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HomeMy WebLinkAboutAgenda Packet - BC - 2018.02.01City of Burlingame BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME BURLINGAME, CA 94010 . F Meeting Agenda - Final Beautification Commission Thursday, February 1, 2018 6:30 PM Burlingame Recreation Center 850 Burlingame Avenue 1. CALL TO ORDER 2. ROLL CALL 3. MINUTES Draft December 2017 Minutes Attachments: BBC Minutes Dec 2017 4.CORRESPONDENCE 5. FROM THE FLOOR Speakers may address the Commission concerning any matter over which the Commission has jurisdiction or of which it may take cognizance that is not on the agenda. Additional public comments on agenda action items will be heard when the Commission takes up those items. The Ralph M. Brown Act (the State local agency open meeting law) prohibits the Commission from acting on any matter that is not on the agenda. Speakers are asked to fill out a "request to speak" card located on the table by the door and hand it to staff, although provision of name, address or other identifying information is optional. Speakers are limited to three minutes each, although the Commission may adjust the time limit in light of the number of anticipated speakers. 6. OLD BUSINESS 7. NEW BUSINESS Appeal to the Approved Redwood Removal at 315 Occidental. Attachments: APPEAL packet at 315 Occidental 1.2018 Business Landscape and Residential Sustainable Landscape Award Draft Timeline and Nomination Forms. Draft Letter from BBC to be included in Protected Tree Removal Permits. Arbor Day - Wednesday, March 7, 2018 at 10:30 am at Pershing Park City of Burlingame Page 1 Printed on 112412018 Beautification Commission Meeting Agenda - Final February 1, 2018 8. REPORTS 9. UPCOMING AGENDA ITEMS Next Regular Meeting: March 1, 2018 Notice: Any attendees wishing accommodations for disabilities should contact the Parks & Recreation Dept. at (650) 558-7330 at least 24 hours before the meeting. A copy of the agenda packet is available for review at the Recreation Center, 850 Burlingame Avenue, during normal office hours. The Agendas and minutes are also available on the City's website: www.burlingame.org. Any writings or documents provided to a majority of the Burlingame Beautification Commission regarding any items on this agenda will be made available for public inspection at 850 Burlingame Avenue during normal business hours. City of Burlingame Page 2 Printed on 112412018 BURLINGAME BEAUTIFICATION COMMISSION Draft Minutes December 7, 2017 The regularly scheduled meeting of the Beautification Commission was called to order at 6:30 pm by Commissioner Hinckle. ROLL CALL Present: Commissioners Hinckle, Kearney (6:40pm), Kirchner and Dinuri Absent: Commissioner Hunt Staff. Parks and Recreation Director Glomstad, Parks Superintendent/City Arborist Disco, and Recording Secretary Borba Others: None MINUTES Commissioner Kirchner made a motion to approve the November 2, 2017 minutes as read. The motion was seconded by Commissioner Dinuri and unanimously approved. CORRESPONDENCE The Commissioners received a flyer from the Parks and Recreation Foundation regarding purchasing a brick at Paloma Park. PUBLIC COMMENT None OLD BUSINESS None NEW BUSINESS 1. Review of Fees for Protected Tree Removal Permits and Appeals The Commissioners had previously requested information about the fees for when a private tree is removed but the replacement tree isn't planted by the property owner. Staff said that the fee the property owner would be required to pay is $700 per tree; however the penalty fee and the cost to replant a new tree are about the same amount. Staff also mentioned that there has been an increase in the number of replacement trees that do not get planned. Secretary Borba gave examples of the cost to replant a 24" box size tree. Commissioner Kirchner suggested a letter be sent with the permit when it is issued from the Beautification Commissions regarding the importance of replacing the trees in Burlingame as they are removed. The Commissioners discussed whether the fee should be increased to encourage replacement. Commissioner Hinckle moved that the recommended fee for not meeting the replanting requirements for a Protected Tree Removal Permit be increased to $1,200.00. Commissioner Dinuri seconded the motion. Motion passed 4-0. Staff said that the fee would be recommended to Council during the next fiscal year's budget cycle. 2. Business Landscape and Residential Sustainable Landscape Award Chair Discussion Director Glomstad suggested and the Commissioners agreed that Commissioner Kearney would chair the awards on the administrative side, Commissioner Kirchner would co-chair and cover the power point presentations and Commissioner Hinckle will work with Dale Perkins regarding the watercolor. 3. Review on Accessing and Responding on City Email Director Glomstad presented the new updated instructions on accessing City email. Secretary Borba will email the Commissioners IT Department staff Sid Jackson's email and phone number. 4. Discussion on Cancelling the January Meeting Commissioner Hinckle moved that the January 2018 meeting of the Beautification Commission be cancelled. Commissioner Kirchner seconded the motion. Motion passed 4-0. REPORTS 1. Parks Superintendent/City Arborist Arborist Disco reported that Council approved the bid to remove 5 Eucalyptus trees on Burlingame Avenue and 4 Eucalyptus trees on Easton Drive. The contractor, Bay Area Tree Specialist, will start tree removal in two weeks. He also stated that in Mills Canyon Cal Fire has been working the last several months and are completing their work on weed and brush clearing, Acacia removal and fire fuel reduction. The California Conservation Corp. (CCC) will start working in Mills Canyon on the trail from the Adeline Drive side making it safer, fixing erosion issues and redoing the stairs. 2. Director Glomstad None 3. Commissioner Hunt None 4. Commissioner Hinckle None 5. Commissioner Kirchner Commissioner Kirchner stated the Parks and Recreation Foundation is mapping Mills Canyon and the work done by the CCC will need to be incorporated. Commissioner Kirchner commented on the Tree lighting Ceremony and how nice it was and that Commissioner Hunt was there to represent the Commission. Commissioner Kirchner informed the Commissioners that the Parks and Recreation Foundation is selling bricks for Paloma Park. 6. Commissioner Kearney None 7. Commissioner Dinuri Commissioner Dinuri inquired about volunteer work in Mills Canyon. Director Glomstad stated the at this time, the City does not organize volunteers. Arborist Disco noted that in the past, the City has had Eagle Scout projects in Mills Canyon. Commissioner Dinuri also inquired about the yellow sulfur fungus on the tree on Bellevue Avenue. Arborist Disco informed her that the tree will be removed soon. The next Beautification Commission meeting is February 1, 2018. There being no further business, the meeting adjourned at 7:22 pm. Respectfully submitted, Gina Borba Administrative Staff BURLIN.. STAFF REPORT To: Beautification Commission Date: February 1, 2018 From: Bob Disco, Parks Superintendent/City Arborist Subject: Appeal to Remove One Redwood Tree at 315 Occidental Avenue RECOMMENDATION Staff recommends the Commission deny the appeal because the tree has co -dominant leaders, poor form and structure, is growing close to an existing structure and meets the requirements for removal in Ch. 11.06 of the Urban Reforestation and Tree Protection Ordinance. BACKGROUND The Parks Division received a Protected Tree Removal Permit application on November 11, 2017 for the removal of a redwood tree in the backyard of a building project at 315 Occidental Avenue. Included in the application was an independent arborist report that indicated the redwood tree was in poor condition, has co -dominant leaders at 1.5 feet, and included bark. The main leader is also co -dominant at 15 feet. The City Arborist inspected the tree on November 29, 2017 and concluded that the submitted arborist report was accurate and that the tree is growing two feet from an existing structure and approved removal with the condition that the tree be replaced with a 24" box landscape tree. DISCUSSION The Urban Reforestation and Tree Protection Ordinance Chapter 11.06.060 (d)(1) supports the removal of this tree since the tree has poor structure and is in the proximity of existing structures. Allowing this tree to remain with the known defects and structural issues increases the likelihood of failure and impact to the surrounding structures. EXHIBITS Exhibit A - Private Protected Tree Removal Permit & Arborist Report Exhibit B — City Arborist Letter of Approval Exhibit C — Appeal Letters Exhibit D — Urban Reforestation and Tree Protection Ordinance Exhibit E - Pictures tANIBIT A PROTECTED TREE REMOVAL BURLIN,GAME PERMIT APPLICATION Parks & Recreation Department 850Burlingame Avenue, Burlingame, CA 94010 Date: 11-15-2017 (650) 558-7330 The undersigned owner of the property at: Address: 315 Occidental Ave hereby applies for ,a peri°n vto_ remoue:or prune more than 1/3 bf the,canopy )of the following protected tree(s): Species: Circumference: Redwood Tree (lea) See Arborist Report (Attached) L56 Location on Property Rear of lot Work to be Performed: Removal X Trim More Than 1/3 of the Crown Reason Work is Necessary: We will be remodeling a home and adding a new detached garage Is this Tree Removal Request Part of a Building Project? YES X NO Note: A photograph of the tree(s) and a schematic drawing of the location of the tree(s) on the property must be submitted along with $75.00 to: City of Burlingame. Additional documentation maybe required to support removal. Attach any documentation you may have. (Example: Report from an Independent Arborist, pictures of damaged structures, letters of concern from neighbors, etc.). 'Ow,ner•,(Prinl)Greg Gambiiati phone 550-333-5844 Address 2415 Summit Road Hiflsborough CA 94010 Email rgdevelopmentinc@yahoo.com (if different than above) ------------------------------------------------------------------------------------------------------------------------------------------------ PERMIT — FOR OFFICE USE ONLY Payment Rec. !I ;' � f f -7 Payment Method C U c��l e N. %�- - This permit allows the applicant to remove or prune the above listed tree(s) in accordance with the provisions of the Urban Reforestation and Tree Protection Ordinance (Municipal Code Chapter 11.06). By signing this permit, the applicant acknowledges receipt of a copy of Chapter 11.06, and agrees to comply with its provisions and all conditions listed below; and that all appeals have expired or been resolved. OWNER SIGNATURE Q CITY ARBORIST cA111mTIoN,S. � ; jo- 11,��1t miue .l�rn€7sortpe �(s) ,(�ao fa�ssat or,n;ut trees, �vr l lae required and may be planted anywhere on the property. If conditions are not met within the allotted time as specified in Chapter 11.06.090. (b)(5), payment of $ 700for each tree into the tree replacement fund will be required. NO replacement(s) required. Contact the Parks Division at (650) 558-7330 when removal(s) are completed. BUILDING PROJECT. Permit ineffective until after Planning Commission review. DATE PERMIT EFFECTIVE PERMIT EXPIRES DATE COMPLETED This work should be done by qualified tree professionals and a copy of this permit must be available at the job site at all limes wh en work is being pei formed..o lmi5revised Jd (FI) t4A66 (i Li P, 1` [--. ( " L---- I F3 I Thank_ YOU Cal I Again ........... 11-1/-2017 11"43 0001 CLERKOI 00016006 DEPT0021 75.00 ITEM CT 1 '75 - 00 CHECK Kielty Arb®rist Services LLC Certified Arborist WE#0476A P.O. Box 6187 San Mateo, CA 94403 650-515-9783 November 20, 2017 Tim Raduenz Form one 3841 24th Street San Francisco, CA 94114 Site:315 Occidental, Burlingame CA Dear Mr. Raduenz, As requested on Friday, November 17, 2017, I visited the above site to inspect and comment on a large redwood tree at the back of the property. The tree appears to be in decline, and your concern for the future health and safety of the tree has prompted this visit. Method: All inspections were made from the ground; the tree was not climbed for this inspection. The tree in question was located on a map provided by you. The tree was then measured for diameter at 54 inches above ground level (DBH or diameter at breast height). The tree was given a condition rating for form and vitality. The trees condition rating is based on 50 percent vitality and 50 percent form, using the following scale. Showing tree in question 1 - 29 Very Poor 30 - 49 Poor 50 - 69 Fair 70 - 89 Good 90 - 100 Excellent The height of the tree was measured using a Nikon Forestry 550 Hypsometer. The spread was paced off. Comments and recommendations for future maintenance are provided. 315 Occidental 11/20/17 (2) Survey: Tree# Species DBH CON HT/SP Comments 1P Redwood 37.1-19.1-7.7 45 85/20 Poor vigor, poor form, codominant at 1.5 (Sequoia sempervirens) feet with poor union, largest leader codominant at 15 feet with poor union, limbs not at a normal 90 degrees from the trunk, top of tree in decline, drought stressed, very top is codominant as a result of drought stress or dead top re -sprouting. P-Indicates protected tree by city ordinance Summary: The redwood tree in question is in poor condition. The tree is codominant at 1.5 feet and the largest leader becomes codominant again at 15 feet. This is not the natural form of this species as redwood trees are suppose to have one strong central leader. The unions of the codominant leaders have very narrow angles and buldging was seen at the union at 1.5 feet. These poor union formations have a higher level of risk as they have created areas with a minimal amount of included bark at the base of the tree. Included bark forms in the junctions of codominant stems where there is a narrow angle union, meaning the junction looks like a "V" rather than a "U." As the tree grows the narrow union will essentially fill with bark and create a growing area of structural weakness in the tree. It is likely that stress put on the either of the codominant stems can cause splitting, or even cause the stem to break off at the junction. As the 2 leaders grow they have the potential to push against each other and will have a higher level of risk of leader failure when compared to a redwood tree with only one strong central leader. 315 Occidental 11/20/17 (3) The redwood tree was also poor in vigor likely due to drought stress. Redwood trees are not native to this area of Burlingame, as this area is an oak woodland habitat. Oak woodland habitats are significantly drier than the redwood trees native habitat, therefore supplemental irrigation is needed to maintain a healthy vigorous redwood tree. In summer months redwood trees in their native habitat receive water from coastal fog and summer rainfall. The tree has also lost large limbs in the past and a lot of the existing limbs are not looking good as the limbs are hanging down and not at a normal 90 degree angle from the trunk. These are all signs of drought stress. The very last 15 feet of the tree's height has very poor vigor and the tree seems to become codominant again. Showing the top of the tree It is recommended to remove and replace this tree as it is a hazard to the property. The codominant unions have a moderate level of risk for leader failure. No mitigation measures would be expected to improve the poor form or health of the tree. The information included in this report is believed to be true and based on sound arboricultural principles and practices. Sincerely, Kevin R. Kielty David P. Beckham Certified Arborist WE#0476A Certified Arborist WE# 10724A EXHIBIT B City of Burlingame Parks & Recreation Department 850 Burlingame Ave., Burlingame, CA 94010 'J BURLIN.... phone: (650) 558-7330 • fax: (650) 696-7216 i b0s17a _ 17Li li_ATgarn .0?" November 30, 2017 Greg Gambrioli 2415 Summit Drive Hillsborough, CA 94010 Dear Greg, I reviewed your request for the removal of the Redwood tree at 315 Occidental Avenue and based on the information you have provided, I have made the following determination: This Redwood tree is growing two feet from the neighbors garage. The tree has three co -dominant leaders joined 1 %: feet from the ground and one leader has a co -dominant 20 feet from the base of the tree. Included bark is evident between two of the leaders and both leaders have the potential of splitting apart as the tree matures. The tree will eventually outgrow the area and cause damage to the nearby structure. Therefore, I intend to issue the permit for the removal of the Redwood tree. The tree is subject to the provisions of the Burlingame Municipal Code Chapter 11.06 060(d)(1), (1) The condition of the tree(s) with respect to disease, danger of falling; proximity to existing or proposed structures, yards, driveways and other trees; and interference with public services; Replacement with one 24-inch box standard single stem size landscape tree (no fruit or nut) will be required to be planted anywhere on the private property as defined in Section 11.06.090. If you agree with the conditions, please sign the enclosed permit and return in the self-addressed envelope by December 13, 2017. Adjacent property owner(s) at the address(s) listed below are also receiving notification of this decision. Appeals to this decision or any of its conditions or findings, must be filed in writing to our office by December 13, 2017 as provided in Section 11.06.080 of the Urban Reforestation and Tree Protection Ordinance (Burlingame Municipal Code Chapter 11.06). The permit will be issued on December 13, 2017 if no appeal has been received by that date. Sincerely, Bob Disco Park Superintendent/City Arborist BD/gb Enclosure CC: Property Owner 300 Occidental Avenue Burlingame, CA 94010 Property Owner 301 Occidental Avenue Burlingame, CA 94010 Property Owner 309 Occidental Avenue Burlingame, CA 94010 Property Owner Property Owner Property Owner 310 Chapin Lane 316 Chapin Lane 320 Chapin Lane Burlingame, CA 94010 Burlingame, CA 94010 Burlingame, CA 94010 Property Owner 317 Occidental Avenue Burlingame, CA 94010 Property Owner 1612 Ralston Avenue Burlingame, CA 94010 Property Owner 321 Occidental Ave Burlingame, CA 94010 EXHIBIT C Gabriel Gregson 1612 Ralston Ave. Burlingame, CA 94010 December 12, 2017 City of Burlingame Parks & Recreation Department 850 Burlingame Ave. Burlingame, CA 94010 Attn: Bob Disco RE: Appeal of Permit Application to Remove Redwood Tree at 315 Occidental Ave. Dear Sir: Reference is hereby made to (i) the application by Greg Gambrioli to remove a Redwood tree located at 315 Occidental Ave., Burlingame 94010 (the "Redwood Tree") and (ii) that certain letter dated November 30, 2017 from the City of Burlingame Parks & Recreation Department to Greg Gambrioli (the "Letter"). The Letter states that the justification for removal of the Redwood Tree is that it is located two feet from the neighbor's garage. The garage referenced in the application and the Letter appears to be the garage located on my property at 1612 Ralston Ave. Given the age of the tree and the proximity from our garage I disagree with the findings and do not believe this tree, which appears to be in good health, presents any issues to the garage or is in danger of falling. Given the natural beauty and significance of the Redwood Tree I believe this tree should be left alone and should not be removed. I hereby appeal the decision and the findings specified in the Letter. Very truly yours, Gabriel Gregson 5 'EC 13 2 017, lUl ILI �:oe1 UGc^rf�� O�fa-kr�— 3 C� ,Vow 0 V-6- jam. 0 0 C4 EPZO DEC 15 2017 D By Tina Ashamalla 301 Occidental Ave. Burlingame, CA 94010 City of Burlingame Parks & Recreation Department 850 Burlingame Ave. Burlingame, CA 94010 Dear Bob Disco, I received a letter about the removal of the beautiful redwood tree at 315 Occidental and would like to express my concern and disapproval. The tree is lively and doesn't seem to have any issues. I completely understand wanted to remove it because I have three of them in my own backyard and they take up a lot of room but if we were all allowed to remove them — then there would be nothing left. Please reconsider allowing this to happen. Many of our neighbors are unhappy with this decision so we really hope you overturn it. Thank you, Tina Ashamalla EXHIBIT D 11.06.010 Chapter 11.06 URBAN RE, FORESTATION AND TREE PROTECTION Sections: 11-06.010 Purpose and intent. 11.06.020 Definitions. 11.06.030 Nomination and listing of protected trees. 11.06.040 Emergencies. 11.06.050 Prohibitions and protections. 11.06.060 Notices and permits required for removal or work significantly affecting protected trees. 11.06.070 Decision by director. 11.06.080 Appeal. 11.06.090 Tree requirements. and reforestation. 11.06.100 Penalty. 11.06.010 Purpose and intent. The city of Burlingame is endowed and forested with a variety of healthy and valuable trees which must be pro- tected and preserved. The preservation of these trees is essential to the health, welfare and quality of life of the citizens of the city because these trees preserve the scenic beauty of the city, maintain ecological balance, prevent erosion of top soil, counteract air pollution and oxygenate the air, absorb noise, maintain climatic and microclimatic balance, help block wind, and provide shade and color. For these same reasons, the requirement of at least one tree, exclusive of city -owned trees, on every residential lot in the city should be part of the permit process for any con- struction or remodeling. It is the intent of this chapter to establish conditions and regulations for the removal and replacement of existing trees and the installation of new trees in new construction and development consistent with these purposes and the reasonable economic enjoyment of private property. (Ord. 1057 § 1 (part), (1975); Ord. 1470 § 1, (1992); Ord. 1598 § I (Part), (1998)) 11.06.020 Definitions. Terms used in this chapter shall be defined as follows: (a) "Commission' means the Beautification Commis- sion of the city of Burlingame. (b) "Department" means the parks and recreation department of the city of Burlingame. (c) "Development or redevelopment' means any work, upon any property in the city of Burlingame which re- quires a subdivision, variance, use permit, building permit or other approval or which involves excavation, landscap- ing, or constriction in the vicinity of a protected tree. (d) "Director" means the director of parks and recrea- tion of the city of Burlingame. (e) "Landscape tree" means a generally recognized ornamental tree and shall exclude fruit, citrus, or nut - bearing trees. (f) "Protected tree" means: (1) Any tree with a circumference of forty-eight (48) inches or more when measured fifty-four (54) inches above riatural grade; or (2) A tree or stand of trees so designated.by the city council based upon findings that it.is unique and of impor- tance to the public due to its unusual appearance, location, historical significance or other factor; or (3) A stand of trees in which the director has deter- mined each tree is dependent upon the others for survival. (g) "Pruning" means 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. Pruning done without a permit or which does not conform to the provisions of a permit shall be deemed.a removal- (h) "Removal' means cutting to the ground,'extrac- tion, killing by spraying, girdling, or. any other means. (Ord. 1057 § 1 (part), (1975); Ord. 1470 §,1, (1992); Ord. 1492 § 1, (1993); Ord. 1598 § 1 (part), (1998)) 11-06.030 Nomination and listing of protected trees. Nomination for protected tree status under Section 11.06.020(f)(2) may be made by any citizen. The commis- sion shall review such nominations and present its recom- mendations to the city council for designation. A listing of trees so designated, including the specific locations thereof, shall be kept by the department and shall be available for distribution to interested citizens. The city council may remove a designated tree from the list upon its own motion or upon request. Requests for such action may originate in the same manner as nomina- tions for protected tree status. (Ord. 1057 § 1 (part), (1975); Ord. 1470 § 1, (1992); Ord. 1598 § 1 (part), (1998)) (Burlingame Supp. No. 2, 9-06) 236 11.106.040 Emergencies. . In the event .that an emergency condition arises whereby immediate action is necessary because of disease, or danger to life or property, a protected tree may be re- moved or altered by order of the.director or, if the director is unavailable, a responsible member of the police, fire, parks and recreation, or public works department. In such event, a report shall be made to the commission describing the conditions and necessity of such an order. (Ord. 1057 § 1 (part), (1975); Ord. 1470 § 1, (1992); Ord. 1598 § 1 (part), (1998)) 11.06.050 Prohibitions and protections. (a) No protected tree shall be removed from any par- cel without a permit except as provided in Section 11.06.040. (b) The following conditions shall be observed during construction or development of property: (1) Protected trees are to be protected by a fence which is to be maintained at all times; (2) Protected trees that have been damaged or de- stroyed by construction shall be replaced or the city shall be reimbursed, as -provided in Section 11.06.090; (3) Chemicals or other construction materials shall not be stored within the drip line of protected trees; (4) Drains shall be provided as required by the direc- tor whenever soil fill is placed around protected trees; and (5) Signs, wires or similar devices shall not be at- tached to protected trees. (Ord. 1057 § 1 (part), (1975); Ord. 1470 § 1, (1992); Ord. 1598 § 1 (part), (1998)) 11.06.060- Notices -and permits required for removal or work significantly affecting protected trees. (a) Removal or Pruning. Owners, or their authorized representative, of protected trees on public or private prop- erty shall obtain a permit to remove or prune a protected tree. The;application shall be on a form famished by the department and shall state, among other things, the number and location of the tree(s) to be removed or pruned by type(s) and the reason for removal or pruning of each. The application shall also include a photograph with correct botanical identification of the subject tree or tree(s). An authorized representative of the department shall make an inspection of the tree(s) and shall file a written report and his or her recommendations to the director. (b) Educational Conference before Work Commences. After receipt of an application, the director may require an educational conference to inform the owner of potential alternatives to the proposed removal or pruning. (c) Removal or Pruning of Protected Trees on Unde- vel6ped or Redeveloped Property. When an application for development or redevelopment of a property containing one or more protected trees is filed in any office or de- partment of the city, the person making such an applica- tion shall file a -site plan showing the location of buildings or structures or of proposed site disturbances, and the loca- tion of all trees. The director shall determine if all pro- tected trees are shown. An authorized representative of the department shall make an inspection and shall file a report of his or her findings and recommendations to the director. 237 11.06.050 Subject to the replacement provisions of Section 11.06.090, the director shall approve the removal of pro- tected trees within the footprint of approved construction in the R-1 zone, which construction does not require a variance,'conditional use permit, or special permit under Title 25 of this code. The notice and appeal provisions of Sections 11.06.070 and 11.06.080 shall not apply to such approvals. (d) Review. In reviewing applications, the director shall give priority to those based on hazard or danger of disease. The director may refer any application to another department, committee, board or commission of the city for a report and recommendation, and may require the applicant to provide an arborist's report. In reviewing each application, the director shall determine: (1) The condition of the tree(s) with respect to dis- ease; danger of falling; proximity to existing or proposed structures, yards, driveways and other trees; and interfer- ence with public utility services; (2) The necessity to remove the tree(s) in order to construct any proposed improvements to allow economic enjoyment of the property; (3) The topography of the land and the effect of the removal of the tree(s) on erosion; soil retention; and diver- sion or increased flow of surface waters; (4) The number of trees existing in the neighborhood 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- foot radius of the property containing the tree(s) in ques- tion; (5) The number of trees the particular parcel can ade- quately support according to good arboricultural practices; (6) The effect tree removal would have on wind pro- tection, noise and privacy; and (7) The economic consequences and obligations of requiring a tree to remain. (Ord. 1057 § 1 (part), (1975); Ord. 1470 § 1, (1992); Ord. 1492 § 2, (1993); Ord. 1598 § 1 (part), (1998); Ord. 1603 § 9, (1998)) 11.06.070 Decision by director. A decision shall be rendered by the director for each application. If an application is approved, it shall include replacement conditions in accordance with Section 11.06.090. The director shall give written notification of the decision to the applicant and all property owners within one hundred (100) feet of the property containing the tree(s) in question, and include a copy of the city Ur- ban Reforestation and Tree Protection Ordinance (Chapter 11.06). (Ord. 1057 § 1 (part), (1975); Ord. 1470 § 1, (1992); Ord. 1598 § 1 (part), (1998)) 11.06.080 11.06.680:. Appeal. Any person may appeal the decision of the director to the commission by fling.an appeal in writing with the director no later than 5:00 p.m. of the tenth calendar day aftei, 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 (5), days prior thereto. The .determination of the commission shall become final and conclusive in ten (1.0) 'days if no appeal is filed. Destruction; removal:;or other work on a protected tree shall; not. commence until after the ten (I 0)-day period has passed; .or;,if any appeal is filed, until the decision of the city. couneil..During.the period between the action of the commission and the .end of the ten 0 0)7day appeal period, any person. may; appeal such: action. to the city council. Such Appe4 .'shall bo in writing an . shall be filed with the city clerk During th.e same period the city council, on its owrimotion, maysusperid the, order of the commission for the purpose of'reviewing the action of the commission. A perirzit shall be Valid for six (6) months after the date it is issued. Under exceptional .circumstances, the director may issue one six (6) month extension. (Ord. 1470 § 1, (1992); 0 99.8)) 11 0G.090 Tree requirements'and reforestation., (a) Wheriever the developmentor redevelopment of a single family }iome,. duplex; apartment house or condomin = iurn results in, any increase in lot coverage or habitable "space (as defined by Chapter 25 of this code),. the property shall b'e required to meet'the following requirements:' (1)' One landscape tree for every One thousand (1,000) square; feet of lot coverage or habitable space for single family Homes or duplexes;. (2):. One landscape tree for every two thousand (2,000) ' sgiiare feet:of lot` 6gverage for apartment houses or con- dominiums. Lo. coverage.and labitable space shall include both ex�shng and new construction.. The director shall deter- mine th'e number of existing trees which are of an accept- able size, species. and location to be counted toward this requ;rpMgnt,. Ariy additional trees which are required shall meef the standards for replacenrient trees set forth in sub- sectiOn.(b) below. (by, Permits for removal of protected tree(s) shall in- clude. replanting conditions with the following guidelines: (1) Replacement shall be three (3) fifteen (I5)-galIon size; one twenty-four (24)-inch box size, or one thirty-six (36)4pch box size landscape tree(s) for each tree removed as determiiied.below. (2) Any.tree removed without a valid permit shall be replaced by two (2) 24-inch box site, or two (2) 36=inch 238 box size landscape trees for each tree so removed as de- termined below. (3) Replacement of a tree be waived by the director if a sufficient number of trees exists on the property to meet all other requirements of the Urban Reforestation and Tree Protection ordinance. ' (4) Size and number of the. replacement tree(s) shall . be determined by the director and shall be based on the species, location and value of the tree(s) removed. (5) If replacement ♦'Fees, as designated in subsection (b)(1) or (2) above, as applicable, cannot be planted on the - property, payment of equal value shall be made to the city. Such payments shall be deposited in the tree planting fund to be drawn upon for public tree planting. (Ord. 1470 § 1, (1992); Ord. 1492' § 3, (1993); Ord. 1598 § 1 (part), (1998)) 11.06.100 Penalty. In addition to any other penalties allowed by law, any person removing or pruning a tree in violation of this ordi- nance is liable to treble damages as set forth in Section 733 of the Code of Civil Procedure of the State of California. Damages for.thispurpose shall be replacement value of the tree as determined by the International Society of Arbori- culture Standards. (Ord. 1470 §. 1, (1992); Ord. 1598 § 1 (part), (1998)) G - .fir• ,: _ Intl!, P.Y. TA Pkil J4; 40- ij 101