(Prior history: Article 37.07, Appendices, adopted by Ord. 2099 § 1, 2002, was amended in its entirety by Ord. 2671, 12/3/2024.)
(a) 
The tree permit appeal board is hereby established and shall consist of the city manager, community development director, or their designees, and a certified, non-city arborist. Specific expertise represented shall include planning, property rights and tree health.
(b) 
The tree permit appeal board ("board") shall act as a decision-making body for:
(1) 
Appeals of administrative decisions related to city tree permits.
(2) 
Appeals of administrative decisions related to private/protected tree permits.
(3) 
The removal of a landmark tree designation.
(c) 
The director, based on merits of the request and unusual or extenuating circumstances, shall have discretion to determine whether a city tree permit or a private/protected tree permit may be processed administratively or proceed directly to a public hearing before the board.
(d) 
In considering requests for a tree modification or removal permit under this section, the board shall review the matter de novo and make its decision based on the findings, criteria, or factors applicable to the subject permit as described in the Code.
(e) 
The board may consult with certified third-party professionals when warranted.
(f) 
The board shall have the authority to consider and act on requests to reduce mitigation requirements including fees, tree planting requirements, etc. Consideration of these requests will be based on the facts provided in the request or appeal and shall be at the sole discretion of the board.
(g) 
The board may act to approve, conditionally approve, or deny a tree modification or removal permit. Any conditions on modification or removal shall be outlined in the tree removal permit and reflected in any applicable project entitlement (conditions of approval, maps, plans, permits, etc.).
(Ord. 2671, 12/3/2024)
The following individuals and/or entities have the right to appeal administrative decisions related to city tree permits or private/protect tree permits to the board:
(a) 
For city tree permits:
(1) 
The property owner;
(2) 
Tenants of the property with a long-term lease of one year or more;
(3) 
Immediately adjacent property owners of single-family properties or tenants of the properties immediately adjacent to the property with a long-term lease of one year or more.
(b) 
For private/protected tree permits:
(1) 
The property owner;
(2) 
Tenants of the property (including residents of multi-family or residential care facilities) with a long-term lease of one year or more;
(3) 
Immediately adjacent property owners or tenants of the properties immediately adjacent to the property with a long-term lease of one year or more;
(4) 
For private/protected trees located in Homeowner's Association public areas, property owners or residents with long-term leases of one year or more.
(Ord. 2671, 12/3/2024)
(a) 
Appeals of administrative decisions related to city tree permits or private/protected tree permits must be filed with the public works department.
(b) 
An appeal form must be timely filed by an individual/entity with the right to appeal as specified in Section 37.07.020 and applicable processing fees paid as listed in the City's Master Fee Schedule within ten calendar days of:
(1) 
The date of notification of the administrative decision related to a city tree permit or private/protected tree permit; or
(2) 
The posting of an approved city tree permit.
(c) 
Any appeal may be withdrawn by the appellant upon written notice to the public works department delivered prior to the commencement of the appeal hearing.
(1) 
If no appeal is timely filed, the decision of the director will be final after the appeal period ends.
(2) 
If an appeal is timely filed, the decision of the director will not be effective. The board will conduct a public hearing and consider the findings of the director and any public testimony. The board shall vote to approve the permit, approve the permit with conditions, or deny the permit.
(3) 
If an appeal is withdrawn prior to the end of the public hearing, the decision of the director will become effective on the date of the withdrawal.
(Ord. 2671, 12/3/2024)
(a) 
Meeting notices of the board shall contain:
(1) 
The date, time, and place of the meeting;
(2) 
A general description of the matter to be considered;
(3) 
A general description, in text or by diagram, of the location of the tree(s) on the subject property.
(b) 
The director shall cause the meeting notice to be posted and mailed as follows at least ten calendar days before the meeting:
(1) 
Posted on the city's website and conspicuously on the tree(s) at the subject real property.
(2) 
Mailed (electronically or via U.S. mail) to the appellant(s) and the property owner on which the tree is located (if different than the appellant(s)).
(Ord. 2671, 12/3/2024)
(a) 
Tree Permit Appeals. Except as otherwise provided by this chapter, the board shall vote to approve, conditionally approve, or deny a city tree permit or private/protected tree permit. The board, at its sole discretion based on the facts provided in the appeal, may also vote to approve, reduce, or increase mitigation requirements including fees, tree planting requirements, etc.
(b) 
Landmark Tree Designation Removal. The board shall vote to approve or deny the removal of a landmark tree designation.
(c) 
The board's decision on the appeal shall be final.
(d) 
Notification of Final Determination by the Board. The appellant, if not at the meeting, will be notified via mail or email of the board's decision within five business days of the meeting with a report of the actions taken.
(Ord. 2671, 12/3/2024)