Chapter 12.36 TREE PRESERVATION AND PROTECTION
Section 12.36.190 Performance security.
A. Adequate security may be required
for any project for which a permit or other approval is
required pursuant to the provisions of this chapter or the zoning code. The purpose of such
security shall be to guarantee the applicant's compliance with conditions of approval and the
provisions of this chapter regarding tree protection and preservation. Security may also be
required at the discretion of the approving body to ensure the completion of any additional work
specified as a condition of permit approval or other approvals. Security may be required to
guarantee survival of plant materials for a period of one year, or such longer period as may be
required by the approving body, and to guarantee replacement of such plant materials that do not
survive for the prescribed time.
B. The security shall be in the amount
of ten to one hundred percent of the estimated cost of
the required work as determined by the approving body or the director of public works.
C. The security may be in the form
of a letter of credit, cash deposit, or a combination
thereof and shall be approved by the city attorney.
D. The terms and conditions of the
security shall be determined by the approving body and
shall be stated in the conditions of approval.
E. Security posted on actual work
required shall be maintained for a period of time not to
exceed five years.
F. Any interest earned on cash security
posted shall accrue to the applicant or his or her
designee.
G. Prior to the release of security,
the consulting engineer for the project shall certify on a
form to be provided by the director of public works that the grading within driplines of trees to
be retained has been completed in conformance with the requirements of Section 12.36.130 of
this chapter, and any conditions imposed by the approving body or the director of public works.
(Ord. 455 § 2 (part), 1991)