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