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HomeMy WebLinkAboutOrd 15982 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 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 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -4- 1 2 3 4 5 6 7 8, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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). -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 m 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 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 -7- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -8- City Clerk