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of placing this task on the developer is to insure that a single entity, instead of a series of <br />future property owners, is made responsible for ensuring tree planting and establishment <br />occurring within the street right-of--way. While a developer may include City imposed <br />PUD conditions in the CC&Rs the Ciry does not directly participate in the establishment <br />or enforcement of CC&Rs. CC&Rs are used by the developer to set and communicate <br />development conditions on future use of the private lots prior to their sale. In addition, <br />since the right-of--way is not a part of the private lot, CC&Rs are not. valid for placing <br />conditions on facilities within tl~e public right-of--way. <br />Comment 17: It seems that this issue could be handled much less expensively if <br />it were treated the same as weeds on vacant properties, wherein the City notifies the <br />owners of noncompliance and if not corrected, the City. acts. <br />Fin in :The. program referenced for control of "weeds" on vacant properties is <br />a code enforcement program intended to reduce the potential fire hazard during .the <br />summer by requiring removal of uncontrolled vegetation. It is impracticable to recover <br />the costs of inspection of all vacant lots within the City solely from those where violations <br />are found to exist. Therefore, the "weed" program does not have the ability to recover <br />the full costs associated with providing the service. . <br />in contrast, the tree planting program implemented by these administrative rules <br />is intended to ensure that development standards and the goals of the Local Street Plan and <br />Urban Forest Management Plan are met. The benefitted properties of street tree planting <br />are easily identified and the program is designed to fully recover all costs associated with <br />providing the service. <br />Comment 18: The local arborist is prejudiced against perhaps the most popular <br />street tree in America (flowering or ornamental pear) which nurseries can't grow fast <br />enough. <br />Fin in The Urban Forestry Management Plan policy # 1 states "the City will <br />plant trees on public property that have potential for good performance and will, over <br />time, achieve a diversity of species for greater stability of the urban forest" and Proposed <br />Action #10.1 states, "Develop standards for minimum area requirements to ensure that <br />trees of differing mature size classes can thrive along new and widened streets." The <br />flowering pear is a popular street tree and it is on the .approved street tree species list. <br />Due to the need of species diversity, proper selection. for the site, and the planting of large <br />canopy trees along with smaller trees the flowering pear is not recommended for all <br />situations. The flowering pear is a smaller tree with minimum canopy and it is `identified <br />to be used where appropriate in sites that have little room, are. under wires or where a <br />under story canopy tree is more appropriate. As with the Elm tree and the Bradford Pear, <br />the flowering pear is now banned by many cities and we have to be very careful not to <br />over plant one species just because it is popular.. <br />Administrative Order - 6 <br />