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HomeMy WebLinkAboutReso - CC - 041-2004RESOLUTION NO. 41-2004 RESOLUTION APPROVING AMENDMENT TO CONDITIONAL USE PERMIT FOR EMERGING LOTS AND AMENDMENT TO 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 conditional 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 11 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 11, 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 finther directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. /06.0'� n 0, 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: C©FFEY, GALLIGAN, o`MAHONY NOES: COUNCILMEMBERS: BAYLou, NAGEL ABSENT: COUNCILMEMBERS: NONE don ww'444 CITY 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 11 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 9, 2004, sheets A.1 through A.5 and Ll; and that any changes to building materials, exterior finishes, footprint or floor area of the building shall require and 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 donner(s), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to Planning Commission review; 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 9 and 10; 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 including appropriate removal of the construction staging area fence on Lot 10; 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 March 15, 2004, May 31, June 4, August 30, and October 15, 2002, memos, the City Arborist's April 3 and May 21, 2003 memos, and the Recycling Specialist's March 10, 2004 memo 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 11; use of hand tools shall comply with the requirements of the City's noise ordinance; 7 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 11 at 1537 Drake Avenue, effective May 3, 2004. 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 or in the construction staging area during each of the phases of development; construction activity and parking shall not occur within the redwood tree grove protective fencing on Lots 9 and 10; 10. that all construction shall be done in accordance with the California Building Code requirements 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 shall 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 that 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; 13. that the new sewer connection 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 installation of any sewer laterals, water or gas connections on the site, the property owner shall submit a plan for approval by the City Engineer and the City Arborist; 16. that prior to installing the new water line to serve Lots 9, 10 and 11 and supply 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; 17. 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; 18. that all runoff created during construction and future discharge from the site shall be required to meet National Pollution Discharge Elimination System (NPDES) standards; 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 11 at 1537 Drake Avenue, effective May 3, 2004. 19. that the development on this site shall comply with Burlingame Ordinance No. 1477, Exterior Illumination Ordinance; 20. that the property owner shall comply with Burlingame Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 21. 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; 22. that the property owner shall submit a complete landscape and irrigation plan for approval by the City Arborist prior to a Building permit being issued; the plan shall address the landscaping, flat work, driveway design and materials, and fence installation on the site, including plantings, irrigation, electricity, retaining walls, soil deposits and driveway construction details; landscaping shall be inspected and approved by the City Arborist before the City shall issue an occupancy permit for the house; 23. 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 or edition in effect at the time a building permit is issued; 24. 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; 25. that if work is done in violation of any requirement in these conditions prior to obtaining the required approval of the City Arborist and 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; 26. that the property owner shall replace the existing 2 -inch water pipe with a 2 -inch copper pipe from its connection to the 2 -inch line on Bernal Avenue in the city easement at the rear of lots 9, 10 and 11 as directed and approved by the City Engineer; this line shall be installed to connect to the existing line past lot 9; 27. that at the south property line of lot 9 the property owner shall extend a temporary, above ground, water line as approved by the City Arborist from the new 2 -inch copper water pipe in the public easement 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; 28. that the Redwood Tree Grove Protective Fencing shall be maintained during construction on Lot 11, 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 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 11 at 1537 Drake Avenue, effective May 3, 2004. protective fencing and protection measures within the fencing shall remain in place until the building permit for each development on lots 9, 10 and 11 has been finaled and the removal authorized by the City Arborist; 29. that prior to issuance of the building permit for construction on Lot 11, 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; 30. that prior to issuance of a building permit for construction on Lot 11, 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; 31. that prior to the issuance of a building permit for construction on Lot 11, 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 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; 32. that prior to issuance of a building permit for construction on Lot 11 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; 33. that prior to issuance of a building permit for construction on Lot 11, 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; 34. that the property owner shall establish a twenty -foot wide staging area strip along the north property line of Lot 10 by installing a permanent six-foot tall, chain-link fence at the location shown on the Site Plan submitted to the Planning Department and date stamped March 9, 2004, 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 11 at 1537 Drake Avenue, effective May 3, 2004. according to the specifications of the City Arborist; this fence shall be posted with the same laminated waterproof warning signage as used on the Redwood Tree Grove Protective Fencing at the same intervals; at no time during the construction on Lot 11, including installation of landscaping, shall this fencing be moved, removed or relocated without the approval of the project arborist and City Arborist; this fencing shall be removed prior to any construction activity on Lot 10; 35. that all protective fencing, staging area fencing on Lot 10 and 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 11; 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; 36. 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 11 and in the 20 foot staging area on Lot 10 to support construction on Lot 11 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 15th 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 15th 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 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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