CITY COUNCIL REGULAR MEETING AGENDA PACKET

Ordinance No. 2288 Page 7 of 12 17.16.040 Appeals A. The Director’s decision to deny an application to remove a Protected Tree may be appealed only by the Applicant. Such appeal must be signed by the Applicant and submitted in writing to the City Clerk within 20 days of the date of the Director’s written decision and shall briefly state the basis for appeal and relevant facts supporting the appeal. B. The cost of the appeal shall be the same as the cost to appeal a Planning Division decision as listed in the current City of Pleasanton Master Fee Schedule and shall be refunded if the appeal is successful. C. Appeals shall be heard by the Protected Tree Board of Appeals. D. The Director shall set a date for the hearing and shall mail notice of the hearing to the Applicant and all properties within 300 feet of the Applicant’s property. The Director shall submit a report to the Protected Tree Board of Appeals along with any recommendations. 17.16.045 Protected Tree Board of Appeals A. The Protected Tree Board of Appeals (Board) shall consist of two planning commissioners, and one parks and recreation commissioner (which are appointed by their respective commissions to serve on the Board). Every year, the Board shall select a chairperson from among the three commissioners. The Director shall be an ex officio member of said Board and shall serve as secretary. B. The Board shall: 1. Hold a hearing within 60 days after the city’s receipt of appeal (or later if agreed to by the Director and the Applicant) to hear information from any department of the city, the Applicant who filed the appeal, and any interested parties. 2. The Board shall consider all information presented and shall make a decision at the hearing (unless the hearing is continued) upholding, reversing, or modifying the Director’s decision, or by taking any action which is consistent with this Chapter. The decision of the Board on any such appeal shall be final and conclusive. 17.16.050 New property development. A. This section is intended to apply to major development such as land development for new housing or commercial projects, and modifications to existing commercial property. Any person desiring to remove one or more trees (including trees that are not Protected Trees) on any property in the city that is related to the development of such property requiring city approval or where any tree may be affected by a proposed development shall include 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 that includes all trees that may be affected by the new development. The survey, noting all trees 19 inches in circumference and greater, shall specify the precise Page 43 of 893