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HomeMy WebLinkAboutReso - CC - 006-2016RESOLUTION NO. 6-2016 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME UPHOLDING THE DETERMINATION OF THE BEAUTIFICATION COMMISSION AND AUTHORIZING REMOVAL OF A PROTECTED -SIZE TREE LOCATED AT 2325 POPPY DRIVE WHEREAS, the City of Burlingame values and wishes to protect its urban forest and has reflected that commitment by enacting Chapter 11.06 of the Burlingame Municipal Code, titled Urban Reforestation and Tree Protection; and WHEREAS, that Code recognizes that some protected -size trees may need to be removed because of deteriorated condition, the threat they pose to persons or property, and other enumerated reasons; and WHEREAS, the property owner at 2325 Poppy Drive complied with Chapter 11.06 and sought permission to remove a protected -size Redwood due to its condition, the safety risk posed by its structure, and the damage it has done to property; and WHEREAS, the City Arborist granted such permission and that decision was appealed to the Beautification Commission, which upheld the removal permit; and WHEREAS, the Beautification Commission's determination was appealed to the City Council, which conducted a duly noticed public hearing on the matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE, DETERMINE, AND FIND AS FOLLOWS: 1. The City Council considered all evidence, testimony, and information provided to it in connection with the public hearing on the appeal from the Beautification Commission conducted on January 4, 2016. 2. Following conclusion of the public hearing, the Council upheld the determination of the Beautification Commission, allowing removal of the tree. Vice Mayor Ortiz made a motion upholding the Commission but stating that the property owner could not remove the tree until Council made a final determination on the conditions for removal, and directing staff to bring back a resolution memorializing the action of the Council and containing the final recommendations of the City Arborist as to the replacement planting requirements for the tree. The motion passed 4-1, with Councilmember Brownrigg voting no. 3. Following the January 4, 2016, meeting, the City Arborist has done additional site review and analysis regarding appropriate replacement planting for the Redwood tree to be removed. His recommendation is that the tree be replaced with a twenty-four inch box Scarlet Oak tree to be planted in the rear yard and a twenty-four inch box single stem landscape tree to be located on the property at the discretion of the property owner. 1 4. The Council hereby adopts the recommendations of the City Arborist. 5. The determination of the Beautification Commission is upheld and the property owner of 2325 Poppy Drive may remove the Redwood tree located in the backyard of the subject property on the following conditions: (a) Removal of the tree must comply with all applicable regulations of the City or other governing source of law concerning the time, manner, and safety of the work or other requirements as may be imposed by law or regulation. (b) A twenty-four inch box Scarlet Oak must be planted and maintained on the subject property, and shall be located in the rear yard. Additionally, a twenty-four inch box single stem landscape tree, as defined in current Burlingame Municipal Code section 11.06.020(e), shall be planted on the property in a location selected by the property owner. These replacement trees must be planted within six months of removal and stumping of the redwood tree. (c) The property owner and any successors in interest shall have the obligation to use due care to maintain and support the Scarlet Oak planted in replacement of the removed tree, and the Scarlet Oak required by this resolution may not be removed, regardless of size, without first complying with any applicable requirements under the City Municipal Code for removal of protected trees, including as such requirements may be amended. (d) Failure to comply with the conditions of this resolution may result in enforcement penalties as provided in the Municipal Code Titles 1 and 11. azl4x) Ann Keighran, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council on the 1st day of February, 2016, and was adopted thereafter by the following vote: AYES: Councilmembers: BEACH,qWQWA4K4^ COLSON, KEIGHRAN, ORTIZ NOES: Councilmembers: WINOM BRpkY(Npl1C.ZG ABSENT: Councilmembers: NONE 91/== — a han H se -Shearer, City Clerk 2