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.
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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.
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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.
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