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O 431 C.S. . .' ~'~ ~.~'(' I . ..:_~ , '. . '~:. ' " OIIDINI\OCE N). ")1 C.S. fIN OfIDINJ\OCE 01: TIlE CITY' COUOCIL 01: TIlE CITY 01: MROYO GlWVE J\OOPTIt>X; A NEG'\TIVE . DEX:Ll\It1\1'ION Aro J\M.EN)IN:; OfIDINI\N:E ro. 333 C.S., WHICH FSrJ\BLISllED A (X)MpREllENSIVE CX)MMUNITY TREE PncGU\M - WHERFAS, the City Council of the City of I\r:royo Grwde has helo the requira:'! plblic hearing, at its regu1ur m:!eting of October 9, 1990, to conDider a propoGcd ordinunce that an~nds Ordinance No. 333 C.S., the Conprehensive Tree Program; and WnER~ , the proposed ordinance was reviewed, in compliance with the requirements of the Cu~ifornia Environmental Quality Act (CEQh); and the City Council finds that the project would result in no significant effect on the environment; and, therefore, the adoption of a Negative Declaration is 0 appropriate; and WllEREI\S, the proposed ordinance was found to be consistent with the General Plan; and WHERE1\S, after due study and deliberation, the City Council finds that the public interest and general welfare does require such an am:mc1nent. N:Hl, TllEREFORE, the City Council of the City of I\r:royo Grande does hereby ordain as follows: _SFX:TION 1: That Scct:ions 10-3.01 through 10-3.07 of the Municipal Code are hereby repealed in their entirety; and Sections 10-3.01 through 10-3.10 are added, to rcad in their entirety as follows: SFX:TION 2: , TITLE: OmPl'ER 3. CXJMMUNI'lY TREE PRCX:;Rl\M SC?c. 10-:1.Ol. Purnom~ . It is in the best interest of the City, the public, ana the environment to establish a comprehensive community tree program that promotes: (a) The preservation, the ma.iJ:ttenance, and regeneration of all trees; (b) A more beautiful and aesthetically pleasing cannunity; (c) Trees or groves of unique or histor ieal value and wildlife habitat; and (d) Educational programs that address the inportance of trees in the environment and their role in purifying the air, provioing shade, controlling erosion, ana maintaining the rural, small town atmosp,ere. Further, in order to implement the goals and objectives of the Parks and Recreation Element of the City of,l\r:royo Grande's General Plan, and to mitigate the 1013S of open space ana veget.ation caused by new developrrent in the City, the City Council has determined that a d,evelopnent inpact fee (or the inplelOOntation of a tree planting plan in lieu thereof) is needed in order to finance the planting of trees and to J?<:1Y for the develoJ;m(!nl:.' s fair share of the irrplelOOnta- I:.ion of these improvements. I This chupter C13tablishes policies, regulations, and specifimtions nece!:sary to govern installation, maintenance, and preservation of trees to acconplish the above stated purpose. Section 10-).02. Definitions. For the purpoS12 (,f this chapter, the following definitions shall apply: "Certifip.c"L...l\r:b.Q~ shall be one of the persons who has coopleted the requirC51lents of, and who appears on the approved list of, the Intcrnt\tionc.-u -, . *' 'I.. '. -,' ">~' . . . . ... 68'- ~or.ipty of ^rhoricu1turp.. W~~t~rn rhapt~r. Said list shall be available for review in the City Planning Department. "Ci.ty" neans the City of J\rroyo Crande. "Ci.~Col1nc~ means the City CoW\Cil of the City of Arroyo Crande. "Conili t: i onl"(l Trep" means any tree that is to be preserved and protected from ren~vul, destruction or loss as a requirement of a permit issued by a permit- granting authority. "~v('1of.rn("nt." means any project involving the issuance of permit for construction or reconstruction, other than interior reroodeling, but not a permit . . to operate. . "Di.rector" means the City Parks and Recreation Director or his/her duly appointed agent. "Drip1inp" means an imaginary vertical line running from the outenrost ... branches or portions of the tree crown to the ground. "T :milUlflrk Trpe" or "T,;mclm.'\rk Crove- Jreans existing tree (s) on public or private property that has been found to be a notable horticultural speci~n, or is of significant aesthetic, cultural or historical value, and is designated as such by resolution of the City Council, upon rccc::mrendation of the Planning C~I~~ssion br Parks and Recreation Commdssion of the City of Arroyo Crande. landnnrk tret:s may include street trees. "MO'l in t c>""nee" means pruning, spraying, ferti l12ing, staking, irrigating, treating for disease or injury, and other similar acts that prOlT()te the life, growth, health, or beauty of trees or throbs. "Owner" means an individual, firm, association, corporation, partnership, person and, the lessees, trustees, receivers, agents, servants, and CI1{310yees of any such person (s) . "PI" nlli t,-<J r I'nt.:i n9 author i t~ means that appropr iate individual or body designated by Municipal Code or state law to have the legal authority to issue the permit for which application was made. "P1.CInting f'MPmPnt." lOOMS an easement adjacent to public right-of-way obtained for the purpose of planting and maintaining street trees. "PIMning COlnni.ssio~ lOOans the Planning Cam\ission of the City of Arroyo Grande. "Pi'lrks and Recreation Coomi~sion. means the Parks and Recreation Commission of the City of Arroyo Crande. .Pftr~~ ~nd ""creation 'l're~ SUbconmit""". mans a subc:amlittee consisting J of three (3) menbers of the Parks and Recreation Comndssion, as appointed by the C\airperson of the, Parks and Recreation Carmission. "Publ ic pl<lcPs" lOOMS all properties owned by the City and public easements. - "Pllhli.c Ut:ility f'a~Pment~" means all sewer, drainage, and public utility casements. "Pllhl ic st.rpets" means all City public right-of-ways, including all public easements. "Street trpps" means any tree in any street, park, public place, or public easerrent. "f:l1bclivisi on" means any subdivision of property, including minor sub divisions. JJ . :..; '... ", I . ,. 1'.fT;\!~.~!.",,:.J.. 4J I. L:..;>. ,. I '_' .1 i "Tree removal" means the destruction or displacement of a tree or shrub by cutting, bulldozing, mechanical, chemical or other method, which results in a physical transportation of the tree from its site and/or daath of the tree. "Tree well" means an unsurfaced area provided within a paved or concrete sidewalk for the planting of a tree. "Tree" means any woody plant with a trunk diameter of four (4) inches or more when measured four (4) feet above grade, or nulti-trunk woody plant with main branches that total four (4) inches or rore wen measured four (4) feet above grade~ For the purpose of this ordinance, all QJercus (Oak) species are hereby declared to be trees at two (2) inches or rore in dianeter at grade. - "Tree Coordinator" means the City enployee ~o. is responsible for the City "Landmark Tree Program," merorial tree plantings, Arbor Day activities, education programs, issuing of tree removal permits, and coordination with citizens regarding tree matters. "UndcvcloQCd Property" means property that has been zoned to allow developnent, but which has not yet been developed. Sec. 10-].OJ. Street Tree n~irements. (a) ^ street tree shall be planted ~t the time of construction by every property owner, except for subdivisions, spaced no farther than SO feet apart along the street frontage of any building constructed. Interior remodeling permits and activity shall be exempt from street tree planting requirements. '111e Director shall specify specific locations along the frontage of the constructed building for street trees and shrubs on public streets and tree planting easements, and the species of tree shall be selected by the director from the master street tree list on file with the Parks and Recreation Department. Street trees shall be of a fir-teen-qallon-container size (or ..., greater) and cOl'lply with the standards set forth by the 1\merican Society of Nurserymen. (b) For property within commercial or industrial zoned districts in the City, the property owners, upon construction, shall provide tree planting wells within any paved or concrete sidewalk. Street trees shall be planted within these wells as outlined in Sec. 10-3.03(a), with the. addition of installing deep root barriers. (c) ^ fee, consistent with that established by the City Council for subdivision maps shall be irrposed by the director, if the property owner requests that the City plant the required tree(s) on his behalf. (d) All existing and proposed street trees shall be identified by the applicant on all construction and building plans and maps presented to the City. (0) No existing street tree shall be removed or replaced without written authorization of the Director or the Tree Coordinator. (f) It shall be the reS];XJf1sibility of the property owner to properly maintain all street tree planting areas upon his/her property, including any adjacent area that is public easement, regardless of Whether such property is developed. Such maintenance shall include irrigation and keeping such strips free from weeds or any obstructions deemed contrary to public safety and in conformance with the plan approved by the Director for the property involved. (g) 'nIe Director shall, at City expense, inspect and, When necessary, rerrove and/or replace street trees. - ~ " . . '/.U " . . .' 1 (h) 'llie Director may cause the' roots of young trees in the process of developll-cnt to be cut to prevent future sidewalk lifting. Roots on o1de r trees that have lifted sidewalks may be cut. Overhead linbs may be pruned or cut back to conij?eOsate for the lOGS of root area. (i) 'l'he Director may cause the removal of overhead linbs from any street tree, regardless of the location of' such street tree, if I in the Director's opinion, such removal is neceszary in the interest of public safety. (j) Nothing in this chapter mall be cleemed to relieve the OW'\er and occupant of any private property from the duty to keep hisjher private property, sidewalks, and planting strip in front of such private property in a safe condition and so as not to be hazardous to public trav~l. (k) \-l\enever a property owner desires to'have a street tree removed, he/she shall apply to the Director for a permit for such r~val. 'n\e Director may approve or deny such reqUest. If the Director finds the tree is in good " condition and the permit is granted solely for the convenience of the applicant, the full cost of such removal and replacesrent mall be borne by the applicant. (1) MY street tree damaged or destroyed by an individual shall be replaced through paYlOOnt by the person or persons causing such loss to the City. '1',e arnoW\t of such payment shall be the rcpiacclOOnt value of the tree, as determined by the Director, but in no event shall it be less than Cne Hundred Fifty Dollars ($150.00) per tree and shall be in addition to any cr.i.minal fine or penalty for Municipal Code violation. MY act intentionally damaging or destroying a street tree shall constitute a misdemeanor violation of this chapter. ~~. ]~. n~R{?OMihi lity for trcP--M1I1t19M'1 flidNi\lk~ nnd puhlic inprovprrents. (a) 'l'he Public Works Director may, from tin~ to time, prep1rc a list of particular street t.rees that h~ve created a prC!1ent and imediatc danger to pedestrian travel, by causing darni1ge to public iJ1-.?rovcments, sidewalks, or have interfered with drainage flow in gutters, or resulted in traffic hazards in adjacent streets. '!'he list shall be submitted to the Parks and Recreation Director (or comwent or revision. (b) }\fter agreement between the Parks and Recreation Director and the Public 1-lorks Director on necessary correctiOns, the Public WOrks Director shall order the repair or replacement of such damaged public inprovement. Prior to resooval of any street tree causing such damage, the adjacent property owner will be notified, in writing, by the Public WOrks Director. 'n\e Parks and Recreation Director shall order a new tree to be planted as a replacement tree, ...nen the sita is appr:oprista, as dol:orminod by the Director. J Spc. )0-1.0"\. PrivatpJ.y owned tre-l"~ afff.'Ctif\9 puhlic ri9ht-of way. (a) Trees on private property that have caused, or may cause, in the' ' judgement of the Public WOrks Director and the Parks and Recreation Director, damage to public in{:>rovements shall be root-trimned or the tree removed, and such . damage to public property shal~ be repaired by the owner of such tree. After fifteen (15) days' notice to correct said condition, the Parks and Recreation Director and/or Public WOrks Director may correct the condition and send a billing therefor, including a fifteen percent (15\) aaninistration fee, to the property owner. If the property owner fails to remit the payment, the charge of all costs of correction, including the administration fee, shall be charged as a tax lien upon the tree owner's property. 4 , '( 1- ,'. ," , . , ,~(. \ : . . . '. (b) No person shall permit branches of trees or shrubs to extend within nine feet:. (9') from the ground over any portion of the sidewalk area, or within I twelve feet (12') from the ground over any portion of a resi()antial street abutting the property on which the tree is growing, or within fourteen feet (14') on streets designated as truck routes. After fifteen (IS) days' notice to correct said condition, the Parks and Recreation Director and/or Public WOrks Director may correct the condition and send a billing therefor, including a fifteen percent (15%) administration fee, to the'property owner. If the property owner fails to remit the payment, the charge of all costs of cor;1'cction, including the- administration fee, shall be charged as a tax lien upon the tree owner's property. r Sec. lO-J.OG. T..anclJna rk Trees. . . . ; (a) In or()er to initiate a Landmark tree designation, the owner(s) of such trees shall sign the proposed designation resolution prior to City Council adoption, thereby conferring consent for the tree(s) to be voluntarily desiqnated as Lanc1mark tree(s) by the City and approved for the City to go upon the owner's property for monumcntation, inspection and inventory. Trees may also be designated a Lanc1mark tree (s) as part of a City develophi!nt approval or permit process (See Section 10-3.09). For such case the Director .shall si~ the resolution after its adoption in lieu of the tree owner's(s') signature. 'Ihe Director shall sign as owner for all City-owned trees. (b) The City Council, upon reconwrendation of the Planning Convnission or Parks and Recreation Ccmnission, shall, after making any revisions it Oeems I appropriate, designate Landmark trees or Landmark groves by resolution. The I I I . Director shall administer the Landaarlc Tree Program for the City. (c) In the event a Landmark treats) owner desires to remove Landmark tree designation from his/her trec(s), the owner may petition the City Council to adopt a resolution repealing Landmark status from the tree (s) . i (d) No Lanc1mark tree (s) shall be removed without the consent of the City Council, nor shall any Landmi1rk trees be destroyed or damaged. (e) 'Ihe Director shall maintain a permanent log of all trees designated. I Such log shall consist of a copy of all resolutions designating Landmark trees. Each resolution shall contain a Landmark tree roonumentation nunber, a photograph of the tree(s), a location map of the tree(s) on the property, the reasons why such tree(s) has been designated a Landnerk tree(s), and the signature and ownar's (s') nama, and the address and legal description of the property upon which the tree{s) is located. The Director shall present a copy of the adopted resolution to the tree owner. (f) The Director shall install a permanent marker upon or near each Landmark tree, identifying the tree, as a Landrrork tree, and containing the tree monumentation number. One'marker may be used for a Lanc1rmrk gcove. (9) The Directoc shall cause the physical inspection and inventory of all Landmark trees annually, to determine their condition and presence, and shall report his findings publicly to the City Council, the Parks and Recreation COrmU.ssion, and the Planning Conmission, via the City Manager. (h) Upon the death of a Landrrork tree, the Director shall record the estimated date of death and suspected cause of death upon the resolution designating the tree. 'Ihe Director shall use such information to assist in f determining future tree preservation programs for the City. I .. : - OCIDINI\NC8 NO. 431 C.S. .. ..... . .. .72 ' , (i) No branches two inches (2") or larger on a Landmark tree shall be pruned without prior written approval of the Director or the City Tree Coordinator. .spc.10-1.07. Trr.e np.n~va' in Co~rcia]. Multi-Fnmily. and Tndu~tria] 7.on~s. (a) No person(s) shall allow or cause the removal of any tree(s) on property used or zoned CORIIOOrcial, Multi-Family J\partJrent, or Indu!ltrial-without first obtaining a tree removal permit from the Director or Tree Coordinator. 'n\e permit is available at no charge. , (b) Tree renk)val in the above locations, without a permit shall constitute a misderreanor violation of this chapter, and in addition, removed trees shall be replaced through payment by person or. persons causing such loss to the . ". , City. 'n\e alllount of such payrrent shall be the rep1acerrent value of the tree as J determined by the Director, but in no event shall it be less than One Hundred [:,ifty Dollars ($l~O.OO)per tree; and it shall be in addition to any criminal fine or peCk,lty for Municipal Code violation. (c) The intended deci!lion of the Director or Tree Coordinator for issuing or refusing a tree removal permit shall be baseu upon reasonable standards, including: (1) The condition of the tree regarding its general health, location to utilities or structures, or status as a public nuisance. (2) 'l'he necessity of the requested action to allow construction of improvements or otherwise allow economic or other reasonable enjoyment of property. (3) 'l'he topography of the land and the effect of the tree removal on erosion and water retention. . (4) The nUlTber, species, size, and location of existing trees in the area and the effect of the tree reJOOvalon scenic beauty, historic values, and the general welfare of the City. (5) 000d forest.ry practices in general. (d) E){CEPl'lO~: 1\ tree removal permit is not required for the following: (1) . Trees in a hazardous condition that represent an inwrediate danger to health or property; or (2) Christmas tree lots; or (3) Fruit trees; or (4) Owners of firewood harvesting lots need not obtain a reooval pe~it, if the species of trees harvested ar~ eucalyptus or pines. }~ec. 10-1.011. Public Utility C~nY-B~1irements. Public utility companies shall obtain a permit from the Director, 1IIhich shall - be valid for one calendar year, and notify the City forty-eight (48) hours pdor " to performing the following: (a) Removal of a street tree or any tree covered in Sections lQ-3.0G and 10-3.07; (b) Pruning of a street tree, Landmark tree, or any tree covered in Sections 10-J.OG and 10-3.07 for overhead power line clearance; and (c) Underground trenchinq within the dripline of a street tree, a Landnark tree, or any tree covered in Sections 10-3.06 and 10-3.07. .;<:: "':. iec. 10-) .09. : Insta~D.r-.~1.int.~1Dd..BetroVal 9f Trees Rela\:inQ to , . ProPerty Dcvclonmcnt. (a) ^ tree planting fee is hereby established on issuance of all subdivision maps for develo~nt in the City of l\rroyo Grande. '!he City Council shall, in a Council resolution, set forth the specific amount of the fee. M described in the fee resolution, this tree planting fee shall be paid by each developer prior to issuance of a building permit. <XI an annual basis, the City Council r..hall review this fee to determine \bether the fee anwnts are reasonably related to the inpacts of develo!;tnents. The revenues raised by payment of this fee shall be placed in a separate and special account, and such revenues, along _ with any interest earnings on that account, shall be used solely to pay for the r- " j City's future purchase and planting of trees described in the resolution enacted I pursuant to the above. '!he selection, purchase, planting, and future maintenance of such trees shall be performed by the Director. In lieu of said fee, at the election of the Planning Comnission, the subdivider shall be responsible for the purchase, planting, maintenance and replaceJmnt, if necessary, of such trees for twenty-four (24) months after planting and acceptance according to a uniform planting plan approved by the Director. '!be subdivider may be required to post a bond, the umount to be determined by the Planning COITI1\i.ssion, to assure faithful performance. The oond may be held by the City for a maxil11JR\ of two (2) years. (b) The Planning commission tray require a six-foot (6') tree planting easamcnt on all or select streets within proposed subdivisions, in addition to dedicated planting easements for street trees in conformity with a uniform planting plan for the area involved. (c) i\ll proposed changes' in a public street right-of-way dir~l:ion or width, or any proposed street itrprovemnts, shall, 'fo'here feasible, include allowances for planting easements. Plans and specifications for planting such areas shall be integrated into the general plan of inproverrents, and it shall be the duty of the Director of Public Works to coordinate the design of such invrovemcnts with the Parks and Recreation Director prior to the cOltpletion of the final overall plans. (d) No tree shall be removed on any undeveloped parcel for which a tree removal permit has not been issued or for W'lich a tree resroval plan has not been approved by the Planning Comnission. Tree reooval on undeveloped property without a permit or approved plan shall constitute a misdeJmanor, and in addition, rClOOvcd trees shall be replaced through paym!nt, by person or persons causing such loss, to the City. '!be amount of ouch paymmt shall be the repJDccrent value of the tree, as determined by the Director, but in no event shall it be less than One Hundred Fifty Dollars ($150.00) per trae, and it shall be in addition to any criminal fine or penalty for Municipal Code violation. (e) Ml grading, building, conditional use, tract map, parcel map, planned developnent, and other developnent proposals submittErl to the City shall be accompunied by an accurate map identifying and locating all existing trees I upon the property for which application is r~eived and all existing trees that are off-site but affected by the project.. SUch map shall also identify all existing trees that are proposed by the applicant for removal or destruction, and such trees shall be visibly marked for the Director's inspection. '!be Director, or his/her designee, shall locate all trees upon the applicant's and I I I 7 , , . - , ." . ..';"' '1 . 'uiWlt'4/\I\j\..C; 1v..J. 'I j I '-. ~. , , , , 74 affected property and prepare a written report to the permit-granting authority within two (2) calendar weeks of the permit application having been received by the City. I (f) The Director I s repoet to the permit-qeanting authority shall I contain: (I) Recommendation as to which trees should be peeserved and protected from removal and/or relocation. (2) RecOlllOOndation as to which trees should receive Landmark designation. (g) The permit-qranting authority shall not issue a permit until receiving and reviewing the Die.ector's recallmn~.tions. The permit-granting authority shall not be bow\d to honor the Director's r'ecOflllrendations. The permit- J granting authority shall have the authority to appeove and issue a permit with conditionn requiring protection and preservation of any or all trees ~fected by the permit. (h) The killing, removal, or damaging, intentionally or accidentally, of any tree, because of developrent activity, shall result. in a separate administrative penalty to be paid; through payroont by person or persons causing such loss, to the City. Said paynent shall be the anoont of the value of the tree, as set forth in the Mt1nual for Plant ^pprail':t"r!1, published by the Council of Teee and Landscape J\ppraisers, but in no event shall the payment be less than cne Hundred Fifty Dollars ($150.00) per tree. The intentional killing, re/OOval, or damaging of any tree, as a result of develor;ment activity, shall constitute a misdemeanor. (i) If the permit-qranting authority approves the removal of any oak tree or othe'r tree as defined in Section 10-3.02, 10hen related to property develor;:ment, the tree owner (5) of such tree(s) shall replace each tree removed at a 3: 1 replaceroont ratio. 'lbe size, specie, and location of replacencnt trees shall be determined by the Director, in writing, before the permit is issued. Replacement trees shall be mintained and cared for by the owner (5) \oihen planted on his parcel. If not planted on the owner's parcel, the director may identify a site for planting replacement tree(s), and the City will be responsible for maintenance thereof. (j) In the event the permit-granting authority desires Landmark designation for any tree, the permit-qranting authority shall convey such reconvrendation to the City COW1Cil via the Planning COrmU.ssion for consideration and recatmendation and shall withhold issuance of such permit until the City Council has adopted a resolution conferring Landmark designation or, in the event the Planning Coooission does not rec.amend Landmark designation, the ten-day appeal .... - period pursuant to Sec. 10-3.10 for Planning Conmission decision has elapsed. (k) In the event the <<;:ity COW\cil adopts a resolution conferring Landmark designation upon a tree(s) during the develor;ment:process, a permit shall be issued only with condition that the designated tree(s) mall not be removed or disturbed. Failure to cooply with this condition shall result in a misdemeanor. '!here will be a separate acbinistrative penalty of Five Thousand Dollars ($5,000) to the tree owner for each Landmark tree removed, destroyed or killed a:J a result of construction or developneot activity, regardles!J of \J1ether the removal w:lS intentional. l \J . .' t.,,:;.", I .. ," " .. .f. ". . 1"1 ." ,~ (1) All adrn.inist:rative penalties rccovcro.:1 by the City, pursuant:. t:.o ..',..., ";. . this chapter of the f-\Jnicipal Code, shall be deposit.ed in a City rMd, the assets or which Ghall be used for tree planting, car'e and administration of this chupter or the f-\Jnicipal Cade. (m) Trees designated to ranain .on the tree ranoval plan shall be prot.ected prior to and during construction by the owner (s), using the following measures: (1) Each tree or group of trees designated to ranain shall be protected by an enclosure of a fivc-foot (5') fence, prior to the beginning of construction. The fence shall be wooden, chain link, or plastic barricade fencing. _ - '!be location of the fence is normally at the dripline of the tree, but it may be adjusted or omitted with the Director's writt~~'approval. (2) No parking of vehicles or equiprmnt or storage of nnterlals shall be permitted within the ddpline of the trees designated to rE::ml1in. (3) In the event the underground utilities nust be placed within the dripline of the trees to conain, the utilities shall be installed by augudng at twenty-four inches (24") mininum depth or by hand tranching. If roots over one inch (1") in diameter are encountered, the ~oots shall be preserved without injury . No machine trenching within a tree's dripline shall be permitted, unless authorized, in writing, by the Director. (4) ^ pcrformtlnce bond may be required, in a form acceptable to the City and prior to issuance of an entitlenent, to wsure protection of !:raes on the site. '!be amount of any set bond shall be One Thousand Five nundroo Dollars ($1,500.00), or the value of affected trees, M1ichever is greater, baaed on "M.,-mual For Pl"nt ^Dorair-ers," Council of Tree and Landscape Appraisers. The latezt edition is to be available for review in the City Planning Department. If, in I the opinion of the certified arbodst, no violation or daJn<)ge has occurred during construction, the bond 3hall be returned upon final building inspection. However, if c1.amage has occurred, the bond shall be held for three (J) years and forfeited if, in the opinion of the certified arborist, pcrmtlncnt damage has occurred. (5) Failure to canply with tree preservation requirencnts shall result in the Director issuing a stop work order until all requiraoonts have been lret. (n) Upon determination that a conditioned tree or Landmark tree has died, been destroyed or removed aa a result of construction or devc1opront: activity, the Council may stop further construction or t1evelopnent activity until the administrative penalty is paid. Sec. 10-3.10. l\Pneals. (a) My person desiring to appeal the Director's or Tree Coordinator's decision regarding tree removal permits shall appeal the decision to the Parks and necraation Tree Subcommittee. This appeal shall be in writing and be mdo I within tcn (10) days of the decision and be addressed to the C1tairman of the Parks I I I and necreation Commission. The Chairman shall then direct the Tree Subcommittee I to meet and review the appeal within thirty (30) days of receiving the written appeal. The Parks and Recreation s~ttee shall review the appeal and I determine M1ether the tree removal permit is to be granted or oonied. Further appeals arising from the Trae Subconvnlt tee's decisions shall I be filed in writing within ten (10) days of the decision with the City Clerk for I City Council review. ! ~'~'::-Ti , --- ". ( . . ' - UIQlJ.L.",'OI...c' L~U. '1.3 I ~..::i. . '14, . .. . '. . .. - ,'7~' . (b) ~y persons desiring to appeal the decision of the Parks and Recreation und/or Public WOrks Director regarding grading permits, building permits, or undeveloped property shall appeal the decision to the Planning Ccmnisf:ion . '1\1i5 appeal shall be in writing and be madc within ten (10) days of the decision and shall be addressed to the Chairman of the. Planning Commission. 'It\e Plooning CooOlisf:ion shall then neet and review the appeal within thirty (30) days. l\pJ?Cals to the Planning Conmis:1ion shall be subject to fees as set forth in the Schedule of Fees located at the Planning Deparl:.nent. Further appeals arising. from the Planning Cominission' s decisions shall be filed in wr iting within ten (10) dnys of the decision with the City Clerk for City Council review. . . (c) ~y persons desiring to appeal the decisions of the Planning J Ccmnission regarding tract maps, planting easerrents, or uniform planting plans shall appeal the decision to the City Council. '!be appeal shall be in wr iting and be made within ten (10) days of the decision and shall be addressed to the City Clerk. The City Council shall then IOOct and review the appeal within the . tirre set forth in the City Code for such appeals. J\ppeals to the City Council !>hall be f<ubject to fees as !Jet forth, in the Schedule of Fees located at the City Clerk's office. ~FC'I'TON 1: This Ordinance shall be in full force and effect thirty (30) days after its pas!::age, and within fifteen (15) days after its passage, it shall be published once, together with the names of the Council HeRbers voting thereon, in a newspaper of general circulation within the City. On notion of Council HeRber Douqall , acconded by Council Menber ).tx)ts , and on the following roll call vote, to wit: AYES: Council ~nbers Dougall, foobots, Olsen and Smith roES : None J\BSENr : Mc"'\yor Millis the foregoing Ordinance was passed and adopted this 27th day of Noventler . 1990. -t8'~~4) HI\YOll PltO 'I'JiM ~: ~a.~ 1\PmDVED AS ']X) FORM: CI'l,,{ C " <- I, NAOCY A. DAVIS, City Clerk the City of 'Arroyo Grande, County of San Luis Obispo, State of Cali omia, do hereby certify W1der penalty of perjury that the foregoing Ordinance No. 431 C.S. is a true, full - and correct copy of said Ordinance passed and adopted at a regular IDgeting of said CoW'\cil on the 27th d~y' of Novmtler, 1990. WI'l'NESS JTrj hand and the seal of the City of Arroyo Grande affixed this 30th'day of Novenber, 1990. . . , ., ~/O,~ CIT~ (') I;'ru< (;