2010 JANUARY - Laserfiche WebLink

449 17.16.009 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 or consulting arborist" means an arborist who is registered with the International Society of Arboricul- ture and approved by the director. E. "Applicant" means a property owner requesting permission to remove a tree on improved property. 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 lo, pruning, and leaf removal and minor damage to paving shall not be considered when making a determination of significant impact. (Ord. 2000 § 1, 2009; Ord. 1737 § 1, 1998) 17.16.009 Exceptions. The provisions of this chapter shall not apply to fruit or nut trees when part of an orchard, the produce of which is used for commercial purposes. (Ord. 1737 § 1, 1998) 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 of the International Society of Arboriculture, Tree Pruning Guidelines, current edition. Prun- ing which, in the opinion of the director, varies from these guidelines shall be subject to tines and penalties as provided in Section 17.16.1 10 of this chapter. (Ord. 1737 § I, 1998) 17.16.020 Permit — Procedure. A. Except as provided in Section 17.16.050 of this chapter, any person desiring to remove any heritage tree in the city shall make application to the director. Said application shall contain the number, species, size and location of heritage trees to be removed and a brief statement of the reason for removal as well as any other pertinent infor- mation the director may require. The permit, if granted, shall entitle the applicant to remove only those heritage trees designated by permit. 13. The director shall visit and inspect the property, the heritage tree or trees in question, and the surrounding area and shall ascertain the following: 1. The condition of the heritage tree with respect to disease, general health, damage, public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility service and whether or not the heritage tree acts as host for a plant which is parasitic to another species of tree which is in danger of being exterminated by the parasite; 2. Whether the tree has a significant impact on the property; 3. The necessity to remove any heritage tree in order to construct any proposed improvements to allow for the economic enjoyment of the property; 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; (Pleasanton Stipp, No, 3, I -10)