Sec. 37-13. Appeals.
A.Appeals of Community Development Department development-related tree permit approvals, conditional approvals, or denials shall be handled pursuant to the applicable development permit appeal provisions contained in Chapter 38 of this code.
B. Procedures for Appeals Hearing Board Review.Appeals of City Forester tree permit approvals, conditional approvals, or denials shall be heard by the Appeals Hearing Board. An appeal may be brought by any interested party and shall be in writing upon forms provided by the City, accompanied by the required fee, which shall be established by the City Council, and must be filed with the Department of Parks and Recreation within 10 calendar days from the date of the City Forester’s decision to approve, deny or condition the permit. If no appeal is filed within this time period, the City Forester’s permitting decision shall become final. The following procedures shall apply to tree permit appeals before the Appeals Hearing Board:
1.Upon receiving a written request for hearing, the Secretary of the Board shall set a time and place for the hearing not less than 10 days nor more than 60 days thereafter. Notice of the time, date, and place of such hearing shall be mailed to the appellant, to the applicant, and to any other person who has requested such notice in writing.
2. De Novo Hearing.The Appeals Hearing Board shall hear the appeal as a new matter. The original applicant has the burden of proof.
3.An appeal stays all actions and rights on the matter being appealed unless it is determined and certified by the City Forester that a stay would cause imminent peril to life and property.
4.The hearing shall be conducted with a staff presentation of the matter prior to the public hearing. Any member of the public, including the appellant, if applicable, and the applicant shall have the right to be heard by the reviewing body either in person or by counsel. Formal rules of evidence and discovery do not apply in the proceedings under this section and the Board may consider any evidence or information deemed relevant and reasonably reliable.
C. Standards for Appeals Hearing Board Review.The Appeals Hearing Board may approve, deny, or conditionally approve the application, based on the criteria set forth in this section. Decisions of the Board shall consider the information and input from City staff and the City Forester and, in addition to criteria related to tree health and tree safety, the Board may render its decision based on the following standards:
1.The visual prominence, value and importance of the tree on the site or in the community.
2.The tree’s contribution to the aesthetic beauty of the area and the effect its removal would have on the neighboring property values.
3.Evidence or testimony presented by the applicant that demonstrates the extent of concern or anxiety caused by the tree.
4.The acceptance of mitigation measures including, but not limited to, those set forth in Section 37-11.
D.Notice of the decision of the Board shall be provided to the appellant, where applicable, and the applicant in the same manner as the notice of the hearing. The decision of the Board shall be final and shall be subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6. (Ord. 3611 § 4, 2020; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)