PLE-2023-01-supp-29-zoning - Laserfiche WebLink

17.16.025 451 (Pleasanton Supp. No. 29, 1-23) 4. The number of existing trees in the neighborhood or area on improved property and the effect removal would have upon the public health, safety, general welfare of residents and upon the property value and beauty of the area; 5. The topography of the land upon which the heritage tree or trees are situated and the effect of removal thereof upon erosion, soil retention and diversion or flow of surface waters; 6. Good forestry practices, i.e., the number of healthy trees that a given parcel of land will support. C. The director may grant a permit for removal of heritage tree(s) if director determines the criteria of subsection B.1, 3, 4, 5 or 6, above, are satisfied. As a condition of granting a permit for removal, the director may require that the applicant: plant appropriate replacement tree(s); and irrigate for establishment of such tree(s). The direc- tor may require that the replacement tree(s) is climate adapted and may offer the applicant options on the species of such replacement tree(s) and shall determine the size of the tree(s) and the timeline for planting the tree(s). Fi- nally, the director may refer the application to any city department or commission for review and recommenda- tion. (Ord. 2216 § 2, 2021; Ord. 2192 § 2, 2019; Ord. 1737 § 1, 1998) 17.16.025 Significant impact—Heritage tree board of appeals hearing. A. Where the applicant applies to remove a heritage tree on grounds that it has a significant impact on the property as provided in Section 17.16.020(B)(2), the heritage tree board of appeals shall conduct a hearing. The hearing shall be set not less than 15 days and not more than 60 days from the date the application is filed. B. The city clerk shall set a date for hearing and shall notify all interested parties and property owners within 300 feet of the property on which the tree(s) at issue are located. The director shall submit a report to the heritage tree board of appeals, along with any departmental recommendations. C. The heritage tree board of appeals shall conduct a hearing on the application. Following the hearing of any such application, the heritage tree board of appeals may approve the application, with or without conditions, or may deny the application. The action of the heritage tree board of appeals on any such application shall be final and conclusive. (Ord. 2192 § 2, 2019; Ord. 2019 § 1, 2011; Ord. 1737 § 1, 1998) 17.16.030 Action by director—Findings. A. The director shall issue a permit to remove a heritage tree or trees if it is determined that one of the following conditions exists: 1. The heritage tree is in such a dangerous or hazardous condition as to threaten or endanger the safety of people, structures, other property or other heritage trees; 2. The heritage tree has a significant impact on the property; 3. The heritage tree is dead, dying or diseased and good forestry practices cannot be reasonably undertaken to preserve the tree; or 4. Where the heritage tree in question is not diseased or hazardous, the removal of the tree is consistent with the purpose and intent of this chapter and in keeping with the health, safety and general welfare of the community. B. The director shall notify the applicant in writing of the determination giving the reason for the application’s ap- proval or denial. (Ord. 1737 § 1, 1998) 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 ap- plicant. 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.