1999 MAY - Laserfiche WebLink

17.16.030 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 dan- gerous or hazardous condition as to threaten or endanger the safety of peo- ple, 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 ques- tion 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 determina- tion giving the reason for the application's approval or denial. (Ord. 1737 § 1, 1998) 17.16.040 Appeal: A. The Director's decision may be appealed. Such appeal must be submit- ted in writing to the City Clerk within twenty (20) days of the decision, shall briefly state facts and the grounds of the appeal and be signed by the appel- lant. B. Any appeal concerning property with four (4) or fewer residential units on the subject property, not concerning new development, shall be heard by the Heritage Tree Board of Appeals. All other appeals shall be heard by the City Council. C. The City Clerk shall set a date for hearing before the appropriate appellate body and shall notify all interested parties. The Director shall submit a report to the appropriate appellate body, along with any departmental recommen- dations. D. The appellate body shall conduct a hearing on the appeal. Following the hearing of any such appeal, the appel- late body 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 appellate body on any such appeal shall be final and conclu- sive. (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 (3) members, two (2) Planning Com- missioners and one Park and Recreation Commissioner appointed by their re- spective 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 regula- tions for conducting its business. (Ord. 1737 § 1, 1998) (Pleasanton 5-99) 438-4