§ 13.32.090. Review of Permit Application - General.

A.

The provisions of this Section shall apply to tree removal permit applications for trees that are not Unsuitable Trees as defined in Section 13.32.200, subject to the provisions of Section 13.32.095.D below.

B.

The Director shall conduct an investigation on each application for a tree removal permit accepted for filing.

C.

Each such investigation shall include the preparation by the Director of a written tentative decision on the application and the mailing of a copy of the written tentative decision, to: (1) the applicant, and (2) the owners and occupants of property contiguous to the parcel upon which the tree or trees proposed to be removed is or are located or directly across a public street which abuts such parcel.

D.

The written tentative decision shall include instructions for any person desiring to request a hearing to file a request for hearing by the date specified in the tentative decision, which date shall be not less than ten (10) calendar days after the tentative decision mailing date.

E.

The applicant shall post a copy of the written tentative decision, including the hearing request instructions, on the parcel on which the subject tree is located as follows:

1.

The copy of the written tentative decision shall be a minimum size of eight and one-half (8.5) by eleven (11.0) inches, posted at each public street frontage within two (2) feet from the public right-of-way, and posted in such a manner that the written tentative decision is readable from the public right-of-way; or

2.

If the parcel that is the subject of the written tentative decision does not have a public street frontage, a copy of the written tentative decision shall be posted at a location where the permit is readable from a common access driveway or roadway.

3.

The applicant shall post the copy of the written tentative decision within five (5) calendar days of the date of mailing of the written tentative decision.

F.

The applicant shall provide written certification to the Director that the tentative written decision and hearing request instructions have remained posted on the subject tree for a period of at least five (5) calendar days.

G.

The Director shall not act upon any tree removal permit application until the time has elapsed for requesting a hearing.

H.

If a request for hearing is filed on or before the date specified in the notice of tentative decision, notice of the time and place of the hearing shall be mailed to: (1) the applicant, postage prepaid at the address shown for such purposes on the application; (2) such owners postage prepaid at their last known address as the same appears upon the last equalized assessment rolls of the County of Santa Clara; (3) such occupants postage prepaid at the address of the parcel on which the said tree or trees to be removed is or are located and at the address of the parcel directly across the public street which abuts such parcel on which said tree or trees is or are located; and (4) to any other interested person who has requested hearing, as the address shown in their request for hearing. All such notices shall be mailed at least five (5) days before the date on which the applicant, owners, occupants and others requesting a hearing will be heard.

I.

The form of the notices shall be as prescribed by the Director.

J.

As an alternative to the tree removal application process, an applicant may apply for a special use permit. A special use permit application for tree removal shall follow the process set forth in Part 7 of Chapter 20.100 of Title 20 of this Code.

(Ords. 26595, 29195, 30057.)