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HomeMy WebLinkAboutReso - CC - 039-2004RESOLUTION NO. 39-2004 RESOLUTION APPROVING AMENDMENT TO CONDITIONAL USE PERMIT FOR EMERGING LOTS TO SEPARATE CONDITIONS BY LOT AND TO AMEND CONDITIONS OF APPROVAL RESOLVED by the CITY COUNCIL of the City of Burlingame that: WHEREAS, a Negative Declaration ND -525-P and Addendum has been proposed and application has been made for an amendment to the conditionals use permit for emerging lots to separate and amendment to the conditions of approval for each lot and for additional tree protection requirements for Lot 9 located at 1537 Drake Avenue, zoned R-1, APN: 026-033-030; Otto Miller, property owner. WHEREAS, the Planning Commission held a public hearing on said application March 29, 2004, at which time said application was approved; WHEREAS, this matter was appealed to City Council- and a hearing thereon held on May 3, 2004, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is hereby RESOLVED and DETERMINED by this Council that: 1. On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this commission, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, and a Negative Declaration ND -525-P is hereby approved; 2. Said amendments to the conditions are approved for Lot 9, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such amendments to the conditions of approval are as set forth in the staff report, minutes and recording of said meeting. 3. It is fiuther directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. ®'� MAYOR I, ANN MUSSO, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 3rd day of May, 2004, and adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: COFFEY, GALLIGAN, O'NAOO" BAYLOCK, NAGEL NONE om*4.maoao Y CLERK EXHIBIT "A" Conditions of approval based on Negative Declaration ND -525-P and Addendum to Amend the Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 9 at 1537 Drake Avenue, effective May 3, 2004. 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped March 13, 2003, sheets A.1 through A.5 and date stamped April 25, 2003, sheet L-1; and that any changes to the structure including but not limited to foundation design, height, building materials, exterior finishes, footprint or floor area of the building or the tree protection plan or to tree trimming shall require review by the Planning Commission and an amendment to this permit; 2. that any changes to the size or envelope of the basement, first or second floors, or garage, which would include adding or enlarging a dormer(s), moving or changing windows and architectural features or changing the roof height or pitch; and all changes shall be consistent with the plans which were approved for this lot on May 27, 2003, because those plans were determined to be consistent in scale and mass with the overall development approved at or near the same time on adjacent lots 10 and 11 shall be subject to Planning Commission review; 3. that prior to scheduling the framing inspection, the project architect, engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury; 4. that prior to final inspection, Planning Department staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans and the City Arborist shall verify that all required tree protection measures were adhered to during construction including maintenance of the redwood grove, an appropriate tree maintenance program is in place, all required landscaping and irrigation was installed appropriately, and any redwood grove tree protection measures have been met; that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single termination and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 6. that the conditions of the City Engineers April 8, May 31, June 4, August 15 , August 30, and October 15, 2002, memos, the Fire Marshals September 3, 2002 memo, the Chief Building Inspectors August 5, 2002 memo, the Recycling Specialist's August 27, 2002 memo, and the City Arborist's September 3, 2002, and April 3 and May 21, 2003 memos shall be met; that demolition of the existing structures and any grading or earth moving on the site shall be required to have a City grading permit, be overseen by a licensed arborist, inspected by the City Arborist, and be required to comply with all the regulations of the Bay Area Air Quality Management District and with all the requirements of the permit issued by BAAQMD; 8. that there shall be no heavy equipment operation or hauling permitted on weekends or holidays during the development of Lot 9; use of hand tools shall comply with the requirements of the EXHEOIT "A" Conditions of approval based on Negative Declaration ND -525-P and Addendum to Amend the Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 9 at 1537 Drake Avenue, effective May 3, 2004. City's noise ordinance; 9. that no construction equipment, construction material storage or construction worker parking shall be allowed on the street in the public right-of-way during construction on the site; as much employee parking as possible shall be accommodated on the site during each of the phases of development; construction activity and parking shall not occur within the redwood tree grove protective fencing on Lot 9; 10. that all construction shall be done in accordance with the California Building Code requirements in effect at the time of construction as amended by the City of Burlingame, and limits to hours of construction imposed by the City of Burlingame Municipal Code; there shall be no construction on Sundays or holidays; 11. that the method of construction and materials used in construction shall insure that the interior noise level within the building and inside each unit does not exceed 45 dBA in any sleeping areas; 12. that the new 2 inch water line to serve lots 9, 10 and 11 shall be installed before an inspection for the foundation will be scheduled by the City; and all new utility connections to serve the site, and which are affected by the development, shall be installed to meet current code standards and local capacities of the collection and distribution systems shall be increased at the property owner's expense if determined to be necessary by the Public Works Department and the location of all trenches for utility lines shall be approved by the City Arborist during the building permit review and no trenching for any utility shall occur on site without continual supervision of a licensed arborist and inspection by the City Arborist; 13. that the new sewer to the public sewer main shall be installed to City standards as required by the development; 14. that all abandoned utilities and hookups shall be removed unless their removal is determined by the City Arborist to have a detrimental effect on any existing protected trees on or adjacent to the site; 15. that prior to being issued a demolition permit on the site, the property owner shall submit an erosion control plan for approval by the City Engineer; 16. that prior to installation of any sewer laterals, water or gas connections to the site, the property owner shall submit a plan for approval by the City Engineer and the City Arborist; 17. that prior to installing the new water line to serve Lots 9, 10 and 11 and supplying the maintenance irrigation system to the redwood grove in the easement at the rear of Lots 9, 10 and 11 and prior to receiving a building permit, the property owner shall obtain an encroachment permit from the Public Works department to replace the 2 -inch water pipe in the City right-of-way; 3 EXIFiIBIT "A" Conditions of approval based on Negative Declaration ND -525-P and Addendum to Amend the Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 9 at 1537 Drake Avenue, effective May 3, 2004. 18. that the property owner shall arrange for a licensed professional to install backflow valves on the sewer laterals to 1553 Drake Avenue, 1557 Drake Avenue, 1561 Drake Avenue, and 1566 Drake Avenue at the property owner's expense and with the permission of the affected property owners; the Planning Department will advise the eligible property owners of this condition of approval, noting that it is their choice to take advantage of this opportunity, 19. that the contractor shall submit the "Recycling and Waste Reduction" form to the building department to be approved by the Chief Building Official that demonstrates how 60 per cent of construction demolition material will be diverted from the waste stream and the property owner shall be responsible for the implementation of this plan; (completed) 20. that all runoff created during construction and future discharge from the site will be required to meet National Pollution Discharge Elimination System (NPDES) standards; 21. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance; 22. that the project property owner shall obtain Planning Commission approval for any revisions to the proposed house and/or accessory structure or necessary changes to the tree protection program or to address new issues which may arise during construction; 23. that the property owner shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 24. that should any cultural resources be discovered during construction, work shall be halted until they are fully investigated by a professional accepted as qualified by the City Planner and the recommendations of the expert have been executed to the satisfaction of the City; 25. that no installation work on the driveway or landscaping on the site shall occur until construction of the dwellings mid wccssory strmtwes is completed arr Lots 9, 10, mid ff the timing, design, method of construction and materials have been approved by the City Arborist, and a licensed arborist shall be on the site continually to supervise the installation of the driveway and to make adjustments based on any root impacts identified during the process of construction; the construction activity shall be inspected regularly by the City Arborist during construction compliance with the approved materials and method of installation; it shall be the responsibility of the property owner to notify the City Arborist when construction of the driveway on Lot 9 is to begin; 26. A. that the root protection fencing for the Redwood trees on Lot 9 and 10 shall be installed on site and inspected by a Certified arborist; and a written report prepared by a certified arborist documenting the dimensions of the root protection fencing for the Redwood trees shall be submitted to the City Arborist within 24 hours of the inspection, and that the written report shall be approved by the City Arborist prior to the issuance of any demolition or construction permit; 4 EXHIBIT "A" Conditions of approval based on Negative Declaration ND -525-P and Addendum to Amend the Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 9 at 1537 Drake Avenue, effective May 3, 2004. B. that the established root protection fencing shall be inspected regularly by the City Arborist and shall not be adjusted or moved at any time during demolition or construction unless approved by the City Arborist; C. that the root protection fencing shall not be removed until construction is complete on Lots 9 and 10, except if the portion of the protective fence on Lot 9 in the area of the driveway may be removed to install the driveway with the approval of the City Arborist; the removal of a section of the fence should not disturb the maintenance irrigation system installed within the tree protective fencing; 27. A. that a licensed arborist shall be on site during any demolition and grading or digging activities that take place within the designated tree protection zones, including the digging of the pier holes for the pier and grade beam foundation, during the digging of the fence post holes for the first 60 feet of fence between Lots 9 and 10, and during digging for removal or installation of any utilities; B. that a licensed arborist, selected by the City and funded by the property owner, shall inspect the construction site once a week or more frequently as required by the conditions of approval and certify in writing to the City Arborist and Planning Department that all tree protection measures are in place and requirements of the conditions of approval are being met; C. ithat no materials or equipment shall be stockpiled or stored in any area not previously approved by the City Arborist; D. that a Certified arborist shall be given written authority by the property owner and be obligated to stop all work on the site should any activity violate any and all conditions of approval relating to the protection, conservation and maintenance of trees on the site, and E. the City Arborist may shall also stop work for any violation of the conditions related to the protection, conservation and maintenance of trees on the site; A. that under the observation of a certified arborist, all pier holes for the foundation shall be hand dug to a depth of no more than 18 inches and the surface area around the hole shall be protected as required by the City Arborist; excavation activity for the foundation shall be limited to the months of May to October; _ B. that if any roots greater than 3 inches in diameter are encountered during the digging for the pier holes, the property owner's on-site arborist shall call the City Arborist and determine how the pier shall be relocated and the Building Department shall be informed of the change and approve that the requirements of the building code are still met; EXHIBIT "A" Conditions of approval based on Negative Declaration ND -525-P and Addendum to Amend the Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 9 at 1537 Drake Avenue, effective May 3, 2004. C. if at any time during the installation of the pier and grade beam foundations roots greater than 3 inches in diameter must be cut, the situation must be documented by the certified arborist and approved by the City Arborist prior to the time the roots are cut; 29. A. that, based on root locations that will be determined by hand digging on the site, the property owner shall submit a detailed foundation report and design for approval by the Building Department and City Arborist to establish the bounds of the pier and grade beam foundation and have it approved prior to the issuance of a building permit for construction on the site; B. if at any time during the construction the pier locations must be altered to accommodate a Redwood tree root, the structural changes must be approved by the Building Department prior to the time any such root is cut or damaged; 30. that the property owner shall submit a complete landscape plan for approval by the City Arborist prior to a Building permit being issued to address the landscaping and fence installation on the site, including plantings, irrigation, electricity, fences, retaining walls and soil deposits on the site; installation of all landscape features shall be overseen by the property owner's arborist and regularly inspected by the City Arborist, including fence post holes; and work shall be stopped and plans revised if any roots of 3 inches in diameter or greater are found in post holes or any new landscape materials added endanger the redwood trees; kip A. that the fence post holes shall be hand -dug under the supervision of a certified arborist for the fence installed along the first 60 -feet of the property line between Lots 9 and 10; B. that if at any time during the hand digging a root greater than 3 inches in diameter is encountered, the post hole shall be relocated as directed by the property owner's Certified arborist and as approved by the City Arborist; 32. Tree Maintenance: A. The property owner shall be responsible for maintenance during demolition and construction work on the project and for a 5 -year maintenance program for the Redwood trees and their root structure on the site, including deep root fertilizing, beginning upon final inspection; this maintenance program shall be as recommended by the City Arborist based on site studies and experience during construction ; B. The property owner shall submit a report from a certified arborist to the Planning Department that discusses the health of the trees and any recommended maintenance on the trees or other recommended actions on the property no later than one year after the completion of construction on the project and every two years thereafter for a period of 5 years; EXIIIBIT "A" Conditions of approval based on Negative Declaration ND -525-P and Addendum to Amend the Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 9 at 1537 Drake Avenue, effective May 3, 2004. C. Prior to a demolition permit being issued for the project, the property owner shall submit an appraisal for each of the four (4) Redwood trees on Lots 9 and 10 from a certified arborist; upon submittal of the appraisal, a penalty amount shall be set by the City Arborist and the City Attorney based on the appraisal. Before issuance of any demolition or building permit for the project, the property owner shall then submit security to the City in a form approved by the City Attorney equal to the penalty amount should one or more of the Redwood trees die during demolition or construction or the 5 -year period after completion of construction that is attributed to construction on the site by the City Arborist, to cover any necessary removal costs, and to cover any unperformed maintenance or other corrective activities regarding the trees; nothing contained in this condition is intended to limit in any way any other civil or criminal penalties that the City or any other person may have regarding damage or loss of the trees. 33. that for purposes of these conditions a certified arborist means a person certified by the International Society of Arboriculture as an arborist; 34. that before issuance of any demolition or construction permit, the property owner shall record a deed restriction on the lot identifying the four (4) key Redwood trees and providing notice to the heirs, successors, and assigns that these trees were key elements of the development of the lot and: A. The trees may cause damage or inconvenience to or interfere with the driveways, foundations, roofs, yards, and other improvements on the property; however, those damages and inconveniences will not be considered grounds for removal of the trees under the Burlingame Municipal Code; B. Any and all improvement work, including landscaping and utility service, on the property must be performed in recognition of the irreplaceable value of the trees, must be done in consultation with a certified arborist, and if any damage to the trees occurs, will result in penalties and possible criminal prosecution; 35. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 Edition, as amended by the City of Burlingame; 36. that a soils compaction analysis shall be performed by a soils engineer on the area that was excavated and refilled during the week of November 24, 2003, to determine what the existing compaction is. The soils engineer and a certified arborist shall then determine what corrective steps if any must be taken to restore the area to the compaction existing in the surrounding soil and shall submit this determination to the City Arborist and City Engineer for approval. The corrective steps will then be completed before issuance of any construction permits for the site (completed); 37. that before any grading or construction occurs on the site, these conditions and a set of approved plans shall be posted on a weather -proofed story board at the front of the site to the satisfaction of the Building Department so that they are readily visible and available to all 7 EXIIIBIT "A" Conditions of approval based on Negative Declaration ND -525-P and Addendum to Amend the Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 9 at 1537 Drake Avenue, effective May 3, 2004. persons working or visiting the site; 38. that if work is done in violation of any requirement in these conditions prior to obtaining the required approval of the City Arborist, and/or the Building Division, work on the site shall be immediately halted, and the project shall be placed on a Planning Commission agenda to determine what corrective steps should be taken regarding the violation; 39. that a permanent water supply shall be provided to the maintenance irrigation system for the Redwood tree grove on Lots 9 and 10 until an occupancy permit is issued to the last house to be developed on Lot 9, 10 or 11; and that this continuous and dependable water supply shall not be provided by a new water line unless it is laid without trenching and in a manner approved by the City Arborist and City Engineer, failure to provide a constant, stable water supply adequate to appropriately irrigate the Redwood tree grove shall result in a stoppage of any construction underway on any of the lots; 40. that at the south property line of lot 9 the property owner shall extend using an existing or a temporary, above ground, water line as approved by the City Arborist from the public right-of- way or easement at the rear of the property to provide at least 250 feet of dry weather soaker hose irrigation to the redwood groves, there shall be no excavation for the temporary water line on lot 9 or 10; 41. that the Redwood Tree Grove Protective Fencing shall be maintained during construction on Lot 9, and this Redwood Tree Grove Protective Fencing shall not be temporarily altered, moved or removed during construction; no materials, equipment or tools of any kind are to be placed or dumped, even temporarily, within this Redwood Tree Grove Protective Fencing, the protective fencing and protection measures within the fencing shall remain in place until the building permit for the development on Lot 9 has been finaled and an occupancy permit issued; except for modification of the protective fencing as approved by the City Arborist in order to install the driveway on Lot 9; 42. that prior to issuance of the building permit for construction on Lot 9, the property owner shall reinforce the existing Redwood Tree Grove Protective Fencing by installing 36 -inch long layout stakes 24 -inches into the ground with the supervision of the project arborist and as inspected by the City Arborist; there shall be one stake approximately every 6 linear feet as determined by the location of any substantial tree roots, with steel wire affixed to the fence base though a hole in the layout takes to prevent movement or alteration of the protective fencing once installed; 43. that prior to issuance of a building permit for construction on Lot 9, the property owner shall install a locked gate in the Redwood Tree Grove Protective Fencing for inspection access to the protected area in order to determine on going adequacy of mulch, soil moisture and the status of other field conditions as necessary throughout the construction period; this area shall be accessed only by the project arborist, City Arborist, or workers under the supervision of these professionals; 44. that prior to the issuance of a building permit for construction on Lot 9, the property owner shall cause to have a three-ipch thick layer of well aged, course wood chip mulch (not bark) and EXI-MIT "A" Conditions of approval based on Negative Declaration ND -525-P and Addendum to Amend the Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 9 at 1537 Drake Avenue, effective May 3, 2004. a two-inch thick layer of organic compost spread over the entire soil surface within the Redwood Tree Grove Protective Fencing; installation of the wood chip and compost shall be accomplished by a method approved by the project arborist and City Arborist; installation of the wood chip and compost shall be supervised by the project arborist and the City Arborist; the project arborist shall inform the City Arborist of the timing of installation of the course wood chip mulch and organic compost so that observation and inspection can occur; 45. that prior to issuance of a building permit for construction on Lot 9 and starting in the late Spring/Early Summer 2004, the property owner shall install a supplemental irrigation system of approximately 250 feet of soaker hoses attached to an active hose bib from the temporary water line on Lot 9, snaked throughout the entire area on Lots 9 and 10 within the Redwood Tree Grove Protective Fencing; irrigation must be performed at least once every two weeks throughout the entire construction period for all three lots unless determined not to be necessary by the project arborist and City Arborist; this area shall be soaked overnight, at least once every two weeks, until the upper 24 -inches of soil is thoroughly saturated; the City Arborist shall periodically test the soil moisture to ensure proper irrigation; 46. that prior to issuance of a building permit for construction on Lot 9, the property owner shall affix at least four(4), 8 -inch by 11 -inch laminated waterproof signs on the Redwood Tree Grove Protective Fencing warning that it is a "Tree Protection Fence", "Do Not Alter or Remove" and in the event of movement or problem call a posted emergency number; 47. that the Redwood Tree Grove Protective Fencing on Lots 9 and 10, shall be regularly inspected by the project arborist and City Arborist during construction on Lot 9; violation of the fenced areas and/or removal or relocation of the fences shall cause all construction work to be stopped until possible damage has been determined by the City Arborist and the property owner has implemented all corrective measures and they have been approved by the CityArborist; 48. that before issuance of a building permit, the property owner shall deposit $7,500 with the Planning Department to fund, on an hourly basis, a licensed arborist inspector selected by the City Arborist to assist the City Arborist in inspecting all construction and grading on Lot 9 to insure that the mitigation measures included in the negative declaration and the conditions of approval attached to the project by the Planning Commission action are met; and a. that the property owner shall replenish by additional deposit by the 15`h of each month to maintain a $7,500 balance in this inspection account to insure that adequate funding is available to cover this on-going inspection function; and b. that failure to maintain the amount of money in this account by the 15`h of each month shall result in a stop work order on the project which shall remain in place until the appropriate funds have been deposited with the City; and c. that should the monthly billing during any single period exceed $7,500 a stop work order shall be issued until additional funds to replenish the account have been deposited 9 EXHIBIT "A" Conditions of approval based on Negative Declaration ND -525-P and Addendum to Amend the Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 9 at 1537 Drake Avenue, effective May 3, 2004. with the city so inspection can continue; and d. that should the city be caused to issue three stop work orders for failure to maintain the funding in this arborist inspection account, the property owner shall be required to deposit two times the amount determined by the City Arborist to cover the remainder of the inspection work before the third stop work order shall be removed; and e. that the unexpended portion of the inspection deposit shall be returned to the property owner upon inspection of the installation of the landscaping and fences, irrigation system and approval of the five year maintenance plan/ program for the portion of the Redwood tree grove on the lot; and that this same account may be used for the City Arborist's selected licensed arborist inspector on lots 9 and 10. 10