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HomeMy WebLinkAboutReso - CC - 008-2006RESOLUTION NO. 8-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ADOPTING GUIDELINES FOR RESOLUTION OF BAY VIEW DISPUTES RESOLVED, by the City Council of the City of Burlingame: WHEREAS, a panoramic and sweeping view of San Francisco Bay can add significantly to a homeowner's property value; and WHEREAS, tall tree canopies can also add significantly to a homeowner's property value; and WHEREAS, studies have also shown that tall shade trees can reduce utility costs for cooling by as much as fifteen to thirty-five percent and can reduce heating costs with windbreak by as much as ten to fifty percent; and WHEREAS, trees protect hillsides from landslides and mitigate the impact of storm water runoff, and WHEREAS, studies have also shown that rental buildings with trees have a seven - percent higher rental rate than those without trees; and WHEREAS, some cities that have "tree view" ordinances have led to many lawsuits and much acrimony between neighbors as a result; and WHEREAS, it does not appear that any of the cities that currently have a "tree view" ordinance also have the "Tree City USA" distinction that Burlingame has; and WHEREAS, the Beautification Commission has undertaken a lengthy study, drafting, and hearing process that has considered a variety of approaches and the many perspectives involved in the issue; and WHEREAS, the Beautification Commission has recommended that the City Council adopt the Guidelines attached as Exhibit A to provide a process for resolving disputes involving views and trees in as constructive and amicable ways as possible; and WHEREAS, these Guidelines are in the public interest, NOW, THEREFORE, BE IT RESOLVED: 1. The Guidelines for Resolution of Bay View Disputes attached hereto as Exhibit A are approved. &a, �&V— Mayor I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 6th day ofFebruarP006, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: RAYLOCK, COHEN, KEIGHRAN, N&GEL, O'MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ity Clerk CAFILES\RESO\t eeview.p&r.wpd EXHIBIT "A" CITY OF BURLINGAME GUIDELINES FOR RESOLUTION OF BAY VIEW DISPUTES A. PURPOSE The purpose of these guidelines is to set forth a procedure for the resolution of disputes between parties (both private and city property owners) relating to the loss of Bay views due to tree growth. 1. These guidelines do not impair obligations imposed by an existing agreement, or a valid pre-existing enforceable covenant, easement or agreement. 2. Nothing in these guidelines is meant to replace the peaceful, sensible, and just resolution of differences between neighbors acting in good faith. The provisions contained in these guidelines are meant to encourage that such resolution occurs prior to engaging in the recommended remedies provided by them. B. OBJECTIVES 1. To restore access to existing views of the bay from properties within the Hillside areas subject to a hillside construction permit (Burlingame Municipal Code chapter 25.61). 2. To encourage the maintenance of positive relationships within a neighborhood when there is a conflict between a tree or trees and Bay view preservation. 3. It is not the objective of these guidelines to facilitate or encourage access to any other views such as of hills and landmarks, nor access to sunlight, nor the transmission of radio, television, satellite dishes, or other electronic signals. 4. To preserve and protect the aesthetic and practical benefits which trees provide for individuals and the entire community. 5. To discourage ill-considered pruning or destruction of trees. C. DEFINITIONS 1. "Bay view" means a distant vista or panoramic view of the San Francisco Bay. 2. "Crown Reduction" means a method of reducing the height or spread of a tree by performing appropriate pruning cuts. 3. "Crown Restoration" means a method of restoring the natural growth of a tree that has been topped or damaged in any other way. 4. "DBH" means the diameter of the tree at breast height measured at 4.5 feet above the natural grade. In the case of multiple stemmed trees, the measurement will be the sum of diameters of all stems measured at 4.5 feet above the natural grade. 5. "Obstruction" means any substantial blockage or diminishment of a bay view from a structure lawfully used as a dwelling which is attributable to the growth, maintenance or locations of tree(s). 6. "Originating party" means any property owner who wishes to either remove and perhaps replace or have trimmed a tree(s) on the property of another which creates an obstruction to the bay view of another within the Hillside areas subject to hillside construction permit (Burlingame Municipal Code chapter 25.61). 7. "Restorative action" means any specific requirement to resolve a tree dispute. 1 8. "Topping" means removal of the top portion of a tree's main leader(s) resulting in an overall reduction in the tree's height and size. 9. "Tree" means any woody perennial plant characterized by having a single trunk of 15.28"DBH (48" circumference) or more, or any street tree regardless of size. 10. "Tree mediator" means any trained or experienced mediator(s) either recommended by, or on retainer with, the City of Burlingame. 11. "Tree owner" means any individual, company, corporation, or other property owner owning real property in Burlingame upon whose land is located a tree or trees alleged by an originating party to cause an obstruction to a Bay view. 12. "Tree removal" means the elimination of any tree from its present location. 13. "Trimming" means the selective removal of entire branches from a tree as to improve visibility through the tree and or improve the tree's structural condition. 1CONE176011 M-9 .9 The procedures described in this section shall be followed in the resolution of Bay view disputes caused by the obstruction of tree growth within the Hillside areas subject to Burlingame Municipal Code chapter 25.61. Initial Reconciliation: An originating party who believes in good faith that growth, maintenance or location of trees on the property of another (hereafter referred to as the tree owner) diminishes the beneficial use or economic value of his or her property because such tree(s) interferes with Bay views that existed prior to such growth, maintenance, or location of the tree(s) on the property during the time the originating party has occupied the property shall notify the tree owner in writing of such concerns. a. The notice shall include all the pertinent information describing the bay view obstruction. b. The notification shall, if possible, be accomplished by personal discussions to enable the originating party and tree owner to attempt to reach a mutually agreeable solution. 2. Mediation: If such initial reconciliation attempt fails, the originating party shall propose mediation as a means to settle the dispute on a relatively informal basis. a. Acceptance of mediation by the tree owner shall be voluntary. b. If mediation is elected, the parties agree to use any trained or experienced mediator(s) either recommended by, or on retainer with, the City of Burlingame. C. The mediation meeting may be informal, and no written record is necessary unless desired by one of the parties. d. The mediation process may include the hearing of viewpoints of lay or expert witnesses, and shall include a site visit to the properties of the originating party and tree owner. e. The tree mediator shall not have the power to issue binding orders for the restorative action, but shall strive to enable the parties to resolve their dispute. E. GUIDELINES FOR RESOLUTION OF DISPUTES Factors to consider In attempting to resolve Bay view tree disputes the parties and /or mediator may consider the following factors in determining what restorative actions, if any, are appropriate: 1. Visual quality of the tree, including but not limited to species, characteristic size, growth, form, and vigor. 2. Location with respect to overall appearance, design, and/or use of the tree owner's property. 3. Soil stability provided by the tree(s) 4. Visual, auditory, and wind screening provided by the tree(s) to the owner and to neighbors. Existing privacy provided by the tree to the tree owner's home shall be given particular weight. 5. Energy conservation and/or climate control provided by the tree(s). 6. The economic value of the tree(s) as measured by the criteria developed by the International Society of Arboriculture and the economic value of the property as a result of the existence or maintenance of the tree(s). 7. Wildlife habitat provided by the tree(s). 8. Other factors including: the degree to which the species is native to the area, indigenous nature of tree species, and specimen tree quality. 9. The tree(s) relation to the Municipal Codes governing the removal or pruning of a tree. 10. The existence of Bay views that cannot be seen from habitable structures because of the growth of trees since the acquisition of originating party's property within the Hillside areas subject to Burlingame Municipal Code chapter 25.61. 11. Expert opinion from mutually agreed upon tree expert(s) or an expert appointed by the mediator with the consent of the parties. F. RESTORATIVE ACTIONS The mediator may recommend restorative action, consistent with requirements in the municipal code, or no action. Restorative actions may include trimming, thinning, topping, crown reduction, crown restoration, removal, or removal with replacement. Written directions as to appropriate timing of restorative action may be included. Such restorative actions are to apply only to current parties to the dispute. It will be the responsibility of the originating party to provide the mediator with a copy of the City's Urban Reforestation and Tree Protection and/or Street Tree Ordinance. G. APPORTIONMENTS OF COST The originating party shall pay all costs, if any, of mediation, unless otherwise agreed upon by all parties. At any time during the procedure specified in this policy the parties may agree between themselves as to the allocations of the costs of restorative action. If such an agreement is not reached, the originating party shall pay one hundred percent to the costs of the initial restorative actions, as well as the cost of subsequent restorative actions as the result of reoccurrence of the same obstruction. H. POLICY REVIEW This policy will be evaluated as to its effectiveness by the City Council two years from the date of Council approval. 4