HomeMy WebLinkAboutOrd 15982
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ORDINANCE NO.
ORDINANCE OF THE CITY OF BURLINGAME
AMENDING CHAPTER 11.06 OF THE MUNICIPAL CODE TO CLARIFY ITS
PROVISIONS AND ESTABLISH A CLEAR APPEAL PERIOD FOR PERMIT
APPLICATIONS
The CITY COUNCIL of the CITY OF BiJRLINGAME does
hereby ordain as follows:
Section 1. Chapter 11.06 is amended to read as follows:
Chapter 11.06
URBAN REFORESTATION AND TREE PROTECTION
11.06.010
or
Purpose and intent.
11.06.020
Definitions.
11.06.030
Nomination and listing of protected trees.
11.06.040
Emergencies.
11.06.050
Prohibitions and protections.
11.06.060
Notices and permits required for removal
protected trees.
11.06.070
Decision by director.
11.06.080
Appeal.
11.06.090
Tree requirements and reforestation.
11.06.100
Penalty.
11.06.010 Purpose and intent.
work significantly affecting
The City of Burlingame is endowed and forested with a variety of healthy and
valuable trees which must be protected and preserv
ed. The preservation of these trees is
essential to the health, welfare and quality of life of the citizens of the city because these trees
preserve the scenic beauty of the city, maintain ecological balance, prevent erosion of top
soil, counteract air pollution and oxygenate the air, absorb noise, maintain climatic and
microclimatic balance, help block wind, and provide shade and color. For these same
reasons, the requirement of at least one tree, exclusive of city -owned trees, on every
residential lot in the city should be part of the permit process for any construction or
remodeling.
It is the intent of this chapter to establish conditions and regulations for the removal
18 II and replacement 01 existing trees and the installation of new trees in new construction and
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development consistent with these purposes and the reasonable economic enjoyment of
private property.
11.06.020 Definitions.
Terms used in this chapter shall be defined as follows:
(a)
"Commission"
means
the Beautification
Commission of the City
of Burlingame.
(b)
"Department"
means
the Parks and
Recreation Department
of the City of
Burlingame.
(c) "Development or redevelopment" means any work upon any property in the City
of Burlingame which requires a subdivision, variance, use permit, building permit or other
approval or which involves excavation, landscaping, or construction in the vicinity of a protected
tree.
(d) "Director" means the Director of Parks and Recreation of the City of Burlingame.
(e) "Landscape tree" means a generally recognized ornamental tree and shall exclude
fruit, citrus, or nut -bearing trees.
(f) "Protected tree" means:
(1) Any tree with a circumference of 48 inches or more when measured 54 inches above
natural grade; or
(2) A tree or stand of trees so designated by the city council based upon findings that
it is unique and of importance to the public due to its unusual appearance, location, historical
significance or other factor; or
(3) A stand of trees in which the director has determined each tree is dependent upon
I the others for survival.
(g) "Pruning" means the removal ofmore than one third ofthe crown or existing foliage
of the tree or more than one third of the root system. Pruning done without a permit or which
does not conform to the provisions of a permit shall be deemed a removal.
(h) "Removal" means cutting to the ground, extraction, killing by spraying, girdling, or
any other means.
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11.06.030 Nomination and listing of protected trees.
Nomination for protected tree status under Section 11.06.020(f)(2) may be made by any
citizen. The commission shall review such nominations and present its recommendations to the
ciLy council for designation.
A listing of trees
so
designated, including the
specific locations thereof shall be kept by
the department and shall
be
available for distribution
to interested citizens.
The city council may remove a designated tree from the list upon its own motion or upon
requestI Requests for such action may originate in the same manner as nominations for protected
tree status.
11.06.040 Emergencies.
In the event that an emergency condition arises whereby immediate action is necessary
because of disease, or danger to life or property, a protected tree may be removed or altered by
order of the director or, if the director is unavailable, a responsible member of the police, fire,
parks and recreation, or public works department. In such event, a report shall be made to the
commission describing the conditions and necessity of such an order.
11.06.050 Prohibitions and protections.
(a)
No protected
tree
shall be removed from any parcel without a permit except as
provided in
Section 11.06.040.
(b) The following conditions shall be observed during construction or development of
property:
(1) Protected trees are to be protected by a fence which is to be maintained at all times;
(2) Protected trees that have been damaged or destroyed by construction shall be
replaced or the city shall be reimbursed, as provided in Section 11.06.090;
(3) Chemicals or other construction materials shall not be stored within the drip line of
protected trees;
(4) Drains shall be provided as required by the director whenever soil fill is placed
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around protected trees; and
(5) Signs, wires or similar devices shall not be attached to protected trees.
11.06.060 Notices and permits required for removal or work significantly affecting
protected trees.
(a) Removal or pruning. Owners, or their authorized representative, ofprotected trees
on public or private property shall obtain a permit to remove or prune a protected tree. The
application shall be on a form furnished by the department and shall state, among other things,
the number and location of the tree(s) to be removed or pruned by type(s) and the reason for
removal or pruning of each. The application shall also include a photograph with correct
botanical identification of the subject tree or tree(s). An authorized representative of the
department shall make an inspection of the tree(s) and shall file a written report and his
recommendations to the director.
(b) Educational conference before work commences. After receipt of an application,
the director may require an educational conference to inform the owner of potential alternatives
to the proposed removal or pruning.
(c) Removal or pruning of
protected trees on undeveloped or redeveloped property.
When an application for development or redevelopment of a propert
y containing one or more
protected trees is filed in any office or department of the city, the person making such an
application shall file a site plan showing the location of buildings or structures or of proposed
site disturbances, and the location of all trees. The director shall determine if all protected trees
are shown. An authorized representative of the department shall make an inspection and shall
file a report of his findings and recommendations to the director.
Subject to the replacement provisions of Section 11.06.090, the director shall approve
the removal of protected
trees within the footprint of approved construction in the R-1 zone,
which construction does not require avariance or special permit under Chapter 25 of this code.
The notice and appeal provisions of Section 11.06.070 and 11.06.080 shall not apply to such
approvals.
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(d) Review. In reviewing applications, the director shall give priority to those based on
hazard or danger of disease. The director may refer any application to another department,
committee, board or commission of the city for a report and recommendation, and may require
the applicant to provide an arborist's report. In reviewing each application, the director shall
determine:
(1) The condition of the trees) with respect to disease; danger of falling; proximity to
existing or proposed structures, yards, driveways and other trees; and interference with public
utility services;
(2) The necessity to remove the trees) in order to construct any proposed
improvements to allow economic enjoyment of the property;
(3) The topography of the land and the effect of the removal of the trees) on erosion;
soil retention; and diversion or increased flow of surface waters;
(4) The number of trees existing in the neighborhood on improved property and the
effect the removal would have on the established standard of the area and property value.
Neighborhood is defined as the area within a 300 -foot radius of the property containing the
tree(s)in question;
(5) The number oftrees the particular parcel can adequately support according to good
arboricultural practices;
(6) The effect tree removal would have on wind protection, noise and privacy; and
(7) The economic consequences and obligations of requiring a tree to remain.
11.06.070 Decision by director.
A decision shall be rendered by the director for each application. If an application is
approved, it shall include replacement conditions in accordance with Section 11.06.090. The
director shall give written notification of the decision to the applicant and all property owners
within 100 feet of the property containing the tree(s) in question, and include a copy of the city
Urban Reforestation and Tree Protection Ordinance (Chapter 11.06).
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11.06.080 Appeal.
Any person may appeal the decision of the director to the commission by filing an appeal
in writing with the director no later than 5:00 p.m. of the tenth calendar day after the decision.
The director shall set the matter for review by the commission at its next regular meeting and
provide notice by mail of the commission hearing to the appellant and applicant at least five days
prior thereto.
The determination of the commission shall become final and conclusive in ten days if no
appeal is filed. Destruction, removal or other work on a protected tree shall not commence until
after the ten-day period has passed, or, if any appeal is filed, until the decision of the city council.
During the period between the action of the commission and the end of the ten-day appeal
period, any person may appeal such action to the city council. Such appeal shall be in writing
and shall be filed with the city clerk. During the same period the city council, on its own motion,
may suspend the order of the commission for the purpose of reviewing the action of the
commission. A permit shall be valid for six months after the date it is issued. Under exceptional
circumstances, the director may issue one six-month extension.
11.06.090 Tree requirements and reforestation.
(a) Whenever the development or redevelopment of a single family home, duplex,
apartment house or condominium results in any increase in lot coverage or habitable space (as
defined by Chapter 25 of this code), the propert
y shall be required to meet the following
requirements:
(1) One landscape tree for every 1000 square feet of lot coverage or habitable space for
single family homes or duplexes;
(2) One landscape tree for every 2000 square feet oflot coverage for apartment houses
or condominiums.
Lot coverage and habitable space shall include both existing and new construction. The
director shall determine the number of existing trees which are of an acceptable size, species and
location to be counted toward this requirement. Any additional trees which are required shall
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On
meet the standards for replacement trees set forth in subsection (b) below.
(b) Permits for removal of protected trees) shall include replanting conditions with the
following guidelines:
(1) Replacement shall be three 15 -gallon size, one 24 - inch box size, or one 36-i11ch box
size landscape trees) for each tree removed as determined below.
(2) Any tree removed without a valid permit shall be replaced by two 24 -inch box size,
or two 36 -inch box size landscape trees for each tree so removed as determined below.
(3) Replacement of a tree be waived by the director if a sufficient number of trees exists
on the property to meet all other requirements of the Urban Reforestation and Tree Protection
ordinance.
(4) Size and number of the replacement trees) shall be determined by the director and
shall be based on the species, location and value of the trees) removed.
(5) If replacement Yrees, as designated in subsection (b)(1) or (2) above, as applicable,
cannot be planted on the property, payment of equal value shall be made to the city. Such
payments shall be deposited in the tree planting fund to be drawn upon for public tree planting.
11.06.100 Penalty.
In addition to any other penalties allowed bylaw, any person removing or pruning a tree
in violation of this ordinance is liable to treble damages as set fort
h in Section 733 of the Code
of Civil Procedure of the State of California. Damages for this purpose shall be replacement
value of the tree as determined by the International Society of Arboriculture Standards.
Section 3. This ordinance shall be publ'shed as required bylaw
i
r Mayor `
I, J(JDITH A. MAI,FATTI, City Clerk of the City of Burlingame, do hereby
certify that the foregoing ordinance was introduced at a regular meeting of the City Council
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held on the 6th day of ,July-, 1998, and adopted thereafter at a regular meeting of the City
Council held on the 20' day of July, 1998, by the following vote:
AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, OWAHONY,
SPMELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
C:\W P51\FILES\ORDINANC\treeprotec2.p&r.wpd
July 7, 1998
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City Clerk