§ 8178-7.5.1.1. Planned Development Permit findings.

a.

A Planned Development Permit may be approved only when the applicable decision-maker makes one or more of the following findings, as applicable:

1.

The proposed project conforms to the development standards in Section 8178-7.4.

2.

The proposed project is sited and designed to avoid the removal or transplantation of protected trees except as allowed by this Section 8178-7 and where no feasible alternative exists that would avoid or further minimize the removal, transplantation, or damage to protected trees.

3.

To the maximum extent feasible, the proposed project is sited and designed to avoid any encroachment into the protected zone of a protected tree that would lead to the decline or death of the protected tree.

4.

The adverse impact of tree removal, tree transplantation, or encroachment in the tree protected zone cannot be avoided because such impacts cannot be reduced or avoided through a feasible alternative.

5.

All feasible mitigation measures that would substantially lessen any damage to protected trees were incorporated into the approved project through project design features or conditions of approval.

b.

In addition to the required findings in subsection "a" above, one or more of the following findings may be used to substantiate the reason for removal, transplantation, or encroachment of a protected tree:

1.

A protected tree's continued existence in its present form or location denies reasonable access to the subject property or denies the development of the principal permitted use that is the minimum necessary to provide a reasonable economic use of the property.

2.

The location of a protected tree prevents the continuation or safe operation of an existing utility service and there are no feasible alternatives that would eliminate or reduce the impacts.

3.

The protected tree(s) proposed for removal has a debilitating disease or is in danger of falling, and such conditions cannot be remedied through preservation procedures and practices, and the tree(s) is located in an area where falling limbs or trunks would be a danger to persons or property (i.e., existing structures).

4.

The alteration or removal of a protected tree is required for a public works project that entails the repair and/or maintenance of drainage devices and road-side slopes and is the minimum design necessary to protect existing public roads.

(Ord. No. 4492, § 6, 6-21-2016)