The protected tree(s) removal permit applications for protected trees sought to be removed for development shall be considered by the body given the authority to render the initial decision of said discretionary development approval. In the event a protected tree is to be removed as a consequence of a building permit issuance, the hearing body shall be the planning commission.
A. Notice and hearing. A public hearing shall be required on that portion of a protected tree(s) removal application requesting removal of any protected tree(s) notice of the hearing shall be given in the manner specified in Section 17.10.050 of this code. This notice may be consolidated with any notice of public hearing required in conjunction with other aspects of the development approval.
B. Findings. In approving any protected tree(s) removal permit, the reviewing body, through its site and landscaping plan review, shall endeavor to preserve all protected tree(s) to the extent possible. The reviewing body may approve a protected tree removal permit for the removal of a protected tree(s) only if it finds that the burden to the applicant in preserving the protected tree(s) greatly outweighs the benefit to the public and that preserving the protected tree(s) would severely reduce the scale or feasibility of the development. In making the foregoing determinations, the reviewing body shall consider such factors as the following:
1. The species, size, age, condition and value of the protected tree.
2. Whether the protected tree has particular historical or heritage value.
3. The visibility and value of the protected tree to the neighborhood and the public.
4. The contribution of the protected tree to the character of the site and the neighborhood.
5. Whether the development provides a public benefit.
6. The extent of hardship to the applicant in constructing the development using a different design, size or on-site location.
7. Whether measures short of removing the protected tree can be employed consistent with the development.
C. Conditions.
1. In approving the protected tree(s) removal permit, the reviewing body may impose conditions for the purpose of protecting any protected tree(s) which are to remain or to otherwise ensure compliance with the intent and purpose of this chapter. The conditions will be in addition to those set forth in Sections 17.96.080.B and 17.96.070.A.
2. If the reviewing body approves the removal of any protected tree(s), the reviewing body may require as a condition of approval that the applicant either:
a. Plant trees as part of the development over and above the landscaping that would otherwise be required at a value equal to the value of the protected tree(s) that will be removed; or
b. Pay an in-lieu fee to the city in an amount equal to the value of the protected tree(s) that will be removed.
c. The Planning Commission may impose any other condition they determine appropriate for the tree removal request.
3. As used in division a., the Community Development Director shall determine the amount of “landscaping that would otherwise be required” based on the standards stipulated in the Zoning Code. The value of the protected tree(s) that will be removed shall be determined by the value of each protected tree(s) to be removed as shown on the appraisal provided with the application pursuant to this Section 17.96.050.B. Any in-lieu fees collected by the city pursuant to this section shall be used only for the installation or replacement of trees in city parks or open space or other areas of benefit to the city.
4. A copy of the decision and findings shall be mailed by the secretary of the decision-making body acting on the application to the applicant and to such other persons as shall so request in writing. A copy shall also be kept on file in the Community Development Department.
D. Removal authorized. Approval of the protected tree(s) removal plan indicating which, if any, protected tree(s) can be removed shall be used by the Community Development Director to issue a protected tree(s) removal permit for the purpose of this chapter. The tree removal permit, if granted, shall entitle the applicant to remove only the protected tree(s) stated in the plan.
E. Appeal. Any person may appeal the actions of the Planning Commission to the City Council by filing an appeal with the City Clerk pursuant to the procedures set forth for a public hearing as provided in Section 17.40.030.C. (Ord. 2010-02 § 1 (part), 2010)