HomeMy WebLinkAboutAgenda Packet - BC - 1998.05.07CORRECTED DATE
NOTICE
BURLINGAME BEAUTIFICATION COMMISSION
MAY 7, 1998
5:30 P.M.
CITY HALL
CONFERENCE ROOM "A"
AGENDA
I. ROLL CALL
H. MINUTES OF APRIL 2, 1998
III. CORRESPONDENCE
IV. OLD BUSINESS
A. Reforestation Ordinance Revisions
V. NEW BUSINESS
A. Revision of City Street Tree List
VI. REPORTS
A. Park Superintendent
B. Chairman
C. Commissioners
VII. FROM THE FLOOR
L
M E M O R A N D U M
CITY OF BURLINGAME
CITY ATTORNEY
DATE: May 26, 1998
TO: Rich Quadri, Senior Landscape Inspector
FROM: Larry E. Anderson, City Attorney
RE : Urban Reforestation Ordinance Revisions
4QForwardp Y� gomi or
consider_ W,11 8�ne 4
meet' G
T F
Thank you for all the work that you and Beautification Commission put into the revisions to Chapter
11.06. I think they will make it much easier to read and use.
Enclosed is my redraft into ordinance form. I have incorporated the revisions with the following
additions or changes:
Page 2, Section 11.06.020: I have alphabetized the definitions so that they are easier
to find.
Page 3, Section 11.06.030: the convention used in our Municipal Code is not to
`- capitalize City Council in the Code. This same convention applies to employee titles
and boards and commissions. I cannot explain the reasoning, only that this is the
practice throughout the Code. Therefore, I have added the term "city" before council,
but I have not capitalized it.
Page 3, Section 11.06.040: I have tried to de -gender job titles wherever possible and
this is one example of changing "he" to "director."
Page 4, Section 11.06.050(b)(4): I added an "and" to demonstrate that the list is
cumulative.
Page 5, Section 11.06.060(d)(6): I added an "and" to demonstrate that the list is
cumulative.
— Page 6, Section 11.06.070: I added a "city" before the Ordinance title.
Page 7, Section 11.06.090(b)(1) and (2): I added "as determined below' because it
was not immediately apparent how someone might know which of the size
alternatives would be applied to a particular situation.
Page 7, Section 11.06.090(b)(3): I added "by director" after "maybe waived" because
it was not clear how a waiver occurred. I assumed that this waV the process.
Senior Landscape Inspector
Re: Revisions to Urban Reforestation Ordinance
May 26, 1998
Page 2
However, waivers may require Commission approval. Please let me know how this
should read.
Page 7, Section 11.06.090(b)(5): I changed "(b)(1) and (2) above" to "(b)(1) or (2)
above, as applicable".
Please let me know if these suggested changes are consistent with the Commission's direction and
procedures.
If it meets with approval, we can place it on the June 10 Council agenda for introduction.
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ORDINANCE NO.
ORDINANCE OF THE CITY OF BURLINGAME
AMENDING CHAPTER 11.06 OF THE MUNICIPAL CODE TO CLARIFY ITS
PROVISIONS AND ESTABLISH A CLEAR APPEAL PERIOD FOR PERMIT
APPLICATIONS
The CITY COUNCIL of the CITY OF BURLINGAME does
hereby ordain as follows:
Section 1. Chapter 11.06 is amended to read as follows:
Chapter 11.06
URBAN REFORESTATION AND TREE PROTECTION
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 protected 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 construction or
remodeling.
It is the intent of this chapter to establish 1 regulations for the removal
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i9d t. o f ...... ...... ... 6 trees and the installation of trees in new construction and
development consistent with these purposes and the reasonable economic enjoyment of
private property.
1 11.06.020 Derinitions.
Terms used in this chapter shall be defined as follows:
(a) "Commission" shaWmean$' the Beautification Commission ofthe City ofBurlingame.
(b) "Department" shall means the Parld 1.0 Department of the City of
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(c) "Development or redevelopment" shalt mean - s any work upon any property in the
City of Burlingame which requires a subdivision, variance, use permit, building permit or other
approval or which involves excavation, landscaping, or construction in the vicinity of a protected
tree.
(d) "Director" shall mean:':': the Director of Parks ist of the City of
Burlingame.
Mv..i ...e..a.-..-n ..
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. . .......... . shall ..-.e.kc ...U...... pJ......
(2) A tree# so designated by the city council based upon findings that
it is unique and of importance 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 determined each tree is dependent upon
the others for survival.
(;'g) "Pruning" is 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 t without a permit or
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not in conformance with #o the provisions of a permit shall be deemed a removal.
"Removal"hall means cutting to the ground, extraction, killing by spraying, girdling,
or any other means.
11.06.030 Nomination and listing of protected trees.
Nomination for protected tree status under Section 11.06.020(a)(2) or (1)(3) may be
made by any citizen. The commission shall review such nominations and present its
recommendations to the aid 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 M 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 nominations for protected
tree status.
11.06.040 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 removed or altered by
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order ofthe director or, ifheit is unavailable, a responsible member ofthe police, fire,
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parkic'fit, or public works department. In such event, a report shall be made to the
commission describing the conditions and necessity of such an order.
11.06.050 Prohibitions and protections.
(a) No protected tree shall be removed from any parcel without a permit except as
provided in Section 11.06.040.
(b) The following conditions shall be observed during constructionpr development of
property:
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(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 destroyed 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 director whenever soil fill is placed
around protected trees;
(5) Signs, wires or similar devices shall not be attached to protected trees.
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 property shall obtain a permit to remove or prune a protected tree. The
application shall be on a form furnished by the department and shall state, among other things,
the number and location of the tree to be removed or pruned by type and the reason for
removal or pruning of each. The application shall also include a photograph with correct
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botanical identification of the subject try flr tree f-s . An authorized representative of the
department shall make an inspection of the tree( and shall file a written report and his
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 undeveloped or redeveloped property.
When ti application for development or redevelopment of a property containing a priy
protected treei is filed in any office or department of the city, the person making such i
application shall file a site plan showing the location of buildings or structures or of proposed
site disturbances, and the location of all trees. The director shall determine i f#all protected trees
are shown. An authorized representative of the department shall make an inspection and shall
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file a report of his findings and recommendations to the director.
Subject to the replacement provisions of Section 11.06.090, the director shall approve
the removal of protected trees within the footprint of approved construction in the R-1 zone,
which construction does not require a variance or special permit under Chapter 25 of this code.
The notice and appeal provisions of Section 11.06.070 and 11.06.080 shall not apply to such
approvals.
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(d) . In reviewing applications, the director shall give priority to those based on
hazard or danger of disease. He may refer any application to another department,
committee, board or commission of the city for a report and recommendation, and may require
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the applicant to provide an arborist's report. In reviewing each application f ..fie shall
determine:
(1) The condition of the tree -or tree(s) with respect to disease; danger of falling;
proximity to existing or proposed structures, yards, driveways and other trees; and interference
with public utility services;
(2) The necessity to remove the h ee-or tree `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 hee-or treefton
erosion; soil retention; and diversion 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
or tre&n question;
(5) The number oftrees the particular parcel can adequately support according to good
arboricultural practices;
(6) The effect tree removal would have on wind protection, noise and privacy;
(7) The economic consequences and obligations of requiring a tree to remain.
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11.06.070 Decision by director.
A decision shall be rendered by the director for each application. If an application is
approved, it may W include replacement conditions in accordance with Section 11.06.090.
The director shall give written notification of the decision to the applicant and abutting 44
ro pperty owners
and include
a copy ofthe lrbnfoatrQn ... MU . ...... FOOSectim
11.06.080 Appeal.
Any person may appeal the decision of the director to the commission by filing an appeal
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in writing with the director no later than five ....
p.m. of the tenth calendar day after 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 days prior thereto.
The determination of the commission shall become final and conclusive upon
the adjottimnent of the city council at its next succeeding regula, meeting if no appeal is filed.
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Destruction, removal or other work on a protected tree shall not commence until after
acb ourntnent of the city council neethig or, if any appeal is filed, until the
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........... decision of the city council. During the period between the action of the commission and!W
council any person may appeal such action to the city council. Such appeal shall be in writing
and shall be filed with the city clerk. During the same period then council, on its own motion,
may suspend the order of the commission for the purpose of reviewing the action of the
commission. A permit shall be valid for six months after the date it becontes final.
11.06.090 Tree requirements and reforestation.
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(a) Whenever the development or redevelopment of a single family home, duplex,
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apartment house or condominium results in any increase in lot coverage or habitable space (as
defined by Chapter 25 of this code), the property shall be required to meet the following
requirements:
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.......... (1) One tree for every 1000 square feet of lot coverage or habitable space for
single family homes or duplexes;
(2) tree for every 2000 square feet of lot.e. .for apartment houses p.
I or condominiums.
Lot coverage and habitable space shall include both existing and new construction. The
director shall determine the number of existing trees which are of an acceptable size, species and
location to be counted toward this requirement. Any additional trees which are required shall
meet the standards for replacement trees set forth in Section (b) hereof.
(b) Permits for removal 'protected tree.'(.... shall include replanting conditions with the
following guidelines:
(1) Replacement shall be 11 il i 24 3 E) or*
3 fYL box depending upon the type WL . tj
(2) Any tree removed without a valid permit shall be replaced by two 2411
301L, or Min box size or each tree so removed �g
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trees f
POW
(3) Replacement of a tree that dies of natut at causes may be waived
sufficient number of trees exists on the property to meet all other requirements of
if a
(4) Size .. ..... .................... ........ . of the replacement tree( shall be determined by the director and
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shall be based on the species", location and value of the tree(g.-N.. removed.
(5) If replacement trees, as designated in subsection (b),—(I) and
(2) above, as
P 4 .,..p 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.
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11.06.100 Penalty.
In addition to any other penalties allowed by law, any person removing or pruning a tree
in violation of this ordinance is liable to treble damages as set forth in Section 733 of the Code
of Civil Procedure of the State of California. Damages for this purpose shall be replacement
value of the tree as determined by the International Society of Arboriculture Standards.
Section 3. This ordinance shall be published as required by law.
Mayor
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby
certify that the foregoing ordinance was introduced at a regular meeting of the City Council
held on the day of , 1998, and adopted thereafter at a regular
meeting of the City Council held on the _ day of , 1998, by the
following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CAWP51\FILES\ORDINANC\treeproteeLp&r.wpd
May 24, 1998
City Clerk
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