HomeMy WebLinkAboutOrd 1019ORDINANCE NO. 1019
ADDING CHAPTER 11.06 TO TITLE 11
(TREES AND VEGETATION)
OF THE MUNICIPAL CODE AND
REGULATING DISTINCTIVE AND HERITAGE TREES
The City Council of the City of Burlingame does ordain
as follows:
Section l: Amendment. The Municipal Code of the City
of Burlingame is hereby amended by adding Chapter 11.06 to Title
11 (Trees and Vegetation) which shall read and provide as follows:
"CHAPTER 11.06
DISTINCTIVE AND HERITAGE TREES
Sections:
11.06.010
Purpose and intent
11.06.020
Definitions
11.06.030
Compliance required
11.06.040
Designation of distinctive trees
11.06.050
Heritage trees: Designation
11.06.051
Heritage trees: Records
11.06.052
Heritage trees: Change of status
11.06.060
Emergencies
11.06.070
Notices and permits required for removal ox
work significantly affecting Heritage or
Distinctive Trees
11.06.080
Appeals
The
City
Council of the City of Burlingame does ordain
as follows:
§ 11.06.010 PURPOSE AND INTENT.
(a) In enacting this Chapter, the City Council directs
that certain trees growing in the City of
Burlingame are to re-
ceive protection from removal or signcant 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
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the status of 'Heritage Treeof certain exemplary trees in this
City.
(b} In enacting this Chapter, the City Council finds
that this City is primarily a residential community and that the
economics of property values is inseparably connected with the
rural attractiveness of the area, much of which is contributed by
the wooded hillsides and the native and ornamental trees scattered
throughout the City.
(c) The wanton destruction of trees injures -the scenic
beauty of the City; causes erosion of top soil; creates flood
hazard and risk of landslides; reduces property values; increases
the cost of construction and maintenance of drainage systems
through the increased flow and diversion of surface waters; and
eliminates one of the primary producers of oxygen.
(d) For these reasons, the Council of the City of
Burlingame finds it is in the public interest, convenience and
necessity to enact regulations controlling the removal of or alter
ation of Distinctive or Heritage trees within the City in order to
retain as many trees as possible consistent with economic enjoymen
of private property.
§ 11.06.020 DEFINITIONS.
For the purposes of this Chapter, the following words
and phrases shall have the meanings respectively ascribed to them
by this section:
(1) COUNCIL shall mean the Burlingame City Council;
(2) COMMISSION shall mean the Burlingame Beautifica-
tion Commission;
(3) DEPARTMENT shall mean the City of Burlingame Park
Department;
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(4) DIRECTOR shall mean the Director of the Burlingame
Park Department;
(5) DISTINCTIVE TREE shall include any tree growing on
public or private property that meets the criteria
set forth in this Chapter. Trees now in existence
or trees that may become extant at any time in the
future shall become Distinctive Trees when they
meet the criteria set forth in this Chapter.
(6) HERITAGE TRF,E shall include any tree growing on
public or private property meeting the criteria set
forth in this Chapter.
(7) 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 COMPZIANCE REQUIRED.
It shall be unlawful for any person to remove, perform,
or cause to perform any work that would tend to injure, deface,
mutilate, destroy, kill, or substantially reduce in size, any tree
designated by this Chapter as either a Distinctive or Heritage
Tree except as is authorized in this Chapter.
§ 11.06.040 DESIGNATION OF DISTINCTIVE TREES,
Trees growing in the City shall be designated as
'.Distinctive Trees when they meet the requirements of one of the
following categories:
(1) Any species of tree, except those listed below,
shall
be designated
as a
Distinctive Tree when
such
trees attain a
trunk
circumference of nine-
teen (19) inches at twenty-four (24) inches above
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natural ground level.
(2) The following fast growing trees, Ailanthus
altissima, Catalpa bignoniodes, Juglans Species,
Populus Species, Salix Species, Monterey Pine
(Pinus radiata), Monterey Cypress (Cupressus
macrocarpa), Eucalyptus Species, Acacia Species,
when such trees attain a trunk circumference of
thirty eight (38) inches at twenty-four (24)
inches above natural ground level.
� 11.06.050
HERITAGE
TREES:
DESIGNATION.
The
City
Council may
designate
trees growing in the Ci
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 status may be made by any citizen. The Commission shall
review such nominations and present their recommendations to the
Council for designation.
§ 11.06.051 HERITAGE TREES: RECORDS.
A listing of trees designated as Heritage Trees includ-
ing the specific locations thereof shall be kept by the Department.
The list of Heritage Trees shall be kept current by the Department
and shall be reviewed annually by the Comm
ission.
A current list of Heritage Trees, their description and
location shall be available for distribution to interested citi-
z
ens.
§ 11.06.052 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
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reasons,
by
action of
the Council. Requests
for
such action may
originate
in
the same
manner as nominations
for
Heritage Tree
status.
§ 11.06.060 EMERGENCIES.
In the event that an emergency condition arises whereby
immediate action is necessary because of danger to 1i£e or pro-
perty, a Heritage or Distinctive 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.
§ 11.06.070 NOTICES AND PERMITS REQUIRED FOR REMOVAL OR
WORK SIGNIFICANTLY AFFECTING HERITAGE OR
DISTINCTIVE TREES.
(1) REMOVAL AND SIGNIFICANT WORK ABOVE OR BELOW GROUND
ON PUBLIC OR PRIVATE PROPERTY. Owners, or their authorized repre
sentative, of Heritage or Distinctive Trees on public or private
property shall obtain a permit to remove or do work significantly
affecting the above -ground portions or the roots of such trees be-
fore work commences. The application shall be on a form furnished'
by the Department. An authorized representative of the Department'
shall make an inspection of the tree and shall file a written re-
port and his recommendations to the Director within five (5)
business days. The Director, within ten (10) business days of re
ceiving the application,shall inform the owner in writing of his
recommendation.
(2) EDUCATIONAL CONFERENCE BEFORE SIGNIFICANT LVORK
COMMENCES. Before permit has beenissued, the Department may re-
(quire an Educational Conference that will inform the owner of
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potential hazards to trees from such activities and of possible
alternatives which may prove less injurious. After this Educa-
tional Conference, if one is needed, application for permit may be
made.
(3) REMOVAL OR SIGNIFICANT WORK AFFECTING HERITAGE OR
DISTINCTIVE TREES ON UNDEVELOPED OR REDEVELOPED PROPERTY. The
removal or the performance of work on or around a Distinctive or
Heritage Tree that may injure such trees shall require a permit.
When application for development or redevelopment of property 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 distrubances, and the
location of Distinctive and Heritage Trees. The Director shall
determine if all Heritage or Distinctive Trees are shown. Prior
to issuance of any permit when Heritage or Distinctive 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 representa-
tive 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 recommendation to the
Commission. The Commission shall act upon the recommendations at
its next regular meeting unless a special meeting is called.
(4) THE .DIRECTOR SHALL REVIEW EACH APPLICATION AND
SHALL DETERMINE:
A. The condition of
the tree or
trees with
respect to
disease, danger
of falling,
proximity to
existing
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or proposed structures and other trees, and inter-
ference with Public Utility services.
B. The necessity to remove the tree or trees in order
to construct any proposed improvements to allow
economic enjoyment of the property.
C. The topography of the land and the effect of the re-
moval of the tree or trees on erosion, soil reten-
tion and diversion or increased flow of surface
waters.
D. The effect
the
removal would
have on
the established
standard of
the
area and the
property
values.
E. The effect
tree
removal would
have on
wind protec-
tion, noise and privacy.
(5) THE DIRECTOR'S RECOMMENDATION OF APPROVAZ OF A
PERMIT TO REMOVE OR DO SIGNIFICANT WORK ON A HERITAGE OR DISTINC-
TIVE TREE SHALL BE HEARD AND ACTED UPON BY THE COMMISSION. The
recommendation of approval by the Director of a permit to remove,
destroy or do significant work shall be acted upon by the Commis-
sion no later than the next regularly scheduled meeting of the
Comm
ission, or at any meeting thereafter to which the matter may
be continued. Notice of approval of a permit by the Commission
shall be forwarded to the Council. Destruction, removal or other
work on Heritage Trees may not commence until the Council has had
an opportunity to review the approval of the Commission. The
Council may approve the action of the Commission, or, after hear-
ing, may modify or disapprove the order of the Commission.
§ 11.06.080 APPEALS.
(1) An appeal of the decision of the Director denying
any permit to remove, destroy or do significant work may be made
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within five (5) business days of receipt of the Director's recom-
mendation
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.
(2) An appeal of a decision of the Commission denying
any permit to destroy, remove or do significant work by the Com-
mission must be made within ten (10) business days of receipt of
such denial to the Council which shall hear the appeal at the next!
regular meeting of the Council, or at any meeting thereafter to
which the matter may be continued."
Section 2: Severability, If any section, subsection,
subdivision,
paragraph,
sentence, clause or
phrase of this Chapter
or any part
thereof, is
for any reason held
to be unconstitutional
or invalid,
or ineffective by any court of
competent jurisdiction,
each sec-
tion,
subsection,
subdivision,
such decision
shall not
affect the validity
or effectiveness of
the
remaining
portions of this
Chapter or
any part
thereof_. The
City
Council
hereby declares that
it would
have passed
each sec-
tion,
subsection,
subdivision,
paragraph,
sentence,
clause or
phrase thereof irrespective of the fact that any one or more sec-
tions, subsections, subdivisions, paragraphs, sentences, clauses
or phrases be declared unconstitutional or invalid or ineffective.
Section 3: Publication, This Ordinance shall be
published once as required by law.
MAYOR
I. HERBERT K. WHITE, City Clerk of the City of
Burlingame, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council held on the
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16th day of September , 1974, and adopted thereafter
at a regular meeting of the City Council held on the 7th day
of October , 1974, by the following vote:
AYES: COUNCILMEN: psnstrup, Crosby, Cusick., Harrison, Afangini.
DTOES: COUNCILMEN: IdODe.
:ABSENT: COUNCILMEN: PTOne.
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CITY CLERK