HomeMy WebLinkAboutReso - CC - 040-2004RESOLUTION NO. 40_200
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 ofthe 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 pemut for emerging lots to separate and amendment
to the conditions of approval for each lot and for additional tree protection requirements for Lot 10 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:
I. 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 10, 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 staffreport, 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.
o
MAYOR
1, 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'MMONY
BAYLOCB, NAGEL
NONE
`y�
TfY CLERK
E30MIT "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 10 at
1537 Drake Avenue, effective May 3, 2004.
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;
5. 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;
7. 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
2
E3CMr ' "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 10 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 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;
:f
EXIMIT "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 10 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;
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EXEnff "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 10 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, approved 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. that 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 shall also stop work for any violation of the conditions related to the
protection, conservation and maintenance of trees on the site;
28.
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;
C. if at any time during the installation of the pier and grade beam foundations roots greater than 3
EXIIIBTr "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 10 at
1537 Drake Avenue, effective May 3, 2004.
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;
31.
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
encountered, the post hole shall be relocated
arborist and as approved by the City Arborist;
32. Tree Maintenance:
a root greater than 3 inches in diameter is
as directed by the property owner's Certified
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;
C. Prior to a demolition permit being issued for the project, the property owner shall submit an
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 10 at
1537 Drake Avenue, effective May 3, 2004.
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
persons working or visiting the site;
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 10 at
1537 Drake Avenue, effective May 3, 2004.
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 fmaled 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-inch thick layer of well aged, course wood chip mulch (not bark) and
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
E
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 10 at
1537 Drake Avenue, effective May 3, 2004.
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 I 1 -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
City Arborist;
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 15a' 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 15a' 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
with the city so inspection can continue; and
EXHMIT "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 10 at
1537 Drake Avenue, effective May 3, 2004.
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.
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