1 STAFF REPORT
DATE: Ju ly 29, 2025
TO: Justin Hess, City Manager
FROM: Marisa Garcia, Parks and Recreation Department Director VIA: Mike del Campo, Assistant Parks and Recreation Department Director BY: Lupe Santarriaga, Administrative Analyst I
SUBJECT: Adoption of a Resolution Denying an Appeal of the Permit Appeals Panel’s Decision to Uphold a Fine Due to Violation of Burbank Municipal Code Section 7-4- 104 Illegal Pruning of City Tree at 1083 E. Harvard Road, Burbank 91501 Submitted by Marine Bezhanyan
RECOMMENDATION
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK DENYING AN APPEAL OF THE PERMIT APPEALS PANEL’S DECISION TO UPHOLD A FINE DUE TO VIOLATION OF BURBANK MUNICIPAL CODE SECTION 7 -4-104 ILLEGAL PRUNING OF CITY TREE AT 1083 E. HARVARD ROAD, BURBANK 91501 SUBMITTED BY MARINE BEZHANYAN (Attachment 1).
BACKGROUND
Marine Bezhanyan (Appellant), and property owner of 1083 E. Harvard Road, Burbank, California 91501, submitted an appeal of the Permit Appeals Panel’s decision to uphold the findings by the Parks and Recreation Department (Department) that the Appellant was in violation of Burbank Municipal Code § 7-4-104(C), Illegal Pruning of a City Tree at 1083 E. Harvard Road, Burbank.
SUMMARY
A hearing on the Appeal was heard at a regularly scheduled meeting of the City Council on July 15, 2025. Mayor Perez, Vice Mayor Takahashi, and Council Members Anthony, Mullins, and Rizzotti were present.
PARKS AND
RECREATION
2 The Appellant was present and represented herself. The Department was represented by Senior Assistant City Attorney Ray Johal and Assistant Parks and Recreation Director, Michael Del Campo.
Upon conclusion of the hearing, City Council voted 5-0 in favor of upholding the Department’s determination and to support the findings made by the Permit Appeals Panel finding the Appellant in violation of BMC 7-4-104 and imposing a $9,600 fine.
DISCUSSION
The Department presented its case, establishing a timeline of factual events supported by documented evidence. The evidence presented included the statements of a certified arborist, photographs, documentation of repeated trimming request by the Appellant, statements by City staff who witnessed the Appellant admitting to trimming the tree, and invoices for the replacement cost of the tree. The tree was located in the public right of way and was the property of the City. Based upon the evidence, the Department concluded that the Appellant illegally pruned a Jacaranda tree located adjacent to her property at 1083 E. Harvard Road in violation of Burbank Municipal Code 7-1-104.
Appellant provided testimony challenging the credibility of City staff, adequacy of evidence, use of photographic documentation, and raised procedural, retaliatory, and intimidation concerns. Appellant further alleged that she did not cut or prune the tree .
Appellant did not provide any further evidence during the hearing.
Upon the conclusion of the Appeal hearing, City Council found substantial evidence to support the Department’s determination and to support the findings made by the Permit Appeals Panel finding the Appellant in violation and imposing a $9,600 fine. City Council voted to uphold the Permit Appeals Panel’s decision finding the Appellant in violation of Burbank Municipal Code § 7-4- 104 and imposing a fine of $9,600 for the value of the Jacaranda tree.
ENVIRONMENTAL REVIEW
The decision on appeal has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and as such, is not a "project" subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.
FISCAL IMPACT
The estimated total cost for the removal and replacement of the original tree, which includes an estimated $1,553 for planting and installation of the new tree, is $12,604. The appellant is responsible for paying the assessed value of the original tree only, which is $9,600.
3 CONCLUSION
City Council is requested to adopt , by Resolution, its findings on appeal for the violation of Burbank Municipal Code Section 7-4- 104, Illegal Pruning of a City Tree at 1083 E.
Harvard Road, Burbank 91501 s ubmitted by Appellant . City Council found substantial evidence to support the Department’s determination and to support the findings made by the Permit Appeals Panel finding the Appellant in violation and imposing a $9,600 fine.
ATTACHMENT
Attachment 1 – Resolution