HomeMy WebLinkAboutOrd 1057as follows:
O ZDINANCE NO,
APIEPIDIPIG CHAPTER 11.06 OF TITLE 11
OF THE ;'2UNICIPAL CODE CONCERNING
HERITAGE TREES
The City Council of the City of Burlingame does ORDAIN
Section 1. Chapter 11.06 of the P'lunicipal Code of the
City of Burlingame is hereby amended to read and provide as
follows:
"CHAPTER 11.06
HE RITAGE TREES
Sections:
11.06.010 Purpose and intent
11.06.0 20 Definitions
11.06.030 Compliance required
11.06.040 Heritage Trees: Designation
11.06.050 Emergencies
11.06.060 Notices and permits required for removal
or work significantly affecting "eritage
Trees
11.06.070 Finality of decisions - Appeal
Suspension of order pending appeal
11.06.010 Purnose and intent.
In enacting this Chapter, the City Council desires
that certain trees
11.06.non
growing in
the City of
Burlingame
receive protection
from removal
or significant
damage.
The purpose of this
Chapter is
to promote
public interest
and appreciation of
the vital
asset that
trees provide in
this City and to establish
the
status of
'Heritage Tree'
forcertain exemplary
trees in
this City.
Definitions.
For the purposes of this Chapter, the following words
and phrases shall have the meanings respect�_vely ascribed
to them by this section:
(1) COUiICIL shall mean the Burlingame City Council;
(2) COi-Z^?ISSIO`I shall mean the ?�urlingame
Beautification Commission;
-1-
11/18/75
(3) DEPAR'I'IYIENT shall mean the City of Burlingame
Park Department;
(4) DIRECTOR shall mean the Director of the
Burlingame Park Department;
(5) HERITAGE TREE shall include any tree growing
on public or private property meeting the
criteria set forth in this Chapter; and
(6) PUBLIC PROPERTY is any property owned or
controlled by any public agency or political
subdivision and shall be construed to include
designated rights-of-way.
11.06.030 Compliance required.
It shall be unlawful for any person to remove,
perform, or cause to be performed any work that would
tend to injure, deface, mutilate, destroy, kill, or
substantially reduce in size, any tree designated by
this Chapter as a Heritage Tree, except as is authorized
in this Chapter.
11.06.040 Heritage Trees: Designation.
The City Council may designate trees growing in the
City to be Heritage Trees when it finds such trees by
their historic significance, character, age, beauty,
rarity, or other special characteristics warrant special
recognition. Nomination for Heritage Tree status may
be made by any citizen with the consent of the property
owner. The Commission shall review such nominations and
present their recommendations to the Council for designa-
tion.
11.06.041 Heritage Trees: Records.
A listing of trees designated as Heritage Trees,
including the specific locations thereof, shall be kept
by the Department.
The
list of
Heritage Trees shall be
kept current
by t' -ie
Department
.
-2-
A current list of Heritage Trees, their description
and location shall be available for distribution to
interested citizens.
11.06.042 Heritage Trees: Change of status.
Trees previously designated as Heritage Trees may,
from time to time, be removed from the list due to safety,
or
other
reasons,
by
action of
the Council. Requests
for
such
action
may
originate
in the same manner as
nominations for Heritage Tree status.
11.06.050 Emergencies.
In the event that an emergency condit__on arises
whereby immediate action is necessary because of disease,
or danger to life or property, a Heritage Tree may be
removed or altered by order of the Director or responsible
member of the police, fire or public works department.
In such event, a report shall be made to the Commission
describing the conditions and necessity of such an order
for review by the Commission and by the Council.
11.06.060 Notices and�eermits re uired for removal or
work significant y a ecting Heritage Trees.
(a) Removal and significant work above or below
round on public or private property. Owners, or their
authorized representative, of Heritage Trees on public or
private property shall obtain a permit to remove or to do
work signficantly affecting the above -ground portions
or the roots of such trees before work commences. Normal
pruning shall not be classified significant work unless
it affects the basic health or appearance of the tree.
The application shall be on a form furnished by the
Department. An authorized representative of the
Department shall make an inspection of the
12/3,/75 -3-
tree and shall file a written report and his recommenda-
tions to the Director within five (5) business days.
The Director, within ten (10) business days of receiving
the application, shall inform the owner in writing of
his recommendation.
(b) Educational conference before significant work
commences. Before a permit has been issued, the Depart-
ment may require an educational conference that will inform
the owner of potential hazards to trees from such activities
and of possible alternatives which may prove less injurious.
After this educational conference, if one is needed,
application for a permit may be made.
(c) P.emoval or sign:i_ficant work affecting Heritage
Trees
on undeveloped
or redeveloped
property. The
removal
or the
performance of
work on or
around
a Heritage
Tree
that nay
injure such
tree shall
require
a permit.
When
application for development or redevelopment of a property
containing a Heritage Tree is filed in any office or
department of the City, the person making such application
shall file a site plan showing the location of buildings
or structures or of proposed site disturbances, and the
location
of Heritage
Trees.
The
Director
shall determine
if all Heritage
Trees
are
shown.
Prior to
issuance of any
permit when Heritage Trees may be removed or where
significant damage may result above, at, or below ground
level, the Department shall be notified and shall be
provided with a copy of the site plan. An authorized
representative of the Department shall make an inspection
and shall file a report of his findings and recommendations
to the Director. The Director shall forward this report
and his reco-inrendation to the Co=ission. The Commission
shall act unon the recommendations at its next regular
meeting unless a special meeting is called.
-4-
(d) The director shall review each application
and shall determine.
(1) The condition of the tree or trees with respect
to disease, dan er or falling, proxy to
existing or proposed structures,yards, drive-
ways and other trees, and interference with
public utility services.
(2) The necessity to remove the tree or 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 tree or trees on erosion, soil
retention and diversion of increased flow of
surface waters.
(4-) The effect the removal- would have on the establish-;;
ed standard of the area and the property values.
(5) The effect tree removal would have on wind
protection, noise and privacy.
(6) The economic consequences and obligations of
requiring a tree to remain.
(e) The Director's recommendation
of approval of a
permit to remove or do significant work on a Heritage Tree
shall be heard and acted upon by the Commission. The
recommendation or approval by the Director of a permit
to remove, destroy or do significant work shall be acted
upon by the Commission no later than the next regularly
scheduled meeting of the Commission, or at any meeting
thereafter to which the matter may be continued.
(f) An appeal of the decision of the Director denying
any permit to remove, destroy or do signficant work may be
made within five (5) business days after receipt of the
-5-
Director's recommendation, and such appeal shall be
acted upon at the next regular meeting of the Commission,
or at a meeting called for that purpose or at any meeting
thereafter to which the matter may be continued.
11.06.070 Finalit
paragraph, sentence,
of decisions
- A weal - Suspension
ot
Chapter, or
order
for any
5endinF
to be uncon-
ai;�ea
.
The determination and order of the Commission shall
become final and conclusive upon the ajournment of the
City Council at its next succeeding regular meeting if
no appeal is filed. Destruction, removal or other work
on a Heritage Tree shall not commence until after the
C of said City Council meeting or, if any
appeal is filed, until after the decision of the City
Council. During the period between the action of the
Commission and the adjournment of the next succeeding
regular meeting of the Council, 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 Council, on its own motion,
may suspend the order of the Commission for the purpose
of reviewing the action of the Commission."
Section 2. The owner of any tree designated to be a
Heritage Tree prior to the effective date of this ordinance may,
within sixty (60) days after the effective date of this ordinance,
request such designation be removed. The tree shall thereupon be
removed from all listings of Heritage Trees.
Section 3. Severability. If any section, subsection,
subdivision,
paragraph, sentence,
clause
crP ::rase of
this
Chapter, or
any part thereof, is
for any
reason 'tte.c
to be uncon-
stitutional
or invalid, or ineffective
by any court
of competent
jurisdiction,
such decision shall
not
affect the validity
or
-6-
effectiveness of the remaining portions of this Chapter or any
part thereof. The City Council hereby declares that it would
have passed each section, subsection,subdivision, paragraph,
sentence, clause or phrase thereof irrespective of the fact that
any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases be declared unconstitutional or
invalid or ineffective.
Section 4. Publication. This ordinance shall be
published as required by law,
HERBERT K. L7HITE, City Clerl: of the City of Bur lingarne,
does hereby certify that the foregoing ordinance was introduced at
a regular meeting of the City Council held on the day of
December, 1975, and adopted thereafter on the day of
197 ;
_AYES: COU^ICILMEN: .. • - _
iIOES: COUNCILMEN:
COUT.JCILiE
N:
HERBERT K. bdIiITE, City Clerk
-7-
Dept}'Ey City Cleric