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<br /> <br /> <br />17.16.040 Appeals <br />A. The Director’s decision to deny an application to remove a Protected Tree may be <br />appealed only by the Applicant. Such appeal must be signed by the Applicant and submitted in <br />writing to the City Clerk within 20 days of the date of the Director’s written decision and shall <br />briefly state the basis for appeal and relevant facts supporting the appeal. <br />B. The cost of the appeal shall be the same as the cost to appeal a Planning Division <br />decision as listed in the current City of Pleasanton Master Fee Schedule and shall be refunded if <br />the appeal is successful. <br />C. Appeals shall be heard by the Protected Tree Board of Appeals. <br />D. The Director shall set a date for the hearing and shall mail notice of the hearing to the <br />Applicant and all properties within 300 feet of the Applicant’s property. The Director shall <br />submit a report to the Protected Tree Board of Appeals along with any recommendations. <br />17.16.045 Protected Tree Board of Appeals <br />A. The Protected Tree Board of Appeals (Board) shall consist of two planning commissioners, <br />and one parks and recreation commissioner (which are appointed by their respective <br />commissions to serve on the Board). Every year, the Board shall select a chairperson from <br />among the three commissioners. The Director shall be an ex officio member of said Board and <br />shall serve as secretary. <br />B. The Board shall: <br />1. Hold a hearing within 60 days after the city’s receipt of appeal (or later if agreed to by <br />the Director and the Applicant) to hear information from any department of the city, the <br />Applicant who filed the appeal, and any interested parties. <br />2. The Board shall consider all information presented and shall make a decision at the <br />hearing (unless the hearing is continued) upholding, reversing, or modifying the Director’s <br />decision, or by taking any action which is consistent with this Chapter. The decision of the <br />Board on any such appeal shall be final and conclusive. <br />17.16.050 New property development. <br />A. This section is intended to apply to major development such as land development for new <br />housing or commercial projects, and modifications to existing commercial property. Any person <br />desiring to remove one or more trees (including trees that are not Protected Trees) on any <br />property in the city that is related to the development of such property requiring city approval or <br />where any tree may be affected by a proposed development shall include in the application to the <br />appropriate city reviewing body as part of the regular application, the following: <br />1. Depending on the scope of the development, the Director may require the Applicant to <br />provide a tree survey plan that includes all trees that may be affected by the new <br />Page 113 of 126