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

17.16.043 (Pleasanton Supp. No. 29, 1-23) 452 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 ap- peal, 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 ap- peals on any such appeal shall be final and conclusive. (Ord. 2165 § 1, 2017; Ord. 2019 § 1, 2011; Ord. 1737 § 1, 1998) 17.16.043 Heritage tree board of appeals—Established. There is created and established a board of appeals consisting of three members, two planning commissioners and one park and recreation commissioner appointed by their respective commissions. The board shall elect a chairperson. The director shall be an ex officio member of said board and shall serve as secretary. The board shall adopt reasonable rules and regulations for conducting its business. (Ord. 1737 § 1, 1998) 17.16.046 Heritage tree board of appeals—Duties. The board of appeals shall: A. Hold a hearing within 60 days after the city’s receipt of appeal, to hear such testimony by any department of the city, the applicant who filed the appeal, or any interested party. B. Make a decision at the hearing (unless the hearing is continued) upholding, reversing or modifying the director’s decision. The decision of the board shall be final. (Ord. 2179 § 2, 2018; Ord. 2019 § 1, 2011; Ord. 1737 § 1, 1998) 17.16.050 New property development. A. Any person desiring to remove one or more trees on any property in the city which is related to the development of such property requiring city approval or where any tree may be affected by a proposed development shall in- clude in the application to the appropriate city reviewing body as part of the regular application, the following: 1. Depending on the scope of the development, the director may require the applicant to provide a tree survey plan, including all trees which will be affected by the new development. The survey, noting all trees six inches in diameter and greater, shall specify the precise location of trunk and dripline, size, health and spe- cies of all existing trees on the property with a special notation of those classified as a heritage tree; 2. Depending on the scope of the development, the director may require the applicant to provide a tree report by a certified consulting arborist. The tree report, based on the findings of the tree survey plan and other necessary information, shall be used to determine the health of existing trees, the effects of the proposed development upon the trees, recommendations for any special precautions necessary for their preservation and shall also indicate which trees are proposed for removal; a. The director may require that the tree report include an appraisal of the condition and replacement value of all trees affected by the development. The appraisal of each tree shall recognize the location of the tree in the proposed development. The appraisal shall be performed in accordance with the cur- rent edition of the “Guide for Plant Appraisal” under the auspices of the International Society of Ar- boriculture. The appraisal shall be performed at the applicant’s expense, and the appraiser shall be subject to the director’s approval; 3. The tree survey plan and tree report (if any) shall be forwarded to the director, who shall indicate in writing which trees are recommended for preservation using the same standards set forth in Section 17.16.020 of this chapter. This report shall be made part of the staff report to the city reviewing body upon its considera- tion of the application for new property development; 4. The city reviewing body through its site and landscaping plan review shall endeavor to preserve all trees recommended for preservation by the director. The city reviewing body may determine that any of the trees