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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 - 1 - 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; - 2 - (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 - 3 - 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 - 4 - 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 5 - 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 - 6 - 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 - 7 - 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 - 8 - 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. - 9 - CITY CLERK