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1 RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK ADOPTING A MIT IGATED NEGATIVE
DECLARATION, ADOPTING A MITIGATION MONITORING
AND REPORTING PROGRAM, AND APPROVING THE
ALEPPO PINE TREE REMOVAL AND REPLACEMENT
PROJECT
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. The City of Burbank has maintained a 47- year recognition as a Tree City USA and is committed to preserving its 33,000- tree urban forest through ongoing care and investment, led by the Park, Recreation, and Community Services Department (Department).
B. Certified arborists regularly assess, prune, and, when necessary, remove City trees while prioritizing replacement to maintain and expand the urban canopy. The Department ensures the strategic planting of trees with attention to growth rate, disease resistance, and drought tolerance.
C. In February 2023, adverse weather caused two parkway Aleppo Pine failures, prompting assessments of 121 Aleppo Pine trees and one Italian Stone Pine.
Arboriculture experts within the City, and an independent ISA Certified Arborist identified these trees as having reached maturity and being at risk of failure.
D. To address safety concerns, the City initiated a study of a phased removal and replacement of high-risk trees. The replacement plan includes planting more trees than are removed to enhance the urban canopy.
E. The Department engaged the public through mailed notices, public meetings, and online resources. Over 1,000 letters were sent to residents to inform them about the plan , and additional input was gathered at meetings with the Parks and Recreation Board, the Sustainable Burbank Commission, and a November 2023 informational community meeting.
F. Between October 2023 and May 2024, the City removed 48 of the previously-assessed Aleppo Pines and the one (1) Italian Stone Pine on an emergency basis due to the imminent danger they posed to the residential area; an additional (1) Aleppo Pine fell during windy conditions on March 14, 2024, and was removed. Thus, of the 122 assessed trees, 50 trees have already fallen or been removed on an emergency basis. These 50 trees have been replaced with 98 new trees, ensuring a net increase.
Wildlife protection measures and enhanced community outreach were implemented throughout the process.
G. Pursuant to the California Environmental Quality Act (CEQA) , the City prepared an Initial Study to analyze the potential environmental impacts of the Aleppo Pine Tree Removal and Replacement Project . The Initial Study analyzed the proposed
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2 removal and replacement of the remaining Aleppo Pine trees that have been found to be at risk of fa iling, in in addition to those that have already fallen or been removed on an emergency basis. The Initial Study determined the proposed Project would not have any potentially significant environmental effects that cannot be mitigated to below the level of significance. The Initial Study determined a potentially significant impact could result if trees were removed during the general bird nesting season of February 1 through August 31. However, with implementation of Mitigation Measure BIO -1 (MM- BIO-1) requiring bird nesting surveys prior to removal or maintenance of any trees, the impact would be reduced to a less than significant level. A draft Mitigated Negative Declaration (MND) was published for public review on June 1, 2024, for a 45- day public review period. The City received 46 written comments on the draft MND , all of which were responded to in writing in the final MND.
H. Following release of the draft MND, the Department assessed the current status of the trees and developed a phased prioritization plan for removal of the remaining trees. The plan is substantially consistent with the multi-year phased approach described in the MND and does not change any of the analysis or conclusions reached in the draft MND.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. FINDINGS. The Findings above are true and correct, and incorporated herein as if restated in their entirety.
2. MITIGATED NEGATIVE DECLARATION REVIEW. The Council has reviewed the Initial Study and MND (attached hereto as Exhibit A and incorporated herein) and hereby finds that it has been prepared pursuant to the CEQA and CEQA Guidelines. The MND has been thoroughly reviewed and analyzed by the City’s staff and the City Council, which is the final decision-making body on the Project.
On the basis of the entire record before the City, including the Initial Study and MND and all comments received, there is no substantial evidence that the Project will have a significant effect on the environment. The Project-related documents circulated for public review reflect the City’s independent judgment and analysis, and the MND as certified by the Resolution also reflects the independent judgment and analysis of the City Council.
3. MITIGATED NEGATIVE DECLARATION ADOPTION. Based on the findings set forth above, and on the record, the City Council hereby adopts the MND for the Aleppo Pine Tree Removal and Replacement Project, as presented to the City Council and set forth in the staff report and certifies that the MND is an adequate and complete document prepared in compliance with CEQA and the CEQA Guidelines.
4. MITIGATION MONITORING AND REPORTING PROGRAM. The City Council finds that the Mitigation Monitoring and Reporting Program (MMRP) has been prepared in accordance with the CEQA and the CEQA Guidelines and hereby adopts the MMRP (attached hereto as Exhibit A and incorporated herein) as the MMRP for the Project. The Parks and Recreation Director or designee is directed
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3 to oversee the implementation of the MMRP.
5. APPROVAL OF THE PROJECT. The Aleppo Pine Tree Removal and Replacement Project is approved. The City Manager or designee is authorized to implement and oversee the phased removal and replacement plan.
6. FILING OF NOTICE OF DETERMINATION. The City Council hereby directs the Park, Recreation, and Community Services Director to file a “Notice of Determination” withing five (5) working days after approval of the Project with the Los Angeles County Registrar -Recorder/County Clerk and the State Clearinghouse.
7. AVAILABILITY OF PROJECT APPROVALS AND MITIGATED NEGATIVE DECLARATION. The Park, Recreation, and Community Services Director shall make the Project-related documents that constitute the record of the proceedings upon which this decision is based available at City Hall, 275 E. Olive Avenue, Burbank, California, and in other locations the Director deems appropriate to facilitate public access to these documents.
APPROVED and ADOPTED this _____day of ______________, 20_______.
__________________________
Mayor, City of Burbank
Approved as to Form:
Attest: Office of the City Attorney
_________________________ By: _______________________ Kimberley Clark, City Clerk Jill Vander Borght Chief Assistant City Attorney
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4 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by a vote of the Council of the City of Burbank at its regular meeting held on the day of December 2024, by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Kimberley Clark, City Clerk