HomeMy WebLinkAboutOrd 14641
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JEROME F. COLEMAN
CITYCOF BURLINGAME
BOI PRIMROSE ROAD
BURIJNGA. E, ULIF 94010
ORDINANCE NO. 1464
URGENCY ORDINANCE PROHIBITING
THE REMOVAL OR PRUNING OF CERTAIN TREES
The CITY COUNCIL of the CITY OF BURLINGAME does
hereby ORDAIN as follows:
Section 1. No person shall remove or prune a
protected tree, as hereinafter described, without a permit
from the Director of Parks. Removal shall include cutting
to the ground, complete extraction or killing by spraying,
girdling or any other means. A protected tree is defined
to be any tree with a circumference of 48" (forty eight
inches) or more when measured 54" (fifty four inches) above
natural grade. Pruning is defined to mean 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.
Section 2. The permit process shall be as set
for in Sections I through IV, attached to this ordinance
and by this reference incorporated herein.
Section 3. 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 the replacement value -of the tree as determined by the
International Society of Arboricuiture Standards.
Section 4. It is hereby declared that there is
a current and immediate threat to the public health, safety
and welfare and this ordinance is therefore an urgency
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JERO ME F. COLEMAN
CIrY ATTORNEv
CITY OF RU RLINGAME
301 PRIMROSE ROAD
OURLINGAME, GLIF 96010
measure as provided by law, and will take effect upon its
adoption.
The facts constituting such urgency are as
follows: The City of Burl.ir_game is endowed w_th a variety
of healthy and valuable trees which are located upon
properties which are subject to development or which are
otherwise subject to removal or improper pruning. The
preservation of these trees is essential to preserve the
scenic beauty of the city, maintain ecological balance,
prevent erosion of topsoil, counteract air pollutants and
oxygenate the air, absorb noise, maintain climatic and
microclimatic balance, help balance wind and provide shade
and color. In order to prevent the improper removal or
pruning of such trees it I's necessary that this ordinance
be enacted as an urgency measure.
Section 5. Duration. This ordinance shall cease
to have force and effect on December 1, 1992,
Section 6. This ordinance shall be published as
required by law.
I, JUDITH A. MALFATTI, City Clerk of the City of
Burlingame, do hereby certify that the foregoing URGENCY
ORDINANCE was introduced and adopted at a regular meeting
of the City Council held on the 1st day of June, 1992, by
the following vote:
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JEROME F. COLEMAN
CITY00F BURLIN GAME
601 PRIMROSE ROAD
OUflLINGAME, GLIF.96010
AYES: COUNCILMEMBERS: HARRISON, KNIGHT, LEMBI, O'MAHONY, PAGLIARO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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City Clerk
SECTION I - PERMIT PROCESS
Any person desiring to remove or prune one or more protected trees
shall apply to the Director of Parks on a form provided for this
purpose and shall state, among other things, the number and
location of the trees to be removed or pruned by types and the
reason for removal or pruning of each. The application shall also
include a photograph with correct botanical identification of t^e
subject tree or trees.
The request for �� ..
owners of the property
ver..,_„ ...ay
on which the
only oe ;�.ade
trees are
cy ::e
_ccated.
� .ner
cr
tree
hermit.,
are valid for
six ;runt^.s -rom
date of
issue. -;ttens1
may ce
authorized by
the DJrect=
.,i
lar. {s.
^.e appl_car_r
_..-
submit
..use =,=
an arborist 1 s
reT:c.ol.
_ _^,ort .._:__
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(1) The condition of the tree or trees with respect
to disease, danger of falling, proximity to
existing or proposed structures, and inter-
ference with utility services.
(2) The necessity to remove the tree or trees in
order to construct any proposed improvements to
allow reasonable economic enjoyment of the pro-
perty.
(3) The topography of the land and the effect of the
removal of the tree on erosion, soil retention,
and diversion or increased flow of surface
waters.
4) The number of trees existing in the neighbor-
hood 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 ft. 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 arbori-
cultural practices.
In reviewing applications, the Director of Parks 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, or may
require the applicant to provide an arborist's report.
determine:
(1) The condition of the tree or trees with respect
to disease, danger of falling, proximity to
existing or proposed structures, and inter-
ference with utility services.
(2) The necessity to remove the tree or trees in
order to construct any proposed improvements to
allow reasonable economic enjoyment of the pro-
perty.
(3) The topography of the land and the effect of the
removal of the tree on erosion, soil retention,
and diversion or increased flow of surface
waters.
4) The number of trees existing in the neighbor-
hood 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 ft. 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 arbori-
cultural practices.
In reviewing applications, the Director of Parks 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, or may
require the applicant to provide an arborist's report.
SECTIONTI - TREE REQUIREMENTS AND REFORESTATION
Permits for removal shall include replanting conditions
in accordance with the following guidelines:
(1) Replacement shall be 24", 30", or 36" box depend-
ing upon the type o'f tree.
(2) :".ry tree removed ,vithout a valid permit shall be
replaced by two 24", 30", or 36" box size trees
'_or each tree so removed inasmuch as space per-
mits.
(3) T_f replacement trees, as designated in Section V (b)
1 and 2 above, cannot be planted on the oroperty,
then the city shall be reimbursed for the replace-
m.ent ✓aloe of the tree or trees which were removed.
(See Section VIII.) Such payments shall be deposited
in the tree planting fund to be drawn upon for public
tree planting.
SECTION III- DECISION
A decision shall be rendered by the Director of Parts for
each permit application. If a permit is approved, it
will include replacement conditions in accordance with
Section V. The Director of Parks shall give written
notification of the decision to the applicant and
j abutting property owners and include a copy of Section
VII.
SECTION IV- - APPEAL
Any person may appeal the decision of the Director of Parks to the
Beautification CcIrsnission 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 thereco.
The dec cion e _eauti_cat_cn Commissicn may be appealed to
the c ci_ _ n :,e -er -s tc he c.,:rmission oy g a
wrlt.en cappeal is �e clzY car,{ -ot ater than five p.m, -of he
tenth calendar ,.ay a zer t;;e ccm,"Llissicn's decision.
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