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Home My WebLink AboutAgenda Packet - BC - 1998.06.04NOTICE BURLINGAME BEAUTIFICATION COMMISSION June 4, 1998 5:30 P.M. CITY HALL CONFERENCE ROOM "A" AGENDA I. ROLL CALL H. MINUTES OF MAY 7, 1998 III. CORRESPONDENCE IV. OLD BUSINESS A. Appeal of Decision to Remove 1 Private Redwood Tree @ 1428 Cabrillo Avenue B. Reforestation Ordinance Revisions C. Revision of City Street Tree List - Committee Report V. NEW BUSINESS A. Cancellation of July 2nd Commission Meeting B. Appointment of Nominating Committee for Election of Officers VI. REPORTS A. Park Superintendent B. Chairman C. Commissioners VII. FROM THE FLOOR �C CITY CITY OF BURLINGAME 9U RLIIVGA ME PARKS & RECREATION DEPARTMENT MEMORANDUM "Arco July 16, 1998 TO: Beautification Commission FROM: John Williams SUBJECT: FYI - Meeting Wit CalTrans re El Camino Real Trees E <A i Six (6) members of the City staff met with five (5) members of the CalTrans staff on July 10 to discuss the ongoing issue of the health and safety of El Camino Real trees that fall under the supervision of CalTrans. Proposed Removals at This Time. In June, CalTrans staff had proposed removing 26 trees which have sustained vehicle hits and which their Arborist felt were not in good health and posed a danger. City staff reviewed the 26 trees proposed for removal and agreed that it would be appropriate to remove 13 trees that are showing signs of injury and decay. All of the trees under study are on the Northbound side of the highway. CalTrans staff also stated that they have plans to remove five (5) additional large trees located at the intersection of Floribunda, but within the Town Limits of Hillsborough. These trees will be removed to improve the intersection at that location and none of the trees suggested for removal appear to be unhealthy at this time. All present at the meeting felt that it would be important to test and study all 18 trees proposed for removal before they were taken down so as to establish more base line information in the use of the Resistograph testing device first studied last summer. Evaluation of All El Camino Real Trees. It was agreed that a committee of two CalTrans staff and two City staff will be formed to develop a ranking system and begin a systematic evaluation of every tree along the State Highway in Burlingame. That evaluation will consider all pertinent factors and the committee will begin its work soon. Any proposed future removals should be proposed on the basis of the list created by the evaluation. Ci1y Participation in CalTrans Work. It was agreed that since both agencies believe that more aggressive (and thus more costly) pruning should reduce the risk of large Eucalyptus tree failure, the City should consider participating financially in future trimming. Both agencies also believe that a thorough study of root systems for all of the trees could be helpful and the City may wish to participate financially in such a study. Delay in Road Improvements. CalTrans stated that they have delayed any major road improvements on El Camino Real in Burlingame for at least two budget years. A new type of quick resurfacing material will be placed on the highway during the current fiscal year as a pilot project. Hopefully, this work can occur after the City is through with the current sewer system repair project. '"\ 'IN CITY CITY OF BURLINGAME BURLINGAME PARKS & RECREATION DEPARTMENT 850 Burlingame Avenue. Burlingame, California 94010-2899 �% Telephone (650) 696-3770 Parks / Trees (650) 696-7245 c•'Pon ""° �' Fax 650 696-7216 • E-mail: burlrec'a aol.com June 18, 1998 Richard Kelly 1436 Cabrillo Avenue Burlingame, CA 94010 RE: REQUEST FOR REMOVAL OF ONE REDWOOD TREE @ 1428 CABRILLO AVE. - BURLINGAME Your appeal to the City Council has been received regarding the Beautification Commission's `-- decision to deny the appeal for the removal of one Redwood tree at the above address. The City Council will hold a hearing on this appeal at the July 6th Council meeting. The City Council meets at 7:00 p.m. in the Council Chambers at City Hall should you wish to attend. If you have any questions, you may contact the Parks Division at (650) 696-7245. Sincerely, �N Richard P. Quadri Sr. Landscape Inspector M ��. CT CITY OF BURLINGAME BURLINGAME PARKS & RECREATION DEPARTMENT 850 Burlingame Avenue, Burlingame, California 94010-2899 r • Telephone (650) 696-3770 • Parks / Trees (650) 696-7245 Fax (650) 696-7216 - E-mail: burlrec@aolcom c•�'"""T`" ..E�u. June 18, 1998 Violet Guerra 1433 Cabrillo Avenue Burlingame, CA 94010 RE: REQUEST FOR REMOVAL OF ONE REDWOOD TREE @ 1428 CABRILLO AVE. - BURLINGAME Your appeal to the City Council has been received regarding the Beautification Commission's \.. decision to deny the appeal for the removal of one Redwood tree at the above address. The City Council will hold a hearing on this appeal at the July 6th Council meeting. The City Council meets at 7:00 p.m. in the Council Chambers at City Hall should you wish to attend. If you have any questions, you may contact the Parks Division at (650) 696-7245. Sincerely, Richard P. Quadri Sr. Landscape Inspector CITY CITY OF BURLINGAME BU RLINGAME� PARKS & RECREATION DEPARTMENT j 850 Burlingame Avenue, Burlingame. California 94010-2899 Telephone (650) 696-3770 Parks / Trees (650) 696-7245:,� Fax (650) 696-7216 E-mail: burlrecC aol.com , June 18, 1998 Conrad and Alma Dacanay 1428 Cabrillo Avenue Burlingame, CA 94010 RE: REQUEST FOR REMOVAL OF ONE REDWOOD TREE @ 1428 CABRILLO AVE. - BURLINGAME Two appeals of the Beautification Commission's denial of the appeal for the removal of one Redwood tree at the above address have been received by the City Council. The City Council will hold a hearing on these appeals at the July 6th Council meeting. The City Council meets at 7:00 p.m. in the Council Chambers at City Hall should you wish to attend. If you have any questions, you may contact the Parks Division at (650) 696-7245. Sincerely, Richard P. Quadri Sr. Landscape Inspector O C- 0M CA RECEIVED June 12, 1998 J U N 1 51998 9+F,- CRY IQJ .: City Clerk Burlingame City Council City Hall 501 Primrose Lane Burlingame, CA 94010 RE: Request to remove Redwood tree @ 1428 Cabrillo Avenue. Parks & Recreation letter of June 5, 1998 To the members of the Burlingame City Council: I wish to appeal the June 4, 1998 ruling by the Beautification Commission to remove the referenced tree. Since the tree is not diseased, I see no reason for it to be cut down. Previous owners of the property kept the tree well maintained. The tree has not been pruned, clipped, whatever in at least ten (10) years. Looking at tree, the main trunk is very straight. The second trunk sprouting from one side could perhaps be cut without any damage to the main truck. If the tree was diseased, I would be the first one to want the tree removed. Winter storm winds blow toward the direction of my house. If the tree fell, it would land on my house. I believe that with proper pruning and maintenance, the tree can remain. I hope you will overturn the Beautification Commission ruling Very truly yours, ��6Richard Kelly 1436 Cabrillo Avenue Burlingame, CA 94010-4709 (650) 344-3382 M CITY c� CITY OF BURLINGAME YAk- V ¢ BYRLI, GAME PARKS & RECREATION DEPARTMENT 850 Burlingame Avenue, Burlingame, California 94010-2899 '�o �= •/ Telephone (650) 696-3770 Parks / Trees (650) 696-7245 Fax (650) 696-7216 E-mail: burlrec @ ,aol.com June 5, 1998 Conrad & Alma Dacaney 1428 Cabrillo Avenue Burlingame, CA 94010 RE: APPEAL OF REQUEST TO REMOVE ONE PRIVATE REDWOOD TREE @ 1428 CABRILLO AVENUE - BURLINGAME At its regular meeting of June 4, 1998, the Burlingame Beautification Commission voted 4-2-1 (absent) to deny the appeal and issue a permit to remove one Redwood tree at the above address. This decision �. can be appealed to the City Council within 10 days. If no appeal is received by June 22, 1998, I will issue the permit. Please call (415) 696-7245 if you have any questions. Sincerely, Richard P. Quadri Sr. Landscape Inspector RPQ/kh CITY CITY OF BURLINGAME BURLINGAME PARKS & RECREATION DEPARTMENT 850 Burlingame Avenue, Burlingame, California 94010-2899 o- Telephone (650) 696-3770 Parks / Trees (650) 696-7245 "A�j Fax (650) 696-7216 E-mail: burlrec(&aol.com June 5, 1998 Richard Kelly 1436 Cabrillo Avenue Burlingame, CA 94010 RE: REQUEST TO REMOVE 1 REDWOOD TREE @ 1428 CABRILLO AVENUE - BURLINGAME At its meeting of June 4, 1998 the Beautification Commission voted 4-2-1 (absent) to deny your appeal for the removal of one Redwood tree at the above address. R This decision can be appealed to the City Council in writing within 10 days of receipt of this letter. If you have any questions regarding this matter, you can call the Parks Division at (415) 696-7245. Sincerely, Richard P. Quadri Sr. Landscape Inspector RQ/kh 0q c n� RECEIVED Q J U N 1 5 1998 CtTY COVI&WEPLE June 10, 1998 Dear Burlingame City Council, I am appealing the decision to grant a permit to remove the Redwood tree at 1428 Cabrillo Avenue. I have lived at 1433 Cabrillo Avenue since September 30, 1979 and one of the many reasons we decided to move to Burlingame was all the beautiful trees which add a natural beauty to the neighborhood. My first concern is safety for the neighbors and their properties, however the previous owners of the subject property, Howard and Vivian Patrick, had the tree trimmed on a regular basis. The current owners, to my knowledge, have never had the tree trimmed and have allowed Acacias to grow around it. The Patricks had many fruit trees on their double lot. I believe the current owners have cut down all or almost all of the fruit trees and replaced the area with concrete slab on which they are storing approximately ten automobiles. This indicates to me that the current owners have no regard for the natural beauty of the environment. How do we know the real purpose behind their request a permit to remove this beautiful Redwood tree? Is their intention to store more automobiles? I also understand that Redwoods are not susceptible to disease, but that Pines are and must be removed. If we begin removing trees without complete investigation, there will not be very many left in our "City of Trees". I understand that an Arborist has not been out to examine the tree and that other measures to save the tree have not been investigated. I feel that Burlingame should do a complete investigation of this matter. If you have any questions, don't hesitate to contact me at my office 650/696-1400 or home 650/344-9209. Sincerely, Violet Coturri Guerra CITY CITY OF BURLINGAME B,,R�,ry�AME PARKS & RECREATION DEPARTMENT _ 850 Burlingame Avenue. Burlingame. California 94010-2899 Telephone �(415) 696-3770 • Parks / Trees (415) 696-7245 Fax (415) 696-7216 E-mail: burlrec@aol.com May 8, 1998 Richard Kelly 1436 Cabrillo Avenue Burlingame, CA 94010 RE: REQUEST TO REMOVE 1 REDWOOD TREE @ 1428 CABRILLO AVENUE - BURLINGAME At its meeting of May 7, 1998 the Beautification Commission received your appeal to the request to '�-- remove one Redwood tree at the above address. The Commission will review this matter and render a decision at their June 4, 1998 meeting. The Commission meets at 5:30 p.m. in Conference Room "A" at City Hall should you wish to attend. Sincerely, Richard P. Quadri Sr. Landscape Inspector RQ/kh � CITY OF BURLINGAME BURLINGAME PARKS & RECREATION DEPARTMENT 850 Burlingame Avenue, Burlingame, California 94010-2899 �� • Telephone �(415) 696-3770 • Parks / Trees (415) 696-7245 Fax (415) 696-7216 • E-mail: burlrec@aot.com May 8, 1998 Conrad & Alma Dacanay 1428 Cabrillo Avenue Burlingame, CA 94010 RE: REQUEST TO REMOVE 1 REDWOOD TREE @ 1428 CABRILLO AVENUE - BURLINGAME At its meeting of May 7, 1998 the Beautification Commission received your application to remove `-- one Redwood tree at the above address, and the appeal of that removal from the resident at 1436 Cabrillo Avenue. The Commission will review this matter and render a decision at their June 4, 1998 meeting. The Commission meets at 5:30 p.m. in Conference Room "A" at City Hall should you wish to attend. Sincerely, Richard P. Quadri Sr. Landscape Inspector CITY o� CITY OF BURLINGAME BURLEi PARKS & RECREATION DEPARTMENT 850 Burlingame Avenue. Burlingame. California 94010-2899 Telephone (415) 696-3770 - Parks / Trees (41 5) 696-7245 Fax (415) 696-7216 - E-mail: burlrec@aol.com May 1, 1998 Conrad & Alma Dacanay 1428 Cabrillo Avenue Burlingame, CA 94010 RE: REQUEST FOR REMOVAL OF 1 REDWOOD TREE @ 1428 CABRILLO AVENUE - BURLINGAME We have received a protest relating to the removal of the Redwood tree at the above address. The Beautification Commission will receive the letter of protest and your application at the May 7, 1998 meeting and will render a decision at the June 4, 1998 meeting. The Commission meets at 5:30 p.m., in conference room "A" at City Hall, 501 Primrose Road should you wish to attend. Please call the Parks Division at (650) 696-7245 if you have any questions. Sincerely, . 1,� RicharzIP P. Quadri Sr. Landscape Inspector RPQ/kh t� Richard Kelly 1436 Cabrillo Avenue Burlingame, CA 94010 APRIL 29, 1998 MR. RICHARD P. QUADRI SR. LANDSCAPE INSPECTOR CITY OF BURLINGAME PARKS & RECREATION DEPARTMENT 850 BURLINGAME AVENUE BURLINGAME, CA 94010 SUBJECT: REQUEST FOR REMOVAL OF ONE (1) REDY00D TREE @ 1428 CABRILLO AVENUE, BURLIMnAMF, CA. 94010 REFERENCE YOUR LETTER DATED APRIL 20, 1998. DEAR MR. QUADRI: �- THIS IS TO INFORM YOU THAT^APPEALING YOUR DECISION TO REMOVE THE SUBJECT TREE. VERY TRULY YOURS, 4 ICHARD KELLY 1436 CABRILLO AVENUE BURLINGAME, CA 94010 (650) 344-3382 L CITY o� CITY OIE F BURLINGAT BU RLINGAME PARKS & RECREATION DEPARTMENT 850 Burlingame .Avenue. Burlingame. California 94010-2899 • Telephone (415) 696-3770 • Parks /Trees (415) 696-7245 Fax (415) 696-7216 • E-mail: burlrec@aol.com April 20, 1998 Conrad & Alma Dacanay 1428 Cabrillo Avenue Burlingame, CA 94010 RE: REQUEST FOR REMOVAL OF ONE REDWOOD TREE @ 1428 CABRILLO AVE. - BURLINGAME I reviewed your request for the removal of 1 Redwood tree, facing the house on the left most side, at the above address and have made the following determination: 1) The tree has two main stems (split trunk), causing a weak attachment that poses a potential hazard to applicant's and adjacent property. 2) The tree's structural problem cannot be corrected by pruning. 3) Replacement as defined in Section 11.06.090 will be required. If you wish to appeal this decision or any of its conditions or findings, you must file a written request by May 1. 1998 as provided in Section 11.06.080 of the Urban Reforestation and Tree Protection Ordinance (Burlingame Municipal Code Chapter 11.06). If you agree with the conditions listed at the bottom of the Permit Application, please sign and return to our office in the enclosed self-addressed envelope before the permit is issued. The permit will be issued if no appeal has been received by that date. Sincerely, Richard P. Quadri Sr. Landscape Inspector RPQ/kh Enclosure PROTECTED TREE REMOVAL PERMIT APPLICATION PARKS AND RECREATION DEPARTMENT 850 BURLINGAME AVENUE BURLINGAME, CA 94010 (650)696-7245 0 TREE CITY USA The undersigned owner of the property at: ADDRESS: I�QS (�A'M\l-LO AV6t,�u� �3u,R L-INCcAME CA 9g010 (print or type) hereby applies for a permit to remove or prune more that 1 /3 of the crown or roots of the following protected tree(s): SPECIES RLO QDO19 CIRCUMFERENCE 1 LOCATION ON PROPERTY FkQ 6c -i"}iE usr1 .EFT MOST 5 1F WORK TO BE PERFORMED REMIDO-U 9-F TIZEE REASON WORK IS NECESSARY 5AFu-ry , 02A-gDouS FOR, K105 ANP --taiease use back of from for dditionaal comments NOTE: A PHOTOGRAPH OF THE TREE(S) MUST BE SUBMITTED WITH THIS APPLICATION i C eu wx) OWNER CbKOW % A LHP' -Pft - AY ADDRESS VAa$ C,AORIU-0 AVE PHONE (_�?V 34- q 3VJ PERMIT 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. OWNERAl CITY REPRESENTATIVE CONDITIONS DATE PERMIT EFFECTIVE PERMIT EXPIRES A copy of this permit must be available at the job site at all times when work is being performed L April 23, 1998 City of Burlingame Parks and Recreation Department 850 Burlingame Avenue Burlingame, Ca 94010-2899 Attention: Mr. Richard Qaudri Senior Landscape Inspector Reference: Request for Removal of one Redwood Tree at 1428 Cabrillo Avenue, Burlingame Dear Mr. Quadri, Enclosed is our acceptance of the condition to replace above tree with another tree in order to have our request for removal approved. We will purchase the required 24" box size tree so that you can inspect it and we can proceed with having the tree removed at the soonest time possible. Thank you very much for your very prompt action. My family and I appreciate your understanding about the hazard this tree imposes on us. Very truly yours, i Alma Dacanay QIJi-tlI I �,-1 L-V 6 i c✓l "9,n -ca -ir s't I:s GIV p "%• J� a/, y . JS - I �C'�i--G'r►1r z�_•l t�/ �? �'J'1/r=�� 1�'(i7 �1) 1 /j c I re?it / ,*/'•v —r � to l o/b L. Wi 1 2 3 4 5 6. iA 8 911I 10 11 12 13 � 14 15 16 17 18 19 20 21 ON 22 23 24 25 26 27 28 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 conditions and regulations for the removal and replacement of existing trees and the installation of new trees in new construction and L� 1 2 3 4 5 6 7 8 a 101 11 12 13 14 15 16 17 18 1 19 1 EMI 21 22 23 24 25 26 27 28 development consistent with these purposes and the reasonable economic enjoyment of private property. 1 11.06.020 Definitions. Terms used in this chapter shall be defined as follows: (a) "Commission" means the Beautification Commission 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 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" means the Director of Parks and Recreation 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 48 inches or more when measured 54 inches above natural grade; or (2) A tree or stand of trees 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" means the removal of more than one third ofthe 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, extraction, killing by spraying, girdling, or any other means. — 2 — 1 2 3 4 5 6 7 8 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 28 1 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 commission shall review such nominations and present its recommendations 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 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 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. 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 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 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 - 3 - 2. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 around protected trees; and (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(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 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 an application for development or redevelopment of a property containing one or more protected trees is filed in any office or department of the city, the person making such an 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 if all protected trees are shown. An authorized representative of the department shall make an inspection and shall 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. -4- OR 2 9 10 11 12 13 14, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 I determine: (1) The condition of the tree(s) with respect to disease; danger of failing; proximity to existing or proposed structures, yards, driveways and other trees; and interference 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 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(s) in 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; and (7) The economic consequences and obligations of requiring a tree to remain. 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 100 feet of the property containing the tree(s) in question, and include a copy of the city Urban Reforestation and Tree Protection Ordinance (Chapter 11.06). -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 28 11.06.080 Appeal. Any person may appeal the decision of the director to the commission by filing an appeal in writing with the director no later than 5:00 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 in ten days if no appeal is filed. Destruction, removal or other work on a protected tree shall not commence until after the ten-day period has passed, or, if any appeal is filed, until the decision of the city council. During the period between the action of the commission and the end of the ten-day appeal period, 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 the city 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 is issued. Under exceptional circumstances, the director may issue one six-month extension. 11.06.090 Tree requirements and reforestation. (a) Whenever the development or redevelopment of a single family home, duplex, 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: (1) One landscape tree for every 1000 square feet of lot coverage or habitable space for single family homes or duplexes; (2) One landscape tree for every 2000 square feet of lot coverage for apartment houses 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19i 20 21 22 23 24 25 26 27 1 28 meet the standards for replacement trees set forth in subsection (b) below. (b) Permits for removal ofprotected tree(s) shall include replanting conditions with the following guidelines: (1) Replacement shall be three 15-gallon size, one 24-inch box size, or one 36-inch box size landscape tree(s) for each tree removed as determined below. (2) Any tree removed without a valid permit shall be replaced by two 24-inch box size, or two 36-inch box size landscape trees for each tree so removed as determined below. (3) Replacement of a tree be waived by the director if a sufficient number oftrees 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 trees, 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. 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 requir 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 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 held on the 6th day of -July-, 1998, and adopted thereafter at a regular meeting of the City Council held on the 20'' day of July, 1998, by the following vote: AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CAWPS 1\FILES\ORDINANC\treeprotec2.p&r.wpd July 7, 1998 -8-