(A) The Planning Commission shall review all heritage trees nominations at a public meeting. Notice of the meeting shall be provided to the nominating applicant, the property owner (unless the nominated tree is located on public right-of-way under city or county jurisdiction), in which event notice shall be given to the City Manager or County Administrator.
(B) Staff shall prepare a report for the Planning Commission analyzing whether the tree complies with the requirements for designation.
(C) After considering the staff report and any testimony by interested persons, the Planning Commission shall vote on the nomination. The Planning Commission may designate a tree as a heritage tree if the Commission determines that the following criteria are met:
(1) The tree or stand of trees is of landmark importance due to age, size, species, horticultural quality or historic importance; and
(2) The tree is not irreparably damaged, diseased, hazardous or unsafe, or the applicant is willing to have the tree treated by an arborist and the treatment will alleviate the damage, disease or hazard.
(D) Following approval of the nomination by the Planning Commission:
(1) If the tree is located on private property, the designation shall be complete upon the property owner’s execution of a covenant running with the land suitable for recordation by the city. The covenant shall describe the subject property, generally describe the location of the heritage tree, and covenant that the tree is protected as a “heritage tree” by the city and is, therefore, subject to special protection as provided by this section; and
(2) If the tree is located on public right-of-way, the designation shall be complete upon the staff’s listing of the tree on the city heritage tree records.
(E) If the tree is located on the public right-of-way, the city or county, as appropriate, shall condition any future property owner-requested vacation of the public right-of-way upon the execution of a covenant in accordance with division (D) above, which shall be recorded by the city upon the vacation of the right-of-way.
(Prior Code, § 16.95.015)