SECTION I. 4. Discourage ill-considered damage to trees/vegetation and promote proper landscaping establishment and maintenance.

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1 Laguna Beach Municipal Code (Laguna Beach, California) Purpose and Principles. SECTION I A. The general purpose of this Section is to promote the health, safety and general welfare of the residents of the City, by balancing the rights of the residential property owner with foliage against the rights of the residential property owner to have a view that has been significantly impaired by foliage. Specifically: 1. Recognize the right of real property owners to restore and preserve views and/or sunlight which existed at any time since the lot was created from significant obstruction from the growth of trees (and vegetation). 2. Establish a process by which real property owners may seek to restore and preserve such views and [or access to sunlight] when significantly obstructed by the growth of trees or other vegetation. 3. Establish procedures and evaluation criteria by which real property owners may seek resolution of view restoration and preservation disputes, and/or sunlight access disputes. 4. Discourage ill-considered damage to trees/vegetation and promote proper landscaping establishment and maintenance. It is not the intent and purpose of this section for the City to create either a covenant running with the land (for example, CC&R s or deed restriction) or an equitable servitude (for example, easement or license). B. The rights and the restorative process are based upon the following general principles: 1. Both views and trees/vegetation contribute to the aesthetic value, quality of life, ambiance and economic value of properties within the City. Similarly, access to sunlight across property lines contributes to the health and well being of community members, enhances property values and provides an opportunity to utilize solar energy. Utilization of passive solar energy reduces air pollution, visual blight and ill health. 2. The City of Laguna Beach recognizes that owners and occupiers of residential and commercial properties cherish their outward views from the City. Views, whether of the Pacific Ocean, islands, the surrounding hillsides and canyons or other natural and manmade landmarks produce a variety of significant and tangible benefit for both residents and visitors. Views increase property value. 3. The City of Laguna Beach recognizes the desire of many residents, property owners and businesses for beautiful and plentiful landscaping, including trees. The City realizes that this 1

2 desire may sometimes conflict with the preservation of views and sunlight, and disputes related to view or sunlight obstruction is inevitable. 4. The City recognizes that trees and vegetation produce a wide variety of significant psychological and tangible benefits for both residents and visitors to the community. Trees and vegetation may provide privacy, modify temperatures, screen winds, replenish oxygen to the atmosphere, maintain soil moisture, mitigate soil erosion and provide wildlife habitat. Trees may increase property values. 5. Owners and occupiers of real property should maintain trees on their property in a healthy condition for both safety reasons and for preservation of sunlight and outward views. Before planting trees, owners and residents should consider view and sunlight blockage potential, both currently and at tree maturity. 6. Because the maintenance of views and sunlight benefits the public health, safety, and welfare of the residents unmaintained trees shall also constitute a public nuisance. 7. It is, therefore, in the interest of the public health, safety and welfare to: A. Recognize that every real property owner in the City is entitled to a process by which they may seek to restore and preserve views or sunlight which existed at any time, since the lot was created, from significant obstruction by the growth of trees. The City of Laguna Beach shall also establish a list of factors to be considered in determining appropriate actions to restore and preserve views and/or sunlight. B. When a view or sunlight obstruction dispute arises, the parties should act reasonably to resolve the dispute through friendly communication, thoughtful negotiation, compromise, and other reasonable means. Those disputes which are not resolved through such means shall follow the procedure established herein. C. It is the intent of the City of Laguna Beach that the provisions of this Section receive thoughtful and reasonable application. It is not the intent of the City to encourage clear cutting or unreasonable denuding of any property of its trees by overzealous application of the provisions of this Section. Definitions SECTION II When not inconsistent with the context, the words used in the present tense include the future; words in the singular include the plural; and those in the plural include the singular. In carrying out the intent of this section, words, phrases and terms shall have the following meanings ascribed to them: 2

3 Alter means to take action that changes the tree or vegetation, including but not limited to extensive pruning of the canopy area, topping, cutting, girdling, interfering with the water supply, applying chemicals or re-grading around the feeder root zone of the tree or vegetation. Arborist, Certified means a person who has passed a series of tests by the International Society of Arboriculture (ISA), is governed by ISA s professional code of ethics and possesses the technical competence through experience and related training to provide for or supervise the management of trees and other woody plants. Authorized Agent means a person, as defined herein, who has been designated and approved in writing by the property owner of record to act on his/her behalf in matters pertaining to the processing of a view and/or sunlight claim as outlined in this chapter. Canopy means the umbrella-like structure created by the over-head leaves and branches of a tree which create a sheltered area below. City means the City of Laguna Beach and its employees and staff and those designated by the City Council to act on behalf of the City. City Maintained Trees means trees which are specifically designated for maintenance by the City Council. City maintained trees include heritage trees which are located in the unimproved portion of a dedicated and accepted street right-of-way easement and for which the real property owner has requested and given written permission for the City to maintain. City Property means any real property of which the City is the fee simple owner of record. Complaining Party means any property owner, group of property owners [or authorized agent] who allege that tree(s)/vegetation located within the immediate vicinity of their property as set forth in Section is causing unreasonable obstruction of the view and/or sunlight access benefiting such real property. Crown means the rounded top of the tree. Crown Reduction/Shaping means a method of comprehensive pruning that reduces a tree s height and/or spread. Cull means to reduce or control the size of (as a grove) by removal; Foliage means natural growth of trees shrubs, and other plant life. Heritage Tree means any tree or stand of trees that have been placed on the heritage tree list by the City Council, pursuant to Chapter of this code. Lacing means a comprehensive method of pruning that systematically and sensitively removes excess foliage and improves the structure of the tree. 3

4 Maintenance Pruning means pruning with the primary objective of maintaining or improving tree health and structure; includes crown reduction/shaping or lacing, but not ordinarily topping or heading back. Mediator means a neutral, objective third party professional negotiator/facilitator to help disputing parties reach a mutually satisfactory solution regarding a view equity and/or sunlight claim. The mediator shall be chosen from a list available from the City of qualified and professionally trained (arbitrators/mediators). Obstruction means the blocking or diminishment of a view and/or sunlight access attributable to growth, improper maintenance or location of trees and/or vegetation. Person means any individual, individual, corporation, partnership, firm or other legal entity. Privacy means reasonable protection from intrusive visual observation. Topping and Heading Back as defined herein are considered to be severe pruning. Shall and May. Shall is mandatory and may is permissive. Stand Thinning means the selective removal of a portion of trees from a grove of trees. Street means the portion of a right-of-way easement used for public purposes, such as roadway Improvements, curbs, gutters and sidewalks, dedicated to the City, and formally accepted by the City into the City public street system for maintenance purposes. Sunlight means the availability or access to light from the sun across property lines. Topping means eliminating the upper portion of the trunk or main leader of a tree. Tree means any woody perennial vegetation that generally has a single trunk and reaches a height of at least eight feet at maturity. Vegetation means all types of plants, bushes, hedges and shrubs, including trees. View means a scene from the primary viewing area in a residential home or the active use areas of a non residential building. The term view includes but is not limited to bodies of water, beaches, coastline, skylines, islands, ridges, hillside terrain, canyons, geologic features and landmarks.. A view which is protected by this Section shall not include vacant land that is developable, distant mountain areas not normally visible, nor the sky, either above distant mountain areas or above the height of offshore islands. A view may extend in any horizontal direction (three hundred sixty degrees of horizontal arc) and shall be considered as a single view, even if broken into segments by foliage, structures or other interference. 4

5 In Laguna Beach, it is quite common to have a near view and a far view because of the nature of many of the hills and canyons on the coastline. Therefore, a "view" which is protected by this section is as follows: a. A "near view" which is defined as a scene located on the coastal land formations, but not limited to, a valley, ravine, equestrian trail, pastoral environment or any natural setting; and/or b. A "far view" which is defined as a scene located off and over the coastline and including, but not limited to, the ocean; the Saddleback Valley and Los Angeles basin, city lights at night, shoreline or offshore islands. View Restoration Commission " means the [planning commission] of the city of Laguna Beach. Viewing Area means that area of a structure (excluding bathrooms, hallways, stairs, garages, closets and laundry rooms) or that area of a lot(excluding the setback areas) where the owner and the City determine the best and most important view exists. In structures, the finished floor elevation of any viewing area must be at or above existing grade adjacent to the exterior wall of the part of the building nearest to said viewing area. Vista Pruning means the selective thinning of framework limbs or specific areas of the crown of a tree to allow a view from a specific point. Windowing means a form of thinning by which openings or windows are created to restore views and /or sunlight. Rights Established SECTION III Real property owners [and occupiers] in the City of Laguna Beach shall have the right to seek restoration of and preserve views and/or sunlight which existed at any time since the lot was created when such views or sunlight are from the primary viewing area or active use area and have subsequently been significantly obstructed by the growth of trees. In order to establish such rights pursuant to this Section, the real property owner must follow the process established in this Section. In addition to the above rights, private parties have the right to seek remedial action for imminent danger caused by trees. However, a claim for restoring and preserving view and/or sunlight may only be made regarding any tree/vegetation located on real property, as defined herein, which is within one thousand feet from the complaining party s real property boundary. 5

6 Requests for view and/or sunlight preservation or restoration action with regard to any tree and/or vegetation located on City property, parks and for City maintained trees may only be initiated as set forth in this code. Requests for view and/or sunlight preservation and restoration action with regard to any heritage tree not maintained by the City may only be initiated as outlined in Section dealing with Heritage Trees, however, all trees designated as Heritage Trees must be maintained by the owner in a manner consistent with the provisions of this code. Determination of Viewing Area SECTION IV The determination of the viewing area shall be made by balancing the nature of the view to be protected and the importance of the area of the structure or lot from where the view is taken. Once finally determined for a particular application, the viewing area may not be changed for any subsequent application. In the event the View Restoration Commission and the real property owner cannot agree on the viewing area, the decision of the View Restoration Commission shall control. A property owner may appeal the View and Foliage Committee s determination of the viewing area. In such event, the decision on the viewing area will be made by the body making the final decision on the application. A property owner may preserve his or her right to dispute the decision on the viewing area for a subsequent application, without disputing the decision on the pending application, by filing a statement to that effect and indicating the viewing area the property owner believes to be more appropriate. The statement shall be filed with the City prior to consideration of the pending application by the City. Significant Obstruction SECTION V A. No person shall significantly impair a view from a viewing area of a lot by permitting foliage to grow to a height exceeding: 1. The height determined by the View Restoration Commission through issuance of a view restoration permit under this chapter; or 2. If no view restoration permit has been issued by the View Restoration Commission, a height which is at or below the ridge line of the primary structure on the property. If foliage on the property exceeds the height of the primary structure on the property on the effective date of this section, and significantly impairs a view from a viewing area of a lot, then notwithstanding whether any person has sought or obtained issuance of a view restoration permit, the foliage owner shall not let the foliage exceed the foliage height existing on the effective date of this section. The purpose of this paragraph is to ensure that owners of foliage which violates the provisions of this paragraph on the effective date of this section shall not 6

7 allow the foliage to increase in height. This paragraph does not "grandfather" or otherwise permit such foliage to continue to block a view. B. Removal of Foliage as Condition of Permit Issuance. The city shall issue no conditional use permit, variance, height variation, building permit or other entitlement to construct a structure, or to add livable area to a structure on a parcel utilized for residential purposes, unless the owner removes that part of the foliage on the lot exceeding the height of the ridge line of the primary structure, that significantly impairs a view from the viewing area of another parcel. The owner of the property is responsible for maintaining the foliage so that the views remain unimpaired. This requirement shall not apply where removal of the foliage would constitute an unreasonable invasion of the privacy of the occupants of the property on which the foliage exists and there is no method by which the property owner can create such privacy through some other means allowed within the development code that does not significantly impair a view from a viewing area of another property. The initial decision on the amount of foliage removal required or the reasonable degree of privacy to be maintained shall be made by the director, the planning commission or the city council, as appropriate for the entitlement in question. A decision by the director on either of these matters may be appealed to the planning commission, and any decision of the planning commission may be appealed to the city council. C. Significant Obstruction Prohibited No real property owner or other persons shall plant, maintain, or permit to grow any tree which significantly obstructs the view from, or sunlight reaching, the primary viewing area or active use area of any other parcel of property within the City of Laguna Beach. Because the maintenance of views and sunlight benefits the general welfare of the entire City of Laguna Beach, any significant obstruction of views or sunlight from the primary viewing area or active use area constitutes a public nuisance. D. Criteria for Determining Significant Obstruction The following criteria are to be considered (but are not exclusive) in determining whether significant obstruction has occurred, 1. The extent of the obstruction of (pre-existing) views from, or sunlight reaching, the primary viewing area or active use area of the Complaining Party/Applicant both currently and at tree maturity. This may include foliage that is located totally on one property or when combined with foliage located on more than one property. 2. The quality of the views being obstructed, including obstruction of landmarks, vistas or other unique features. Action will only be taken on foliage that significantly impairs a view from the applicant s viewing area or active use area. Foliage that does not 7

8 significantly impair a view and is maintained at an agreed upon height may remain in the applicant s view frame providing it does not block sunlight The following criteria may be used to help determine whether a view is being significantly impaired by foliage: a. Foliage Position within a View Frame. Foliage that is located in the center of a view frame is more likely to be found to create significant view impairment than foliage located on the outer edge of a view frame. b. Single Component View vs. Multi-Component View. Some view frames contain a combination of different view components, such as a view of the ocean and city lights(multi-component view); while some view frames consist entirely of one component, such as a view of the ocean(single component view). Foliage that entirely obstructs one of the components of a multi component view is as likely to be found to create significant view impairment as foliage that impairs the same degree of view of a single component view. c. Prominent Landmarks. Greater weight should be given to prominent landmarks or other significant feature in the view frame such as Catalina Island, coastline and white water views, and city lights. Foliage that impairs a view of any landmark or feature is more likely to be found to create significant view impairment. 3. The foliage significantly impairing the view did not exist as view impairing vegetation when the lot from which the view is taken was created. 4. The removal or trimming of the foliage will not cause unreasonable infringement of the privacy of the occupants of the property upon which the foliage is located. a. The burden of proving an unreasonable infringement of indoor and/or outdoor privacy shall be on the foliage owner. Cases will be evaluated on a case by case basis. b. Given the variety and number of options which are available to preserve indoor privacy, greater weight generally will be given to protecting outdoor privacy than to protecting indoor privacy. 5. The extent to which the Applicant s views have been diminished over time by factors other than tree growth. /// 8

9 SECTION VI A. Criteria for Determining Appropriate Restorative Action When it has been determined that significant obstruction has occurred, then the following unweighted factors shall be considered in determining the appropriate Restorative Action: 1. The hazard posed by a tree(s) to persons or structures on the property of the Applicant including, but not limited to, diseased trees and foliage, trees and foliage that present a fire danger and trees and foliage that pose a risk of falling trees or limbs. 2. The variety of tree, its projected rate of growth and maintenance requirements. 3. Aesthetic quality of the tree(s), including but not limited to species characteristics, size, growth, form and vigor. 4. Location with respect to overall appearance, design, or use of the tree owner s property. 5. Soil stability provided by the tree(s) considering soil structure, degree of slope and the extent of the tree s root system. 6. Visual privacy and wind screening provided by the tree(s) to the tree owner and neighbor. 7. Energy conservation and/or climate control provided by the tree(s). 8. Wildlife habitat provided by the tree(s). 9. Cost of restorative action. B. Guidelines Concerning Restorative Actions Restorative Actions include but are not limited to the following: Trimming Thinning or windowing Crown raising or crown reducing 9

10 Topping off all vegetation except trees Tree height reduction by crown reduction Tree removal with replacement plantings Tree removal without replacement plantings In all cases, Restorative Action will include written conditions (including ongoing maintenance), and directions as to the timing of such actions and may be made to run with the land and apply to successors in interest. When removal with replacement plantings is required, replacement with an appropriate approved species is required. In cases where trimming, windowing, or other restorative action may affect the health of the tree which is to be preserved, such actions should be carried out in accordance with the standards established by the International Society of Aboriculture for use in the State of California. Procedures and Requirements. Restoration of Views Where Foliage is a Factor. SECTION VII A. Any resident owning a residential structure with a view may file an application with the city for a view restoration permit. The applicant shall file with the application proof that the applicant consulted, or attempted to consult, with the property owner whose foliage is in question. The applicant shall pay a fee for the view restoration permit as established by resolution of the city council. 1. Prior to the application being formally submitted for consideration to the View Restoration Committee, staff shall invite all involved parties to participate in mediation to attempt to resolve the disputed issues. The mediator shall be guided by the provisions of this chapter. The role of the mediator shall be advisory in nature and shall not be binding in establishing the preservation or restoration of views and/or sunlight access. Any agreement reached between the two parties as a result of the mediation process described herein shall be reduced to writing and signed by the mediator and all of the parties, and two copies shall be submitted to the director of community development. The city shall pay the mediator. 10

11 B. If mediation is unsuccessful, the application shall be submitted to the View Restoration Commission. Written notice of the time and place for the hearing on the application shall be sent to the applicant and the property owner(s) of the foliage involved at least thirty calendar days prior to the meeting of the commission. Commission members shall inspect the site prior to the public hearing. Only View Restoration Commission members who make a site inspection may participate in the public hearing. C. In order for a view restoration notice to be issued, the commission must find: 1. The applicant has complied with the early neighbor consultation process and has shown proof of cooperation on his/her part to resolve conflicts; 2. Foliage exceeding the ridge line of the primary structure, whichever is lower, significantly impairs a view from the applicant's viewing area, whether such foliage is located totally on one property, or when combined with foliage located on more than one property; 3. The foliage to be removed is located on property, any part of which is less than one thousand feet from the applicant's property line(s); 4. The foliage significantly impairing the view did not exist, as view impairing vegetation, when the lot from which the view is taken was created; 5. Removal or trimming of the foliage will not cause an unreasonable infringement of the privacy of the occupants of the property upon which the foliage is located; D. Should the commission make findings requiring issuance of a view restoration permit, the director shall send a notice to the property owner to trim, thin, window, crown, cull, lace or otherwise cause the foliage to be reduced to the ridgeline of the primary structure, whichever is lower, or such limit above that height which will restore the view. The property owner will have ninety calendar days to have the foliage removed. The applicant shall be responsible for the expense of the foliage removal and/or replacement ordered pursuant to this subsection only to the extent of the lowest bid amount provided by contractors licensed to do such work in the city of Laguna Beach and selected by the applicant. After the initial trimming, thinning, windowing, culling, lacing or removal of the foliage, the owner, at the owner's expense, shall be responsible for maintaining the foliage so that the view restoration required by the view restoration permit is maintained. E. To the extent legally permissible, trees or foliage on property owned by any governmental entity, except the city, shall be subject to view restoration control, as per the provisions of this section; except, that the foliage shall be trimmed or removed thirty calendar days following issuance of the notice. Trees and/or foliage located on city property, or in the 11

12 public right-of-way,, shall be subject to view restoration control, as per the provisions of this section, pursuant to a separate city tree review permit procedure. F. The View Restoration Commission may impose such reasonable conditions or restrictions on the approval of a view restoration permit as may be found to be appropriate or necessary to protect the public health, safety or welfare or the foliage owner's reasonable enjoyment of his or her property. Such conditions or restrictions may include, but are not limited to: (1) requiring the complete removal of the subject foliage when the commission finds that the trimming, culling, lacing or reducing of that foliage to the ridge line is likely to kill the foliage, threaten the public health, safety and welfare, or will destroy the aesthetic value of the foliage that is to be pruned or reduced in height, provided that the property owner consents to the removal; and (2) requiring replacement of such foliage when the commission finds that removal without replacement will cause a significant adverse impact on: (a) the public health, safety and welfare, (b) the privacy of the property owner, (c) shade provided to the dwelling or the property, (d) the energy-efficiency of the dwelling, (e) the health or viability of the remaining landscaping, or (f) the integrity of the landscape plan, provided that the property owner consents to the replacement. G. The applicant or the owner of the property where the foliage is located, may appeal the decision of the View Restoration Commission to the city council by filing with the city clerk a written notice of appeal, including the grounds for the appeal, and any specific action being requested by the appellant, together with the appeal fee established by resolution of the city council, within fifteen calendar days after the View Restoration Commission adopts the resolution setting forth its decision. The decision of the View Restoration Commission is final if no appeal is filed within fifteen calendar days. If such an appeal is timely and properly filed, a copy of the findings of the View Restoration Commission and all materials on file with the director shall be transmitted to the city council, which shall be part of the appeal hearing record, together with the notice of appeal and any other written materials submitted by interested parties. Additional written materials shall be submitted to the city clerk at least seven calendar days prior to the date that the appeal will be heard by the city council. 1. Upon receiving the notice of appeal, the city clerk shall schedule the matter for review at a forthcoming meeting of the city council. At the city council meeting, oral testimony shall be limited to five minutes in length for each of the parties whose properties are affected by the decision and two minutes per person for other individuals. Oral testimony shall be limited to the issues raised in the written appeal. At the conclusion of the oral presentation, the city council may do one of the following: 12

13 a. Affirm the decision of the View Restoration Commission and approve the application upon finding that all applicable findings have been correctly made and all provisions of this section are complied with; b. Approve the application but impose additional or different conditions as the city council deems necessary to fulfill the purposes of this section; c. Disapprove the application upon finding that all applicable findings cannot be made or all provisions of this section have not been complied with; or d. Refer the matter back to the View Restoration Commission to conduct further proceedings. The remanded proceedings may include the presentation of significant new evidence which was raised in conjunction with the appeal. The city council shall state the ground(s) for the remand and shall give instructions to the View Restoration Commission concerning any error found by the city council in the commission's prior determination. H. If, after ninety calendar days, the foliage has not been removed or trimmed in accordance with the requirements of a view restoration or view preservation permit, the city of Laguna Beach will authorize a bonded tree service to trim, cull, lace or remove the identified foliage at the owner's expense. In the event that the city is required to perform the work, the foliage owner will be billed for all city expenses incurred in enforcing the view restoration or preservation permit (including reasonable attorney's fees). If the property owner does not pay the city for the amount set forth on the invoice, the city may record a lien or assessment against the foliage owner's property. 13

14 City Tree Review Permit A. Purpose. This chapter provides a procedure for the pruning and/or removal of trees and/or foliage which are located on city property, a city easement or within the public right-of-way in order to protect the public health, safety and welfare by preventing the needless impairment of views from vista points and view lots. This chapter will reduce exposure to the city from injury or damage caused by trees and foliage, and will reduce ongoing maintenance costs of trees and foliage that interfere with significant views and/or which block sunlight. B. Approval Required. A city tree review permit is required prior to the pruning and/or removal of any tree and/or foliage, located on city property, a city easement or within the public right-of-way, for the purposes of view restoration. C. [RESERVED] D. City Tree Review Permit Application. Any person owning land in the city may file an application for a city tree review permit. An application for a city tree review permit shall be made to the director on forms provided by the city, and shall include the following items: 1. A completed application form signed by the property owner of the property where the view is impaired; 2. A plan or map, drawn to the satisfaction of the director, which clearly shows the location of each tree and/or foliage located on city property, a city easement, or within the public right-of-way that is impairing the view of the applicant; 3. A current photograph of the alleged view impairment taken from the applicant's viewing area; and 4. An application fee, as established by city council resolution. E. Review Criteria. The director or the director's designee shall either grant, or conditionally grant the city tree review permit if, after conducting an investigation of the applicant's property, it is determined that trees and/or foliage located on city property, a city easement or in the public right-of-way are significantly impairing a view from a viewing area of the applicant's lot. F. Conditions of Permit Issuance. In granting any approval under this section, the director may impose such conditions thereon as may be reasonably necessary to prevent danger to public or private property; to prevent the tree removal or pruning from being conducted in a manner that is likely to create a nuisance; or to preserve the intent of any goal or policy of the general plan. 14

15 No person shall violate any conditions so imposed by the director. Such conditions may include, but shall not be limited to, the following: 1. For a city tree and/or foliage that is located within the parkway and roadway median, or within any other city property or city easement (except city parks): a. A view-impairing tree and/or foliage shall be removed and replaced with a similar twenty-four-inch box size tree by the city. The city shall pay for all costs of tree and/or foliage removal and replacement. Trees and/or foliage that are removed shall not be replaced if the following conditions exist: i. The replacement tree or foliage will immediately cause a significant impairment of the view from the applicant's viewing area; ii. The director of public works determines a replacement tree would cause damage to the improvements in the public right-of-way (street, curb, sidewalk, etc.) or obscure traffic visibility or create an impediment to pedestrian access within the public right-ofway; b. The city shall make the final determination as to the type and number of replacement trees and/or foliage, if any. c. The applicant who has received notification of the director's decision files a written request to not remove the tree or foliage (within seven days of the notification), then the tree and/or foliage may be pruned instead of removed, provided the following conditions can be met: i. The director determines that the pruning of the subject tree and/or foliage will eliminate the significant impairment of the applicant's view; ii. The director determines that the pruning of the subject tree and/or foliage will not result in an unsightly tree and /or likely kill or weaken the tree; iii. The director of public works determines that the tree and/or foliage has not, and will not, cause damage to improvements in the public right-of-way (street, curb, sidewalk, etc.); iv. Upon receipt of the written agreement of the owner(s) of the property directly abutting or underlying the public right-of-way or parkway where the tree and/or foliage is located, the city and any of the parties who were notified pursuant to subsection (G)(1) of this section enter into an agreement that is recorded on the title of the agreeing party's property, binding that property owner and any future owners of that property to maintain the 15

16 trees and/or foliage so as to prevent future significant view impairment by such tree and/or foliage. The agreement between the city and the property owner shall specify the maximum time interval, as determined to be appropriate by the director, within which the property owner shall undertake and pay for such maintenance; v. Should the property owner, who has entered into an agreement with the city to maintain a city tree or foliage, within thirty days of receiving a notice from the city requesting maintenance, fail to adhere to the maintenance provisions of the agreement, then the city shall terminate the agreement and shall remove the subject tree(s)/foliage at the city's expense. 2. For trees and/or foliage located within a city park: a. If the city determines that the tree and/or foliage needs to be removed in order to restore the applicant's view, the city shall determine whether the tree and/or foliage shall be replaced, and shall make the final determination as to the type and number of replacement trees and/or foliage. b. If the city determines that the tree and/or foliage can be pruned to restore the applicant's view without damaging or killing the tree or foliage, the city shall maintain the tree and/or foliage so as to prevent future view impairment by the tree and/or foliage. c. The city shall pay for all costs of tree and/or foliage pruning, removal and/or replacement. The city shall make the final determination as to the type and number of replacement trees and/or foliage. Whenever work is to be performed, it shall be performed by the city. G. Notification. When the director makes a determination regarding a city tree review permit, written notice of the decision shall be given as follows: 1. When the foliage is located on a city street or easement, a notice of the determination to grant the application shall be sent to the applicant(s), and the ten closest adjacent properties including the owner(s) of the property directly abutting or underlying the public right-of-way where the subject tree(s) and/or foliage are located. Adjacent properties shall include the ten closest lots, which are on the same street, directly abutting and adjacent to the property where the tree and/or foliage are located. Notice of denial shall be given only to the applicant. 2. When the foliage is located in a city park, notice of the director's decision shall be given only to the applicant. 16

17 H. Appeals. Any interested person receiving notice of the director's decision may appeal the decision to the planning commission, in writing, within fifteen calendar days of the director's decision. The decision of the planning commission on such an appeal may be appealed to the city council. Any appeal must be accompanied by payment of the appropriate appeal fee, as established by city council resolution. No city tree review permit shall be effective until all applicable appeal periods have been exhausted. 17