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity; 9