Where There’s Smoke There’s Fire–Belmont’s Smoking Ban

Shermans The smoking ordinance in Belmont was a classic example of what Belmont’s city council is all about. Sure second hand smoke is bad but the issue brought before them was second hand smoke in attached adjacent living spaces–the genesis of the original complaint. However our council (coached by their cronies in other departments with similar agendas—can anyone say Planning Department?) decided to pursue a ban on all outdoor cigarette smoking in Belmont—notice I didn’t say all smoking?

Be clear, this was a personal agenda. Mayor Coralin’s trama had to do with being exposed to second hand smoke from her father and Council Member Dave Warden wanted Belmont to be a "smoke free city". Mr. Warden apparently anointed himself with deciding how one should personally care for themselves stating, "…This ordinance may save lives as it may force smokers to quit or limit smoking".

What they neglected to address was wood burning fireplaces and outdoor BBQ’s–no doubt much worse contributors of air borne carcinogens. Mr. Warden’s argument for not banning other more caustic causes of airborne particulate matter such as that expelled by SUV’s was answered with—"[but] we need cars". So what’s his answer to this one—banning outdoor BBQ’s will stop people from eating unhealthy carcinogen laden foods AND stop the air borne particulate matter they cause. Why wasn’t that a part of the ordinance?

Did anyone notice the volumes of billowing smoke at the Save The Music benefit in Belmont wafting by the children

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as they sang on stage? The city doesn’t need to bring in experts to intuitively know that the smoke produced that day alone no doubt exposed more people to more carcinogens than any outdoor citizen puffing away on a cigarette. This council is clearly about tolerance (or lack thereof) and what they personally believe should be acceptable.

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Why did they ignore addressing these two issues if their real concern was for the health, welfare and safety of their constituents? Because they only wanted to trample on a minority who they knew would not garner any support; they knew that adding a ban on outdoor BBQ’s and wood burning fireplaces would raise too much opposition—they simply stuck with an ordinance which would get them maximum media attention with minimal resistance.

Meet Jason Born

There are several new faces emerging as candidates for Belmont’s city council. One I had the pleasure to meet was Jason Born. An articulate no nonsense sort, Jason Born could be a real asset to Belmont’s leadership. You can read all about him on his web page at: http://www.bornforbelmont.com/

Belmont View Ordinance-Only a Vision?

Belmont (or beautiful mountain (beau mont) is one of the most unique and charming cities on the peninsula. It’s heavily forested hillsides and undulating hills make for a delightful backdrop against the busy peninsula transportation arteries.

Belmont offers impressive views of San Francisco and the open space around Sugarloaf Mountain, the San Francisco Bay, and on any clear day Mt. Tamalpias, Mt. Diablo and Mt. Hamilton.

Belmont’s attributes are many but its highly coveted views are among the top reason people choose to live in Belmont.

Belmont_old_3 The hills of Belmont weren’t always so heavily wooded as suggested by this rendering–published in “Heritage of the Wooded Hills”A Belmont History, by Ria Elena MacCrisken and available at the Belmont Historical Society. As Belmont neighborhoods developed tress were planted which forever changed the natural foliage into forested hillsides (one needs to look no further than the Watershed open space to see what Belmont’s hills probably looked like before it was populated).

Ironically, Belmont has no view or tree ordinance which regulates whether or not a tree can obstruct the view of a homeowner; one can’t build a structure to block a view but there’s nothing to regulate allowing a tree to grow unchecked into what once was someone’s impressive vista.

Many of the trees in Belmont which grow unattended such as eucalyptus are not indigenous to Belmont and in fact are not protected under Belmont’s existing tree ordinance–yet those are some of the most offensive trees in terms of obstructing views (and they’re pretty messy too).

When living in a society where our existence impacts others it’s essential to have ordinances to protect the health, safety and welfare of the public. We currently have ordinances to protect the quality of life and Belmont should seriously consider adding a view ordinance which will allow for the responsible ownership of trees.

Balancing the rights of a homeowner to maintain their view against that of a nearby property owner to plant and grow trees where they wish is difficult as property ownership rights are always held in high regard–as they should be. Like anything else though, views must be preserved and a balance must be struck between the property ownership rights of both parties.

Are trimming trees counterproductive to living green? Absolutely not. The International Society of Arboriculture not only recommends tree ordinances they go so far as to suggest how to structure one. Furthermore many adjacent towns which benefit from similar views already have such ordinances in place. Cities such as Tiburon and Berkeley, both where property values are substantially affected by their views, have adopted view ordinances to cope with urban tree growth and should serve as a guide to Belmont to act to preserve our declining views.

Disclaimer:

Drew & Christine Morgan are REALTORS/NOTARY PUBLIC in Belmont, CA. with more than 20 years experience in helping sellers and buyers in their community. They may be reached at (650) 508.1441 or emailed at info@morganhomes.com.

You can find them on Facebook at https://www.facebook.com/Morganhomes and also find them on Twitter @ https://twitter.com/morganhomes

The information contained in this article is educational and intended for informational purposes only. It does not constitute real estate, tax or legal advice, nor does it substitute for advice specific to your situation. Always consult an appropriate professional familiar with your scenario.

Local Government Goes On-Line

Did you know you can view many of Belmont’s planning and council meetings on-line?. Turns out our sleepy little town really delivers when it comes to technology. If you are interested in watching your elected (and appointed) officials at work, read on:

The City of Belmont, in cooperation with The Mid peninsula Community Media Center is currently webcasting City Council Meetings. Viewers can tune in to the live webcasts the second and fourth Tuesday nights of the month beginning at 7:30pm, unless there is a study session, in which case the webcast begins at 6:30pm. Viewers can also see any past meeting since August 2006, or any particular agenda item within those meetings.

Tuesday, October 9th @ 7:30PM ~ City Council Meeting

Location:  City Council Chambers – One Twin Pines Lane

City Council meets on the second and fourth Tuesday of the month at 7:30 p.m. in the City Council Chambers, One Twin Pines Lane in Belmont. Council meetings are broadcast live on Cable Channel 27 in Belmont.  If you would like to contact the City Council collectively, please use the following link:  CityCouncil@belmont.gov – Please be advised: Our Mail Server does not accept files over 2 megabytes. Planning Commission meetings broadcast live on Channel 27 – Also available on the Internet at: http://www.communitymediacenter.net/watch/belmont_webcast/index.html

The Planning Commission meetings can be viewed on-line on the first and third Tuesday of each month at 7:00 p.m. The archives are available on our web site at the link below:

http://www.communitymediacenter.net/watch/belmont_webcast/index.html