HomeMy WebLinkAboutOrd 14706
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JERO ME F. COLEMAN
ATfORNEv
CITY OF BURLINGAME
SOI PRIMROSE ROAD
BURLINGAME, CALIF 94010
ORDINANCE N0, 1470
URBAN REFORESTATION AND TREE PROTECTION ORDINANCE
The CITY COUNCIL of the CITY OF BURLINGAME does
hereby ORDAIN as follows:
Section 11 Chapter 17.606 of the Burlingame Code is
rereby amended to read as follows:
"C1IAPTEI? 11. Q6
URBAN REFORESTATION AND TREE PROTECTION
11.06.010 Purpose and intent.
The City of Burlingame is endowed and forested with a
variety of healthy and valuable trees which rust be protected
grid preserved. 'Phe preservation of these trees _s 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,
ma:i_r.tain ecological balance, prevent erosion of top soil;
counteract air pollution and oxygenate the air, absorb noise,
maintain climatic and mi.croclimatic balance, help block grind and
pravide 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 cit} should be part of the
permit process for any construction or remodeling.
It is the intent of this chapter to establish regulations
for the removal of trees and the installation of trees in new
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JERO ME F. COLEMAN
an ATroRNEv
CITY OF BU RLINGAME
501 PRIMROSE ROAD
RURLINGAME, CALIF.84010
construction and 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) "Protected tree" is:
(1) Any tree with a circumference of 48" (forty-eight
inches) [a diameter of 15.25" (fifteen and one quarter inches)]
or more when measured 54" (fifty-four inches) above natural
grade;
(2) A tree 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 the others for survival.
(b) "Pruning" is the removal of more than one third of the
crown or existing foliage of the tree or more than one third of
the root system.
(c) "Director" shall mean the Director of Parks of the
City of Burlingame. "Department" shall mean the Park Department
of the City of Burlingame. "Commission" shall mean the
Beautification Commission of the City of Burlingame.
(d) "Development or redevelopment" shall mean any work
upon any property in the City of Burlingame which requires a
subdivision, variance, use permit, building permit or other
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JEROME F. COLEMAN
oltt AnoRNer
drr OF BURLIN GAME
8PP ROAO
BURIJNGAME, E,CA CAIJF.94010
approval or which involves excavation, landscaping or
constructiOR in the vicinity of a protected tree.
11.06.030
Nomination and
listing
of protected trees.
Nomination
for protected
tree
status under Section
11.06.020 (a) (2)
or (a) (3) may
be made
by any citizen. The
commission shall
review such
nominations
and present it's
recommendations to the 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 Council may remove a designated tree from the list upon
its own motion or upon request. 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 he is unavailable, a responsible
member of the police, fire, park or public works department. In
such event, a report shall be made to the commission describing
the conditions and necessity of such an order.
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JEROME F. COLEMAN
TY ATTORNEY
CITYOOF BURLINGAME
6PRIMROSE ROAD
BURLJNGAME, CALIF. 94010
11.06.050
P7-rhksitic:ns arirl )rr,i.:eec=saris.
(a)
No Jrotecteid tr.eP_ shall het rerio`i-Cd from any par C.e.J_
Wi.. LY_ouc
a permit F_excep% asprod%1 Chi?. C. '_Tl e^"t-0:? Zl,l)6. Ung.
^he following cond..t i. c::S s:7al_ be obServed during
construction
or development of property:
(1) Protected trees are to be prot.e:Le:d by a =v...._
which _„
to be mairred aaL rimes..
tait
affect-ing
(2) ProtecLr-d tr+esteat havrt ween Jar,aged r,
cs�. royecl
)y coastfaction shal. i b: eP _jCe^ oc t7_e ! V sh�.11 be
rc--...:ilbu
sed, as pl:evided in se>.cti on _ _ . 06, 090 .
3) Chemicals or oti.er rrcrstr;i.^.,tion Ilrateria.l ._„-31.1.
not be
stored within the drip line of p otecied trees.
(4) Drains small be prosaided as regl.ired by rhe
3:.recr.or
whenever soil fill is placed around. }::::o"Cec Leal trees.
in -VT iii
(5) Signs, ,vires or similar_ devices shall v.ot bkc
or t-FhC�"L1:
protect -ed. trees.
1i.0E.0a"0
L�lotices
arld. 1lerir.ts rern�.ire<�. for
rer�a,va_1 c}r ;.acr;:
%ignif_ica*atl-y
affect-ing
protected freer-;.
(a R,>
in -VT iii
r oY'ul1:L o 0I" ieY%s
or t-FhC�"L1:
aa]tP-C, i.r
?d.
r epresentat�l.ve,
t:roes oP. Ub.Lic
of pri.'late
hlall
DJI)cain
d penait
tJ re.mcve or �'une
e ni. i e•'t:..
appa.
ic.aLli Gn
shall
be on a .0.:m furnish -;d
by ti :
deF a:: "C71H i!t
a,Ind
si.ali_
s'ec.te,
among
of -.her thines, the number_
rind
'_, cat::_cn o
the
rens
co be
remeved. cr P -tuned by types
and
nhle reason
for
'.i n�ev
i1_ or
t' 1 f')
Uf 7cil. TY IF I_. C-3t
�-.c.li
Ol- �
ril.s,,�,_ in Lllui'_
..
..;C'ti ..�
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JEROME F. COLEMAN
Cltt ArroRR Er
CIT' OF BURLIN GAME
SOI PRIMROSE ROAD
BURLINGAME, CALIF. 94010
a photograph with correct botanical identification of the
subject tree or trees. An authorized representative of the
department shall make an inspection of the tree 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 application for development or
redevelopment, of a property containing a protected 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 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.
(d) In reviewing applications, the director shall give
priority to those based on hazard or danger of disease. He 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 he shall determine:
(1) The condition of the tree or trees with respect
to disease, danger of falling, proximity to existing or proposed
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JEROME F. COLEMAN
CITY ATTORNEY
CITY OF BURLINGAME
501 PRIMROSE ROAD
BURLINGAME, CALIF. SA010
structures, yards, driveways 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 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 or trees in question.
(5) The number of trees the particular parcel can
adequately support according to good arboricultural practices.
(6) The effect tree removal would have on wind
protection, noise and privacy;
(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 may include
replacement conditions in accordance with Section 11.06.090.
The
director
shall give written notification of the decision
to
the
applicant
and abutting property owners and include a copy
of
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JERO ME F. COLEMAN
CITYOOF BU RLIN GAME
601 PRIMROSE ROAD
BURLINGAME. CALIF.94010
Section 11.06.080.
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 five 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 upon the adjournment of the city council at its next
succeeding regular meeting if no appeal is filed. Destruction,
removal or other work on a protected tree shall not commence
until after the adjournment of the city council meeting or, if
any appeal is filed, until the decision of the city council.
During the period between the action of the commission and
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. A permit shall be valid
for six months after the date it becomes final.
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JEROME F. COLEMAN
aTr ArroRNEv
CITY OF BURLINGAME
501 PRIMROSE ROAO
BURLINGAME, CALIF.94010
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 property shall be required to meet
the following requirements:
(1) One tree for every 1000 square feet of lot
coverage or habitable space for single family homes or duplexes;
(2) One tree for every 2000 square feet of lot for
apartment house 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 meet the standards for
replacement trees set forth in Section (b) hereof.
{b) Permits for protected tree removal shall include
replanting conditions with the following guidelines.
(1) Replacement shall be 24", 3011, or 36" box
depending upon the type of tree
(2) Any tree removed without a valid permit shall be
replaced by two 24", 30", or 36" box size trees for each tree so
removed.
(3) Size of the replacement trees shall be determined
by the director and shall be based on the specie, location and
value of the tree removed.
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JERO ME F. COLEMAN
Cm Arronry EY
CITY OF BURLIN GAME
3PRIMROSE ROAD
BURLINGAME, CALIF 84010
(4) If replacement trees, as designated in subsection
b), (1) and (2) above, 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 by law, any
person removing or pruning a tree in violation of this ordinance
is liable to treble damages as set forth 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 2.
On the
effective date
of
this ordinance
Ordinance 1464 shall
be of no
further force
or
effect.
Section 3. This ordina
required by law.
I, JUDITH A. MALFATTI, 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 17th day
of AUGUST , 1992, and adopted thereafter at a
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regular
meeting of the
City Council held on the 9th day
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of SEPTEMBER
AYES:
1992, by the following vote:
HARRISON, KNIGHT, LEMBI, OIMAHONY, PAGLIARO
COUNCILMEMBERS:
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NOES:
COUNCILMEMBERS:
NONE
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ABSENT:
COUNCILMEMBERS:
NONE
g
/ CITY CLERK
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JEROME F. COLEMAN
Cl Y ATTORNEY
CITY OF BURLINGAME
$01 PRIMROSE ROAD
SURLINGAME,C UF. 94010
CITY OF BURLINGAME
SUMMARY OF ADOPTED URBAN REFORESTATION AND
TREE PROTECTION ORDINANCE
AYES: COUNCILMEMBERs: HARRISON, KNIGHT, LEMBI, O'MAHONY, PAGLIARO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A certified copy of said adopted ordinance is available
in the City Clerk's office, 501 Primrose Road, Burlingame,
California.
Dated } a L
c,.
F. COLEMAN, City Attorney
Pursuant to
Government Code Section
36933 (c)(1)
following
is
a summary
of Ordinance No. 1470
adopted
September
9,
1992:
Establishes
regulations for the removal and installation
of trees.
Defines
protected tree, lists
prohibitions and
protections,
provides
permit procedure for removal.
Establishes
requirements
for reforestation and replacement
when properties are
developed
or
redeveloped.
AYES: COUNCILMEMBERs: HARRISON, KNIGHT, LEMBI, O'MAHONY, PAGLIARO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A certified copy of said adopted ordinance is available
in the City Clerk's office, 501 Primrose Road, Burlingame,
California.
Dated } a L
c,.
F. COLEMAN, City Attorney
CITY OF BURLINGAME
SUMMARY OF PROPOSED URBAN REFORESTATION
AND TREE PROTECTION ORDINANCE
Pursuant to Government Code Section 36933(c)(1) the following
is a summary of proposed Ordinance No. 1470
Establishes regulations for the removal and installation
of trees.
Defines
.protected tree,
lists prohibitions and
protections,
provides
permit procedure
for removal. Establishes
requirements for reforestation and replacement when properties are
developed or redeveloped.
Said ordinance was introduced on August 17, 1992; a public
hearing thereon will be held September 9, 1992, at 7:30 p.m. at the
City Council Chambers, Burlingame City Hall, 501 Primrose Road,
Burlingame, California.
A copy of said proposed ordinance is available in the City
Clerk's office, 501 Primrose Road, Burlingame, California.
Dated:
by
JEROME F. COLEMAN
City Attorney