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.
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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.
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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
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