HomeMy WebLinkAboutOrd 2037
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ORDINANCE NO. 2037
AN ORDINANCE OF THE CITY OF BURLINGAME REPEALING CHAPTERS 11.04
AND 11.06 OF THE BURLINGAME MUNICIPAL CODE AND ADOPTING A NEW
CHAPTER 11.06 WHICH WILL REGULATE THE URBAN FOREST AND TREE
PROTECTION PROGRAMS WITHIN THE CITY LIMITS; CEQA DETERMINATION:
EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15307 AND 15308
WHEREAS, the City of Burlingame has been endowed with a magnificent and
thriving urban forest that greatly contributes to the long-term aesthetic, environmental and
economic benefits to the local community; and
WHEREAS, the environmental benefits derived from trees are vast, and include
filtering of air pollutants, stabilization of soils, increasing oxygen levels, decreasing wind
speed and noise pollution, as well as providing a natural habitat to our local diverse wildlife;
and
WHEREAS, the City of Burlingame has a long history of protecting and enhancing
this vital resource; and
WHEREAS, this history has led to Burlingame’s proud and long-standing reputation
as a City of Trees, which began over a century ago; and
WHEREAS, in 1908, shortly after incorporating as a municipality, the City of
Burlingame passed its first tree protection measure protecting trees along El Camino Real;
and
WHEREAS, in 1971, City Council passed Burlingame Municipal Code (BMC)
Chapter 11.04, which established protections for City-owned trees; and
WHEREAS, in 1975, the City Council passed Burlingame Municipal Code Chapter
11.06, which established protections and requirements for privately-owned trees; and
WHEREAS, in 1992, 1993 and 1998, the Burlingame City Council amended Chapter
11.06 to ensure adequate care was given to the maintenance of our urban forest; and
WHEREAS, despite these updates, the programs and policies that were put into
place have become outdated as the City underwent development changes and
arboricultural practices evolved; and
WHEREAS, the Municipal Code’s implementation of outdated practices made it very
difficult for the City Arborist to implement and maintain appropriate tree care practices and
responsible growth of our vital urban forest; and
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WHEREAS, in addition to the creation of an Urban Forest Management Plan
(UFMP), the City Council felt it was also necessary to adopt a new Ordinance updating the
rules and regulations surrounding the maintenance and care of the City’s Urban Forest; and
WHEREAS, the Burlingame Beautification Commission held a public hearing and
discussion about a prospective new tree Ordinance on November 3, 2023 and May 2, 2024;
and
WHEREAS, the Planning Commission held public hearing and discussion
regarding the proposed Ordinance on May 28, 2024; and
WHEREAS, the City Council held public hearings on the proposed Ordinance on
November 20, 2023 and June 17, 2024 and October 7, 2024; and
WHEREAS, the City Council held public hearings on the proposed Ordinance on
November 20, 2023, June 17, 2024, October 7, 2024 and November 25th, 2024; and
WHEREAS, the proposed Ordinance represents the culmination of six public
hearings and years of staff research and has resulted in a comprehensive and updated
Ordinance to enhance the protection of the City’s invaluable urban forest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES ORDAIN AS FOLLOWS:
Section 1. The recitals set forth above are true and correct, and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council hereby finds that this Ordinance is in the public
interest.
Section 3. This Ordinance is exempt from CEQA pursuant to State CEQA
Guidelines Section 15307 as it assures the maintenance, restoration or enhancement of
a natural resource and the regulatory process involves procedures for protection of the
environment. The Ordinance is further exempt from CEQA pursuant to State CEQA
Guidelines Section 15308, as it assures the maintenance, restoration, enhancement or
protection of the environment and the regulatory process involves procedures for
protection of the environment. The City Council has independently reviewed the entire
record including the staff report, CEQA Memorandum prepared by David J. Powers &
Associates (attached to the staff report for this Ordinance and incorporated herein by
reference), and any and all public comments and has concluded that the Ordinance is
exempt from CEQA pursuant to CEQA Guidelines Sections 15307 and 15308.
Section 4. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion
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or sections of the Ordinance. The City Council of the City of Burlingame hereby declares
that it would have adopted the Ordinance and each section, subsection, sentence, clause
or phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared unconstitutional.
Section 5. Chapters 11.04 and 11.06 of the Burlingame Municipal Code are
hereby repealed, and replaced with a new Chapter 11.06 as reflected in Exhibit A,
attached hereto and incorporated herein by reference.
Section 6. Section 5 of this Ordinance shall be codified in the Burlingame
Municipal Code. Sections 1, 2, 3, 4, 6, 7, and 8 shall not be so codified.
Section 7. This Ordinance shall go into effect 30 days following its adoption.
Section 8. The City Clerk is directed to publish this ordinance in a manner
required by law.
___________________________
Donna Colson, Mayor
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the
foregoing ordinance was introduced at a public hearing at a regular meeting of the
City Council held on the 2nd day of December, 2024, and adopted thereafter on the 16
day of December 2024, by the following vote:
AYES: Councilmembers: BROWNRIGG, COLSON, LEE, PAPAJOHN, STEVENSON
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
_________________________________
Meaghan Hassel-Shearer, City Clerk
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EXHIBIT A
Chapter 11.06 – URBAN REFORESTATION AND TREE PROTECTION
11.06.010 Findings and Purpose
11.06.020 Definitions
11.06.025 Disclosure Obligations Upon Sale or Transfer of Real Property
11.06.030 Emergencies
11.06.040 Protected Trees Impacted by Development or Redevelopment Projects
11.06.050 City-owned Trees and Vegetation
11.06.060 Permits Required for Removal or Work Significantly Affecting Protected
Trees
11.06.070 Decision by Director
11.06.080 Tree Planting and Replacement Fund
11.06.090 Appeal
11.06.100 Tree Requirements and Reforestation
11.06.110 Notification of Protected Tree Removals
11.06.120 Violations and Penalties
11.06.130 Administrative Procedures and Regulations
11.06.140 Severability
11.06.010 – Findings and Purpose
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. Trees provide a multitude of
benefits to our community including:
1. Provide shade;
2. Enhance resilience to climate change;
3. Improve air quality;
4. Provide shelter from wind;
5. Prevent erosion and landslides;
6. Protect against flood hazards;
7. Add to the City’s scenic beauty and character;
8. Recognize historical significance to our City;
9. Create natural gathering places;
10. Reduce noise pollution;
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11. Enhance privacy;
12. Enhance neighborhood property values; and,
13. Provide habitat for wildlife.
It is the intent of this Chapter to establish conditions and regulations for the protection,
removal, and replacement of existing trees and the installation of new trees during
development consistent with these purposes and the reasonable economic enjoyment of
private property. Further, it is the intent of this Chapter to foster the health of and protect City-
owned trees which contribute greatly to the aesthetics and environmental health of the City.
11.06.020 - Definitions
(a) Terms used in this Chapter shall be defined as provided below, and as defined in the
International Society of Arboriculture (ISA) Glossary of Arboriculture Terms. If a conflict
between definitions exist, the definitions listed in this Chapter shall control. Terms not
having a special definition shall be defined according to their common usage and
meaning.
(1) “ANSI A300 Standards” or “ANSI Standards” means the most current version of the
American National Standard for Tree Care Operations-Tree, Shrub and Other Woody
Plant Maintenance-Standard Practice and accompanying best management practices
publications.
(2) “Appraised Value” means the monetary value of trees using trunk formula and
replacement costs methods as described in the most recent version of the ISA
workbook “Guide for Plant Appraisal,” or similar industry authority as designated by
the Director.
(3) “Certified Arborist” means a professional who possesses a current International
Society of Arboriculture (ISA) Arborist certification.
(4) “City Arborist” means an International Society of Arboriculture (ISA) certified individual,
employed by or under contract with the City as delegated by the Director of Parks and
Recreation and charged with making the determinations called for in this Chapter, and
generally responsible for overseeing the City’s tree programs as they may exist over
time.
(5) “City-owned Trees” means those trees that are situated on City-owned property
including but not limited to parks, natural wildlife areas and landscape areas around
City buildings. “City-owned trees” also includes those trees planted and/or maintained
by the City in City-owned right of ways.
(6) “Commission” means the Beautification Commission of the City of Burlingame.
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(7) “Containerized Planting” means a planting of trees in a human made structure of
permanence that limits soil volume and thus, the full growth potential of the tree.
(8) “Crown” means the upper part of a tree, measured from the lowest branch, including
all the branches and foliage.
(9) “Diameter at Standard Height (DSH)” means the level measurement of the trunk
diameter measured at 54” above soil grade. If ground is sloped, measurem ent is taken
from the upper side of the slope.
(10) “DSH of Multi-Trunk or Co-dominant Stems” means the level measurement of the
trunk taken below the main union when the main branching occurs at less than 54”
from soil grade.
(11) “DSH of Sloped or Angled Trunks” means the measurement when the trunk is at an
angle or is on a slope. The trunk is measured at a right angle to the trunk 54” along
the center of the trunk axis, on the upper slope.
(12) “Department” means the Parks and Recreation Department of the City of Burlingame.
(13) “Development or Redevelopment Project” means any work upon any property in the
City of Burlingame which requires a subdivision, variance, use permit, design review
permit, special permit building permit or other review or permit provided for under Title
25 of this Code or other approval or which involves excavation, landscaping, or
construction in the vicinity of a Protected Tree. “Development or Redevelopment” does
not include work undertaken by the City on property owned by the City or work
performed within or directly related to an easement or other right to property held by
the City.
(14) “Director” means the Director of Parks and Recreation of the City of Burlingame, or
his or her designee(s).
(15) “Dripline” means the area directly located under the outer circumference of the tree
branches, prior to any reduction pruning.
(16) “Excessive Pruning” means any of the following:
A. Removal of more than twenty-five percent (25%) of the functioning leaf , stem,
or root area of any Protected Tree in any thirty-six-month period.
B. Removal of more than fifteen percent (15%) of the functioning root area of any
Protected Tree in any thirty-six-month period.
C. Any removal of the functioning leaf, stem, or root area of a Protected Tree
which the Director, in their sole discretion, determines caused a significant
decline in health, increased risk of failure, or the structural altering of a tree.
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(17) “Landscape Tree” means a woody perennial usually having one dominant trunk and a
mature height of greater than 15 feet and mature width of 10 feet at twenty years of
age according to the United States Department of Agriculture, Natural Resources
Conservation Service, PLANTS Database, or similar database as designated by the
Director.
(18) “Habitable Space” means structures on a property intended for habitation.
(19) “Hazardous Tree” means a tree or tree part that has significant increased likelihood to
cause harm.
(20) “Heritage Tree / Heritage Grove” means a significant tree or geographically related
trees (grove) that has been designated by the Beautification Commission, City
Council, or Director as meeting criteria for the heritage tree program.
(21) “ISA” means the International Society of Arboriculture organization.
(22) “Neighborhood” means the area within a 300-foot radius of a tree.
(23) “Paving” means pervious and impervious surfaces that prevent vegetative growth.
(24) “Private Tree” means any tree located on privately owned property within the City other
than those designated as “City-owned Trees” under this Chapter. “Private Tree”
includes trees owned and controlled by any entity other than the City, including other
public entities.
(25) “Project Arborist” means certified arborist retained by a property owner for the purpose
of overseeing on-site activity involving the welfare of trees to be retained during a
construction or Development or Redevelopment Project. Unless otherwise noted by
the Director, the Project Arborist shall be responsible for all reports, appraisals, tree
protection plan, and inspections required.
(26) “Protected Tree” means:
A. Any City-owned or maintained tree.
B. Any Private Tree with a circumference of forty-four (44) inches (14-inch
DSH) or more when measured fifty-four (54) inches above natural
grade; or
(1) When measuring the DSH of Multi-Trunk or Co-dominant
Stems, or DSH of Sloped or Angled Trunks, the forty-four (44) inch
(14-inch DSH) circumference measurement shall be determined as
defined in this Chapter above.
C. A designated Heritage Tree or Heritage Grove, or any other tree or
stand of trees or species of tree, so designated by the Beautification
Commission, City Council, or Director based upon findings that it is
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unique and of importance to the public due to its unusual appearance,
location, historical significance or other factor; or
D. A stand of Private Trees in which the Director or designee has
determined each tree is dependent upon the others for survival; or
E. Replacement trees, regardless of size, that were required to be planted
as replacements for authorized and unauthorized protected Private
Tree removals
F. Reforestation trees required to be planted for a Development or
Redevelopment Project pursuant to 11.06.100.
(27) “Pruning” means the removal of dead, dying, diseased, live interfering, and structurally
deficient branches and shall be defined as set forth in the most recent standards of
the American National Standards Institute (ANSI) A300 Best Management Practices,
which may be amended from time to time. Pruning shall not exceed removal of more
than 25% of live tissue within a thirty-six-month period unless otherwise permitted by
the Director. See “Excessive Pruning” definition for further details regarding limitations.
(28) “Removal” means cutting to the ground, extraction, killing by spraying, girdling, pruning
the tree in a manner that reduces the health or condition of a tree, or any other means
that significantly reduces the longevity of the tree.
(29) “Stand of Trees (Grove)” means a group of trees occurring naturally or planted close
together with little or no under growth.
(30) “Structural Alteration” means alteration of the natural form of the tree or root system
which would thereby prevent the tree from achieving the typical height and width the
canopy would normally present as.
(31) “Structural Lot Coverage” means the build footprint, paved area or any other pervious
or impervious improvement that restricts growing space on a parcel.
(32) “Tree Protection Plan (TPP)” means a plan prepared by a certified arborist that outlines
measures to protect and preserve trees on a construction (or similar) project. The
requirements for the plan shall be set by the City Arborist, but the plan should generally
include requirements for pre-construction; treatments during demolition and/or
construction; establish a Tree Protection Zone for each Protected Tree; tree
monitoring and inspection schedule; and continued maintenance after construction for
each Protected Tree.
(33) “Tree Protection Zone (TPZ)” means a defined area within which certain activities are
prohibited or restricted to prevent or minimize potential injury to designated trees,
especially during construction or development. Unless otherwise directed by the City
Arborist, the Tree Protection Zone shall be a fenced enclosure for the purpose of
achieving the following goals:
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A. Protection of foliage and branches from contact by equipment, materials
and activities.
B. Preservation of roots and soil conditions in an intact and non-compacted
state.
C. Identify the Tree Protection Zone where no construction activity is permitted
unless otherwise approved by the Director or City Arborist.
11.06.025- Disclosure Obligations Upon Sale or Transfer of Real Property
(a) Not less than seven (7) business days before the sale or other transfer of residential
real property concludes, a selling or transferring property owner shall disclose to the
acquiring property owner, on a disclosure form provided by the City, whether the residential
real property to be sold or transferred contains Protected Trees as defined in this Chapter.
(b) If the selling or transferring property owner cannot determine whether trees located on
or adjacent to the property are Protected Trees, the seller or transferring property owner
shall request available documentation from the Department.
(c) Upon a written request, the Director may grant the selling or transferring property owner
an exemption in writing from the requirements of this section if the Director determines in
the interest of public safety that planting and maintaining trees on or adjacent to the
residential property at the time of sale or transfer is not appropriate. Such an exemption
does not run with the land and shall not allow any deviations from the disclosure
requirements upon residential real property sales or transfers for future sellers or
transferors.
11.06.030 – 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 unavailable and emergency conditions warrant such action, 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. If the tree designated for emergency removal is not removed by the owner
within seven calendar (7) days, the emergency removal permit may be rescinded by the
Director.
For purposes of this Section, the Director is given great deference to determine the existence
of an emergency that requires the removal or alteration of a Protected Tree.
11.06.040- Protected Trees Impacted by Development or Redevelopment Projects
(a) Where other discretionary approval is required: Where a property owner wishes to remove
or Excessively Prune a Protected Tree under this Chapter as part of a Development or
Redevelopment Project for which a discretionary approval under Title 25 of this Code is
otherwise required, the application for discretionary approval shall be accompanied by a
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permit(s) for the work under this Chapter to the decision maker for the discretionary
approval. An approval of the discretionary project shall result in an approval of the
accompanying permits under this Chapter. Any decision on the application for a permit
shall be subject to the same procedures for appeal and call for review as a decision on the
associated discretionary approval.
(b) Where no discretionary approval is required, and no State-mandated regulations require
ministerial approval of the project: Where a property owner wishes to remove or
Excessively Prune a Protected Tree under this Chapter on private property as part of a
Development or Redevelopment Project for which no discretionary approval is required
under Title 25, an application for a permit shall be made pursuant to the standard
application procedures and submittal requirements set forth in Section 11.06.060 and as
otherwise stated in this Chapter. Any appeal of this decision shall be governed by the
appeal procedures listed in Section 11.06.090.
(c) Where no discretionary approval is required, and State-mandated regulations require
ministerial approval of the project: Where a property owner wishes to remove or
Excessively Prune a Protected Tree under this Chapter on private property as part of a
Development or Redevelopment Project for which no discretionary approval is required
under Title 25 and State-mandated regulations require ministerial approval of the project
(including, but not limited to, Development or Redevelopment Project submitted pursuant
to Government Code Sections §65852.2 and § 65852.21, which may be amended from time
to time), the application for ministerial approval shall also be accompanied by an
application for a permit(s) under this Chapter to the reviewer of the ministerial approval
for all trees which would physically preclude the approved Development or
Redevelopment Project. An approval of the project shall result in an approval of any permit
for those trees which would physically preclude the approved Development or
Redevelopment Project, subject to the replacement and reforestation requirements of this
Chapter.
11.06.050 – City-owned Trees and Vegetation
The provisions of this Section shall govern actions affecting City-owned Trees and vegetation,
and shall be in addition to all other applicable provisions set forth in this Chapter.
(a) Duties of Director: It shall be the duty of the Director to implement a comprehensive tree
program for the City, including planting, pruning, plant health care activities and caring for
any trees, shrubs or plants and to remove any tree, shrub or plants which are determined
to be objectionable or hazardous in or upon any City right-of way, park, or other City-
owned area in the City. Actions taken by City staff in furtherance of such City tree program
shall be exempt from the permitting and appeal provisions of this Chapter.
(b) The Director shall develop and maintain a comprehensive plan of official street trees for
all streets of the City where planting areas are available and provided for trees, which may
be amended from time to time.
(c) The Director, in consultation with the Director of Public Works, shall have the authority to
prune, remove, and replant any City-owned Tree, shrub or plant that present a danger to
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pedestrian or vehicular safety in the right of way, including sidewalks, or that present
significant risk of harm to persons or permanent structures in the immediate vicinity of the
tree. Decisions to remove or prune City-owned Trees pursuant to this paragraph are not
appealable and are not subject to the noticing provisions of this Chapter.
(d) It is a violation of this Chapter to fasten any sign, wire, rope or any device to any City-
owned Tree, shrub or plant; to permit any fire or heated device to burn where the heat
thereof will injure any portion of the tree; to place or maintain any stone, cement, or other
substance so that it will impede the free access of air and water to the roots of any City -
owned Tree, or to otherwise damage or, through negligence, permit damage to occur to
a City-owned Tree. Paving of planting strips between the curb and edge of sidewalk in the
public right of way is not permitted except where necessary for safety or as required as
part of an accessibility accommodation plan. Such paving may only occur at the discretion
and with the written approval of the Director of Public Works or his or her designee, after
consultation with the Director.
(e) Planting in streets or other City-owned areas: It is a violation of this Chapter for anyone
other than the Director to place or plant any tree, shrub or plant in any public right of way
or public place in the City until the Director shall have first approved the kind and variety
to be planted, the location therefore, and granted a permit for planting the same. The
Director is authorized to approve varieties of trees which may be planted in planting strips
and no trees which do not receive such approval shall be planted. The Director shall
prepare a list of such trees, which may be amended from time to time.
(f) No right to remove or Prune or alter City-owned Trees: No person other than City
employees or authorized City contractors engaged in work on an approved tree program
shall have the right to remove, Prune, damage, or alter a City-owned Tree except as
provided by Section 11.06.030 or through a permit for such work granted under this
Section. A permit may be applied for from the Director, who is hereby authorized to grant
such a permit in his or her discretion upon application in the form provided by the
Department. Any such request will be considered based on the provisions of this Chapter,
ANSI A300 and established public tree removal criteria.
(g) Decision of Director: A decision on an application for a permit to perform work on a
protected City-owned Tree shall be rendered by the Director, who has the discretion to
approve, deny, or approve with conditions such application. Any permit granted under this
Section shall describe the contemplated work with particularity and provide for any
replacement plantings or payment.
(h) Trimming by public utilities: Any public utility corporation maintaining overhead wires may
request a permit from the Director valid for one year from date of issuance, that allows
such public utility corporation to prune any tree growing upon the street or which grow
upon private property to the extent that they encroach upon the street. Permission to
prune trees shall be granted where it can be shown that the trees or portions thereof are
likely to interfere with the safety of the overhead wires or the transmission of electrical
current or telephone messages.
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11.06.060 - Permits Required for Removal or Excessive Pruning of Protected Trees
(a) No Protected Tree shall be removed, structurally altered, or excessively pruned from any
parcel or pruned by any person without a permit, except as provided in Section 11.06.030
and 11.06.050.
(b) Application: Removal, Pruning or root pruning. Property owners or their authorized
representative shall not structurally alter, excessively Prune or remove Protected Trees
without first applying for and obtaining a permit from the Department. The permit
application shall be on a form furnished by the Department, which may be updated by
the Director from time to time. The application shall be accompanied by an application
fee in an amount established by resolution of the City Council. The Director may require
that the application be accompanied by:
(1) An arborist report from an arborist approved by the City;
(2) Designation of a Project Arborist, if so required by the Director;
(3) A site map indicating existing and proposed elevations, property lines, streets,
easements, driveways, buildings and structures, building and structure
setbacks, parking areas, existing and proposed land uses, and locations of all
trees with identification numbers;
(4) A Tree Replacement Plan including size, species, form and location;
(5) A Tree Protection Plan;
(6) Proof of compliance with any applicable City and/or California Contractors
State License Board licensing requirements;
(7) Authorization of the property owner;
(8) Any other information or report the Director determines to be necessary.
(c) Review. In reviewing each application, the Director (or, where a permit is submitted
pursuant to Section 11.06.040(a), the decision maker for the discretionary project) shall
weigh the following factors:
(1) The condition of the tree(s) with respect to: Disease, decay, structure, form
and vigor, likelihood and consequences of failure and impact proximity to
existing or proposed structures, yards, driveways and other trees,
infrastructure and growing space constraints, utilities and improvement conflict,
species desirability and age of the tree relative to average urban life span
typical of the species.
(2) Whether the tree must be removed to use the property for any City authorized
or permitted use under Title 25 for the zoning district in which the property is
located, and the use could not be made of the property unless the tree is
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removed.
(3) That the tree or its roots are causing, or threatening to cause, damage to any
main structure on the property or on any adjacent property and there are no
reasonable alternative means to mitigate the damage or threatened damage.
Reasonable alternative means of mitigation include, but are not limited to,
cutting tree roots, trimming the tree canopy, or installing a root barrier.
Removing, relocating, or in any way altering any main structure on the property
shall not be considered a reasonable alternative means of mitigation for the
purposes of this Section
(4) Species desirability, susceptibility to pests and disease and ability to host
pathogenic organisms that cause damage to other trees.
(5) 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 water .
(6) 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.
(7) The number of trees the particular parcel can adequately support according to
good arboricultural practices.
(8) The effect tree removal would have on wind protection, noise and privacy; erosion;
soil retention; and diversion or increased flow of surface waters.
(9) Whether an unusual or extraordinary circumstance exists whereby the denial of
the permit would create a unique economic burden on the property owner.
(10) Whether a public benefit as defined in Section 11.06.010 exists that, in the
Director’s determination, outweighs the above factors.
11.06.070 – Decision by Director
A decision shall be rendered by the Director for each application received in accordance with
Sections 11.06.050 and 11.06.060 within six months of receipt of a completed application,
which includes the payment of all fees. This limitation does not apply for those permits
submitted in accordance with Section 11.06.040. If an application for removal is approved, it
shall include replacement conditions in accordance with Section 11.06.100. The Director may
add Conditions of Approval to any Tree Removal Permit that are in furtherance of the goals
of this Chapter. The Director shall give public notification of the decision. Public notification
may be electronic or written. The Director may require additional notification measures as
applicable. Additional requirements of permit decisions are as follows:
(a) If a permit is approved to remove a City-owned Tree, removal work shall include removal
of the tree stump and nearby roots to a depth of eighteen (18) inches, and filling of the
hole with clean blend of soil as specified in the permit, unless these requirements are
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waived in writing by the Director. Additional requirements including, but not limited to
irrigation measures, staking and mulch may be required. If no replacement tree is required
by the Director, the permittee shall install soil, aggregate or paving to match the adjacent
area as specified in approved permit. The permittee also shall repair any damage to the
street, curb, or sidewalk caused by the tree’s removal.
(b) If an application for a tree permit is denied, no tree permit application for the same
proposed work may be filed within one year after the date of final denial by the authority
having final jurisdiction in the matter. This moratorium on the application period does not
include those associated with Section 11.06.030, or if the Director determines there has
been a material change in circumstances that led to the original decision.
(c) Applications will be denied for failure of the applicant to provide information and materials
requested within six months of the application date.
(d) Approved permits are valid for six months. Extensions shall be granted only for good
cause, and when in the benefit of the urban forest.
11.06.080 – Tree Planting and Replacement Fund
A Tree Planting and Replacement Fund is established for the purposes of enhancing the
urban forest. The in-lieu fees and any civil penalties collected pursuant to this Chapter shall
be deposited into the Tree Planting and Replacement Fund. Except as provided in this
Section, the Tree Planting and Replacement Fund shall not be used for any purpose other
than for enhancement of the urban forest (including, but not limited to, establishing new
planting locations and support systems such as installation of irrigation, silva-cells, root
barriers and drainage) and preservation programs (including the creation of programs to
support the preservation of mature Protected Trees, under-plantings as part of a tree planting
program, and other activities that support the purposes of this Chapter). The City Council may
direct that the Tree Planting and Replacement Fund be used for the implementation of
programs consistent with the purposes of the Tree Planting and Replacement Fund.
11.06.090 – Appeal
Tree removal permits related to Section 11.06.030, as well as Pruning and/or removals of
City-owned Trees, are not appealable. Additionally, there are no appeal rights when the
Director approves a tree removal permit for a tree that has died, or whose health has declined
with no hope of improvement.
Any City resident, business owner, or other person having an interest in property affected by
a decision rendered under Section 11.06.070 related to the Pruning or removal of a private
Protected Tree may appeal the decision of the Director to the Commission. The appellant
must file a written or email notice of appeal with the City Clerk within ten (10) calendar days
of the decision, and the appellant shall state the grounds for the appeal. All appeals shall be
accompanied by an appeal fee in an amount established by resolution of the City Council.
The Director may also require that an appeal be submitted on a form furnished by the
Department.
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The Director shall set the matter for review by the Commission at its next regular meeting for
which notice under this provision may be made, and provide notice by mail of the Commission
hearing to the appellant and applicant at least ten (10) days prior to the meeting. The appeal
hearing may be continued by mutual agreement by the parties, or as deemed necessary by
the Director in order to allow adequate consideration of the appeal. No work other than that
permitted by Section 11.06.030 shall be performed pursuant to tree permits while any appeal
is pending.
Any person may appeal the Commission’s decision to a Hearing Officer appointed by the City
Manager within ten (10) calendar days. The appellant must file a written notice of appeal to
the City Clerk, and submit payment of the appeal fee, within this ten (10)-day period. The
notice of appeal shall state the grounds for the appeal. The Director may require that the
appeal be submitted on a form furnished by the Department. The Commission’s decision shall
become final in ten (10) calendar days if no appeal is filed, and any decision of the Hearing
Officer shall be final and effective immediately. Destruction, removal or other work on a
Protected Tree shall not commence until after the ten (10)-day period has passed or, if any
appeal is filed, until the decision of the Hearing Officer.
As specified in Section 11.06.040(a), any person aggrieved by a tree permit decision related
to a Development or Redevelopment Project subject to discretionary review must appeal the
decision pursuant to the appeal provisions set forth in Title 25. There is no appeal right for
permit decisions rendered pursuant to Section 11.06.040(c).
11.06.100 – Tree Requirements and Reforestation
Planted landscape tree(s) must be vigorous, well-formed and meet the standards established
according to ANSI 300. The Director may require specific species, planting locations, forms
and/or size landscape trees as replacement trees or to satisfy reforestation requirements.
Off-site plantings within the 300’ neighborhood will be considered at the sole discretion of the
Director.
(a) Replacement Requirements for private Protected Tree removals;
(1) A tree replacement plan for private Protected Trees located on lots that include
single or two-unit dwellings must provide for replacement as follows:
TRUNK DIAMETER (DSH) REPLACEMENT LANDSCAPE TREE*
14 inches to 29 inches One – 24 Inch Box; or Two – 15 Gallon Containers
> 30 inches to 45 inches One – 36 Inch Box; Two – 24 Inch Box; or Four – 15 Gallon Containers
> 45 inches Two – 36 Inch Box; or Three – 24 Inch Box
(2) Any other tree replacement plan for all other properties must provide for the
replacement of Protected Trees at a ratio of one-inch DSH of tree replaced for
each inch DSH of tree removed (1:1 ratio). The following equivalent sizes shall be
used whenever new trees are planted (either on-site or off-site) pursuant to a tree
replacement plan:
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DSH EQUIVALANT REPLACEMENT LANDSCAPE TREE CONTAINER SIZE
One-Inch 15-Gallon Container
Two-Inch 24-Inch Box
Three-Inch 36-Inch Box
Four-Inch 48-Inch Box
Five-Inch 60-Inch Box
(b) Development Reforestation Requirements. Development plans must include reforestation
of the subject property with landscape trees as required below:
DEVELOPMENT TYPE REFORESTATION PLAN REQUIREMENTS
One and Two-Unit Dwellings One Landscape Tree/ 1,000 Square Feet of Habitable
Space on the Lot
Multi-Unit Dwellings One Landscape Tree/ 2,000 Square Feet of Total Structural
Lot Coverage and One Landscape Tree/ 2,000 Square Feet
of Paving
Commercial Zoning One Landscape Tree/ 5,000 Square Feet of Total Structural
Lot Coverage and One Landscape Tree/ 5,000 Square Feet
of Paving
*All reforested trees must be at least 24” box tree size, unless otherwise approved by the
Director.
** Reforestation Plan Requirements shall be calculated by rounding the appropriate square
footage to the nearest thousand.
(c) Replacement and Reforestation Options. A tree replacement or reforestation plan must
include one or more of the following options:
(1) On-Site or Off-Site Replacement/Reforestation. A tree replacement or
reforestation plan that includes on-site or off-site replacement shall specify where
the trees shall be planted and how the trees shall be monitored and maintained for
a time period as determined by the Director. The Director may require security to
ensure that the replacement trees survive a minimum of five years. Off-site
plantings within 300’ of the subject property will be considered at the sole discretion
of the Director.
(2) Payment of an In-Lieu Fee as adopted by Resolution of the City Council. At the
discretion of the Director, the applicant may pay an in-lieu fee for inability to replant
or reforest trees as required. The in-lieu fee amount is established by resolution of
the City Council, and may change from time to time. Such fees shall be deposited
in the Tree Planting and Replacement Fund as described in Section 11.06.080.
(3) Credit for Existing Landscape Trees. An applicant subject to reforestation
requirements may be entitled to replacement credit when the applicant preserves
trees that are on the same lot. To be entitled to the credit, the preserved trees must
be viable long-term and meet the definition of landscape tree. The Director shall
determine whether a tree is viable long-term by considering the location of the
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trees, the quality of the environment in which the trees are located, potential
impacts to the trees from any proposed development, and other factors that the
director deems relevant. Such trees included as credit shall be considered
protected regardless of size.
(d) Waiver Replacement Requirement.
The Director may waive the tree replacement requirements in this Section in whole or part if
the subject property has, in the Director’s sole discretion, the maximum number of landscape
trees existing that the subject property can support according to best management practices.
(e) California Native Planting.
In recognition of the importance of native planting for the benefit of local ecology, an applicant
is entitled to use the requirements below if California Native Trees and/or Plants are utilized
for replacement requirements. The Director will approve and maintain a list of California
Native Trees or Plants for purposes of this Section, which may be amended from time to time.
If used, the applicant may plant as follows:
(1) If planting according to 11.06.100(a)(1)
TRUNK DIAMETER REPLACEMENT LANDSCAPE TREE*
14 inches to 29 inches One –15 Gallon Container
> 30 inches to 45 inches One – 24 Inch Box, or Two – 15 Gallon Containers
> 45 inches One – 36 Inch Box or Two – 24 Inch Box
(2) If planting according to 11.06.100(a)(2)
DSH EQUIVALANT REPLACEMENT LANDSCAPE TREE CONTAINER SIZE
Two-Inch 15-Gallon Container
Four-Inch 24-Inch Box
Six-Inch 36-Inch Box
Eight-Inch 48-Inch Box
Ten-Inch 60-Inch Box
11.06.110 Notification of Protected Tree Removals
At a minimum, public notification of an application to remove or excessively prune a Protected
Tree shall be made to property owners and residents within 300 feet of the subject tree.
Additional notification, both electronic and/or physical, may be required by the Director. Trees
requiring public notification for all non-emergency removals are as follows:
(a) Private Protected Trees, regardless of size;
(b) City-owned trees with circumference of 44 inches or greater (14 inch DSH).
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11.06.120 Violations and Penalties
Violations of this Chapter significantly harm the urban forest are hereby declared to constitute
a public nuisance subject to the provisions of Chapter 1.16 and may be punishable as
misdemeanors or infractions at the discretion of the City Attorney following consideration of
the severity of the violation. Continuing violations shall constitute a separate offense for every
day the violation occurs or continues, and every tree harmed or removed is considered a
separate offense. Any individual who personally, or through an agent, employee, or
representative, commits a violation under this Chapter will be subject to the following
penalties:
(a) A fine of up to $1,000 per violation.
(b) In addition to any penalties imposed pursuant to subsection (a) of this section, any person
who has removed, excessively pruned or otherwise damaged a Protected Tree in violation of
this Chapter may be required to provide restitution to the City by either:
(1) At the Direction of the Director, planting a healthy replacement tree of the same or
similar species and size as the tree removed or damaged, or
(2) Paying a cash contribution to the Tree Planting and Replacement Fund in an
amount equal to the appraised value of the removed or damaged tree plus estimated
costs of replacement, as determined by the Director. In the event that the condition of
an illegally removed tree cannot be determined after its removal, the condition of
the tree shall be assumed to be in excellent condition for the purposes of establishing
the replacement value.
(c) Civil Penalties. In addition to the penalty provisions of subsections (a) and (b) of this
Section, the City may bring a civil action against any person who commits, allows, or
maintains a violation of any provision of this Chapter. The Civil Action may include, but is not
limited to:
(1) Injunctive Relief. A civil action may be commenced to abate, enjoin, or otherwise
compel the cessation of such violation.
(2) Costs. In any civil action brought pursuant to this chapter in which the city prevails,
the court shall award to the city all costs of investigation and preparation for trial, the
costs of trial, reasonable expenses including overhead and administrative costs
incurred in prosecuting the action, and reasonable attorney fees.
(d) If a violation occurs during a Development or Redevelopment Project, the City may issue
a stop work order suspending and prohibiting further activity on the property pursuant to the
grading, demolition, and/or building permit(s) (including construction, inspection, and
issuance of certificates of occupancy) until a mitigation plan has been filed with and approved
by the Director and City Attorney, agreed to in writing by the property owner(s), and either
implemented or guaranteed by the posting of adequate security as determined by the City
Attorney.
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(e) All remedies prescribed under this Chapter are cumulative, and the election of one or
more remedies does not bar the City from the pursuit of any other remedy for the purpose of
enforcing this Chapter.
11.06.130 Administrative Procedures and Regulations
The Director may adopt administrative procedures and regulations necessary to implement
this Chapter.
11.06.140 Severability
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council of the City of Burlingame hereby declares that it would have
adopted this ordinance and each section, subsection, sentence, clause, phrase or portion
thereof, irrespective of the fact that any one or more section, subsection, sentence, clause,
phrase or portion may be declared invalid or unconstitutional.
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