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11.30.050 Procedure for Type B Permits.

City Code Section

(Amended by Ordinance No. 188278, effective April 14, 2017.)  Type B permits involve the consideration of relevant technical and qualitative factors to prevent risks to public health and safety or significant undue impacts on neighborhood character, and to ensure that the impacts of tree removal are mitigated. Type B permits are reviewed administratively by the City Forester, and the decision may be appealed to the Urban Forestry Appeals Board by the applicant and any person adversely affected or aggrieved by the decision.

A.  Application.

1.  Generally. Application for a Type B Tree Permit shall meet the requirements of Section 11.30.030, Applications.

2.  Additional information required.

a.  If the City Forester requires additional information to review an application, the City Forester will send a notice to the applicant requesting the additional information.

b.  The applicant will have a maximum of 30 days from the date of the City Forester’s notice to submit the additional information.

c.  If the additional information is not received by the City Forester within 30 days from the date of the City Forester’s notice, the application will be voided on the 31st day. The City will not refund the filing fee.

B.  Decision by the City Forester.

1.  The City Forester’s decision shall be based on an evaluation of the facts and applicable standards and review factors in Chapter 11.40.

2.  The City Forester may issue the permit, deny the permit, or may apply conditions of approval to the permit to ensure the request complies with the applicable review factors and standards.

3.  Any work done under a permit shall be performed in strict accordance with the terms and provisions of this Title and conditions of approval of the permit.

4.  If the application is denied, the City Forester shall notify the applicant of the decision in writing.

5.  If the application is tentatively approved, and public notice is required per Table 30-1, the City Forester shall send notice of the pending approval to the applicant and the neighborhood association. The applicant shall post a copy of the notice on the site in a location clearly visible from the street nearest the tree.

6.  If no appeal is filed within a timely manner as specified in Subsection C., below, the decision is final. The City Forester shall notify the applicant that the decision is final.

C.  Appeal. The applicant may appeal the City Forester's decision. In addition, when public notice is required per Table 30-1, the neighborhood association or any other person may also appeal the decision. Appeals shall be:

1.  Filed with the City Forester on forms prescribed by the City;

2.  Filed within 14 days from the date of the City Forester's decision; and

3.  Specifically identify how the City Forester erred in applying the standards or review factors.

D.  Appeal process.

1.  Scheduling of the appeal hearing. The appeal hearing will be scheduled within 45 days of the date the appeal was filed. However, for good cause shown by any party, the Appeals Board may extend the hearing deadline.

2.  Notice. Notice of the appeal hearing will be sent to the applicant, the appellant, and the neighborhood association at least 14 days before the hearing. The applicant shall post a copy of the appeal hearing notice on the site in a location clearly visible from the street nearest the tree.

3.  Hearing.

a.  Appeals are heard by the Urban Forestry Appeals Board (Appeals Board).

b.  The Appeals Board will consider the application against the applicable standards or review factors, taking into consideration information provided by the applicant, appellant, and City staff, or observations made by members of the Appeals Board if they visit the site.

c.  Additional testimony and evidence may be introduced at the hearing, and the Appeals Board may delay its decision to provide adequate time for other parties to respond.

d.  If additional hearings are scheduled, the Appeals Board may, at its discretion, choose to not allow new evidence after the initial hearing.

E.  Appeals Board Decision.

1.  The Appeals Board may affirm or reverse the City Forester's decision, or remand the decision to the City Forester to determine appropriate mitigation.

2.  The Appeals Board will give due deference to the professional judgment of the City Forester, and will reverse or remand the City Forester's decision only upon a finding that the City Forester's decision is not supported by substantial evidence, or upon a finding that the City Forester's decision was arbitrary or capricious, an abuse of discretion or otherwise was not in accordance with the provisions of this Title.

3.  The appeal decision of the Urban Forestry Appeals Board is final and may not be appealed to another review body within the City.