Loading...
HomeMy WebLinkAboutReso - CC - 148-2024RESOLUTION NO. 148-2024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING THE MASTER FEE SCHEDULE TO ADOPT A TREE REPLACEMENT IN- LIEU FEE AND AN INCREASE FOR APPEALS OF BEAUTIFICATION COMMITTEE DECISIONS; AND AUTHORIZING THE FINANCE DIRECTOR TO MAKE SUCH AMENDMENTS; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES 15078, 15061(b)(3) WHEREAS, the City of Burlingame has always sought to invest in, regulate, and protect its urban forest by updating the rules governing public and private trees; and WHEREAS, in 1971, the City Council added “Protection of City Street Trees” to Title 11 of the Burlingame Municipal Code (BMC), and later added Chapter 11.06, “Urban Reforestation and Tree Protection”; and WHEREAS, revisions to BMC Chapter 11.06 last took place in 1992 and 1998; and WHEREAS, City staff undertook significant review and discussion of other agencies’ tree protection codes and experiences, including but not limited to codes in the cities of Palo Alto, Menlo Park, Sacramento, Pasadena, and Santa Barbara; and WHEREAS, beginning in November 2023, the Beautification Commission, Planning Commission, and City Council held various public meetings to consider potential updates to BMC Chapter 11.06; and WHEREAS, on December ___, 2024, the City Council adopted Ordinance No.___ updating BMC Chapter 11.06 (the “Tree Ordinance Update”) to include new tree replacement requirements and procedures, including updates that necessitate amendments to the City of Burlingame Master Fee Schedule; and WHEREAS, the current Master Fee Schedule contains a fee for appeals of the Beautification Commission’s decisions that are made to the City Council, but the Tree Ordinance Update requires such appeals to be made to the City Manager; and WHEREAS, the Tree Ordinance Update’s new appeal procedure is nearly identical to the Wireless Permit appeal in that the City Manager will act as a hearing officer and thus the costs for such an appeal are also the same; and WHEREAS, the Tree Ordinance Update allows payment of an in-lieu fee for tree removal permit applicants who do not wish to replace a tree, and revenue generated will Docusign Envelope ID: 756924BF-BB5F-4F38-ADDA-2BC694010FBA be used to further tree planting and tree replacement to offset the effects of the tree removal; and WHEREAS, the in-lieu fee has been determined based on the labor and material costs of planting a new tree at the same diameter at standard height (DSH), and the amount of this in-lieu fee has been compared to neighboring jurisdictions and found to be similar; and WHEREAS, the in-lieu fee is an alternative to tree replacement as a condition of issuance of a tree permit and is not a tax under Proposition 26 because it falls under either or both exception 1 (fees for benefit and privileges) and exception 6 (fees for development of property). NOW, THEREFORE, BE IT RESOLVED: 1. The foregoing recitals are true and correct and are incorporated by reference into this action. 2. The proposed amendments to the Master Fee Schedule are administrative and are not a “project” under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15078, and even if these amendments were considered to be a project, their adoption would be exempt from CEQA review pursuant to CEQA Guidelines section 15061(b)(3) becau se it can be seen with certainty that minor edits to the Master Fee Schedule and adoption of an in -lieu fee would not have an impact on the environment. 3. The Master Fee Schedule is hereby amended as follows (deletions shown in strikeout, additions shown in italics/underline): TREES AND PARK FEES Unit Fee Memorial Tree Plantings 15 Gallon Per tree $350 24” Box Size Per tree $1,041 Memorial Bench Per bench $7,942 Additional Street Tree Plantings 15 Gallon Per tree $773 24” Box Size Per tree $1,041 Protected Tree Removal Application Fee Residential Per Application $439 Residential – No Public Notification Per Application $750 Docusign Envelope ID: 756924BF-BB5F-4F38-ADDA-2BC694010FBA Commercial Per Application $140 Failure to Meet Replanting Requirements of Permit Tree Replacement In-Lieu Fee Per Tree $1,500 $325 per inch of diameter at standard height Arborist’s Plan Review for landscaping requirements on planning applications Residential Each $166 Commercial Each $385 Arborist Check of construction plans and inspection of landscape requirements on building permit submittals Residential Each $333 Commercial Each $676 Appeal to City Council City Manager or designee from Beautification Commission decision (does not include noticing costs) Per Appeal $600 $968 Noticing, City Council Appeal Per Appeal $150 Street Banner Hanger Per Banner $940 Private Tree Emergency Work Business Hours (M‐F; 7‐3:30) Per Hour $134 After Hours (Weekends & Holidays) Per Hour $151 4. This Resolution shall not become effective unless and until the City Council adopts the Tree Ordinance Update (Ordinance No.___) and such Ordinance becomes effective. The Finance Director is hereby authorized to make the amendments to the Master Fee Schedule described above upon the effective date of this Resolution. _______________________________________ Donna Colson, Mayor Docusign Envelope ID: 756924BF-BB5F-4F38-ADDA-2BC694010FBA l, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify the foregoing resolution was adopted at a regular meeting of the City Council held on the 2nd day of December 2024 by the following vote: AYES: COUNCIL MEMBERS: BROWNRIGG, COLSON, LEE, PAPPAJOHN, STEVENSON NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE _______________________________________ Megan Hassel-Shearer, City Clerk Docusign Envelope ID: 756924BF-BB5F-4F38-ADDA-2BC694010FBA