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The following are exempt from the provisions of this subchapter:
(A) Emergency situation. Cases of emergency where the Planning Director or designee or any member of a law enforcement agency or the Fire Department, in the performance of his or her duties, determines that a tree poses an imminent threat to the public safety or general welfare. If conditions and circumstances permit, the public official shall consult with the Public Works Director, or designee, prior to ordering the removal of any mature tree.
(B) City Engineer. Removal or relocation of trees necessary to obtain adequate line-of-sight distances as required by the City Traffic Engineer.
(C) Public improvement damage. Removal of trees from within public right-of-way, which in the opinion of the Director of Public Works, or his or her designee, will cause serious damage to existing public improvements.
(D) Public utility. A public utility, regulated by the California Public Utilities Commission, is exempt from the requirements of this subchapter.
(E) Trees for sale. Trees planted, grown or held for sale by a private individual or nursery.
(F) Pruning and trimming. Pruning or trimming which does not endanger the life of the tree.
('81 Code, § 17.56.060) (Ord. 954, passed - -92)
No person shall injure, deface or scar any native oak, sycamore, heritage or historic tree, or other mature trees.
('81 Code, § 17.56.070) (Ord. 954, passed - -92) Penalty, see § 156.999
The City Council may, from time to time, by resolution, issue procedures to provide for the administration and implementation of this subchapter, including the establishment of fees to provide for processing of applications. The city shall have the right to review, approve conditionally, or deny any application submitted to it under the procedures contained herein or established by resolution of the City Council.
('81 Code, § 17.56.080) (Ord. 954, passed - -92)
Decisions relating to proposals for urban development and single parcels which are made by the Planning Director may be appealed to the Planning Commission. Decisions regarding trees on public property which are made by the Public Works Director may be appealed to the City Council.
('81 Code, § 17.56.100) (Ord. 954, passed - -92)
Nothing in this subchapter shall be deemed to impose any liability or duty upon the city or upon any of its officers, employees or agents, nor to relieve the owner and occupant of any private property from the duty to keep native oak and sycamore trees, heritage or historic trees, or other mature trees upon such property or under his control, in a safe condition.
('81 Code, § 17.56.110) (Ord. 954, passed - -92)
ADULT ENTERTAINMENT ESTABLISHMENTS
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