ATTACHMENT 1
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 parkway 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 p lan, 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 4 9 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 , including one (1) Aleppo Pine that fell during windy conditions on March 14, 2024 , and was removed. In January 2025, another high wind event caused one complete tree failure as well as the failure of large branches on numerous trees, two of which required immediate removal of the entire tree . Following the storm, the City initiated the emergency removal of approximately 52 Aleppo Pine trees on February 25, 2025. Thus, of the 122 assessed trees, 105 trees have either fallen, been removed, or are scheduled to be removed on an emergency basis, leaving 17 trees . The City has planted 98 new trees and is
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2 scheduled to plant approximately 112 new replacement 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 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. On December 17, 2024, Council received a summary of the Project and its environmental analysis. On the same day, the City received public comments raising concerns about the adequacy of the MND. To allow for further review, the Council deferred action on the Project. After evaluating the scope of the comments received, the City determined that they did not present substantial evidence requiring the preparation of an Environmental Impact Report (EIR), and thus, the City is proceeding with the MND
I. In response to public input and to further enhance environmental protections, two key updates have been made to Mitigation Measure BIO-1 in the MND:
(1) buffer zone distances around active nests have been increased to better protect nesting birds and raptors, and (2) a pre-construction survey by a qualified biologist within three days prior to any tree removal or vegetation clearing during the nesting season was added.
J. Tree removal and vegetation clearing will be scheduled, whenever feasible, during the non-breeding season (October 1 through January 31). If work must occur during the breeding season (March 1 through September 30 for nesting birds and February 1 through June 30 for nesting raptors), the pre-construction survey will assess whether any active nests are present within or adjacent to the project area. If no active nests are found, work may proceed. If an active nest is identified, a protective buffer zone will be established—at least 250 feet for nesting birds and 500 feet for nesting raptors—and no work will occur within that buffer until a qualified biologist determines the nest is no longer active. If there is a pause in construction activity for more than seven days, a resurvey will be required. Additionally, a summary of each nesting bird survey will be submitted following site inspections.
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3 K. Furthermore, the replanting and watering responsibilities have been incorporated into the Mitigation Monitoring and Reporting Program (MMRP) (Attachment 2). As a result, the MND being presented to the City Council now includes minor but meaningful revisions from the version reviewed on December 17, 2024.
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 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.
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4 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_______.
__________________________
Nikki Perez
Mayor
Approved as to Form:
Attest: Office of the City Attorney
_________________________ By: _______________________ Kimberley Clark, City Clerk Jill Vander Borght Chief Assistant City Attorney
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 ______ 2025, by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Kimberley Clark, City Clerk