HomeMy WebLinkAbout1537 Drake Avenue Lots 9 & 10 - Staff ReportCITY o� STAFF REPORT
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TO: HONORABLE MAYOR AND CITY COUNCIL
DATE: APRIL 27, 2004
FROM: CITY PLANNER
AGENDA
ITEM #
MTG.
DATE 05.03.04
SUBMITTED
BY IUy
APPROVED
BY
SUBJECT: APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE
CONDITIONAL USE PERMIT FOR EMERGING LOTS TO SEPARATE AND AMEND
CONDITONS OF APPROVAL FOR EACH LOT AND FOR ADDITIONAL TREE
PROTECTION REQUIREMENTS FOR LOTS 9 AND 10 AT 1537 DRAKE AVENUE,
ZONED R-1.
Action:
City Council should hold a public hearing and take action on the request for amendment to the conditions on a
use permit for emerging lots to separate the condition for Lots 9 and 10 at 1537 Drake Avenue, to the extent
possible, and to amend the conditions for both Lots 9 and 10 including additional tree protection requirements
for the significant stand of Redwood trees which extend on to Lots 9 and 10. Affirmative action should
include findings based on the criteria for a conditional use permit. Affirmative action should be taken by
resolution. The reasons for any action should be stated clearly for the record. City Council has three action
alternatives:
a. to uphold the Planning Commission and approve the application;
b. to reverse the Planning Commission and deny the application; or
c. to deny the request without prejudice and return it to the Planning Commission with comments.
A detailed description of the action alternatives and the criteria for a conditional use permit are included at the
end of the staff report. The conditions of include the mitigation monitoring plan as required by the California
Environmental Quality Act.
Conditions on the project considered by the Planning Commission:
Italics indicate new wording from the original approval. Strike outs indicate that these conditions have been
met and are no longer necessary.
Conditions for Lot 9
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;
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND 10 AT 1537 DRAKE AVENUE, ZONED R-1.
May 3, 2004
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
pedury;
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;
No
8. 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;
9. 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 City's noise
ordinance;
10. 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;
K
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND 10 AT 1537 DRAKE A VENUE, ZONED R-1.
May 3, 2004
construction activity and parking shall not occur within the redwood tree grove protective fencing on
Lot 9;
11. 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;
12. 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;
13. 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;
14. that the new sewer to the public sewer main shall be installed to City standards as required by the
development;
15. 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;
16. 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;
17. 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;
18. that prior to installing the new water line to serve Lots 91 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;
19. 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;
20. 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)
3
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND 10 AT 1537 DRAKE A VENUE, ZONED R-1.
May 3, 2004
21. that all runoff created during construction and future discharge from the site will be required to meet
National Pollution Discharge Elimination System (NPDES) standards;
22. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance;
23. 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;
24. that the property owner shall comply with Ordinance 1503, the City of Burlingame Storm Water
Management and Discharge Control Ordinance;
25. 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;
26. that no installation work on the driveway or landscaping on the site shall occur until eenstraefien of the
dwellings and aeeesser-y struetures-iseempleted on_Lots 9, 10, and 1 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;
27.
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 dimensi
to the issuance of any demolition or construction permit;
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,
n and 10 ""a 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;
4
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND 10 AT I S37 DRAKE A VENUE, ZONED R-1.
May 3, 2004
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29.
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 material and equipment shall be fneved inunediately;
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 nmy shall also stop work for any violation of the conditions related to the protection,
conservation and maintenance of trees on the site;
30.
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 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;
E
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND 10 AT 1537 DRAKE A VENUE, ZONED R-1.
May 3, 2004
31.
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;
32. 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;
33.
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;
34. 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
founded upon the r-eeemmendations of the April 28, 2003 Mayne Tree Cempany r-epeft as well as sueh
additional r-eeenimendations as the pr-epefty owner- shall r-eeeive from a eei4ified ar-ber-ist;
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 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
R
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND 10 AT 1537 DRAKE AVENUE, ZONED R-1.
May 3, 2004
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.
35. that for purposes of these conditions a certified arborist means a person certified by the International
Society of Arboriculture as an arborist;
36. 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;
37. 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;
38. 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);
Proposed Additional Conditions of Approval for Lot 9:
39. 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;
40. 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;
41. 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
7
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND 10 AT 1537 DRAKE AVENUE, ZONED R-1.
May 3, 2004
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; the
---- ---.I -_ . ___-__. _..__- _ ---- __ __.- _ - ___ _ _ __ ___ --.. ___ --rr-- - -- - J ---- ----.1----o----- --
line sh.-Al.l. be installed to eenneet to the existing line south lot 9; and a eenneetien pfevided te Let 9 at
leeation approved by the City Ar-ber-ist;
42. 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 new ' ineh „p�V
water pipthe 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;
43. 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;
44. 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;
45. 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;
46. 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 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;
47. 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
0
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND MAT 1537 DRAKE AVENUE, ZONED R-1.
May 3, 2004
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;
48. 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;
49. 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;
50. 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 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
we
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND 10 AT 1537 DRAKE AVENUE, ZONED R-1.
May 3, 2004
f. that this same account may be used for the City Arborist's selected licensed arborist inspector
on lots 9 and 10.
Conditions for Lot 10
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 and A.6, date stamped April 2, 2003, sheets A.2, A.3 and A.5, and
date stamped April 25, 2003, sheets A.4 and L1 for Lot 10; 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;
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, 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 11;
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' May 31, June 4, August 30, and October 15, 2002, memos,
the Fire Marshal's September 3, 2002 memo, the Chief Building Inspector's August 5, 2002 memo, the
Recycling Specialist's August 27, 2002 memo, and the City Arborist's April 3 and May 21, 2003
memos shall be met;
10
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND 10 AT 1537 DRAKE AVENUE, ZONED R-1.
May 3, 2004
8. 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;
9. that there shall be no heavy equipment operation or hauling permitted on weekends or holidays during
the development of Lot 10; use of hand tools shall comply with the requirements of the City's noise
ordinance;
10. 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 10,-
11. 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;
12. 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;
13. 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;
14. that the new sewer to the public sewer main shall be installed to City standards as required by the
development;
15. 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;
16. 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;
17. 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;
18. that prior to installing the new water line to serve Lots 91 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
11
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND ]OAT 1537 DRAKE AVENUE, ZONED R-1.
May 3, 2004
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;
19. 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;
20. 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)
21. that all runoff created during construction and future discharge from the site will be required to meet
National Pollution Discharge Elimination System (NPDES) standards;
22. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance;
23. 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;
24. that the property owner shall comply with Ordinance 1503, the City of Burlingame Storm Water
Management and Discharge Control Ordinance;
25. 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;
26. that the driveway and the detached garage it serves for the proposed house on Lot 10 shall be shifted
to the north side of the lot within S feet of the north side property line and the driveway shall be
designed to be pervious material as approved by the City Arborist, and installed according to
approved plans with the supervision of a licensed arborist and regularly inspected by the City
Arborist;
A. that before a Building Permit is issued,
an explen-Aer-y digging iiwestigatien using an air- spade or- ethe
proper- means aleng the path ef the driveway for- Let 10 shall be eendueted by a Ceffified afberiSt an A
meniter-ed by the City Ar-ber-ist to detefmine if the driveway ean be installed as pr-epesed; not
necessary with relocation of driveway)
B. the results of the investigation shall be submitted in a wr-iften Y-epeft by the Ceffified arber-ist fe
appr-ewil by the City ; (not necessary with relocation of driveway)
Mrm
12
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND 10 AT 1537 DRAKE A VENUE, ZONED R-1.
May 3, 2004
and their- eanep5-, and the Planning Conunissien shall review and approve the proposed ehanges as
that the revised plans wiY ha,,w ne negatAw hnpaet on the Redweed treaq er their ean&py,- (not
necessary with relocation of driveway)
D. that no installation work on the dr-iveway or- landseaping on the site shall eeeuf urAil eensh-aetion of the
dwellings anaeeesser-y S+M,.,, Fes ; eempleted o Lots 9, 10, and 1 1 ; (not necessary with relocation
of driveway)
27
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;
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,
and 10 ^"a 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;
U:3
A. that driveway on Lot 10 shall be constructed of pavers set in sand, with a maximum cut below grade of
10 inches and a base compaction determined by a certified arborist and approved by the City Arborist;
B. that if any roots greater than 3 inches in diameter are encountered during grading for the driveway on
Lot 10 and must be cut to install the driveway, the situation shall be documented by the certified
arborist and approved by the City Arborist prior to cutting any roots;
C. that if at any time the certified arborist on site or the City Arborist feels the number of roots to be cut to
install the driveway on Lot 10 is significant, a stop work order shall be issued for the site until the City
Arborist determines whether it is necessary to relocate the driveway;
29.
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
13
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND 10 AT 1537 DRAKE AVENUE, ZONED R-1.
May 3, 2004
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 may also stop work for any violation of the conditions related to the protection,
conservation and maintenance of trees on the site;
30.
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 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;
31
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;
32. 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,
14
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND ]OAT 1537 DRAKE AVENUE, ZONED R-1.
May 3, 2004
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;
33.
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 Certified arborist and as approved by the City Arborist;
34. 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 founded upon the recommendations of the April 28, 2003 Mayne Tree Company report as well as
such additional recommendations as the property owner shall receive from a certified arborist;
B. The property owner shall submit a report from a certified arborist to the Planning Department that
discussed 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 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.
35. that for purposes of these conditions a certified arborist means a person certified by the International
Society of Arboriculture as an arborist;
36.
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;
15
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND MAT 1537 DRAKE AVENUE, ZONED R-1.
May 3, 2004
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;
37. 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;
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.
38. 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; and
39. that the project shall meet all the requirements of the California Building and Uniform Fire Codes,
2001 Edition or the edition approved by the City and as amended by the City of Burlingame at the time
a building permit is issued;
16
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND 10 AT 1537 DRAKE AVENUE, ZONED R-1.
May 3, 2004
40. 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);
Proposed Additional Conditions of Approval for Lot 10:
41. 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;
42. 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;
43. 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
Lots 9, 10 or 11; and this continuous and dependable water supply shall not be provided by a new
waterline 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; the
direeted by the City Engineer-; tWs line be installed
te eenneet te the existing !in
and approved shall
Ar-ber-ist;
44. that the Redwood Tree Grove Protective Fencing shall be maintained during construction on Lots 9, 10
and 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 protective fencing
and protection measures within the fencing shall remain in place until the building permit for each
development on lots 9 and 10 has received an occupancy permit and the City Arborist has approved
removal of the protective fencing;
45. that prior to issuance of the building permit for construction on Lot 10, 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,
17
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND 10 AT 1537 DRAKE AVENUE, ZONED R-1.
May 3, 2004
46 that prior to issuance of a building permit for construction on Lot 10, 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;
47. that prior to the issuance of a building permit for construction on Lot 10, 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;
48. that prior to issuance of a building permit for construction on Lot 10 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;
49. that prior to issuance of a building permit for construction on Lot 10, 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;
50. 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 10; 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;
51. 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 10 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
18
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND 10 AT 1537 DRAKE AVENUE, ZONED R-1.
May 3, 2004
b. that failure to maintain the amount of money in this account by the I5`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 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
f. that this same account may be used for the City Arborist's selected licensed arborist inspector on
lots 9 and 10.
Planning Commission Action:
At the Planning Commission meeting on March 29, 2004, the Commission held a public hearing and voted 5-
0-1-1 (C. Keighran abstaining, C. Keele absent) to amend the conditional use permit by separating the
conditions of approval on Lots 9 and 10 and amending the conditions on both lots for additional maintenance
of the Redwood tree grove. In comment on the motion it was noted: these conditions add requirements to
both Lots 9 and 10 for maintenance and protection of the Redwood grove during the construction on Lot 11
and through completion of construction on Lots 9 and 10; noted that based on the continuing analysis and
evaluation by the arborists more investigation will need to take place for the foundations of structures and
driveways on Lots 9 and 10; depending upon the design and location proposed for the structures and
driveways on these lots the Commission will need to review any construction; these requirements have
delayed submittal of revised projects on these lots; whatever is proposed it will return to the commission with
a full arborist report/analysis of the proposal. Commissioner noted that this is a bad policy act at this time, but
the conditions proposed are more restrictive, will not be harmful and will be protective of the Redwood trees,
but this is not a good habit for processing.
Application History:
On May 27, 2003, the Planning Commission approved a mitigated negative declaration with a mitigation
monitoring plan included as a part of the conditions of approval for the re-emergence and development of
three lots at 1537 Drake Avenue, zoned R-1 (May 27, 2003 P.C. Minutes). The planning permit application
was for a conditional use permit for three re-emerging lots, design review for three new houses (one on each
lot) and special permits for an attached garage on Lots 9 and 11 at 1537 Drake Avenue. Of major concern
with the development on this site were two significant stands of Redwood trees. The Negative Declaration
prepared for this project was based on the premise that the tree protection measures required in the
environmental document of the original structure and implemented through the conditions of approval would
be adhered to throughout the project from demolition through five years of tree maintenance following
19
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND 10 AT 1537 DRAKE AVENUE, ZONED R-l.
May 3, 2004
occupancy of the site, thus reducing the impacts of development on the significant groves of trees to a level
acceptable to the community. The tree protection measures were required to be installed before any
construction on the site. Since particularly the tree protection measures included arborist observed hand
digging investigation of pier locations for foundations for the houses on Lots 9 and 10. Modification of
foundation supports or type was a possible outcome of this observation which would require additional
Building or Planning review.
A demolition permit for the existing house and accessory structures was issued on November 12, 2003.
Demolition of all existing structures on the site was completed by the end of November, 2003. On November
25, 2003, the contractor began grading for future foundation on Lot 9 at the location of the significant stands
of Redwood trees. The grading and excavation was based on a set of foundation plans which had not been
reviewed or approved by the Building or Planning Departments. As required by the conditions of approval
(May 27, 2003), there was no notification to any arborist about the foundation excavation on Lots 9 and 10.
In response, the City stopped the grading/excavation and a stop work order was issued. The stop work order
applied to the entire site (Lots 9, 10 and 11). That stop work order is still in place. A stop work order means
that there shall be no work of any kind on the site. With the stop work order, any construction activities for
safety or securing the site must be pre -approved and authorized by the City. Because of the violation of the
conditions of approval, the project was placed on the December 8, 2003, Planning Commission calendar for
review of the project.
At the December 8, 2003 meeting, the Commission continued the item which was a request for review and to
separate the conditions of approval for each lot. The item was continued until the root damage had been
properly investigated by certified arborists and the foundation type for the houses on Lots 9 and 10, which
could affect the significant Redwood tree grove, have been developed and the conditions of approval revised
accordingly (December 8, 2003 P.C. Minutes). The Commission also requested several other items to be
completed by the property owner including: investigation of the root damage in the excavated area and
mapping of the roots to determine the approximate location of tree roots, identification of appropriate
foundation type and determination of location of Redwood tree grove protective fencing. Since the meeting,
an inspection arborist has been chosen by the City to work under the direction of the City Arborist. The
property owner is bearing this cost. The inspecting arborist has been working with and is supervised by the
City Arborist in overseeing the root investigation in the field, reviewing and commenting on the property
owner's arborist's reports, and assisting in evaluating the impact of proposed foundation alternatives on the
existing roots. The inspection arborist will assist the City Arborist by doing regular compliance in inspections
during construction on all three lots, and if necessary, doing enforcement inspections and oversee compliance
after violations. The City Arborist however continues to be responsible for determining compliance with the
conditions of approval and construction compliance. The cost of the inspection arborist assistance is to
continue to be borne by the property owner (see condition #36).
BACKGROUND:
Following the Planning Commission continuation and completion of a number of arborist investigations and
evaluations, the property owner requested that the conditions of approval for the three lots be separated as was
initially requested on December 8, 2004. The separation of the conditions includes amendments recommended
by the City Arborist which reflect information currently available on the Redwood tree grove roots and their
location. These amended conditions include a maintenance program for the Redwood tree grove on Lots 9
and 10 to be installed before any grading or construction commences on Lot 11 and to continue through the
completion of construction on both Lots 9 and 10 whenever that occurs. Since it became clear that it may
take some time to figure out the foundation, possible structure design impacts and driveway designs to
Iff
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND 10 AT 1537 DRAKE AVENUE, ZONED R-1.
May 3, 2004
accommodate the root pattern of the Redwood tree grove on Lots 9 and 10, the property owner has
acknowledged that it will be necessary to return to the Planning Commission for approval of any future
development on Lots 9 and 10, along with any additional conditions of approval at a later date. So the
currently proposed amended conditions of approval would prevail on Lots 9 and 10 until additional plans are
submitted and approved by the Planning Commission.
Since the basic root studies have been completed and it is possible for the corrective design work for the
foundations on Lots 9 and 10 to be commenced, the property owner is now requesting that:
1) The conditions for development on the three lots be separated, to the extent possible, so each house can
be built independently;
2) That 20' of Lot 10 adjacent to Lot 11 be fenced so that it can be allowed to be used as a staging area
to facilitate construction on Lot 11; and
3) That development on Lots 9 and 10 be left to a later date when foundations, structures and driveways
have been appropriately designed around the existing major and supporting root systems of the
significant Redwood tree grove.
The property owner is requesting an amendment to the original conditional use permit for emerging lots in
order to separate and amend conditions of approval for Lots 9 and 10. All three houses were originally
approved in one set of conditions which assumed, as proposed by the developer at that time, that all three
houses would be built simultaneously. Now the property owner would like to begin construction of the house
on Lot 11 while the foundation design based on the root investigation continues for the houses on Lots 9 and
10. In order to go ahead on Lot 11, the conditional use permit, which contains single set of intertwined
conditions for all three lots, must be amended so that the conditions of approval are separated, one set of
conditions for each lot. Planning staff would note that applications for Lots 9 and 10 will return for Planning
Commission review once design of foundations and driveways are determined based on the root information,
and any effects of the changes to the foundations including placement of the structures, the height and other
aspects of the design have been determined for construction on Lots 9 and 10.
Staging area on Lot 10: The property owner is proposing to install a twenty -foot wide construction
staging area on Lot 10 to be used for construction on Lot 11. The staging area would be established
along the north property line of Lot 10. The staging area would be designated by 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. In a memo dated March 23, 2004, the City Arborist notes that all three
arborists (project arborist, independent arborist, and City Arborist) agree that, based on the root
investigations completed to date, there will be no impact on the Redwood grove tree roots on Lots 9
and 10 from construction on Lot 11, nor from the proposed use of the 20-foot wide construction
staging area on Lot 10. Because a portion of Lot 10 will be used for staging for construction on Lot
11, several new conditions (in italics) have been added to address maintenance of the Redwood trees
within the Redwood Tree Grove Protective Fencing on Lots 9 and 10. These added conditions address
items such as reinforcing the existing protective fencing, mulching and irrigation within the protective
fencing. The tree maintenance and protection conditions will have to be implemented prior to issuance
of a building permit for construction on any of the lots, including Lot 11.
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APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND 10 AT 1537 DRAKE AVENUE, ZONED R-1.
May 3, 2004
Water supply for Redwood tree Bove maintenance and irrigation: Now that the houses will not be
built simultaneously, one of the key issues regarding maintenance of the Redwood tree grove during
the period of construction of all the lots is a stable source of water. Protection of the Redwood grove
requires regular irrigation during the dry season. Currently water is supplied to Lot 9 from an
easement along the rear property line. Based on the arborists' root investigations of Lot 9 where the
much of the soaker hose irrigation system is located, the City Arborist has determined that trenching
for utilities should be very limited and locations carefully selected. For that reason any new water line
for the soaker hose irrigation system should be run on the surface from the nearest distribution pipe in
the public right of way/easement. During the period of construction on these lots the City Engineer has
noted that the primary source of water to these lots may shift from an easement at the rear of the lots to
the street at the front. The location of the source of the irrigation water is less important than the fact
that it is not supplied through a new line in a trench and that the supply be continuous during the dry
season as determined by the City Arborist.
■ Reasons to change the conditions of approval:
Amendment to the conditional use permit for emerging lots to separate and amend conditions
of approval for Lots 9 and 10. All three lots, each with one house, were originally approved within a
single set of conditions, which required that all three houses would be built at the same time. The property
owner would like to begin construction of the house on Lot 11 while the foundation design and any other
design adjustment for roots continues on Lots 9 and 10. In order to separate the conditions by lot, an
application to amend the conditional use permit is required.
With this application, the property owner is proposing to install a twenty -foot wide staging area on Lot 10
to be used for construction on Lot 11. The staging area would be established along the north property line
of Lot 10 which would be designated by 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. In a memo dated
March 23, 2004, the City Arborist notes that all three arborists (project arborist, independent arborist, and
City Arborist) agree that based on the root investigation completed to date, there will be no impact on the
Redwood tree roots on Lots 9 and 10 from construction on Lot 11, nor from the proposed 20-foot wide
staging area on Lot 10. 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. However, upon the completion of construction on Lot 11 and before construction
begins on Lot 10, this fence needs to be removed so that this area can be used for construction access on
Lot 10.
The conditions of approval have been revised based on what has occurred at the site to date including
demolition, unsupervised excavation and grading, root investigation and experience. New conditions and
revisions to original conditions (in italics) have been added to address maintenance of the Redwood trees
within the Redwood Tree Grove Protective Fencing on Lots 9 and 10 during all construction on the three
lots. Redwood grove tree protection measures defined in the conditions shall be installed before a building
permit is issued for any of the houses and shall remain in place until the occupancy permit is issued for the
last of the three houses. Conditions also clarify funding for the City's licensed arborist inspector. These
added conditions address Redwood tree grove protection items such as reinforcing the existing protective
fencing, mulching and irrigation around the Redwood tree grove within the protective fencing, and adding
the staging area fencing on Lot 10 and construction protection fencing on Lots 9 and 10.
22
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND MAT 1537 DRAKE AVENUE, ZONED R-1.
May 3, 2004
Summary of Root Investigation: Since January 2004, the property owner and arborists have
met on several occasions to discuss the root investigation, possible foundation types for the houses on Lots
9 and 10, needed protection during construction and root impacts of construction on Lot 11. The arborists
investigated the back -filled excavated area on Lots 9 and 10 with regard to compaction and future root
growth potential. The investigation noted that existing compression strength ratings for the fill indicate
normal root growth potential. After the area on Lot 9 was excavated and prior to back -filling, the project
arborist severed exposed root faces cleanly back to the edge of excavation to encourage new root growth
and noted that in his opinion the loss of roots at that time was not significant in regards to loss of health or
support. The City Arborist agreed that this was the best way to treat the exposed roots. The inspecting
arborist noted that further excavation into the back -filled area may cause more damage than the original
root severing itself and that it is probably best to leave the area as is rather than attempt to re -excavate it
using the air spade tool. Therefore, the back -filled area was not re -excavated.
Air spading occurred at the end of January under the supervision of all the arborists. The air spading was
done in several locations around the redwood trees, but discontinued because of the arborists' concern that
the air excavation process itself, particularly given the time of year, may unnecessarily damage or destroy
the fine absorbing roots. The air tool also seemed to be stripping off bark from some woody roots in the
air excavated trenches. As a result, a map of the root system was not produced. However, from the results
of the air spading all the arborists agreed that there would be no significant impact on the roots from
construction on Lot 11 or the proposed 20' wide staging area. The general consensus of the arborists was
that coast redwood rooting activity did not extend into the 20' wide proposed staging area or onto Lot 11.
In regards to the protective fencing around the Redwood tree grove, the arborists agree that it may remain
in its existing location on Lots 9 and 10 with some additional requirements including mulching and
irrigation to support the trees during the entire construction period for all three lots. Conditions to meet
these tree maintenance requirements have been added as conditions of approval which must be met
(installed) prior to issuance of a building permit for construction on Lot 11. The conditions include
extending the new water service line for all three lots as a first phase of construction on Lot 11 or provided
a dependable source of water to the irrigation system for the Redwood tree grove as approved by the City
Arborist. The protective fencing area around the Redwood tree grove may be revised based on further
root investigation for construction on Lots 9 and 10.
CEQA Compliance:
Negative Declaration ND-525-P and Addendum. The mitigations required in the negative declaration are
included in the conditions of approval. Implementation of these conditions of approval constitute the
mitigation monitoring plan and are required for compliance with CEQA.
Staff Comments:
Planning staff would note to the extent possible the conditions on Lots 9 and 10 have been divided. However,
since the major roots supporting the Redwood tree grove cross the property line between Lots 9 and 10, the
two lots become intertwined in terms of Redwood tree grove protection measures. When the property owner
finalizes his plans for construction on these two lots, they may become interdependent in other ways. These
additional issues, if they arise, can be dealt with when the Commission reviews the revisions to the proposed
development on these two lots. For this reason a condition has been added to both Lot 9 and 10 requiring
Commission review of any changes from the approved design including foundation design based on tree root
location, prior to submittal for a building permit.
23
APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE AND AMEND CONDITONS OF APPROVAL FOR EACH LOT AND FOR
ADDITIONAL TREE PROTECTION REQUIREMENTS FOR LOTS 9 AND ]OAT 1537 DRAKE AVENUE, ZONED R-1.
May 3, 2004
It should also be noted that because of two recent court decisions in Southern California the City Attorney
must recuse himself from advising the City Council on this matter. (See City Attorney's memo )
Independent counsel has been hired to advise the City Council, but she is unable to attend the public hearing
on May 3, 2004. Should the City Council wish to consider revoking any of the permits previously granted to
Lots 9, 10 or 11 addressed 1537 Drake Avenue, staff would suggest that the meeting be continued until
independent council is available (May 17, 2004).
ATTACHMENTS:
Action Alternatives and Code Required Criteria for a Conditional Use Permit and Mitigated Negative
Declaration
The Drake Avenue Neighbors April 8, 2004 letter to City Clerk, appealing 1537 Drake Avenue
Monroe letter to Otto Miller, April 20, 2004, setting appeal
Mark Hudak letter to Margaret Monroe, April 12, 2004
Planning Commission Minutes, March 29, 2004
Resolution for Lot 9, 1537 Drake Avenue
Resolution for Lot 10, 1537 Drake Avenue
Notice of Appeal Hearing, mailed April 23, 2004
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