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HomeMy WebLinkAboutOrd 2037 1 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of our urban forest; and WHEREAS, despite these updates, the programs and policies that were put into place have become outdated as the City underwent development changes and arboricultural practices evolved; and WHEREAS, the Municipal Code’s implementation of outdated practices made it very difficult for the City Arborist to implement and maintain appropriate tree care practices and responsible growth of our vital urban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 Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542 2 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 Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542 3 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 Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542 4 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; Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542 5 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. Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542 6 (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. Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542 7 (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 Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542 8 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: Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542 9 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 Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542 10 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 Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542 11 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. Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542 12 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 Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542 13 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 Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542 14 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. Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542 15 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: Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542 16 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 Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542 17 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). Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542 18 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. Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542 19 (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. Docusign Envelope ID: E7E77B24-0AD2-4934-9732-1A37203EE542 OF SA - '47 OFFICE OF o ASSESSOR_COUNTY CLERK- MARK CHURCH RECORDER & ELECTIONS AssEssOR-cOIJN"fY cLERx- RECORDER& CHIEF ELECTIONS OFFICER COUNTY OF SAN MATEO '4/FOR4.Q Date: 01/18/2025 To: CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 Final Posting Confirmation for Environmental Impact Reports Subject: Return of Environmental Documents Filed and Posted for 30 days. Public Resources Code Section 21092.3 The attached document(s), File Number 129091 was received, filed and a copy posted with the County Clerk on 12/19/2024 and remained posted for thirty calendar days. By: /( Maria G lardo Deputy Clerk on behalf of MARK CHURCH SS-12 Posting Confirmation Letter for Environmental Impact Reports 555 County Center, Redwood City, CA 94063 P 650.363.4500 F 650.599.7458 email COUNTYCLERK@SMCACRE.GOV web HTTPS://WWW.SMCACRE.GOV duo State of California-Department of Fish and Wildlife V 2024 ENVIRONMENTAL DOCUMENT FILING FEE CASH RECEIPT DFW 753.5a(REV.01/01/24)Previously DFG 753.5a Print ( Save RECEIPT NUMBER: 41-12192024-0002 STATE CLEARINGHOUSE NUMBER(If applicable) SEE INSTRUCTIONS ON REVERSE.TYPE OR PRINT CLEARLY. LEAD AGENCY LEADAGENCY EMAIL DATE CITY OF BURLINGAME 12/19/2024 COUNTY/STATE AGENCY OF FILING DOCUMENT NUMBER SAN MATEO COUNTY 129091 PROJECT TITLE UPDATE TO CITY OF BURLINGAME TREE ORDINANCE(AMENDING TITLE 11 OF BMC) PROJECT APPLICANT NAME PROJECT APPLICANT EMAIL PHONE NUMBER CITY OF BURLINGAME PROJECT APPLICANT ADDRESS CITY STATE ZIP CODE PROJECT APPLICANT(Check appropriate box) © Local Public Agency ❑ School District ❑ Other Special District ❑ State Agency ❑ Private Entity CHECK APPLICABLE FEES: ❑ Environmental Impact Report(EIR) $ 4,051.25 $ ❑ Mitigated/Negative Declaration(MND)(ND) $ 2,916.75 $ ❑ Certified Regulatory Program(CRP)document-payment due directly to CDFW $ 1,377.25 $ El Exempt from fee ❑x Notice of Exemption(attach) ❑ CDFW No Effect Determination(attach) ❑ Fee previously paid(attach previously issued cash receipt copy) ❑ Water Right Application or Petition Fee(State Water Resources Control Board only) $ 850.00 $ ❑ County documentary handling fee $ 50.00 $ 50.00 ❑ Other $ PAYMENT METHOD: ❑ Cash 0 Credit 0 Check ❑ Other TOTAL RECEIVED $ 50.00 SIGNATURE AGENCY OF FILING PRINTED NAME AND TITLE X Maria Gallardo Deputy Clerk ORIGINAL-PROJECT APPLICANT COPY-CDFW/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK DFW 753.5a(Rev.01012024) Print Form Notice of Exemption Appendix E To: Office of Planning and Research From: (Public Agency): City of Burlingame P.O. Box 3044, Room 113 501 Primrose Road Sacramento, CA 95812-3044 Burlingame, CA 94010 County Clerk County of: San Mateo (Address) 555 County Center,1st Floor Redwood City,CA 94063 Project Title: Update to City of Burlingame Tree Ordinance (Amending Title 11 of BMC) Project Applicant: N/a Project Location-Specific: City of Burlingame Project Location -City: Burlingame Project Location -County: San Mateo Description of Nature, Purpose and Beneficiaries of Project: The project includes revisions to the City's existing tree ordinances.The proposed revisions will consolidate and repeal Chapters 11.04 and 11.06 of the Burlingame Municipal Code,and merge them into one Protected Tree Ordinance(a new Chapter 11.06).The revised ordinance broadens the definition of protected trees,updates permit requirements,establishes an in-lieu fee program for the City's Tree Replacement Fund,and establishes new findings and review criteria for permit approvals.The revisions will also establish new tree pruning,removal,and replacement requirements that are more consistent with current arboricultural practices. Name of Public Agency Approving Project: City of Burlingame Name of Person or Agency Carrying Out Project: City of Burlingame Exempt Status: (check one): ❑ Ministerial (Sec.21080(b)(1); 15268); ❑ Declared Emergency(Sec.21080(b)(3); 15269(a)); ❑ Emergency Project(Sec. 21080(b)(4); 15269(b)(c)); O Categorical Exemption. State type and section number: Categorical Exemptions 15307(Class 7)and 15308(Class 8) ❑ Statutory Exemptions. State code number: Reasons why project is exempt: Class 7 and Class 8 Categorical Exemptions apply to the project because it represents action taken by a regulatory agency to maintain and enhance natural resources (trees) and the environment and to establish procedures for environmental protection. Lead Agency Margaret Glomstad 650-558-7333 Contact Person: g Area Code/Telephone/Extension: If filed by applicant: 1. Attach certifie• document of exemption finding. 2. Has a Notice'. E - .tion been filed by the public agency approving the project? Yes No Signature: I/ Date: 12/17/2024 Title: Parks and Recreation Director ■ Signed by Lead 'gency Signed by Applicant Authority cited:Sections 21083 and 21110, Public Resources Code. Date Received for filing at CPR: Reference:Sections 21108,21152,and 21152.1,Public Resources Code. Revised 2011 129091 FILED SAN MATEO COUNTY Dec 1 9 2024 MARK.C t( RCI-1,County Clerk By Deputy j '6' J I WERS AS S O C I ATES IN l vi E M A D U °+; Date November 26, 2024 To Scott Spansail, Assistant City Attorney, City of Burlingame From Maria Kisyova, Project Manager Akoni Danielsen, Principal Project Manager Subject Burlingame Tree Ordinance Update—CEQA Categorical Exemption Qualification I. Introduction to Categorical Exemptions The California Environmental Quality Act (CEQA) Guidelines contain classes or categories of projects that have been determined not to have a significant effect on the environment and are,therefore, exempt from the provisions of CEQA. CEQA Guidelines Sections 15301 —15333 constitute the list of categorically exempt projects and contain specific criteria that must be met in order for a project to be found exempt under one or more classes. CEQA Guidelines Section 15307 Actions by Regulatory Agencies for Protection of Natural Resources sets forth exemptions for actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. CEQA Guidelines Section 15308 Actions by Regulatory Agencies for Protection of the Environment consist of actions taken by regulatory agencies as authorized by state or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Additionally, CEQA Guidelines Section 15300.2 includes a list of exceptions to exemptions, none of which may apply to a project in order for it to qualify for a categorical exemption (i.e., if an exception applies, a project is precluded from being found categorically exempt).The exceptions included Section 15300.2 are discussed below in Section IV of this memo. The City of Burlingame, serving as the Lead Agency, is completing environmental review for the Tree Ordinance Update project ("project") in compliance with CEQA, the CEQA Guidelines (California Code of Regulations Section 15000 et.seq.),and the regulations and policies of the City of Burlingame. This Memorandum describes the proposed project, provides analysis and substantial 1 1871 The Alameda,Suite 200•San Jose,CA 95126•Tel:(408)248-3500•www.davidjpowers.com evidence to support a determination by the City of Burlingame that the project is categorically exempt pursuant to CEQA Guidelines Sections 15307 and 15308. II. Background Shortly after Burlingame's incorporation as a city in 1908, the City enacted the Burlingame Municipal Code (BMC).The BMC included provisions to protect a historic grove of trees along County Road (modern day El Camino Real). With time, the City updated rules governing both public and private trees to regulate and protect the urban forest. In 1971, the City Council created Chapter 11.04 "Protection of City Street Trees" and Chapter 11.06 "Urban Reforestation and Tree Protection" to add protections for the rest of the urban forest. Chapter 11.06 was revised in 1992 and 1998. Since then,the City's tree protection provisions in the BMC have remained unchanged. The City of Burlingame has an established Urban Forest Management Plan (UFMF)that details City rules, recommendations, and practices in managing the urban forest.The UFMP is updated regularly and the Tree Ordinance is now being updated to better align with the UFMP and present- day urban forestry practices. Further, state law now requires ministerial review processes for Accessory Dwelling Units (ADUs) and certain minor subdivisions and housing development projects (Senate Bill [SB] 9). These ministerial processes generally preclude cities from imposing subjective development standards or requiring any kind of discretionary decision or review.Accordingly, the proposed Tree Ordinance Update establishes objective standards regarding tree protection and incorporates ministerial review for these types of projects into the City's tree removal regulations. III. Project Description The proposed project is a City-initiated update to the tree protection provisions in the BMC to address inconsistencies with the City's UFMP and to align the BMC tree protection provisions with state laws requiring ministerial review for ADUs and housing projects under SB 9. The proposed project would rescind the existing Chapters 11.04 and 11.06 of the BMC, and replace them with a new Chapter 11.06. The intent of the update is to strengthen the ordinance to be more protective of trees where the City retains discretion, while also creating a ministerial process for situations where trees are required to be removed to facilitate construction of residential projects that are ministerial under state law. Generally, the proposed update would increase the size and quantity of trees needing to be planted depending on the size of the tree being removed or on the nature of a proposed development.The update would also differentiate replanting requirements between residential developments and commercial/mixed use developments. Proposed updates are detailed below by topic. 2 1871 The Alameda,Suite 200•San Jose,CA 95126•Tel:(408)248-3500•www.davidjpowers.com Discretionary Projects The update to BMC Chapter 11.06 would also address situations where the City retains discretion whether to allow for removal of tree(s).The update to BMC Chapter 11.06 would require protective actions for trees that are retained, retention of a project arborist for large developments' or those significantly impacting a mature tree to be retained2,and submission of arborist reports. Specifically, larger developments would require tree replacement or reforestation plans and/or payment of an in-lieu fee for trees that are removed but not replanted or reforested. BMC 11.06.010 currently allows tree removal to occur for"the economic enjoyment" of property. The project proposes to redefine the rationale for tree removal as: "the tree must be removed to use the property for any City authorized or permitted use under Title 25 (the Zoning Ordinance) for the zoning district in which the property is located, and the use could not be made of the property unless the tree is removed." Additionally, the current discretionary tree removal process requires an applicant to apply for both a tree removal permit and a development permit, which are processed separately. The update to BMC Chapter 11.06 would simplify this process by requiring that a development application also include all related tree removal permits so that the approval authority for the development project would also take action on the tree permit through their review of the project. Those tree removal permits would become part of the Planning Commission development permit approvals for the project. Any approvals for tree removal permits, as well as requirements for tree protection and tree planting (based on recommendations from the City Arborist), would be incorporated into the approved development permit as part of the project approval process. Appeals to the tree removal due to proposed development would be heard by the Planning Commission as part of design review processes. Tree Removal Criteria The proposed update to BMC Chapter 11.06 would codify past department practice by identifying which tree removal approvals may be appealed, and which body or bodies within the City administration would have authority to consider appeal proceedings. The proposed update to BMC Chapter 11.06 would update the discretionary tree removal criteria to allow the decision maker to weigh a variety of factors when determining whether approval is appropriate. The update includes, but is not limited to consideration of root and infrastructure conflict, whether there are reasonable alternative means to avoid removal, species desirability and environmental benefits to tree retention. 1 Large developments are considered projects with more than two dwellings or those with designated commercial use. 2 Work significantly impacting a mature tree refers to construction activity that would occur within the natural dripline of the subject tree. 3 1871 The Alameda,Suite 200•San Jose,CA 95126•Tel:(408)248-3500•www.davidjpowers.com Definitions The update to BMC Chapter 11.06 would update various definitions. Notably, the definition of a "protected tree"would be updated as shown in Table 1. Table 1. Definition of"Protected Tree" Existing Ordinance Updated Ordinance (1)Any tree with a circumference of 48 inches or (1)Any City-owned or maintained tree;or more when measured 54 inches above natural grade;or (2)A tree or stand of trees so designated by the City (2)Any private tree with a circumference of 44 inches or Council based upon findings that it is unique and of more when measured 54 inches above natural grade; or 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 (3)A designated Heritage Tree or Heritage Grove,or any determined each tree is dependent upon the others other tree or stand of trees or species of tree,so for survival designated by the Beautification Commission, City Council, or Director 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 (4)A stand of private trees in which the Director or designee has determined each tree is dependent upon the others for survival;or (5)Replacement trees,regardless of size,that were required to be planted as replacements for authorized and unauthorize protected private tree removals;or (6)Reforestation trees required to be planted for a development or redevelopment project pursuant to 11.06.100 of the updated BMC Public Notices Currently, public notice is required for private protected tree removals within 100 feet of the subject property. For tree removals subject to a discretionary process, the proposed update to BMC Chapter 11.06 would allow the Parks and Recreation Director to expand the notification area and require physical and/or electronic postings and notifications dependent upon the impact the tree has on a neighborhood. The new public notice requirement would require notice of tree removals of City trees that are at least 14 inches in diameter at standard height (DSH).3 3 Diameter at standard height refers to the level measurement of the trunk diameter measured at 54 inches above soil grade. 4 1871 The Alameda,Suite 200•San Jose,CA 95126•Tel:(408)248-3500•www.davidjpowers.com Tree Planting Requirements Replacement and Reforestation Requirements The existing ordinance establishes reforestation plan requirements for single-family or duplex and apartments or condominiums. The project would maintain these requirements, and would add requirements for mixed-use and commercial/industrial projects where there are none now. Changes are summarized in Table 2 below. Table 2. Reforestation Plan Requirements Development Type Reforestation Plan Requirements Existing Requirements Single-family or duplex One landscape tree for every 1,000 square feet of lot coverage or habitable space Apartments or condominiums One landscape tree for every 2,000 square feet of lot coverage Proposed Requirements One-and two-unit dwellings One landscape tree per 1,000 square feet of habitable space Multi-unit dwellings/mixed- One landscape tree per 2,000 square feet of structural lot coverage and/or one use buildings landscape tree per 2,000 square feet of paving Commercial/industrial One landscape tree per 5,000 square feet of structural lot coverage and/or one landscape tree per 5,000 square feet of paving Consistent with the existing code, lot coverage and habitable space includes 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. Removal of Protected Trees Existing Replacement Requirements The existing ordinance includes the following tree replacement guidelines for removal of protected trees(based on the existing definition of private trees shown in Table 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. • 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. • Replacement of a tree be waived by the director if a sufficient number of trees exists on the property to meet all other requirements of the Urban Reforestation and Tree Protection ordinance. • 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 1871 The Alameda,Suite 200•San Jose,CA 95126•Tel:(408)248-3500•www.davidjpowers.com • If replacement trees 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. Proposed Replacement Requirements The update to BMC Chapter 11.06 proposes to refine the guidelines for removal of protected trees (based on the updated definition of private trees shown in Table 1) to differentiate between one-or two-unit dwellings and all other types of development.The tree replacement plan would be required of both ministerial and discretionary projects. A tree replacement plan for private protected trees located on lots that include one-or two-unit dwellings must comply with the specifications in Table 3. Table 3. Replacement for Private Protected Trees on Lots with One-or Two-Unit Dwellings Trunk Diameter Replacement Tree 14 to 29 One 24-inch box or two 15-gallon boxes >30 to 45 inches One 36-inch box or two 24-inch boxes or four 15-gallon boxes >45 inches Two 36-inch boxes or three 24-inch boxes A tree replacement plan for private protected trees located on other lots (e.g., multi-unit dwellings, mixed-use buildings, commercial/industrial) must provide for replacement of trees at a ratio of one- inch DSH of tree replaced for each inch DSH of tree removed (1:1 ratio). The equivalent sizes to be used whenever new trees are planted (either on-site or off-site) pursuant to a tree replacement plan are shown in Table 4. Table 4. Replacement Equivalency for Private Protected Trees on Other Lots DSH Equivalent 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 Where the current ordinance requires any tree removed without a valid permit to be replaced by two 24-inch box size or two 36-inch box size trees,the update to BMC Chapter 11.06 would include fines and penalties that can be levied (including criminal prosecution) for trees removed without a valid permit. 6 1871 The Alameda,Suite 200•San Jose,CA 95126•Tel:(408)248-3500•www.davidjpowers.com The update to BMC Chapter 11.06 would change the requirements for trees with a diameter of 29 inches or less. As shown in Table 3, the replacement requirements for 29-inch trees would be one 24-inch or two 15-gallon trees,whereas the current requirements require one 24-inch, three 15- gallon, or one 36-inch tree.The City evaluated its replacement requirements and determined that replacement of smaller trees(i.e.,those 29 inches or less)are most appropriately replaced with a similarly-sized 24-inch tree or two 15-gallon trees). The update would further set more onerous replacement requirements for trees with a diameter of 30 inches or more. The current ordinance requires the same replacement ratio regardless of the size of the tree to be removed. Finally, the update would introduce requirements for non- residential development, and would also include stricter penalties for trees removed without a valid permit. Thus, the proposed requirements would ultimately result in more trees planted than would be required under the current ordinance. Tree Replacement Fund On-site or Off-Site Replacement or Reforestation The existing ordinance does not include specifications between on-site and off-site tree replacement requirements. The proposed update to BMC Chapter 11.06 requires that a tree replacement or reforestation plan that includes on-site or off-site replacement must specify where the trees shall be planted. The plan must also specify how the trees shall be monitored and maintained. Off-site plantings within 300 feet of the project site would be considered at the Director's discretion. In-Lieu Fee and Tree Replacement Fund The existing ordinance does not include a funding mechanism. The proposed update to BMC Chapter 11.06 would introduce in-lieu fees as an option, for both ministerial and discretionary projects, where trees cannot be replaced on-site or off-site within the neighborhood. The fund would be used primarily for citywide tree planting and preservation programs but would be available for City Council-directed programs consistent with this purpose.The amount of the in-lieu fee would be $325 per inch of tree diameter at standard height for that tree.This amount is based on the labor and material costs of planting and would be included in the update to the Master Fee Schedule adopted by City Council concurrent with the update to BMC Chapter 11.06. Credit for Existing Landscape Trees The proposed update to BMC Chapter 11.06 would allow a replacement credit for preservation of trees on the same lot, as long as those trees are viable long-term and meet the definition of landscape tree. 7 1871 The Alameda,Suite 200•San Jose,CA 95126•Tel:(408)248-3500•www.davidjpowers.com IV. Environmental Review The purpose of this section is to assess the project's eligibility for a Categorical Exemption from CEQA under Guidelines Sections 15307 and 15308, and document whether any of the exceptions listed in CEQA Guidelines Section 15300.2 apply to the proposed updates to BMC Chapter 11.06. Section 15307 —Actions by Regulatory Agencies for Protection of Natural Resources CEQA Guidelines Section 15307 relates to actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of a natural resource. As presented above in Section III Project Description, the City proposes updates to BMC Chapter 11.06 with the intent of protecting existing trees,a natural resource, and enhancing the existing urban forest.The proposed updates to BMC Chapter 11.06 would involve the following updated provisions to protect trees: • Expanded Definition of Protected Tree: The definition of a protected tree would be expanded to include 1) any City-owned or maintained tree, 2) any private tree with a circumference of 44 inches or more when measured 54 inches above natural grade, as opposed to the current definition of 48 inches, 3) any replacement tree for private tree removals, and 4) any replacement tree for development projects. By expanding the definition of a protected tree,the proposed update would serve to increase protections for the urban forest. • Expanded Notice Requirements: The proposed update to BMC Chapter 11.06 would include language allowing the Parks and Recreation Director to expand the notification area and require physical and/or electronic postings and notifications dependent upon the impact the tree has on a neighborhood. The new public notice requirement would require notice of tree removals of City trees that are at least 14 inches in diameter at standard height. Expanded noticing would serve to increase protections for the urban forest. • Increased Replacement and Reforestation Requirements: The proposed update to BMC Chapter 11.06 would increase replacement requirements for one-and two-unit dwellings and multi-unit dwellings/mixed-use buildings. As shown in Table 3, replacement requirements would increase as the size of the tree to be removed increases, whereas the current ordinance requires three 15-gallon, one 24-inch box,or one 36-inch box per tree to be removed, regardless of size. Although the current ordinance allows replacement of 29- inch or smaller trees with either one,two,or three trees(i.e. one 24-inch tree or three 15- inch trees or one 36-inch tree)and the proposed update to BMC Chapter 11.06 instead allows replacement of those trees with one or two trees (one 24-inch or two 15-inch trees),the update also proposes higher replacement requirements for trees with a diameter of 30 inches or more and would result in greater tree replacement overall. In addition, the updated ordinance would increase replacement requirements for 8 1871 The Alameda,Suite 200•San Jose,CA 95126•Tel:(408)248-3500•www.davidjpowers.com commercial/industrial projects, and would have stricter penalties for trees removed without a valid permit. Increasing the replacement and reforestation requirements would serve to enhance the existing urban forest. • Establish Replacement Fund: The existing BMC Chapter 11.06 does not include a funding mechanism. The proposed update to BMC Chapter 11.06 would introduce in-lieu fees as an option where trees cannot be replaced on-site or off-site within the neighborhood. The fund would be used primarily for citywide tree planting and preservation programs, which would serve to enhance the existing urban forest. In sum,the project would adopt regulatory procedures to assure the maintenance, restoration, and enhancement of the City's existing urban forest,thus protecting natural resources. Accordingly, the project qualifies for exemption under Guidelines Section 15307. Section 15308 —Actions by Regulatory Agencies for Protection of the Environment CEQA Guidelines Section 15308 relates to actions taken by regulatory agencies as authorized by state or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Per the Guidelines, construction activities and relaxation of standards allowing environmental degradation do not qualify for exemption under 15308. The project proposes to update the City's existing Tree Ordinance with stronger replacement and noticing requirements and codify current City practices. The project is aimed at protecting existing trees and enhancing the existing urban forest.As noted above in the discussion of Guidelines Section 15307, the proposed update to BMC Chapter 11.06 would serve to protect trees (and the environment generally) by 1) expanding the definition of a protected tree, 2) expanding the notice requirements for removal of protected trees,3) Increasing or adding replacement and reforestation requirements, and establishing a tree replacement fund. Finally, the updates to BMC Chapter 11.06 acknowledge that there are certain development projects (e.g.,ADUs or other ministerial housing projects)where the City could not preclude tree removal. The provisions governing ministerial projects are not a"relaxation of standards" allowing environmental degradation which would preclude reliance on Guidelines Section 15308; instead, those provisions implement and are consistent with state law requirements. In sum, the project would adopt procedures that assure the maintenance, restoration, enhancement, or protection of the environment and would thus qualify for exemption under Guidelines Section 15308. Section 15300.2 — Exceptions CEQA Guidelines Section 15300.2 sets the following exceptions: 9 1871 The Alameda,Suite 200•San Jose,CA 95126•Tel:(408)248-3500•www.davidjpowers.com (a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located —a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore,these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state,or local agencies. (b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, overtime is significant. (c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. (d) Scenic Highways. A categorical exemption shall not be used fora project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR. (e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. (f) Historical Resources.A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Exception 15300.2(a) only applies to Class 3, 4, 5, 6, and 11 exemptions. The proposed update to BMC Chapter 11.06 is categorically exempt under Class 7 and 8; therefore,this exception is not applicable to the project under CEQA Guidelines Section 15300.2(a). As noted in the proposed ordinance, trees that are designated, precisely mapped, and officially adopted by the City are protected by Chapter 11.06. The proposed update to BMC Chapter 11.06 would not contribute to cumulative impacts related to tree removals, as there are no other programmatic actions being considered by the City that would also involve changes to the City's tree protection policies. The proposed update to BMC Chapter 11.06 does not propose or allow for any specific development. Once adopted, the ordinance would include higher tree replacement ratios for future development projects throughout the City, as described in detail in Section II.Additionally, the definition of a protected tree would be modified to include any private tree with a circumference of 44 inches or more when measured 54 inches above natural grade as opposed to the current definition of 48 inches. These changes would be environmentally beneficial. As such, the proposed update to BMC Chapter 11.06 would not result in a cumulatively considerable impact, and no exception to the exemption would apply under 15300.2(b). 10 1871 The Alameda,Suite 200•San Jose,CA 95126•Tel:(408)248-3500•www.davidjpowers.com The proposed update to BMC Chapter 11.06 would not cause a significant effect due to unusual circumstances. It is intended to and will promote tree replacement and reforestation. The project would not cause a substantial adverse change in the significance of a historical resource as it does not address or otherwise regulate development or its impacts to historical resources. Thus, no exception to the exemption applies under 15300.2(c) or 15300.2(f). There are no state scenic highways within the City of Burlingame. As such,the provisions of BMC Chapter 11.06 do not apply to trees within state highway right-of-way. Since the project is not focused on a particular site and would not result in specific development, it would not be located on a site included on any list pursuant to Section 65962.5 of the Government Code.Thus, no exception to the exemption applies under 15300.2(d) or 15300.2(e). For the reasons described above, none of the exceptions under CEQA Guidelines Section 15300.2 apply to the project, and the proposed update to BMC Chapter 11.06 would not be disqualified for a categorical exemption. V. Conclusion As documented in Section IV. Environmental Review, none of the exceptions contained in CEQA Guidelines Section 15300.2 apply to the project and the project meets the criteria in CEQA Guidelines Section 15307 and 15308. The project,therefore,qualifies as exempt from the provisions of CEQA under Classes 7 and 8 of the CEQA Guidelines. 11 1871 The Alameda,Suite 200•San Jose,CA 95126•Tel:(408)248-3500•www.davidjpowers.com County of San Mateo Clerk-Recorder Mark Church 555 County Center Redwood City, CA 94063 (650) 363-4500 Receipt No. : RPT20240069388 Finalization No. : 2024068240 Cashier: 104 Register: 018 Date/Time: 12/19/2024 12:41 PM Item Title Count 1 NOE 1 NOTICE OF EXEMPTION Document No. : 129091 Filing Time: 12:41 PM Filing Total: $50.00 Filing Fee: $50.00 Total Amount Due: $50.00 Total Paid Credit Card Tendered: $50.00 #31680 Amount Due: $0.00 THANK YOU PLEASE RETAIN THIS RECEIPT FOR YOUR RECORDS https://www,smcacre.gov/ C7 . ID i sid FA; I r r 12/19/2024 12:41 PM Print Form Notice of Exemption Appendix E To: Office of Planning and Research From: (Public Agency): City of Burlingame P.O. Box 3044, Room 113 501 Primrose Road Sacramento,CA 95812-3044 Burlingame, CA 94010 County Clerk County of: San Mateo (Address) 555 County Center,1st Floor Redwood City,CA 94063 Project Title: Update to City of Burlingame Accessory Dwelling Ordinance(Amending Title 25 of BMC) Project Applicant: N/A Project Location-Specific: City of Burlingame Project Location-City: Burlingame Project Location-County: San Mateo Description of Nature, Purpose and Beneficiaries of Project: The proposed Ordinance sets forth text amendments to the City's existing Accessory Dwelling Unit regulations (BMC Section 25.48.030), as well as other sections of the Municipal Code(Chapter 25.40,25.60, 25.88,25.98 and 25.100)to ensure consistency with State legislation that has been passed since 2021. Name of Public Agency Approving Project: City of Burlingame Name of Person or Agency Carrying Out Project: City of Burlingame Exempt Status: (check one): El Ministerial (Sec.21080(b)(1); 15268); El Declared Emergency(Sec. 21080(b)(3); 15269(a)); ❑ Emergency Project(Sec. 21080(b)(4); 15269(b)(c)); ElCategorical Exemption. State type and section number: 15378 and 15061(b)(3) © Statutory Exemptions.State code number: 15282(h) Reasons why project is exempt: The proposed Ordinance is Statutorily Exempt pursuant to CEQA Guidelines section 15282(h),which exempts the adoption of an ordinance regarding accessory dwelling units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 66310-66341 of the Government Code as set forth in Section 21080.17 of the Public Resources Code.In addition,the proposed Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15378 because the proposed Ordinance is not a"project"within the definition of CEQA.The proposed Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3)because the proposed Ordinance can be seen with certainty to have no possibility of a significant effect on the environment. Lead Agency Contact Person: Ruben Hurin Area Code/Telephone/Extension: 650-558-7256 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: � x141.--% .• Date: 12/19/2024 Title: Planning Manager • Signed by Lead Agency Signed by Applicant Authority cited:Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: Reference:Sections 21108,21152,and 21152.1,Public Resources Code. FILED ��TE{1N�DD�FOFRSED QOIUNT V CLERtK RECORDER SAN MATED COUNTY CALIF DEC 19 2024 Revised 2011 MARK CHURCH,County Clerk By MARIA GALLARDO Deputy Gerd(