ORD 2165 - Laserfiche WebLink

E. "Downtown" is defined as the area within the Downtown Specific Plan. In Chapter 17.16 TREE PRESERVATION, §17.16.006, §17.16.010, §17.16.040, §17.16.050, §17.16.070, and §17.16.080 are amended as follows: 17.16.006 Definitions. For the purpose of this chapter, certain words and terms used in this chapter are defined as follows: A."Heritage tree"means a tree of any species or origin which meets any of the following: 1. Any single-trunked tree with a circumference of 55 inches or more measured four and one-half feet above ground level; 2. Any multi-trunked tree of which the two largest trunks have a circumference of 55 inches or more measured four and one-half feet above ground level; 3. Any tree 35 feet or more in height; 4. Any tree of particular historical significance specifically designated by official action; 5. A stand of trees,the nature of which makes each dependent upon the other for survival or the area's natural beauty. B."Director"means the community development director or the director's designated representative. C."Topping"means heading back of the crown and/or creating large stubs without regard to form. D."Certified consulting arborist"means an arborist who is registered with the International Society of Arboriculture and approved by the director. E."Applicant"means the owner of improved property submitting an application to remove a heritage tree(s) located upon said property. Only the property owner may apply to remove a heritage tree(s)or appeal the director's decision. F. "Significant impact"means an unreasonable interference with the normal and intended use of the property. In determining whether there is a significant impact,the typical longevity of the subject tree species,as well as the size of the tree relative to the property, shall be considered.Normal maintenance, including, but not limited to, pruning, and leaf removal and minor damage to paving shall not be considered when making a determination of significant impact. 17.16.010 Permit—Required. A.No person shall remove, destroy or disfigure, any heritage tree growing within the city without a permit except as provided in this chapter. B.Normal maintenance pruning of heritage trees shall not require a permit but shall in all cases be in conformance with the guidelines in Section 17.16.080. Pruning which, in the reasonable opinion of the director,varies from these guidelines shall be subject to fines and penalties as provided in Section 17.16.110 of this chapter. 17.16.040 Appeals not involving new development. A. For decisions not involving new property development,the director's decision may be appealed only by the applicant. Such appeal must be submitted in writing to the city clerk within 20 days of the decision, and shall briefly state facts and the grounds of the appeal and be signed by the applicant filing the appeal. B. Appeals shall be heard by the heritage tree board of appeals. C.The city clerk shall set a date for hearing and shall notify all interested parties and property owners within 300 feet of the tree(s)at issue. The director shall submit a report to the heritage tree board of appeals,along with any departmental recommendations. D.The heritage tree board of appeals shall conduct a hearing on the appeal. Following the hearing of any such appeal,the heritage tree board of appeals may affirm, reverse or modify the action of the director and may take any action thereon which would have been authorized in the first instance. The action of the heritage tree board of appeals on any such appeal shall be final and conclusive. 7