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RECEIVEp
MAY 9 2005
CITY OF BURLINGAME
PLANNING DEPT.
PUBLIC WORKS DEPARTMENT
(650) 558-7230
The City of BuYlingame
CITY HALL - 501 PRIMROSE ROAD
BURLINGAME, CALIFORNIA 94010-3997
CORPORATION YARD
(850)558-7670
May 9, 2005
Otto Miller
P.O. Box 121
Burlingame, CA 94011
Re: New & Existing Addresses at 1537, 1543, & 1547 Drake Avenue
Dear Mr. Miller:
This letter will confrm that the City has assigned new and existing addresses to your three new singles family homes
as follows:
1537 Drake Avenue - Existing Address, Vacant Lot, Lot 9, Block 55, Easton Addition #5 Subdivision
APN 026-033-280
1543 Drake Avenue - New Address, Vacant Lot, Lot 10, Block 55, Easton Addition #5 Subdivision,
APN 026-033-270
1547 Drake Avenue - New Address, New House Under Construction, Lot 11, Biock 55, Easton Addition #5
Subdivision - APN026-033-260
Please post the new address number so it can be visible from the street. Also, the numbers must be illuminated.
We have given notice to the parties listed below. Please advise other interested parties of this change.
Sincerely,
CITY OF BURLIl�TGAME
Syed Murtuza, P.E.
Asst. Director of Public Works
�
e
By
Edwin Chung
Engineering Technician
c: Paci�c Gas & Electric, Pacific Bell, Burlingame Post Office, Planning Department, Building Department, Fire
Department, Street & Sewer Department, Police Department, Water Office, Water Department, Park Department,
Assessor's Office
[] CHANGE ADDRESS ON FLOODPLAIN DATABASE ON LOCAL AREA NET
[] REPRINT FLOODPLAIN DATABASE & GIVE BUILDING DEPT. CHANGED DATABASE
[) CHANGE ADDRESS ON WATER, SEWER & STORM MAPS IN MAP ROOM (RED)
[] GIS DATA BASE (JIM KELLY)
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5-� - 05
AMENDED AGREEMENT
BETWEEN OTTO MILL' ER AND CITY OF BURLINGAME
FOR THE MAIl�TTENANCE AND PRESERVATION OF
FOUR REDWOOD TREES AT 1537-1543 DRAKE AVENUE
BURLINGAME, CALIFORNIA
Otto Miller ("Owner") on behalf of himself, his heirs, successors, and assigns and
as owner of the real property at 1537-1543 Drake Avenue, Burlingame, California
("Property"), this _ day of July, 2009, and the City of Burlingame ("Cit}�') amend that
agreement between them dated November 7, 2003 and agree as follows:
1. Factual Backg,round:
In November of 2003, Owner deposited the sum of $118,780.00 with the City of
Burlingame ("Cit}�') as a guarantee the Owner's compliance with the City's
Conditions of Approval for construction of residences on lots 9, 10 and 11 of the
Property. Specifically, the City imposed Condition No. 35(C) regarding four
coastal redwood trees on the Property. Initial unpermitted grading activities had
caused root damage to one of the trees.
The condition approved by the Planning Commission, and the agreement which is
amended herein, were both intended to ensure the maintenance and preservation
of the four coastal redwood trees during the period of construction of the
residences and for a period of five years after completion of construction. The
Condition was modified in March of 2004, and again in July of 2007, at which
time it was re-labeled condition No. 33. Construction on lot 11 proceeded and was
completed. Construction of the residences on lots 9 and 10, however, did not
commence until the late summer, early fall of 2008.
In December of 2008, Owner applied to the City for return of his money deposit
citing that, for almost five years, the trees had been maintained and preserved.
The Owner's arborist indicated that the trees were healthy and the City's arborist
confirmed this report. The City arborist recommended return of the full money
deposit at the conclusion of construction of the residences on lots 9 and 10.
On January 26, 2009, the Planning Commission heard Owner's request for return
of his money deposit, additional evidence related to the request and directed staff
to meet with the applicant to negotiate a reasonable compromise that would
protect the City's interest and the trees while providing the return of a portion of
Owner's deposit. On February 9, 2009, the Commission approved the condition
modification and directed the City Attorney to finalize the documents.
2. Termination of Prior Agreement:
The parties intend this Agreement to be their whole and entire agreement
regarding the four redwood trees and to replace that prior Agreement between
13600.00001 �BG LIB 1 \ 1408423.1
them dated November 7, 2003. Accordingly, the prior agreement is terminated.
3. Term of Agreement:
The term of this Agreement shall commence upon the date of completion of
construction, issuance of Certificates of Occupancy and final inspections of the
residences on lots 9 and 10 and shall terminate five (5) years after that date.
4. Owner's Provision of Irrevocable Letter of Credit as Securitv
For the performance of his obligations a) under condition No. 33 of the
development entitlement for the properties located at 1537-1543 Drake Avenue
and b) under the terms of this Agreement for the maintenance and/or replacement
of the redwood trees, Owner shall cause the issuance of an irrevocable letter of
credit, drawn in favor of the City. The letter of credit shall meet all of the
following terms:
a. The letter of credit shall be an irrevocable letter of credit.
b. The irrevocable letter of credit shall be in the total amount of
$20,615.00, but comprising two portions: $5,615.00 for maintenance and
$15,000.00 for tree death.
c. The irrevocable letter of credit shall be drawn on a financial institution
with offices located in Burlingame or otherwise acceptable to City.
d. The iinancial institution issuing the irrevocable letter of credit shall be a
reputable and verifiably stable financial institution and shall be approved
by City.
e. The City may draw on the letter immediately and unconditionally by
presenting the issuer a draft accompanied by a written statement declaring
any one of the following:
1) that the amount of $ from the $5,615.00 portion of
the letter of credit is currently due and payable for the annual
maintenance of the redwood trees at 1537-1543 Drake Avenue
not perfortned during the prior year.
or
2) that the amount of $ from the $15,000.00 portion of
the irrevocable letter of credit is currently due and payable
because one of the four redwood trees has died as a
consequence of construction activities.
or
3) that the remaining balance of the tree maintenance portion of the
irrevocable letter of credit and the full $15,000.00 balance of the tree
removal, disposal and replacement portion of the irrevocable letter of
13600.00OO1�BGLIB 1 \1408423.1
.
credit is currently due and payable because the issuing financial
institution has elected not to renew the irrevocable letter of credit
before the end of five years from the date of execution of the
irrevocable letter of credit and Applicant has not provided a
replacement letter of credit satisfactory to City.
f. The irrevocable letter of credit shall be in the form attached and
incorporated herein as Exhibit A.
5. Owner's Obli atg ions:
a. Maintenance: Owner shall provide for the annual maintenance of the
redwood trees by a licensed tree firm/arborist, for a period of five (5) years
from the date of completion of construction, issuance of Certificates of
Occupancy and final inspections of the residences on lots 9 and 10. Owner
shall have arborist submit to City copies of his invoices for maintenance
work on trees. Annually, Owner shall have arborist submit to City a report
on the maintenance activities performed on the trees and an assessment of
the health of the trees. Owner will include $5,615.00 in the irrevocable
letter of credit for the expenses of this maintenance and reporting
obligation. Upon authorization by City, the amount of the letter of credit
reserved for maintenance purposes shall decline annually by an amount
equal to Owner's cost of providing the required maintenance
b. Tree Death: Owner shall be responsible for the removal, disposal and
replacement of each and all of the four trees during the five (5) year term
of this Agreement. In the event that one of the trees dies within five (5)
years from the date of completion of construction, issuance of Certificates
of Occupancy and final inspections of the residence on lots 9 and 10, and
that the cause of death is due to the Owner's construction related
activities, adverse conduct or activities, omissions in maintenance and
upkeep by Owner or Owner's agents employees, contractors or
subcontractors, City may immediately and unconditionally draw funds
from the $15,000.00 portion of the irrevocable letter of credit, to cover all
direct and indirect costs for the removal and disposal of the tree and for
the replacement of the tree; provided, that if the death of a redwood tree is
due to natural causes, acts of God, or acts of third parties (other than
Owner or his agents, employees, contractors or subcontractors), Owner
shall not be responsible for removal or replacement nor shall City.
Determination of the cause of death of any tree shall be made by the City
Arborist and that decision shall be final.
c. Replenishment: In the event that a tree dies and City draws an amount
from the $15,000.00 portion of the irrevocable letter of credit, Owner shall
13600.00001 �BGLIB 1 \1408423.1
within three (3) business days, replenish the irrevocable letter of credit by
depositing an amount sufficient to restore the full principal amount of this
portion of the letter of credit, to $15,000.00. In the event that another tree
dies during the five (5) year tertn, City may immediately and
unconditionally again draw funds from the $15,000.00 portion of the
irrevocable letter of credit to cover all direct and indirect costs for the
removal and disposal of the tree and for the replacement of the tree and
Owner shall again, within three (3) business days, replenish the
irrevocable letter of credit by depositing an amount sufficient to restore
the full principal amount of this portion of the irrevocable letter of credit,
to $15,000.00. Owner shall have the obligation to replenish the letter of
credit in this manner and under these circumstances, as often as necessary
to maintain this portion of the irrevocable letter of credit at $15,000.00 for
the full five (5) year term of this agreement.
d. Owner's obligations under this Agreement shall survive Owner's sale,
lease or other transfer of either or both of the properties to other persons.
At the time of such transfer, Owner shall inform purchaser, lessee or other
transferee of Owners obligations hereunder and shall provide a copy of
this Agreement. Owner shall retain for himself and City a right-of-entry to
property in order to continue to perform his obligations under this
Agreement. Owner shall grant City same right-of-entry to property in
order that City is able to perform its obligations under this Agreement.
e. In the event that the financial institution issuing the irrevocable letter of
credit elects during the five year term of this agreement, not to renew the
irrevocable letter of credit, City shall have the unconditional right to draw
upon the full balance of the irrevocable letter of credit and hold said funds
for the purposes stated in this agreement. However, Owner shall have the
right to provide City with a new, replacement irrevocable letter of credit, if
it contains the same terms and conditions of the ILOC not renewed, issued
by another local financial institution acceptable to the City. If Owner
provides City with a new, replacement ILOC containing the same terms
and conditions as the original, City shall then return funds drawn on the
original, non-renewed ILOC to Owner.
6. City's Obli atg ions:
a. Upon completion of construction of both residences on lots 9 and 10 and
after certificates of occupancy have been issued and/or after final
inspections have been completed, and upon Owner having caused the
issuance of an irrevocable letter of credit as described herein to
satisfaction of City, City shall return to Owner the cash deposit of
$118,780.00, without any interest (per section H of the original
agreement).
13600.00001 �BGLIB 1 \1408423.1
b. Upon submission to City by Owner of copy of paid invoice for
maintenance of trees, City shall draw from irrevocable letter of credit an
amount equal to the amount of said invoice and shall pay said funds to
Owner. If the $5,615.00 maintenance portion of the irrevocable letter of
credit is exhausted prior to the term of this agreement, Owner shall be
entirely responsible to continue to pay for the maintenance of the trees
under the terms of this Agreement.
c. City shall provide Owner with 10 days' written notice before drawing on
the letter of credit to allow Owner an opportunity to cure any defects in
performance or to provide information regarding the cause of death of a
tree.
7. Return of Balance of Funds:
If not terminated earlier pursuant to section Se above, at the end of five (5) year
term of this agreement, the irrevocable letter of credit or any replacement thereof,
shall permanently expire and the then-remaining balance of this irrevocable letter
of credit, if any, shall be refunded to the Owner.
8. Notices.
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given
by personal delivery, or deposited with the United States Postal Service, postage
prepaid, addressed to the parties intended to be notified. Notice shall be deemed
given as of the date of personal delivery, or if mailed, upon the date of deposit with
the United States Postal Service. Notice shall be given as follows:
To City Mr. William Meeker
Community Development Director
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
To Owner: Otto Miller
P. O. Box 121
Burlingame, CA 94011
9. Compliance With All Laws.
Owner shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations
under this Agreement. Owner shall perform all services under this Agreement in
13600.00001 �BGLIB 1 \1408423.1
accordance with these laws, ordinances, codes and regulations. Owner shall release,
defend, indemnify and hold harmless City, its officers, agents and employees from
any and all damages, liabilities, penalties, fines and all other consequences from any
noncompliance or violation of any laws, ordinances, codes or regulations.
10. Assignability.
The parties agree that they shall not assign or transfer any interest in this Agreement
nor the performance of any of their respective obligations hereunder, without the
prior written consent of the other party, and any attempt to so assign this Agreement
or any rights, duties or obligations arising hereunder shall be void and of no effect.
11. Entire A�reement -- Amendments
The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties
with respect to the subject matter of this Agreement. This written Agreement shall
supersede any and all prior agreements, oral or written, regarding the subj ect matter
between the Owner and the City. No other agreement, promise or sta.tement, written
or oral, relating to the subject matter of this Agreement, shall be valid or binding,
except by way of a written amendment to this Agreement. The terms and conditions
of this Agreement shall not be altered or modified except by a written amendment to
this Agreement signed by the Owner and the City.
12. Costs and Attorne. s Fees.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its
reasonable costs (including claims administration) and attorney's fees expended in
connection with such action.
13. Independent Contractor.
For the purposes, and for the duration, of this Agreement, Owner, its officers, agents
and employees shall act in the capacity of an Independent Contractor, and not as
employees of the City. Owner and City expressly intend and agree that the status of
Owner, its officers, agents and employees be that of an Independent Contractor and
not that of an employee of City.
14. Applicable Law.
The laws of the 5tate of California shall govern this Agreement.
13600.00001 �BGLIB 1 \ 1408423.1
�. � . �
CITY OF BURLINGAME
�? � � �
illiam Meeker,
Community Development Director
Date: ��%��1���
FORM:
Clark G�n, City A orney
Date: � �� ���
13600.00001 �BGLIB 1 \ 1408423.1
OWNER
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Otto Miller
Date: � � �
APPROVED AS TO FORM:
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Mai' U�C, ESCl.
Date: l ��� �
City of Burlingame
Amendmenf to Conditions ofApproval
Address: 1537 and 1543 Drake Avenue
Item No. 3
Action Item
Meeting Date: February 9, 2009
Request: Application for Amendment to Conditions of Approval regarding security deposit for existing Redwood
trees related to two, new single family dwellings under construction at 1537 and 1543 Drake Avenue
(formerly 1537 Drake Avenue, Lots 9 and 10).
Applicant and Property Owner: Otto Miller APN: 026-033-280 and 026-033-270
General Plan: Low Density Residential Lot Area: 6000 SF (each lot)
Environmental Review Status: Negative Declaration ND-523-P and Addendum Zoning: R-1
History of the Original Project: On May 27, 2003, the Planning Commission approved an application for
Mitigated Negative Declaration, Conditional Use Permit for re-emergence of three parcels previously merged by
a structure, Design Review of three new single family residences and a Special Permits fortwo attached garages
at 1537 Drake Avenue, Lots 9, 10 and 11, zoned R-1. A mitigation monitoring plan was included as a part of the
conditions of approval for the re-emergence and development of three lots. Of major concern on this site was a
grove of Redwood trees determined to be significant. The Negative Declaration prepared for this project was
based on the premise that the tree protection measures required in the environmental document and
implemented through the conditions of approval would be adhered to throughout the project from demolition of
the main structures on the site to five years of tree maintenance following occupancy of the site, thus reducing
the impacts of development on the significant groves of trees to a level acceptable to the community.
Demolition of all existing structures on the site was completed by the end of November, 2003. On November 25,
2003, the contractor began grading on Lot 9 at the location of the significant grove of Redwood trees, which was
based on a set of foundation plans which had not been reviewed or approved by the Building or Planning
Departments. At that time, a stop work order was issued by the City and the project was subsequently reviewed
by the Planning Commission to ensure that the root damage had been properly investigated and the foundation
type for the houses on lots 9 and 10, which could affect the redwood grove, had been developed and the
conditions of approval revised accordingly. On March 29, 2004, an application for 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 was reviewed and approved by the Planning Commission and subsequently approved by the City Council on
appeal.
Construction of the house on Lot 11 was completed in June of 2005. An Amendment to Mitigated Negative
Declaration, Design Review, Conditional Use Permit for emerging lots and Special Permits for building height,
declining height envelope and attached garage for Lots 9 and 10 was approved on July 9, 2007 (July 9, 2007
P.C. Minutes) and construction of the houses on Lots 9 and 10 (now 1537 and 1543 Drake Avenue) commenced
in October, 2008. The foundations have been completed on both houses and are currently at framing stage.
The protective tree fencing, mulching and irrigation have been adequately maintained from June, 2004 to
present, and the trees have been periodically checked by the City Arborist for their health. The property owner
has complied with all conditions of approval to date.
ApplicanYs Request: The single family dwelling projects at 1537 and 1543 Drake Avenue (formerly 1537 Drake
Avenue, Lots 9 and 10) were approved with their own set of conditions of approval, including depositing with the
City a security deposit in the amount of $118,780 (based on the appraisal of the value of the four Redwood
trees). The applicant is now requesting that the security deposit for the Redwood trees be returned to him in full
(note: please see updated discussion under "Action Meeting" later in this report). Although five years have
Amendment to Conditions of Approval 1537 and 1543 Drake Avenue
lapsed since any construction has occurred on the site, it has only been three months since construction
commenced. As noted below, the condition of approval requires that the security deposit be retained for a period
of five years after completion of construction to secure the City against one or more of the Redwood trees dying
due to problems attributable to construction. Specifically, the projects were approved with the following condition
(Condition #33):
"that the property owner shall deposit with the City $118,780 based on the appraisal of the
value of the four Redwood trees accepted by the City Arborist and City Aftorney on Lots 9
and 10, as security to the City against one or more of the Redwood trees dying as the result
of construction or within 5 years of fhe completion of construction due to problems
attributable to construction; these funds shall be available to the City Arborist to cover any
necessaryremoval costs, coveranyunperformed maintenance orothercorrective activities
regarding the grove of Redwood trees; nothing 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 trees; "
The applicant submitted two letters of explanation, dated January 14, 2009 and December 19, 2008, which
discuss in detail the basis for his request. In addition, the project arborist, Richard L. Huntington of Mayne Tree
Expert Company, Inc., submitted a report dated December 17, 2008, in which he discusses the health of the
Redwood trees at present time. He notes that as a result of the long delay in beginning construction, "the trees
got almost five full years of remediation without any additional stress" and that "the trees have recovered
beautifully and show no continued effects from the original incident." As required, his firm observed the
installation of the foundations for both houses to ensure protection of the trees and notes there were no incidents
during the installation of the foundations. He states that "the trees are unlikely to be affected by the remaining
construction of the houses, now that the foundations have been installed", believes "that the purpose of the
remediation program has been more than satisfied" and therefore concludes that it would be appropriate to
return the security deposit to the applicant.
Staff Comments: City Arborist Steve Porter reviewed the applicant's letters and analysis from Mayne Tree
Expert Company, Inc. In response, he provided a memo, dated January 20, 2009 (attached) in which he notes
that he is in agreement with the findings in Mayne Tree's report and that "there has been no further damage to
the trees to date, and that so far the construction has followed the tree protection recommendations and the
conditions of approval." With regard to the applicant's request, the CityArborist notes that would be in support of
releasing the security deposit only after completion of the projects. Please refer to the City ArborisYs January 20,
2009 memo (attached) for the complete response to the applicant's request (note: see updated discussion
under "Action Meeting" portion of this report).
Planning staff would note that Condition #32 requiring a 5-year post construction maintenance program for the
Redwood trees will remain as part of the project.
Janet Garcia, property owner at 1557 Drake Avenue, submitted an email dated February 2, 2009, expressing her
concerns with this application (attached).
This space intentionally left blank.
-2-
Amendment to Conditions of Approval 1537 and 1543 Drake Avenue
Action Meeting: At the Planning Commission action meeting on January 26, 2009, the Commission had several
comments and questions regarding this application. The Commission continued the item to February 9, 2009
with direction to staff to work with the City Attorney and applicant to arrive at a recommendation regarding the
amount of the release of a portion of the security deposit, when the portion is to be released and how long the
remaining portion of the deposit should be retained (January 26, 2009 Planning Commission Minutes attached).
Listed below are the Commissions' comments and responses by the applicant and staff (additional comments
listed on page 5).
■ Some sympathy for fhe applicant; the grading wasn't done by the applicanf; he has suffered
delays and heavy costs; consider reducing by one-half.
■ The bond was posfed due fo damage done during the grading; wou/d like to have more
information on the genesis of fhe condition.
■ Would be beneficial for Commission to receive input from CityAtforney; empower the Community
Developmenf Direcfor and CityAttorney to reach a reasonab/e compromise to be presented to the
Commission; considerhaving a conversation with formerCommissionerOsterling who provided
input regarding fhe need for fhe condifion.
■ The trees are in good health; buf fhe deposit was required to ensure the confinued health of the
tree; fhe City will /ose leverage if the deposif is re/eased now.
■ Today's economy is difficult; fhis is a significant matter for the applicant.
■ Possibly return one-half now; buf retain the remainder for a period beyond completion of
consfruction.
■ Language in fhe condition was directly related to fhe grading activity.
■ Noted the condition requiring covenant notifying fufure owners of the importance of the trees.
■ The health of the frees was a paramount issue; it appears that fhis was a punitive measure
imposed upon fhe applicant; it appears that, based upon the arborist reporfs thaf fhe frees are
flourishing and doing well; iend fo agree wifh returning some portion of the deposit at project
complefion, with retention to some point beyond completion.
■ The condifion was not meant to be punitive; but was a represenfafion of the imporfance of fhe
frees fo the communify.
■ Requesfed fhat the Cify Arborisf be present at nexf discussion.
■ The conditions are punifive to fhe applicant; probabilify of any of the trees dying is pretty slighf.
■ Requesfed fhat sfaff confer wifh former Commissioner Osterling regarding this maffer.
In response to the Planning Commission's direction on January26, 2009, the Community Development Director,
City Attorney, and project Planner met with the applicant (Otto Miller) and his legal counsel (Mark Hudak) to
discuss crafting a revised condition of approval that balances the interests of both parties (i.e. the City and the
applicant). Additionally, staff has had a conversation with former Planning Commissioner Ralph Osterling
regarding the genesis of "Condition 33" of both project approvals.
Former Commissioner Osterling advised staff that the condition was crafted in response to the root damage that
occurred to the Redwood Grove during the illegal grading activity in November, 2003; however, the intent of the
condition was not only to provide an assurance that the grove recovered from the root damage inflicted during
grading, but also to ensure that the grove remained viable following completion of all construction related to the
project(s). Presumably, the construction activity would have continued following the grading; however, as is now
known, it has been roughly 5-years since the initial illegal grading activity, and less than a year since the
construction of the two homes on the properties commenced in earnest. It is notable that tree protection
measures that were implemented consistent with the 2003 and 2007 approvals appear to have been effective in
mitigating impacts upon the trees during the construction process; the applicanYs arborist report indicates that
the grove of trees remains healthy and the City's arborist has confirmed that assessment.
-3-
Amendment to Conditions of Approval 1537 and 1543 Drake Avenue
Based upon the Commission's January 26th discussion, staff approached the applicant with the understanding
that the Commission may be open to releasing a portion of the $118,780 cash deposit upon project completion,
but also that the remainder should be retained for "the better portion" of 5-years following the conclusion of
construction. In its discussions with the applicant, staff suggested that a reasonable solution may be to: 1)
release a portion of the deposit upon project completion; 2) retain an agreed upon amount to cover the cost of
ongoing maintenance of the trees, and periodic reports on the condition of the trees for a specified period of
time; the costs for this service could be drawn from the deposit by the applicant as the agreed upon services
occur; and 3) retain an additional amount of funding to cover the cost of tree replacement in the event that a
failure occurs. In its meeting with Mr. Miller and Mr. Hudak, the City Attorney suggested that an "irrevocable
letter of crediY' could supplant the cash deposit to be held by the City after completion of construction. The
applicant would be able to accrue interest on the funding sources securing the letter of credit that would replace
the cash deposit.
Attached is a February 4, 2009 transmittal from Mark Hudak that outlines a proposal that, in staff's opinion,
generally meets the interests of the involved parties. The proposal is summarized as follows:
A letter of credit will be established in the amount of $5,615, the full cost of 5-years of the agreed upon
maintenance program (as outlined in the February 3, 2009 letterfrom Mayne Tree Expert Company, Inc.,
accompanying Mr. Hudak's letter). The amount of the letter of credit would decrease each year in the
amount of the annual invoice from the arborist performing the ongoing maintenance for the applicant. If
a letter of credit cannot be established for the desired purpose, the applicant agrees to leave the $5,615
on deposit with the City in an interest-bearing account; the amount would decrease annually, based upon
the invoice received from the arborist performing the ongoing maintenance of the trees.
2. An additional $15,000 will be added to the letter of credit for a 3-year period to cover the cost of tree
replacement in the event that a tree dies as a result of improper construction practices, orfailure to carry
out the maintenance program. If a letter of credit cannot be established, the applicant would place the
funds on deposit with the City in an interest-bearing account at a rate not to exceed the current LAIF
("Local Agency Investment Fund") rate.
3. The balance of the cash deposit currently being held by the City will be released upon certification by the
City Arborist that: 1) the construction-related mitigation measures in the conditions of approval have
been completed; 2) certificates of occupancy (or final inspections) have been issued for the homes at
1537 and 1543 Drake Avenue; and 3) issuance of the letter of credit as described in items 1) and 2)
above.
As noted, it is staff's opinion that the proposal outlined by Mr. Hudak meets the interest of the City; providing an
assurance of continued maintenance of the grove of trees for 5-years following completion of construction, and
providing a mechanism for funding tree replacement in the unlikely event of a failure of one of the trees. The
City's Arborist has reviewed the maintenance proposal provided by Mayne Tree Expert Company and concurs
with the value placed on the ongoing 5-year maintenance program. The additional $15,000 of funding is
sufficient to cover tree replacement, if needed; though staff suggests that the $15,000 be secured for a term of 5-
years, consistent with the term of the ongoing maintenance agreement.
This space intentionally left blank.
�s
Amendment to Conditions of Approval
1537 and 1543 Drake Avenue
Staff recommends that the Planning Commission consider the following revised "Condition 33":
33. a. The property owner shall provide evidence of an "irrevocable letter of crediY' in a form acceptable
to the City Attorney, that: 1) provides for funding in the amount of $5,615 to cover the cost of 5-years
of ongoing maintenance of the Redwood grove present at 1537 and 1543 Drake Avenue, as outlined
in Mayne Tree Expert Company's February 3, 2009 proposal addressed to Community Development
Director William Meeker; payment for the annual cost of the required maintenance may be from the
letter of credit by the property owner upon notice to and approval by City; the letter of credit will be
reduced by the amount of the annual invoice provided by Mayne Tree Expert Company for the
performance of said services, upon submission of a copy of the invoice to the City of Burlingame
Community Development Department; and 2) provides for an additional $15,000 to be held for a 5-
year period beyond the completion of project construction (i.e. certificate of occupancy/final
inspection) to cover the cost of tree replacement if a failure occurs.
b. The $118,780 cash deposit currently held by the City of Burlingame shall be released to the
property owner upon certification by the City Arborist that the construction-related mitigation measures
in the conditions of approval have been completed; confirmation that certificates of occupancy/final
inspections have been granted for the homes constructed at 1537 and 1543 Drake Avenue; and
submission of proof of an irrevocable letter of credit, in favor of the City, as outlined in items 1) and 2)
above. In the event an irrevocable letter of credit cannot be obtained by the property owner; the
amount of the cash deposit released by the City shall be decreased by the amounts stated; the
remaining funds on deposit shall be placed in an interest-bearing account at a rate not to exceed the
current LAIF ("Local Agency Investment Fund") rate.
■ lnclude a summary of when the dates of fhe revised condifions were imposed; when are future
inspections yef to occur; what is fhe extent of work to be done to install the driveway.
This project was originally approved by the Planning Commission on May 27, 2003 with 38 conditions of
approval. W ith respect to security deposit for the Redwood trees, the following condition of approval was
included as a part of the condition of approval regarding tree maintenance:
"Prior to a demolition permit being issued for the project, the developer shall submit an
appraisal for each of the six (6) Redwood trees on the site 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 anv demolition or buildinq permit for
the proiect, the developer shall then submit securitv to the Citv in a form approved bv the
City Attornev equal to the qenalty amount should one or more of the Redwood trees die
durinq demolition or construction or the 5-vear period after completion of construction that
is attributed to construction on the site bv the City Arborist, to cover anv necessary
removal costs, and to cover anv unperformed maintenance or other corrective activities
reqardinq the trees;"
On October 8, 2003, an appraisal of the Redwood trees was completed by Walter Levison Consulting
Arborist, which appraised value of the four trees combined at $118,780.00. On November 7, 2003, the
property owner signed a"Letter Establishing Deposit with City of Burlingame for Maintenance and
Preservation of Trees Re: Lots 9, 10 and 11 at 1537 Drake Avenue, Burlingame, California" (attached)
and submitted a deposit in the amount of $118,780, which notes that no interest shall accrue on the
amount deposited (Paragraph H).
On November 25, 2003, the contractor began grading on Lot 9 at the location of the significant grove of
Redwood trees without a building permit. The project was brought back to the Planning Commission on
-5-
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Amendment to Conditions of Approval
1537 and 1543 Drake Avenue
reviewed and approved the proposed Utility Plan. In a memo dated October 19, 2006, Mayne Tree
Expert Company reviewed the proposed trenching locations for the utility lines and concluded that there
will be little or no impact to the Redwood trees.
The applicant also submitted an Irrigation Plan (see sheet L1.1). Trenching for the irrigation lines would
be located away from the Redwood tree grove. The proposed irrigation system consists of %2-inch
dripline tubing at grade. The City Arborist reviewed and approved the proposed Irrigation Plan.
The driveways for both houses will be constructed using interlocking pavers set in sand. Because the
driveway at 1537 Drake Avenue is closerto the Redwood grove, itwill be constructed using a compacted
sub base and mirafi geotextile between the existing grade and sub base. The mirafi geotextile offers
uniformity of load distribution, improves weight-bearing capacity and provides tensile reinforcement to
weak or soft sub grades. In a letter dated October 19, 2006, Mayne Tree Expert Company, Inc.,
investigated the location of the proposed driveway and walkway and concluded that a 7-inch cut needed
to install the materials could be done without encountering large roots. He further notes that a little
deeper could be done near the existing sidewalk where the driveway is to start. This would allow for a
gradual rise up to the garage.
Design Review Criteria: The criteria for design review as established in Ordinance No. 1591 adopted by the
Council on April 20, 1998 are outlined as follows:
Compatibility of the architectural style with that of the existing character of the neighborhood;
2. Respect for the parking and garage patterns in the neighborhood;
3. Architectural style and mass and bulk of structure;
4. Interface of the proposed structure with the structures on adjacent properties; and
5. Landscaping and its proportion to mass and bulk of structural components.
Planning Commission Action: The Planning Commission should conduct a public hearing on the application,
and consider public testimony and the analysis contained within the staff report. Action should include specific
findings supporting the Planning Commission's decision, and should be affirmed by resolution of the Planning
Commission. The reasons for any action should be stated clearlyforthe record. The Planning Commission may
consider the following alternatives:
deny the applicant's request to release the $118,780 security deposit for the Redwood trees and make no
changes to the existing condition; or
2. accept the applicant's request to release the $118,780 security deposit for the Redwood trees upon
approval of the application for Amendment to Conditions of Approval; or
3. accept the City Arborist's recommendation to release the $118,780 security deposit forthe Redwood trees
only upon completion of the construction of the single family dwellings at 1537 and 1543 Drake Avenue or
at another time specified by the Planning Commission; approve application for Amendment to Conditions
of Approval with amended condition; or
4. accept the recommendation of the Community Development Director regarding a revised "Condition 33" as
outlined in detail under in the "Action Meeting" section of this staff report.
-7-
Amendment to Conditions ofApproval
1537 and 1543 Drake Avenue
Below are the proposed conditions of approval for 1537 and 1543 Drake Avenue (separate resolutions have
been prepared for each site). Condition #33 related to the security deposit has been revised (strikethrough and
italics) to reflect the recommendation by the Community Development Director. At the public hearing the
following conditions should be considered for 1537 Drake Avenue followed by conditions to be considered for
1543 Drake Avenue:
Conditions of Approval for 1537 Drake Avenue:
that the project shall be built as shown on the plans submitted to the Planning Department date
stamped March 13, 2007, sheets A.1, A.4 through A.6, U.1, L1.1, S.1 and D.1 through D.4, and date
stamped June 7, 2007, sheets A.2, A.3, A.4A, A.4B, A.5A, A.5B and L1.0; 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 to the tree protection plan or tree trimming shall require review
by the Planning Commission and an amendment to this permit;
2. that any changes to the size or envelope of the 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;
3. that prior to scheduling the framing inspection the project architect or residential designer, or another
architect or residential design professional, shall provide an architectural certification that the
architectural details shown in the approved design which should be evident atframing, such as window
locations and bays, are built as shown on the approved plans; architectural certification documenting
framing compliance with approved design shall be submitted to the Building Division before the final
framing inspection shall be scheduled;
4. that prior to final inspection, Planning Division 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 Engineer's April 8, May 31, June 4, August 15 , August 30, and October
15, 2002, June 27, 2005, and June 18, 2007 memos, the Fire Marshal's September 3, 2002, June 23,
2005 and June 18, 2007 memos, the Ctiief Building Official's August 5, 2002, June 27, 2005 and June
15, 2007 memos, the Recycling Specialist's August 27, 2002, and June 27, 2005 memos, the NPDES
Coordinator's June 27, 2005 memo, and the City ArborisYs September 3, 2002, and April 3 and May
21, 2003, and April 13, 2007 memos shall be met;
7. that any grading or earth moving on the site shall be required to have a City grading permit, be
overseen by the project 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;
�
Amendment to Conditions of Approval 1537 and 1543 Drake Avenue
8. that there shall be no heavy equipment operation or hauling permitted on weekends or holidays during
the development of Lot 9; use of all hand tools shall comply with the requirements of the City's noise
ordinance;
9. that 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 occurwithin the redwood tree grove
protective fencing on Lot 9;
10. that construction of the house and attached garage on Lot 9 shall be completed through Lot 10 at rear
of Lot 9;
11. that heavy construction materials and equipment shall not be delivered to the site or stored at the front
of Lot 9 in the designated driveway area;
12. that at no time shall any equipment exceeding 18,000 LBS be allowed to be within 30 feet of the
currently fenced off Redwood Tree Grove protection zone;
13. that prior to the placement or use of any motorized equipment within 30 feet of the currently fenced
Redwood Tree Grove protection zone, a protective layer of mulch one foot deep with 3/4 inch plywood
on top, shall be installed and inspected by the project arborist to avoid further soil compaction of the
area; post construction the protective plywood and mulch may be removed as approved by the project
arborist;
14. 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;
15. 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;
16. that all new utility connections to serve the site, and which are affected by the development, shall be
installed along the left side property line between the driveway and property line to meet current code
standards; 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 the project arborist and
inspection by the City Arborist;
17. that the new sewer connection to the sewer main in the street shall be installed along the left side
property line to City standards as required by the development;
18. 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;
19. 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;
20. 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;
�
Amendment to Conditions of Approval
1537 and 1543 Drake Avenue
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 or necessary changes to the tree protection program or to address new issues which
may arise during construction;
24. that should any cultural resources be discovered during construction, work shall be halted until they are
fully investigated by a professional accepted as qualified by the Community Development Director and
the recommendations of the expert have been executed to the satisfaction of the City;
25. that no installation work on the driveway or landscaping on the site shall occur until the timing, design,
method of construction and materials have been approved by the City Arborist, and the project 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 for compliance with the approved
materials and method of installation; it shall be the responsibility of the properly owner to notify the City
Arborist when construction of the driveway on Lot 9 is to begin;
26. 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; and that the root protection fencing shall not be removed until construction is complete on Lots
9 and 10, except if the portion of the protective fence on Lot 9 in the area of the driveway may be
removed to install the driveway with the approval of the City Arborist; the removal of a section of the
fence should not disturb the maintenance irrigation system installed within the tree protective fencing;
27. that special inspections by the City Arborist, to be funded by the property owner, shall include being 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 and
during digging for removal or installation of any utilities; and that the special inspections by the City
Arborist shall occur once a week or more frequently as required by the conditions of approval and shall
include written documentation by the project arborist that all tree protection measures are in place and
requirements of the conditions of approval are being met; and that the CityArborist shall also stop work
for any violation of the conditions related to the protection, conservation and maintenance of trees on
the site;
28. that under the observation of the City 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; and that if any roots greater than 2 inches in diameter are encountered during the
digging for the pier holes, the project 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; and that if at any time during the installation of the pier
and grade beam foundations roots greater than 2 inches in diameter must be cut, the situation must be
documented by the project arborist and approved by the City Arborist prior to the time the roots are cut;
29. 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, the report shall be approved
prior to the issuance of a building permit for construction on the site; and if at any time during the
-10-
Amendment to Conditions of Approval
1537 and 1543 Drake Avenue
construction the pier locations must be altered to accommodate a Redwood tree root, the structural
changes must be approved by the Building Department prior to the time any such root is cut or
damaged;
30. that the property owner shall submit a complete landscape plan for approval by the City Arborist prior to
a Building permit being issued to address the landscaping and fence installation on the site, including
plantings, irrigation, electricity, fences, retaining walls and soil deposits on the site; installation of all
landscape features shall be overseen by the project arborist and regularly inspected by the City
Arborist, including fence post holes; and work shall be stopped and plans revised if any roots of 2
inches in diameter or greater are found in post holes or any new landscape materials added endanger
the redwood trees;
31. that no fencing of any kind shall be allowed for the first 65'-0" along the side property line befinreen Lots
9 and 10;
32. that for tree maintenance the property owner shall be responsible for maintenance of the protected
Redwood grove during demolition and construction work on the project and for a 5-year post
construction maintenance program for the Redwood trees and their root structure; 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; and that the property owner of
record 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 (issuance of an occupancy
permit) on the project and every two years thereafter for a period of 5 years;
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._
.
._
- _ - ��,_—=�_.. _- _ --
33. a. The property ownershall provide evidence of an "irrevocable letterof credit"in a form acceptable
to the City Attorney, that: 1) provides for funding in the amount of $5, 615 to cover the cost of 5-years
of ongoing maintenance of the Redwood grove present at 1537 and 1543 Drake Avenue, as outlined in
Mayne Tree Expert Company's February 3, 2009 proposal addressed to Community Development
Director William Meeker, payment for the annual cost of the required maintenance may be from the
letter of credit by the property owner upon notice to and approval by City; the letter of credit will be
reduced by the amount of the annual invoice provided by Mayne Tree Expert Company for the
performance of said services, upon submission of a copy of the invoice to fhe City of Burlingame
Community Development Department; and 2) provides foran additional $15,000 to be held fora 5-year
period beyond the completion of project construction (i.e. certificate of occupancy/final inspection) to
cover the cost of tree replacement if a failure occurs.
b. The $118,780 cash deposit currently held by the City of Burlingame shall be released to the
property owner upon certification by fhe CityArborist that the construction-related mitigation measures
in the conditions of approval have been completed; confirmation that certificates of occupancy/final
inspections have been granfed for the homes constructed at 9537 and 1543 Drake Avenue; and
submission of proof of an irrevocable lefter of credit, in favor of the City, as outlined in items 1) and 2)
-11-
Amendment to Conditions of Approval
1537 and 1543 Drake Avenue
above. In the event an irrevocable letter of credit cannot be obfained by the property owner, the
amount of the cash deposit released by the City shall be decreased by the amounts stated; the
remaining funds on deposit shall be placed in an interest-bearing account at a rate not to exceed the
current LAIF ("Local Agency Investment Fund'� rate.
34. that for purposes of these conditions the project arborist is a certified arborist hire by the property
owner/developer; a certified arborist means a person certified by the International Society of
Arboriculture as an arborist;
35. that before issuance of any demolition or building 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;
36. that the project shall meet all the requirements of the California Building and Fire Codes, 2001 Edition,
as amended by the City of Burlingame;
37. that before any grading or construction occurs on the site, these conditions and a set of approved plans
shall be posted on a weather-proofed story board at the front of the site to the satisfaction of the
Building Department so that they are readily visible and available to all persons working or visiting the
site;
38. that if work is done in violation of any requirement in these conditions prior to obtaining the required
approval of the City Arborist, and/or the Building Division, work on the site shall be immediately
halted, and the project shall be placed on a Planning Commission agenda to determine what
corrective steps should be taken regarding the violation;
39. that 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;
40. 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 otherfield 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;
-12-
Amendment to Conditions of Approval
1537 and 1543 Drake Avenue
41. that the property owner shall maintain throughout construction 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;
42. that prior to issuance of a building permit for construction on Lot 9, the property owner shall ensure
maintenance of the supplemental irrigation system of approximately 250 feet of soaker hoses attached
to an active hose bib, 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;
43. that prior to issuance of a building permit for construction on Lot 9, the property owner shall ensure
maintenance of 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;
44. that the Redwood Tree Grove Protective Fencing on Lot 9 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;
45. that before issuance of a building permit, the property owner shall deposit $7,500 with the Planning
Department to fund, on an hourly basis, the City Arborist inspections as required by the conditions of
approval 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 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;
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
-13-
Amendment to Conditions of Approval
1537 and 1543 Drake Avenue
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 a licensed arborist inspector on lot 9 selected by the City
Arborist and approved by the Community Development Director.
46. that prior to the final inspection, the applicant shall work with the property owner adjacent to Lot 9 to
determine the type of fence and/or landscaping to replace the existing brick pillars separated by grape
stake fencing.
Conditions of Approval for 1543 Drake Avenue:
that the project shall be built as shown on the plans submitted to the Planning Department date
stamped March 13, 2007, sheets A.1, A.4, A.5, U.1, L1.1, S.1 and D.1 through D.4, and date stamped
June 7, 2007, sheets A.2, A.3, A.4A, A.46, A.5A, A.5B, A.6 and L1.0;
2. that any changes to the size or envelope of the 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;
3. that prior to scheduling the framing inspection the project architect or residential designer, or another
architect or residential design professional, shall provide an architectural certification that the
architectural details shown in the approved design which should be evident at framing, such as window
locations and bays, are built as shown on the approved plans; architectural certification documenting
framing compliance with approved design shall be submitted to the Building Division before the final
framing inspection shall be scheduled;
4. that prior to final inspection, Planning Division 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 CityArborist shall verifythat 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, June 27,
2005, and June 18, 2007, memos, the Fire Marshal's September 3, 2002, June 22, 2005, and June 18,
2007 memos, the Chief Building Official's August 5, 2002, June 27, 2005, and June 15, 2007 memos,
the Recycling Specialist's August 27, 2002, and June 27, 2005 memos, the NPDES Coordinator's June
27, 2005, memo, and the City Arborist's September 3, 2002, and April 3 and May 21, 2003, and April
13, 2007 memos shall be met;
-14-
Amendment to Conditions of Approval 1537 and 1543 Drake Avenue
7. that any grading or earth moving on the site shall be required to have a City grading permit, be
overseen by the project 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 10; use of all hand tools shall comply with the requirements of the City's noise
ordinance;
9. that 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 occurwithin the redwood tree grove
protective fencing on Lot 10;
10. that construction materials shall not be staged on Lot 9; all heavy equipment and materials shall be
staged along the right side of the property on Lot 10;
11. that at no time shall any equipment exceeding 18,000 LBS be allowed to be within 30 feet of the
currently fenced off Redwood Tree Grove protection zone;
12. that prior to the placement or use of any motorized equipment within 30 feet of the currently fenced
Redwood Tree Grove protection zone, a protective layer of mulch one foot deep with 3/4 inch plywood
on top, shall be installed and inspected by the project arborist to avoid further soil compaction of the
area; post construction the protective plywood and mulch may be removed as approved by the project
arborist;
13. 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;
14. 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;
15. that all new utility connections to serve the site, and which are affected by the development, shall be
installed along the right side property line 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 the project arborist and inspection by the City Arborist;
16. that the new sewer connection to the public sewer main shall be installed along the right side property
line to City standards as required by the development;
17. 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;
18. 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;
19. 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;
-15-
Amendment to Conditions of Approval 1537 and 1543 Drake Avenue
20. that all runoff created during construction and future discharge from the site will be required to meet
National Pollution Discharge Elimination System (NPDES) standards;
21. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance;
22. that the project property owner shall obtain Planning Commission approval for any revisions to the
proposed house and/or accessory structure or necessary changes to the tree protection program or to
address new issues which may arise during construction;
23. that 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 Community Development Director and
the recommendations of the expert have been executed to the satisfaction of the City;
24. that 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 the project arborist and regularly
inspected by the City Arborist;
25. 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; that the root protection fencing shall not be removed until construction is complete on Lots 9
and 10, except if the portion of the protective fence on Lot 9 in the area of the driveway may be
removed to install the driveway with the approval of the City Arborist; the removal of a section of the
fence should not disturb the maintenance irrigation system installed within the tree protective fencing;
26. that the 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 the project arborist and approved by the City
Arborist; that if any roots greater than � 2 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
project arborist and approved by the City Arborist prior to cutting any roots; and that if at any time the
project 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;
27. that special inspections by the City Arborist, to be funded by the property owner, shall include being 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, and
during digging for removal or installation of any utilities; that the special inspections by the City Arborist
shall occur once a week or more frequently as required by the conditions of approval and shall include
written documentation by the project arborist that all tree protection measures are in place and
requirements of the conditions of approval are being met; that no materials or equipment shall be
stockpiled or stored in any area not previously approved by the City Arborist; and that 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;
28. that under the observation of the City 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; that if any roots greater than 2 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; and that if at any time during the
installation of the pier and grade beam foundations roots greaterthan 2 inches in diameter must be cut,
-16-
Amendment to Conditions of Approval
1537 and 1543 Drake Avenue
cut, the situation must be documented by the project arborist and approved by the City Arborist prior to
the time the roots are cut;
29. 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; and that if at any time during the
construction the pier locations must be altered to accommodate a Redwood tree root, the structural
changes must be approved by the Building Department prior to the time any such root is cut or
damaged;
30. that the property owner shall submit a complete landscape plan for approval by the City Arborist prior to
a Building permit being issued to address the landscaping and fence installation on the site, including
plantings, irrigation, electricity, fences, retaining walls and soil deposits on the site; installation of all
landscape features shall be overseen by the property owner's arborist and regularly inspected by the
City Arborist, including fence post holes; and work shall be stopped and plans revised if any roots of 2
inches in diameter or greater are found in post holes or any new landscape materials added endanger
the redwood trees;
31. that no fencing of any kind shall be allowed for the first 65'-0" along the side property line between Lots
9 and 10;
32. that for tree maintenance the property owner shall be responsible for maintenance of the protected
Redwood grove during demolition and construction work on the project and for a 5-year post
construction 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; and that the property
owner of record 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
(issuance of an occupancy permit) on the project and every two years thereafterfor a period of 5 years;
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._
.
._
33. a. The propertyownershall provide evidence ofan "irrevocable letterofcredit"in a form acceptable
to the City Attorney, that: 1) provides for funding in the amount of $5, 615 to cover the cost of 5-years
of ongoing maintenance of the Redwood grove present at 1537 and 1543 Drake Avenue, as outlined in
Mayne Tree Expert Company's February 3, 2009 proposal addressed to Community Development
Director William Meeker, payment for the annual cost of the required maintenance may be from the
/etfer of credit by the property owner upon notice to and approval by Cify; the letter of credit will be
reduced by the amount of the annual invoice provided by Mayne Tree Expert Company for the
performance of said services, upon submission of a copy of the invoice to the City of Burlingame
Community Development Department; and 2) provides foran additional $15,000 to be held fora 5-year
-17-
Amendment to Conditions of Approval
1537 and 1543 Drake Avenue
period beyond the completion of project construction (i.e. certificate of occupancy/final inspection) to
cover the cost of tree replacement if a failure occurs.
b. The $118,780 cash deposit currently held by the City of Burlingame shall be re/eased to the
property owner upon certification by the City Arborist that the construction-related mitigafion measures
in the conditions of approval have been completed; confirmation that certificates of occupancy/final
inspections have been granted for the homes constructed at 1537 and 1543 Drake Avenue; and
submission of proof of an irrevocable letter of credit, in favor of the City, as outlined in items 1) and 2)
above. In the event an irrevocable letter of credit cannot be obtained by the property owner; the
amount of the cash deposit released by the City shall be decreased by the amounts stated; the
remaining funds on deposit shall be placed in an interest-bearing account at a rate not to exceed the
current LAIF ("Local Agency Investment Fund') rate.
34. that for purposes of these conditions the project arborist is a certified arborist hire by the property
owner/developer; a certified arborist means a person certified by the International Society of
Arboriculture as an arborist;
35. that before issuance of any demolition or building 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;
36. that the project shall meet all the requirements of the California Building and 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;
37. that before any grading or construction occurs on the site, these conditions and a set of approved plans
shall be posted on a weather-proofed story board at the front of the site to the satisfaction of the
Building Department so that they are readily visible and available to all persons working or visiting the
site;
38. that if work is done in violation of any requirement in these conditions prior to obtaining the required
approval of the City Arborist, and/or the Building Division, work on the site shall be immediately
halted, and the project shall be placed on a Planning Commission agenda to determine what
corrective steps should be taken regarding the violation;
39. that the Redwood Tree Grove Protective Fencing shall be maintained during construction on Lot 10,
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
-18-
Amendment to Conditions ofApproval
protective fencing;
1537 and 1543 Drake Avenue
40. 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 otherfield 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;
41. that the property owner shall maintain throughout construction 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;
42. that prior to issuance of a building permit for construction on Lot 10, the property owner shall ensure
maintenance of the supplemental irrigation system of approximately 250 feet of soaker hoses attached
to an active hose bib, 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;
43. that prior to issuance of a building permit for construction on Lot 10, the property owner shall ensure
maintenance of 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;
44. that the Redwood Tree Grove Protective Fencing on Lot 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; and
45. that before issuance of a building permit, the property owner shall deposit $7,500 with the Planning
Department to fund, on an hourly basis, the City Arborist inspections as required in the conditions of
approval of 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 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 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
-19-
Amendment to Conditions of Approval
1537 and 1543 Drake Avenue
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
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 finro 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 ArborisYs selected licensed arborist inspector on
lot 10 selected by the City Arborist and approved by the Community Development Director.
William Meeker, Community Development Director
Ruben Hurin, Senior Planner
c. Otto Miller, applicant and property owner
Mark Hudak, applicanYs legal counsel
Attachments:
Letter from Mark Hudak to William Meeker, dated February 4, 2009
Appraisal of Four Coast Redwood Trees, Walter Levison Consulting Arborist, dated October 8, 2003
Letter Establishing Deposit with City of Burlingame for Maintenance and Preservation of Trees Re: Lots 9,
10 and 11at 1537 Drake Avenue, Burlingame, California, Dated November 7, 2003
Email from Janet Garcia, 1557 Drake Avenue, dated February 2, 2009
January 26, 2009 Planning Commission Minutes
July 9, 2007 Planning Commission Minutes
Application to the Planning Commission
Memo from Steve Porter, City Arborist, dated January 20, 2009
Letters from Otto Miller, dated January 14, 2009 and December 19, 2008
Letter from Richard L. Huntington, Mayne Tree Expert Company, Inc., dated December 17, 2008
Planning Commission Resolutions for 1537 and 1543 Drake Avenue (Proposed)
Notice of Public Hearing — Mailed January 16, 2009
-20-
CARR McCLELLAN
INGERSOLL THOMPSON & HORN
Professional Law Corporation
Mark D. Hudak
mhudak@carr-mcclellan.com
,...� �.•- e , � ,.T ,.
'����� �� �,��.
February 4, 2009
BY HAND
William Meeker
Community Development Director
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
Re: Tree Maintenance on Drake Avenue
Dear Bill:
r= � i� � �� 2009
(;!T;' OF EURL11VGr'',iV1F_
�;_�,.ni�vi��e ��PT.
Thanks for meeting with Otto and me on Monday. Based on our discussion and the comments of
the Planning Commission, it seems fair to replace the cash deposit with a letter of credit, and to
adjust the amount at stake to reflect the current situation.
Following our meeting, we asked Richard Huntington to provide a quote for the annual
maintenance program for the redwood trees on Drake Avenue. Richard's letter is enclosed.
Although we discussed a three-year commitment yesterday, Otto is willing to fund a five-year
program along these lines. I think the list of services is comprehensive. If the program is fully
implemented, the trees will have received 10 consecutive years of maintenance, which is more
than most trees in Burlingame receive over their entire life span.
With respect to the deposit, you know that Otto would prefer to have the entire $118,000
released now. However, he understands that the City needs to have some financial controls in
place to ensure that the maintenance program is carried out and that the trees remain healthy. To
that end, we think the following would be reasonable:
• A letter of credit will be established in the amount of $5,615, the full cost of five years
of the maintenance program (including two roof clearances). The amount of the letter of credit
would decrease each year in the amount of the annual invoice from Mayne Tree Service.
P 650.342.9600
216 Park Road • Burlingame • California 94010 F 650.342.7685
www.carr-mcclellan.com
William Meeker
February 4, 2009
Page 2
• If a letter of credit cannot be established for this purpose, Otto will leave this amount
on deposit with the City, to be decreased annually, and the amount would be deposited in the
LAIF account or equivalent with interest credited to Otto.
• An additional $15,000 will be added to the letter of credit for a three-year period to
serve as a penalty in case one of the trees dies as a result of improper construction practices or a
failure to carry out the maintenance program. Again, if a letter of credit cannot be established,
Otto would leave this amount as a deposit with the City, in an interest-bearing account.
• The deposit will be released upon (1) certification by Steve Porter that the
construction-related mitigation measures in the conditions of approval have been completed, (2)
issuance of the certificates of occupancy for the homes on Lots 9 and 10, and (3) issuance of the
letter of credit.
In making a recommendation to the Planning Commission, it is important to note that the trees
are in very good health as a result of five years of ongoing watering, fertilization, and pruning,
and that the construction phase that had the highest potential for damaging the trees (installation
of the specially-designed foundation) is complete. As a practical matter, the real danger for the
trees has passed.
In summary, Otto has been required to undertake extraordinary measures to preserve these trees,
far more than other builders in town. I hope that the Planning Commission will make a fair,
unbiased compromise of the interests at stake.
In the meantime, Otto is going to inquire with the Finance Department to see whether his
original deposit was actually placed in an interest-bearing account. If so, he would have an
argument that interest should be payable to him. If not, then the issue of interest to date is moot.
Thanks again for your assistance.
Sincerely,
.../ `� / �'� / ---.
�
Mark D. Hudak
NIDH:os
Enclosure
cc: Client (w/encl.)
_P� P
i; a �"" �~ '
,: �_ �� � � 2009
r�� QF BUR'�1'�vrs .
_;-�
�,i ;1pdN1�!G �_,r,.
13600.00001 �BGLIB 1 \ 1394329.1
^ 02/b4/09 WED 08:58 FA% 65058�444a MAYNE TREE E%PERT CO
� �. � T
- � 6505934443
1Vlay�e
�.CTABL151i£D 1931
C'FRTifIL'CU FC�RE�'['LR
RICL-it�RD L. !-IUNTTNG'1'ON
i�kr.-�roEN�f
�ree Expert Con�pan.y, �nc.
• CER7'LF�?D ARf3QRIS7'S
,1F.RAMlSY [NGALL$
CUNSI]I Tn Nl'/ESTIMnTOK
Mr. William Meeker
City of Burlingame
Community Development Director
501 Primrose Rd_
Burling8me, CA 94010
Dear Mr. Meeker,
STAfE C:ONTkt/�C.'T�K'S C•iCCNSE NO. 276793
. pFCT C:UN7'RV1- ' ADVICOIZS /�ND UYhRATURS
February 3, 2009
RE: 1537 DRAKEAVENUE 8� 1545 DRAKEAVENUE, BURLINCAME
Apply wood chip layer
Deep root fertilizing
7he following is a five-year maintenance plan for the redwood grove at the above sites.
The trees have been pruned within the last two years, so no fuRher pruning is needed
other than roof clearance as needed (one or two times).
Mulch was placed over the roots within the protective fencing which has decomposed.
Applying another layer of wood chips should last another five years. Deep root fertilizing
should be done annually which keeps trees healthy and helps offset any potential soil
compaction.
Following is our five-year schedule:
Year Month Work Cost
2009 Now
June
October
201 p .June
October
2011� June
October
2012 June
October
2013� June�
r� 1 1 �
5�$ ARAfiATO RUN:�. STE. /�
SAN CARLOS. CA 9�70-G22$
TELEPItp1�IE: (6$Oj573-�4�1
FAcsiMTJ.F: c�,n� soz-a.�aa
FMAIL: in1`ot�mnyncvcn.cum
a ���.�.%��``'�`��
`=EB 0 � 20U9
,�;1( ;' pF BURLINGAIVIE
�'!_ANNING DEPT,
$300
$725
An�ual inspection report $210
� Deep �root fertilizing ^ $745
Annual inspection report $215
._...,.... . _....---
���� Deep�rootfertilizing $765
Annual inspection report $22�
_......--� -�---- --- .._ ._......-�--
� � Deep root fertilizing $775
Annual inspection report $225
�� Deep root fe�tiliz'ing �� � $800
October Annual inspection �epo�t $232
RECEIVED TIME FEB. 4. 9:02AM
",O�L/�04/08 WED 08:59 FAX 6505834443 MAYNE TREE E%PERT CO
6505934443
_ 2 _ February 3, 2009
1537 & 1545 Drake Ave., Burlingame
Note: Roof clearance approximately $200 per trip.
Please call with any questions.
Sincerely,
�. �
�
�
Richard L. Huntington
Certi�ed Arborist WE #0119A
Certified Forester #1925
FtLH:pmd
cc: Otto Miller
I�j00a
;� "� �:. �.r 5r.. � '`.w' � ��,
f� F 8 0 5 2009
ClTY OF BURLINGAME
PL4NNING DEPT.
RECEIVED TIME FEB. 4. 9:02AM
��J Walter I�evison
CONSULTING ARBORIST
ISA Certified Arborist #WC-3172
ASCA
i 4t�
Arborist #401
Appraisal of four (4) coast redvvood trees
at
1537 Drake
�urlingar�e, CA 94010
Prepared at the Request of:
Steve Porter, City Arborist
City of Burlingame
Parks and Recreation Department
850 Burlingame Ave.
Burlingame, CA 94010
Site Visit:
��/2.It�r �@biSOn
October 8, 2003
Report:
Walter Levison
October 8, 2003
1 �f 9
1537 Drake, Burlingame 10/8/03 Appraisal of four (4) coast redwoods
Member, International Society of Arboriculture & Registered Member, American Society of Consulting Arborists
J�J �Valter Levis�n ` Y -
,., .
CONSULTING ARBORIST -,,,,�..�....,..
ISA Certified Arborist #WC-3172 ASCA Registered Consulting Arborist #401
Table of CorltePrts
Sec�io�► Page
�o� Surr�rna►7r 3
2.0 As�igrronent �
3.0 Ob�ervations a�d Discussion �
4.0 Recor�ernenda�6ons �
5.0 A�praisal .�
6.0 Consu/tant's Qualif�cateons 7
700 Assurnptfons and Li�r►atieag Gonditions �
8.0 Ceriificaieon 9
9.0 �ttachrr►en#s: 9
9.1 T�ee Locatio�e �i/ap, 1�Page 9
902 �ree S�r�ey/.+�pprai�al Clra�s, 2�Pages 9
2of9
1537 Drake, Burlingame 10/8/03 Appraisal of four (4) coast redwoods
Member, International Society of Arboriculture €� Registered Member, American Society oz Consulting Arborists
V� J �alter- L.evlson -
CONSULTING ARBORIST �� �� �
ISA Certified Arborist #WC-3172 ASCA Registered Consulting Arborist #�i01
'�.o $LE111t'1'4�ijP
Four coast redwood trees located in the froni yard of 1537 Drake Avenue
were appraised using the trunk formula method according to the Guide for
Plant Appraisal, 9th Edition, published in 2000 by the Council of Tree and
Landscape Appraisers. Note that two trees (trees #1 and #�4) have two
codominant mainstems each. (See attached 1-page map for tree
locations).
2. The appraised value of the four trees combined is $118,780 (see appraisal
charts attached to the end of this reporfi). This value is very reasonable,
representing only 6.6% of the total recent sale value of the improved
property noted above.
2.0 Assignrr�en#
This report assesses the existing condition of four (4) coast redwood trees
(Sequoia sempervirens) located at 1537 Drake Avenue in Burlingame, and
determines the value of each of the trees based on their existing locations,
conditions, and size parameters. This appraisal was requested by the City
Arborist to assist in determining the amount of a tree protection bond for
the redwoods. This bond will be a measure of security against
construction impacts that could cause loss of tree health or structural
condition during redevelopment of the lot.
Each tree was tagged by the author using race-shaped aluminum tags
nailed in at approximately 6-7 feet above grade for easy field identification.
A visual assessment of the he�[th and structure of the subject trees has
been perFormed. I determined overall `Condition Ratings' based on the
unique combination of the two health and structure numbers derived from
fieid observation for each tree.
The appraised values of the trees are provided in the tree charts at the
end of this report. Local tree data from the Western Chapter, International
Society of Arboriculture, was also utilized when performing the appraisal
calculations. Note that the diameter values used for the appraisal
calculations were measured at 54-inches above average grade, using a
"D-tape" which converts circurnference of the tree to diameter inches and
tenths cf inches.
3 of 9
1537 Drake, Burlingame 10/8/03 Appraisal of four (4) coast redwoods
Member, International Society of Arboriculture & Registered Member, American Society of Consulting Arborists
��� Walter Levison
CONSULTING ARBORIST
ISA Cer4ified Arborisf #WC-3172
ASCA
istered Consulting Arborist �401
3.0 Ob�erva�ion� and Dascussion
The subject trees are located in a grove north of the exisiir�g home being
dermolished. The trees are bucl�ling the old pafihways surroundir�g the
existing structure.
The trees exhibit excessive shoot growth arising frorn the subgrade
"lignotub�rs" which surround the mainstems of coast redwoods.
M�ny new shoots are growing out directly firom latent buds located along
the lengfhs of the scaifiold limbs of all four trees. These shoots are usually
a sign that the tree(s) are experiencir�g undue stress. It is likely that, given
the coast redwood's high vvater requirement�, this stress is simp�y due to
lack of supplemental irrigation vvater, and may be corrected by applying
consistent heavy irrigation during non-rainy weather.
Barrie Coate notes in his article in Westerr� Arborist (Fall/Winter 2001) that
coast redwoods require about 20-gallons of water per inch of trunk
diameter per month to maintain good health. This equates to about 4,000
total gallons of water per monih for the four subject redwoods at this site in
Burlingame. Currently, ihe trees are receiving no irrigation vvater, and are
likely suffering.
Three of the four subject trees are rated as "good" on a scale that ranges
from poor to exceptional. Twig extension, live crown ratios, and foliar
density were observed to be in the poor io moderate range for all four
frees, with portions of free #1 exhibiting good foliar density. It appears that
many years passed by vvithout the trees receiving the heavy irrigation they
required to maintain good health and structural condition.
4.0 Recomrnenc9ations
It is recommended that a snaking length of soaker hose (200-ft or more)
be lain around the entire area within the driplines of the four redwoods and
immediately turned on 24-hours a day until the upper 24-inches of soil
reaches "100% field capacity" (easily measured using a simple Lincoln
rnoisture meter probe). The trees can then be periodically irrigated weekly
or as per direction by the City Arborist.
4 of 9
1537 Dral<e, Burlingame 10/8/03 Appraisal of four (4) coast redwoods
Member, International Sociefiy of Arboriculture & Registered PAember, American Society of Consulting Arborists
��J �Valter- Levison
CONSULI'ING ARBORIST
ISA Certified Arborist #WC-3172
ASCA
red Consulting Arborist #401
5.0 Appraa�al
I calculated the
formula method
Plant Appraisal.
appraised value of the four subject trees using the trunk
as per the latest edition (9th edition, 2000) of the Guide for
The" reasonable" test
The total value I calculated for the four subject trees at 1537 Drake was
tesfed for reasonableness against the latest sale price of the improved
property at the above address. Usually, total landscape value should not
exceed 20% of the total current market value of the improved property.
The property recently sold for $1,800,000 (January, 2002). The appraised
value I calculated for the four trees was $118,780, comprising only 6.6
percent of the most recent sale price of the property. It is therefore
considered reasonable.
Species classification
Coast redvvood (Sequoia sempervirens) is a"Group 4" species as defined
by the Western Chapter, International Society of Arboriculture, "Species
Classification and Group Assignment" publication, version 1992. Group 4
species must be multiplied by a factor that lowers their value per square-
inch of cross-sectional area. Because coast redwoods grow very quickly,
they are classified as such, and are consequently devalued in the
appraisal process in relation to slower-growing trees such as oaks. Thus,
oaks generally have higher appraised value per square-inch than
redwoods because of their slower growth rates.
The location factor
The location factor in the appraisal formula is comprised of three parts:
site, contribution, and placement. These subfactors are added together
and divided by three to give a"location factor". The numbers used for
calculating values for the four redwoods in this report are:
1. Site:0.90
2. Contribution:0.60
3. Placement:0.90
5 of 9
1537 Drake, Burlingame 10/8/03 Appraisal of four (4) coast redwoods
Member, International Society of Arboriculture & Registered Member, American Society of Consulting Arborists
��J Walter Levison ---��-�
,.
CONSULTING ARBORIST � ���• �� � � .
ISA Certified Arborist #WC-3172 ASCA Registered Consulting Arborist #�401
Certificate of Appraisal
I, Walter Levison, certify to the besi of my knowledge and belief:
That the statements of fact contained in this report are true and correct.
That the report analysis, opinions, and/or conclusions are based upon my
experience, training, and qualification in the specific fields of arboriculture
and plant appraisal.
That I have no present or prospective interest in the vegetation that is the
subject of this report, and I have no personal interest or bias with respect
to the parties involved.
That my compensation is not contingent upon the reporting or a
predetermined value, or direction in value fhat favors the cause of the
client, the amount of the value estimate, the attainment of stipulated result,
or the occurrence of a subsequent event.
That my analysis, opinions, and conclusions were developed, and this
report has been prepared, in conformity with the Guide for Plant Appraisal
authored by the Council of Tree and Landscape Appraisers and in
concurrence with present day standards of arboriculture practice.
That I have made a personal inspection of the plant material, or what
remains, that forms the subject of this report.
That method(s) found in this report are based on a request to determine
the value of plants considering all the factors of plant appraisal.
That, as a result of my examinations, investigations, and analysis of the
species and all of the data pertinent thereto, and in light of my experience,
the total value of fhe four subject trees at the property at 1537 Drake
Avenue in Burlingame, California is $118,780.
6 of 9
1537 Drake, Burlingame 10/8/03 Appraisal of four (4) coast redwoods
Member, International Society of Arboriculture & Registered Member, American Society of Consulting Arborists
��J vValter L�vi�o�z
:�
CONSULTING ARBORIST •���°° �� � �
!SA Certified Arborist #WC-3172 RSCA F2egistered Consulting Arborist #401
6.0 Corasa�l�ant's C�uaBificata�ns
❑ Milibrae Community Pre�ervation �ommi�sion and Tree Board
11/01-present
❑ ASCR Registered Consulting Arborisi #401
❑ ISA Certified Arborist #WC-3172
❑ B.A. Environmental Studies/Soil and Water Resources
UC Santa Gruz, Santa Cruz, California 1990
❑ Peace Corps Soil and Water Conservation Extension Agent
Chiangmai Province, Thailand 1991-1993
❑ Associate Consulting Arborist
Barrie D. Coate and Associates
�/99-8/99
❑ Contract City Arborist to th� City of Belmont
6/99-present
❑ American Society of Consulting Arborists (ASCA) Consulting Academy Graduate Class of
2000
❑ Continued education through attendance of arboriculture lectures and forums sponsored by
the International Society of Arboriculture (Western Chapter) and the American Society of
Consulting Arborists
(My full CV is available upon request)
7 of 9
1537 Drake, Burlingame 10l8/03 Appraisal o� four (4) coast redwoods
Member, InYernational Society of Arboriculture & Zegistered Member, American Society of Consulting Arborists
� ��
� J �Valter I�e�i�on � `
�,
.,��.
CONSULTING ARBORIST ����"""'' .
ISA Certified Arborisf #WC-3172 ASCA Registered Consulting Arborist #4�01
7.0 Assurr�ptions and L,irniting Conditions
Any legal descripfion provided fo the c��sultant/appraiser is assumed to be correct. Any titles and
ownership to any property are assumed to be good and marketable. No responsibility is assumed
for matters legal in character. Any and all property is appraised and evaluated as through free
and clean, under responsible ownership and competent management.
It is assumed that any property is not in violation of any applicable codes, ordinance, statutes, or
other government regulations.
Care has been taken to obtain all information from reliable sources. All data has been verified
insofar as possible; however, the consultanUappraiser can neither guarantee nor be responsible
for the accuracy of information provided by others.
The consultant/appraiser sha�l not be required to give testimony or to attend court by reason of
this report unless subsequent contractual arrangements are made, including payment of an
additional fee for such services as described in the fee schedule and contract of engagement.
Unless required by law otherwise, the possession of this report or a copy thereof does not imply
right of publication or use for any other purpose by any other than the person to whom it is
addressed, without the prior expressed written or verbal consent of the consultanUappraiser.
Unless required by law otherwise, neither all nor any part of the contents of this report, nor copy
thereof, shall be conveyed by anyone, including the client, to the public through advertising,
public relations, news, sales, or other media, without the prior expressed conclusions, identity of
the consultant/appraiser, or any reference to any professional society or institute or to any
initiated designation conferred upon the consultant/appraiser as stated in his qualifications.
This report and any values expressed herein represent the opinion of the consultant/appraiser,
and the consultant's/appraiser's fee is in no way contingent upon the reporting of a specified
value, a stipulated result, the occurrence of a subsequent event, nor upon any finding to be
reported.
Sketches, dr�wings, and photogr2�hs in this report, being intended for visual aids, are not
necessarily to scale and should not be construed as engineering or architectural reports or
surveys unless expressed otherwise. The reproduction of any information generated by
engineers, architects, or other consultants on any sketches, dra�ings, or photographs is for the
express purpose of coordination and ease of reference only. Inclusion of said information on any
drawings or other documents does not constitute a representation by Walter Levison to the
sufficiency or accuracy of said information.
Unless expressed otherwise:
a. information contained in this report covers only those items that were examined and
reflects the conditions of those items at the time of inspection; and
b. the inspection is limited to visual examination of accessible items without dissection,
excavation, probing, or coring. There is no warranty or guarantee, expressed or implied,
that problems or deficiencies of the plants or property in question may not arise in the
future.
8 of 9
1537 Drake, Burlingame 10/8/03 Appraisal of four (4) coast redwoods
fVlember, International Society of Arboriculture & Registered Member, American Society of Consulting Arborists
��J tiVali�r- I�evi�on -_=- _,
CONSULTING ARBORIST • '•�`��' .
ISA Certified Arborist #WC-3172 ASCA Rec�ist2red Consulting Arborist #401
Loss or alteration of any part of this rzport invalidates the entire report.
Arborist Disclosure Statement:
Arborists cannot detect every condition that could possibly lead to the structural failure of a tree.
Arborists c�rnot g�zr�rte� that a tree �vi!I be healthy or safe under all circumstances, or for a
specific period of time. Likewise, remedial treatments cannot be guaranteed. The only way to
eliminate all risk associated with trees is to eliminate the trees themselves.
8.0 Certofacation
I hereby certify that all the statements of fact in this report are true, complete, and correct to the
best of my knowledge and belief, and are made in good faith.
Signature of Consultant
9.0 Attachrv�en#s:
9.1 Tree Locatson Il�ap, 1-Page
9.2 Tree Sur�rey/Appraisai Charts, 2�Pages
Walter Lerrisan, Consulting 6�rborist
Americsn Soci�ty of Consulting Arborisis
Registerad Consulting Arborist #401
Intern�tional Society of Arboriculture
Certified Arborist # WC - 3172
� �� -� .a"w'�,�-�-�-��A�,��: �'� ��
, ...
s— ;
9of9
1537 Drake, Burlingame 10/8/03 Appraisal of four (4) coast redwoods
Member, International Society of Arboriculfure � Registered Member, American Society of Consulting Arborists
Walter Levison, Consulting Arborist 1537 Drake, Burlingame
1 of 2 10/8/2003
Tree # 1 coast redwood Trunk Multistem Height Spread Health Structure Cond. Notes
Scaffolds poorly developed. Tree
(Sequoia sempervirens) 65' 35' .75 .75 �tating lacks scaffolds on north side of tree.
Tree Type Diameter (in) •75 Two mainstems arise from single root
(Good) system. Bifurcate @10-ft above
58.5 0 grade. Live crown ratio=75%. Twig
0 extension and foliar density are
� moderate to high. High density of
shoots sprouting from lignotuber
TA Spp.Class Cond. Loc. around mainstems.
Appraisal Group: 1 Total
2 Appraised
3 Value as
4 2686.46625 1 Basic Value: 75143.8 0.75 0.8 per 9th $ 45,086
edition
Tree # 2 coast redwood Trunk Multistem Height Spread Health Structure Cond. Notes
(Sequoia sempervirens) 65' 35' .75 .75 Rating Scaffolds located on
Tree Yype Diameter (in) .75 northeast and southeast sides
(Good) of tree only. Live crown
52.5 0 ratio=70%. Twig extension
� and foliar density moderate.
� Shoots arising from lignotuber
TA Spp.Class Cond. Loc. around mainstem.
Appraisal Group: 1 Total
2 Appraised
3 Value as
I 4 2163.65625 1 Basic Value: 60766.5 0.75 0.8 per 9th $ 36 460
edition
Tree # 3 coast redwood Trunk Multistem Height Spread Health Structure Cond. Notes
(Sequoia sempervirens) 65' 18' .70 .65 Rating Scaffold limbs located on
Tree Type Diameter (in) ,g5 north and northwest sides of
(Fair) tree only. Live crown
36.5 0 ratio=50%. Twig extension
0 moderate. Foliar density poor.
0 Shoots arising from lignotuber
TA Spp.Class Cond. Loc. around mainstem.
Appraisal Group: 1 Total
2 Appraised
3 Value as
� 4 1045.81625 1 Basic Value: 30025.9 0.75 0.8 per 9th $ 18 016
' edition
Replac .it Tree Values 5-gallon=$36 15-gal=$120 24"box=$420 36"box=1320 �ox=$5000 Health and Structure Ratings: 0-1 Each
2 of 2 10/8/2003
Replac nt Tree Values 5-gallon=$36 15-gal=$120 24"box=$420 36"box=132G box=$5000 Health and Structure Ratings: 0-1 . Each
Walter Levison, Consulting Arborist 1537 Drake, Burlingame
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. � LETTER ESTABLISHING DEPOSIT WITH
CITY OF BURLINGAME FOR MAINTENANCE AND PRESERVATION OF TREES
RE: LOTS 9,10, AND 11 AT 1537 DRAKE AVENUE
BURLINGAME, CALIFORNIA
Otto Miller ("Owner") on behalf of himself, his heirs, successors, and assigns and as
owner of the real property at 1537 Drake Avenue, Burlingame, Califarnia ("Property"), this �
day of ��/cs+•.l �r , 2003, has deposited the sum of $118,780.00 with the City of
Burlingame ("City"). The Owner wishes to proceed with construction on the Property and this
amount is intended to guarantee the Owner's compliance with the Conditions of Approval of the
City regarding trees on the Properiy for construction on the Property, particularly Condition No.
35(C).
A. There are four (4) coastal redwood trees located on Lots 9 and 10 that qualify for
protection under the Burlingame Municipal Code, and the trees have been marked iri the field
and designated as Trees 1, 2, 3, and 4, as shown on the Site Map attached hereto as Exhibit A.
B. Owner is in the process of obtaining security instruments, but wishes to malce this
deposit so that Owner can obtain a demolition permit and proceed with demolition pursuant to
that permit.
C. If any of the four redwood trees dies during const�uction or during the five (S) years
following completion of construction on Lots 9, 10, and 11, due to construction activities,
adverse conduct or activities, omissions in maintenance and upkeep, or the presence of new
improvements on Lots 9 or 10, then a penalty shall be payable from this deposit; provided, that if
the death of a redwood t�ee is due to natural causes, acts of God, or acts of third parties (other
than Principal or the owners of Lot 9 or Lot 10 or their agents, employees, contractors or .
subcontractors), then the penalty sha11 not be imposed. The penalTy for each tree shall be:
A. Tree 1: $45,086
B. Tree 2: $36,460
C. Tree 3: $18,016
D. Tree 4: $19,218
D. Determination of the cause of death of any tree sha11 be made by the City Arborist.
E. If Owner fails to perform any of the maintenance activities required by the .
maintenance plan for the redwood trees for a period of 30 days following written notice from
Ciiy, then the amount required to pay for such maintenance activities shall be paid from this
deposit.
F. If Owner delivers to the City substitute security for the remainder of the construction
and nnaintenance period, which may include a replacement surety bond, and the substitute
security is in a form reasonably satisfactory to the City Attorney, the then-remaining balance of
this deposit sha11 be refunded to the Owner. �
G. Unless earlier refunded, at the end of five (5) years following completion of
conslxuction on the Property, the then-remaining balance of this deposit shall be refunded to the
Owner.
H. No interest shall accrue on the amount deposited as this is done solely for the
convenience of the Owner to facilitate the construction on the Properiy.
• • '
�'��► ��'-
Accepted b. ITY OF BURLINGAME
B ---�
y
Page 1 of 2
CD/PLG-Hurin, Ruben
From: CD/PLG-Meeker, William
Sent: Tuesday, February 03, 2009 1:44 PM
To: CD/PLG-Hurin, Ruben
Subject: FW: 1537/1543 Drake Avenue
FYI...
William Meeker, Director
Community Development Department
501 Primrose Road
Burlingame, California 94010
PH: (650) 558-7255/FAX: (650) 696-3790
E-Mail: wmeeker@b_urlingame.org
From: MGR-Silva, Ana
Sent: Tuesday, February 03, 2009 1:38 PM
To: ATTY-Guinan, Gus; CD/PLG-Meeker, William
Subject: FW: 1537/1543 Drake Avenue
From: garjg222@aol.com [mailto:garjg222@aol.com]
Sent: Monday, February 02, 2009 5:13 PM
To: MGR-Silva, Ana
Subject: 1537/1543 Drake Avenue
Mr. Guinan,
I am a resident on Drake Avenue, and I spoke at the recent public hearing regarding Mr. Otto
Miller's request to change the Conditions of Approval for his current construction.
I would like to urge you and the Planning Commission members, especially those who were
not part of the initial decision, to review all documents and minutes as well as field findings and
multiple arborist reports that were used as a basis for, and support of, the current Condition
#32, before reconvening to discuss this issue.
I find it surprising that a Condition of Approval can even be amended without a substantial
change in the findings that led to the Condition. After all, Mr. Miller had a right to appeal the
Commission's clear decision to not modify this Condition, as he had requested, following the
November 2007 meeting. He chose not to do so and began his construction.
Now, possibly hoping for a change in personnel, memory lapses on the part of the
Commission or just some luck that would allow him to put more cash in his pocket, he has his
attorney make yet another attempt.
This Condition was thoughtfully conceived and painstakingly discussed before its approval
by the Commission. There was nothing punitive that led to the decision as Mr. Hudak would
like the Commission to believe. This will be clear to all who read the arborist reports provided
by the independent arborist hired by the City, that proposed a ten year and $300,000 security
bond to cover damages from construction in this very sensitive tree zone.
2/5/2009
Page 2 of 2
I would think that the City will be very mindful of any exposure they would adopt for
themselves or the new residents, as a result of changing or modifying this Condition simply
because the developer asks for it.
As residents, much of our concern, goes beyond financial, as the Redwood Grove provides a
beauty and peacefulness to our quality of life on this block.
I ask that any decision be comprehensively reviewed by you and all City departments that are
a part of this decision.
Thank you,
Janet Garcia
1557 Drake Ave
Great Deals on Dell Laptops, Starting at $499_.
2/5/2009
CITY OF BURLINGAME PLANNING COMMISSION — Unapproved Minutes January 26, 2009
6. 1537 AND 1543 DRAKE AVENUE, ZONED R-1 — APPLICATION FOR AMENDMENT TO
CONDITIONS OF APPROVAL REGARDING SECURITY DEPOSIT FOR EXISTING REDWOOD
TREES RELATED TO TWO, NEW SINGLE FAMILY DWELLINGS UNDER CONSTRUCTION (OTTO
MILLER, APPLICANT AND PROPERTY OWNER) STAFF CONTACT: RUBEN HURIN
Reference staff report dated January 26, 2009, with attachments. Associate Planner Whitman
presented the report, reviewed criteria and staff comments. Forty-six (46) conditions were suggested for
consideration for 1537 Drake Avenue, and forty-five (45) conditions were suggested for consideration
for 1543 Drake Avenue.
Chair Cauchi opened the public hearing.
Mark Hudak, 216 Park Road; represented the applicant.
■ Provided an overview of the project's history.
■ Attempted to obtain a bond, but were unsuccessful; required payment of cash deposit.
■ Feels that the construction that could damage the tree has concluded; suggested retaining
$20,000, but releasing the remainder upon completion of the project.
Commission comments:
■ Asked how the amount of the deposit was determined? (Hudak — arrived at by City's
consultant.)
■ Has there been an effort to attempt to obtain a bond in lieu of making a cash deposit? (Hudak —
doesn't believe that a bond is an option today; does not meet the test for bonding.)
■ When is the project due to be completed? (Hudak — 4 to 5 months.)
■ On the northern house, there is a chimney next to the tree; is this a real fireplace, or gas-fired?
(Hudak — gas-fired.)
■ Clarified that the house on the left still requires driveway construction. (Hudak — will be
constructed with pavers that will require minimal ground preparation; will not disturb nearby tree
roots.)
Public comments:
Jan Ochse, 1512 Drake Avenue; Pat Giorni, 1445 Balboa Avenue; Janet Garcia, 1561 Drake Avenue;
and Regina O'Neal, 1516 Drake Avenue spoke:
■ It is unusual that the funds are not in an interest-bearing account.
■ Read a letter from Chris McCrum, 1540 Drake Avenue.
■ Opposed to early release of the deposit; the builder should be responsible for long-term health of
the trees.
■ Noted that when approval was given for the finro lots, there were 46 conditions of approval for
one of the lots; out of those, 29 of the conditions are related to the trees; 45 conditions are apply
to the second lot; 29 related to the trees. This indicates how important protecting the trees was
to the Planning Commission back when the project was approved.
■ Objects strenuously to the applicant's attempt to obtain a refund now. Urges Commission not to
change a single word of the conditions of approval.
■ Questions the value of the applicant's opinion of the health of the trees; he has proven to be
unreliable.
■ Read a letter from Ann Thomas, 1520 Drake Avenue, objecting to release of the deposit.
■ There has been no material change that causes the Commission to reverse its prior ruling.
�
CITY OF BURLINGAME PLANN/NG COMMISS/ON — Unapproved Minutes January 26, 2009
■ The conditions requiring the deposit were approved on July 9, 2007; noted that Mr. Hudak
requested an amendment to the condition at that time, but it was not granted; the applicant knew
he could not move forward without the condition.
■ The money is intended to cover the replacement of any failing trees post-construction.
■ It is not in the City's best interest to release the funds now.
■ The applicant has misled staff in the purpose of the deposit, as well as the arborist hired by the
applicant.
■ Look at the intent of the original proposal; was to ensure the preservation of the trees.
Mark Hudak, 216 Park Road, spoke in response to the neighbors' comments:
The purpose of the deposit was not that there would be no impact upon the trees during
construction; the purpose was to ensure that the trees that were damaged by the illegal grading
survived; any non-surviving trees would be replaced with funds from the deposit.
The trees are now healthy, based upon professional arborist opinions; the purpose of the deposit
has been fulfilled.
Additional Commission comments:
The conditions of approval are case-specific; these conditions were laboriously negotiated.
There is to be an evaluation done at 5-years post-construction. The deposit was required
because of uncertainty about the health of the trees. Nothing has changed. (Hudak — has a
different recollection of the purpose of the deposit; there were other remedies that would have
been available to the Commission at that time. Required construction of a foundation of a
specific design, based upon the site conditions. Were required to come before the Commission
in the manner that occurred due to the illegal grading by a grading contractor. The overall goal
was for the trees to recover.)
Is there a reason why the construction didn't happen in the manner that it was anticipated?
(Hudak — took a long time for the foundation design to be done correctly. Wasn't a conscious
desire to wait to begin construction.)
There were no further comments and the public hearing was closed.
Further Commission discussion:
■ Some sympathy for the applicant; the grading wasn't done by the applicant; he has suffered
delays and heavy costs; consider reducing by one-half.
■ The bond was posted due to damage done during the grading; would like to have more
information on the genesis of the condition.
■ Would be beneficial for Commission to receive input from City Attorney; empower the
Community Development Director and City Attorney to reach a reasonable compromise to be
presented to the Commission; consider having a conversation with former Commissioner
Osterling who provided input regarding the need for the condition.
■ The trees are in good health; but the deposit was required to ensure the continued health of the
tree; the City will lose leverage if the deposit is released now.
■ Today's economy is difficult; this is a significant matter for the applicant.
■ Possibly return one-half now; but retain the remainder for a period beyond completion of
construction.
■ Language in the condition was directly related to the grading activity.
■ Noted the condition requiring covenant notifying future owners of the importance of the trees.
7
CITY OF BURLINGAME PLANN/NG COMM/SS/ON — Unapproved Minufes January 26, 2009
The health of the trees was a paramount issue; it appears that this was a punitive measure
imposed upon the applicant; it appears that, based upon the arborist reports that the trees are
flourishing and doing well; tend to agree with returning some portion of the deposit at project
completion, with retention to some point beyond completion.
The condition was not meant to be punitive; but was a representation of the importance of the
trees to the community.
Include a summary of when the dates of the revised conditions were imposed; when are future
inspections yet to occur; what is the extent of work to be done to install the driveway.
Commissioner Vistica moved to continue the item to February 9, 2009 with direction to staff to work with
the City Aitorney and applicant to arrive at a recommendation regarding the amount of the release of a
portion of the security deposit; when the portion is to be released; and how long the remaining portion of
the deposit should be retained.
The motion was seconded by Commissioner Brownrigg.
Discussion of the mofion:
Requested that the City Arborist be present at next discussion.
The conditions are punitive to the applicant; probabilify of any of the trees dying is pretty slight.
Requested that staff confer with former Commissioner Osterling regarding this matter.
Chair Cauchi called for a voice vote on the motion to continue. The motion passed 6-0-1
(Commissioner Terrones absent). The action is not appealable. This item concluded at 8:30 p.m.
8
City of Burlingame Planning Commission Approved Minutes
VIII. REGULAR ACTION ITEMS
�uiy s, 200�
2. 1537 DRAKE AVENUE, LOT 9, ZONED R-1 — APPLICATION FOR AMENDMENT TO MITIGATED
NEGATIVE DECLARATION, DESIGN REVIEW, CONDITIONAL USE PERMIT FOR EMERGING LOTS,
AND SPECIAL PERMITS FOR BUILDING HEIGHT, DECLINING HEIGHT ENVELOPE AND ATTACHED
GARAGE TO CONSTRUCT A NEW TWO-STORY SINGLE FAMILY DWELLING (OTTO MILLER,
APPLICANT AND PROPERTY OWNER; JAMES CHU, CHU DESIGN & ENGR., INC., DESIGNER) (57
NOTICED) PROJECT PLANNER: RUBEN HURIN
Reference staff report dated July 9, 2007, with attachments. Planner Hurin presented the report, reviewed
criteria and staff comments. Forty-six (46) conditions were suggested for consideration.
Chair Deal opened the public hearing at 7:27 p.m.
Mark Hudak, 216 Park Road, Burlingame, represented the applicant.
Commission comments:
With respect to the root protection fencing referenced in Condition 26, are the posts driven into the
ground and not skid mounts (yes).
Discussed the cash deposit of $118,780 referenced in Condition 33 as a means of guaranteeing the
viability of the Redwood grove. Ultimately determined that the cash deposit should continue to be
retained.
Commissioner Brownrigg noted that this, and the next item, are the end of a long and, at times,
contentious process. He still regrets that the large parcel was divided into three parcels, since
Burlingame values a diverse housing stock, which includes various lot sizes. That said, compromises
were made on size and setbacks, and this is a reasonable outcome.
Pat Giorni, 1445 Balboa Avenue, doesn't think applicant has suffered any punishment by City. Feels that
applicant is intent on developing all emergent lots in City and building large homes; eliminating affordable
housing units. Developers do not pay for damage to City streets as a result of new construction projects.
Cash deposit should not be returned for at least 5-years after completion of project. Suggested lot split
resulting in dedication of the portion of Lot 9 containing the Redwood grove to the City.
There were no further comments and the public hearing was closed at 7:50 p.m.
CommissionerAuran moved to approve the application, by resolution, with the following conditions:
that the project shall be built as shown on the plans submitted to the Planning Department date
stamped March 13, 2007, sheets A.1, A.4 through A.6, U.1, L1.1, S.1 and D.1 through D.4, and date
stamped June 7, 2007, sheets A.2, A.3, A.4A, A.46, A.5A, A.5B and L1.0; 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 to the tree protection plan or tree trimming shall require review
by the Planning Commission and an amendment to this permit;
2. that any changes to the size or envelope of the 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;
3. that prior to scheduling the framing inspection the project architect or residential designer, or another
architect or residential design professional, shall provide an architectural certification that the
architectural details shown in the approved design which should be evident at framing, such as
window locations and bays, are built as shown on the approved plans; architectural certification
documenting framing compliance with approved design shall be submitted to the Building Division
4
City of Burlingame Planning Commission Approved Minutes
before the final framing inspection shall be scheduled;
July 9, 2007
4. that prior to final inspection, Planning Division 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 Engineer's April 8, May 31, June 4, August 15 , August 30, and October
15, 2002, June 27, 2005, and June 18, 2007 memos, the Fire Marshal's September 3, 2002, June 23,
2005 and June 18, 2007 memos, the Chief Building Official's August 5, 2002, June 27, 2005 and June
15, 2007 memos, the Recycling Specialist's August 27, 2002, and June 27, 2005 memos, the NPDES
Coordinator's June 27, 2005 memo, and the City Arborist's September 3, 2002, and April 3 and May
21, 2003, and April 13, 2007 memos shall be met;
7. that any grading or earth moving on the site shall be required to have a City grading permit, be
overseen by the project arborist, inspected by the City Arborist, and be required to comply with all the
regulations of the Bay Area Air Quality Management District and with all the requirements of the permit
issued by BAAQMD;
8. that there shall be no heavy equipment operation or hauling permitted on weekends or holidays during
the development of Lot 9; use of all hand tools shall comply with the requirements of the City's noise
ordinance;
9. that 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 occurwithin the redwood tree grove
protective fencing on Lot 9;
10. that construction of the house and attached garage on Lot 9 shall be completed through Lot 10 at rear
of Lot 9;
11. that heavy construction materials and equipment shall not be delivered to the site or stored at the front
of Lot 9 in the designated driveway area;
12. that at no time shall any equipment exceeding 18,000 LBS be allowed to be within 30 feet of the
currently fenced off Redwood Tree Grove protection zone;
13. that prior to the placement or use of any motorized equipment within 30 feet of the currently fenced
Redwood Tree Grove protection zone, a protective layer of mulch one foot deep with 3/ inch plywood
on top, shall be installed and inspected by the project arborist to avoid further soil compaction of the
area; post construction the protective plywood and mulch may be removed as approved by the project
arborist;
14. 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;
15. 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;
5
City of Burlingame Planning Commission Approved Minufes
July 9, 2007
16. that all new utility connections to serve the site, and which are affected by the development, shall be
installed along the left side property line befinreen the driveway and property line to meet current code
standards; 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 the project arborist and
inspection by the City Arborist;
17. that the new sewer connection to the sewer main in the street shall be installed along the left side
property line to City standards as required by the development;
18. 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;
19. 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;
20. 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;
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 or necessary changes to the tree protection program or to address new issues which
may arise during construction;
24. that should any cultural resources be discovered during construction, work shall be halted until they
are fully investigated by a professional accepted as qualified by the Community Development Director
and the recommendations of the expert have been executed to the satisfaction of the City;
25. that no installation work on the driveway or landscaping on the site shall occur until the timing, design,
method of construction and materials have been approved by the City Arborist, and the project 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 for compliance with the approved
materials and method of installation; it shall be the responsibility of the property owner to notify the
City Arborist when construction of the driveway on Lot 9 is to begin;
26. 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; and that the root protection fencing shall not be removed until construction is complete on
Lots 9 and 10, except if the portion of the protective fence on Lot 9 in the area of the driveway may be
removed to install the driveway with the approval of the City Arborist; the removal of a section of the
fence should not disturb the maintenance irrigation system installed within the tree protective fencing;
27. that special inspections by the City Arborist, to be funded by the property owner, shall include being 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 and
during digging for removal or installation of any utilities; and that the special inspections by the City
Arborist shall occur once a week or more frequently as required by the conditions of approval and
shall include written documentation by the project arborist that all tree protection measures are in
place and requirements of the conditions of approval are being met; and that the City Arborist shall
also stop work for any violation of the conditions related to the protection, conservation and
C^
City of Burlingame Planning Commission Approved Minutes
maintenance of trees on the site;
July 9, 2007
28. that under the observation of the City 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; and that if any roots greater than 2 inches in diameter are encountered during the
digging for the pier holes, the project 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; and that if at any time during the installation of the pier
and grade beam foundations roots greater than 2 inches in diameter must be cut, the situation must
be documented by the project arborist and approved by the City Arborist prior to the time the roots are
cut;
29. 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, the report shall be approved
prior to the issuance of a building permit for construction on the site; and if at any time during the
construction the pier locations must be altered to accommodate a Redwood tree root, the structural
changes must be approved by the Building Department prior to the time any such root is cut or
damaged;
30. that the property owner shall submit a complete landscape plan for approval by the City Arborist prior
to a Building permit being issued to address the landscaping and fence installation on the site,
including plantings, irrigation, electricity, fences, retaining walls and soil deposits on the site;
installation of all landscape features shall be overseen by the project arborist and regularly inspected
by the City A�borist, including fence post holes; and work shall be stopped and plans revised if any
roots of 2 inches in diameter or greater are found in post holes or any new landscape materials added
endanger the redwood trees;
31. that no fencing of any kind shall be allowed for the first 65'-0" along the side properly line befinreen
Lots 9 and 10;
32. that for tree maintenance the property owner shall be responsible for maintenance of the protected
Redwood grove during demolition and construction work on the project and for a 5-year post
construction maintenance program for the Redwood trees and their root structure; including deep root
fertilizing, beginning upon final inspection; this maintenance program shall be as recommended bythe
CityArborist based on site studies and experience during construction; and thatthe propertyownerof
record 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 (issuance of an occupancy
permit) on the project and every finro years thereafter for a period of 5 years;
33. that the property owner shall deposit with the City $118,780 based on the appraisal of the value of the
four Redwood trees accepted by the City Arborist and City Attorney on Lots 9 and 10, as security to
the City against one or more of the Redwood trees dying as the result of construction orwithin 5 years
of the completion of construction due to problems attributable to construction; these funds shall be
available to the City Arborist to cover any necessary removal costs, cover any unperformed
maintenance or other corrective activities regarding the grove of Redwood trees; nothing 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 trees;
34. that for purposes of these conditions the project arborist is a certified arborist hire by the property
owner/developer; a certified arborist means a person certified by the International Society of
Arboriculture as an arborist;
35. that before issuance of any demolition or building permit, the property owner shall record a deed
7
City of Burlingame Planning Commission Approved Minutes
July 9, 2007
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;
36. that the project shall meet all the requirements of the Califomia Building and Fire Codes, 2001 Edition,
as amended by the City of Burlingame;
37. that before any grading or construction occurs on the site, these conditions and a set of approved
plans shall be posted on a weather-proofed story board at the front of the site to the satisfaction of the
Building Department so that they are readily visible and available to all persons working or visiting the
site;
38. that if work is done in violation of any requirement in these conditions prior to obtaining the required
approval of the City Arborist, and/or the Building Division, work on the site shall be immediately halted,
and the project shall be placed on a Planning Commission agenda to determine what corrective steps
should be taken regarding the violation;
39. that 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;
40. 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;
41. that the property owner shall maintain throughout construction 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;
42. that prior to issuance of a building permit for construction on Lot 9, the property owner shall ensure
maintenance of the supplemental irrigation system of approximately 250 feet of soaker hoses attached
to an active hose bib, 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 finro 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 finro weeks, until the
upper 24-inches of soil is thoroughly saturated; the City Arborist shall periodically test the soil moisture
to ensure proper irrigation;
8
City of Burlingame Planning Commission Approved Minutes
July 9, 2007
43. that prior to issuance of a building permit for construction on Lot 9, the property owner shall ensure
maintenance of 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 NotAlteror Remove" and in
the event of movement or problem call a posted emergency number;
44. that the Redwood Tree Grove Protective Fencing on Lot 9 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;
45. that before issuance of a building permit, the property owner shall deposit $7,500 with the Planning
Department to fund, on an hourly basis, the City Arborist inspections as required by the conditions of
approval 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 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;
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 forfailure to maintain the funding
in this arborist inspection account, the property owner shall be required to deposit finro 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 a licensed arborist inspector on lot 9 selected by the City
Arborist and approved by the Community Development Director.
46. that prior to the final inspection, the applicant shall work with the property owner adjacent to Lot 9 to
determine the type of fence and/or landscaping to replace the existing brick pillars separated by grape
stake fencing.
The motion was seconded by Commissioner Terrones.
Commissioner Osterling noted that he would vote against the motion since he believes that the cash deposit
for the Redwood grove should be released.
Chair Deal called for a voice vote on the motion to approve. The motion passed 4-1-2 (Commissioner
Osterling dissenting, Commissioners Cauchi and Vistica absent). Appeal procedures were advised. This
item concluded at 7:50 p.m.
�
City of Burlingame Planning Commission Approved Minutes
July 9, 2007
3. 1537 DRAKE AVENUE, LOT 10, ZONED R-1 - APPLICATION FOR AMENDMENT TO MITIGATED
NEGATIVE DECLARATION, DESIGN REVIEW, CONDITIONAL USE PERMIT FOR EMERGING LOTS,
AND SPECIAL PERMITS FOR BUILDING HEIGHT AND DECLINING HEIGHT ENVELOPE TO
CONSTRUCT A NEW TWO-STORY SINGLE FAMILY DWELLINGS (OTTO MILLER, APPLICANT AND
PROPERTY OWNER; JAMES CHU, CHU DESIGN & ENGR., INC., DESIGNER) (55 NOTICED)
PROJECT PLANNER: RUBEN HURIN
Reference staff report dated July 9, 2007, with attachments. Planner Hurin presented the report, reviewed
criteria and staff comments. Forty-five (45) conditions were suggested for consideration.
Chair Deal opened the public hearing at 7:57 p.m.
Mark Hudak, 216 Park Road, Burlingame, represented the applicant.
There were no Commissioner comments.
Janet Garcia, 1561 Drake Avenue, encouraged retention of the cash deposit related to the Redwood grove.
There were no further comments and the public hearing was closed at 7:18 p.m.
CommissionerAuran moved to approve the application, by resolution, with the following conditions:
that the project shall be built as shown on the plans submitted to the Planning Department date
stamped March 13, 2007, sheets A.1, A.4, A.5, U.1, L1.1, S.1 and D.1 through D.4, and date stamped
June 7, 2007, sheets A.2, A.3, A.4A, A.4B, A.5A, A.56, A.6 and L1.0;
2. that any changes to the size or envelope of the 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;
3. that prior to scheduling the framing inspection the project architect or residential designer, or another
architect or residential design professional, shall provide an architectural certification that the
architectural details shown in the approved design which should be evident at framing, such as
window locations and bays, are built as shown on the approved plans; architectural certification
documenting framing compliance with approved design shall be submitted to the Building Division
before the final framing inspection shall be scheduled;
4. that prior to final inspection, Planning Division 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, June 27,
2005, and June 18, 2007, memos, the Fire Marshal's September 3, 2002, June 22, 2005, and June
18, 2007 memos, the Chief Building Official's August 5, 2002, June 27, 2005, and June 15, 2007
memos, the Recycling Specialist's August 27, 2002, and June 27, 2005 memos, the NPDES
Coordinator's June 27, 2005, memo, and the City Arborist's September 3, 2002, and April 3 and May
10
City of Burlingame Planning Commission Approved Minutes July 9, 2007
21, 2003, and April 13, 2007 memos shall be met;
7. that any grading or earth moving on the site shall be required to have a City grading permit, be
overseen by the project arborist, inspected by the City Arborist, and be required to comply with all the
regulations of the Bay Area Air Qualiry 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 10; use of all hand tools shall comply with the requirements of the City's noise
ordinance;
9. that 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 occurwithin the redwood tree grove
protective fencing on Lot 10;
10. that construction materials shall not be staged on Lot 9; all heavy equipment and materials shall be
staged along the right side of the property on Lot 10;
11. that at no time shall any equipment exceeding 18,000 LBS be allowed to be within 30 feet of the
currently fenced off Redwood Tree Grove protection zone;
12. that prior to the placement or use of any motorized equipment within 30 feet of the currently fenced
Redwood Tree Grove protection zone, a protective layer of mulch one foot deep with 3/4 inch plywood
on top, shall be installed and inspected by the project arborist to avoid further soil compaction of the
area; post construction the protective plywood and mulch may be removed as approved by the project
arborist;
13. 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;
14. 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;
15. that all new utility connections to serve the site, and which are affected by the development, shall be
installed along the right side property line 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 the project arborist and inspection by the City Arborist;
16. that the new sewer connection to the public sewer main shall be installed along the right side property
line to City standards as required by the development;
17. 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;
18. 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;
19. 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;
20. that all runoff created during construction and future discharge from the site will be required to meet
National Pollution Discharge Elimination System (NPDES) standards;
11
City of Burlingame Planning Commission Approved Minutes
21. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance;
July 9, 2007
22. that the project property owner shall obtain Planning Commission approval for any revisions to the
proposed house and/or accessory structure or necessary changes to the tree protection program or to
address new issues which may arise during construction;
23. that 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 Community Development Director
and the recommendations of the expert have been executed to the satisfaction of the City;
24. that 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 the project arborist and regularly
inspected by the City Arborist;
25. 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; that the root protection fencing shall not be removed until construction is complete on Lots 9
and 10, except if the portion of the protective fence on Lot 9 in the area of the driveway may be
removed to install the driveway with the approval of the City Arborist; the removal of a section of the
fence should not disturb the maintenance irrigation system installed within the tree protective fencing;
26. that the 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 the project arborist and approved by the
City Arborist; that if any roots greater than 3 2 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 project arborist and approved by the City Arborist prior to cutting any roots; and that if at any time
the project 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;
27. that special inspections by the City Arborist, to be funded by the property owner, shall include being 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, and
during digging for removal or installation of any utilities; that the special inspections by the City Arborist
shall occur once a week or more frequently as required by the conditions of approval and shall include
written documentation by the project arborist that all tree protection measures are in place and
requirements of the conditions of approval are being met; that no materials or equipment shall be
stockpiled or stored in any area not previously approved by the City Arborist; and that 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;
28. that under the observation of the City 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; that if any roots greater than 2 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; and that if at any time
during the installation of the pier and grade beam foundations roots greater than 2 inches in diameter
must be cut, the situation must be documented by the project arborist and approved by the City
Arborist prior to the time the roots are cut;
29. 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
12
City of Burlingame Planning Commission Approved Minutes
July 9, 2007
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; and that if at any time during the
construction the pier locations must be altered to accommodate a Redwood tree root, the structural
changes must be approved by the Building Department prior to the time any such root is cut or
damaged;
30. that the property owner shall submit a complete landscape plan for approval by the City Arborist prior
to a Building permit being issued to address the landscaping and fence installation on the site,
including plantings, irrigation, electricity, fences, retaining walls and soil deposits on the site;
installation of all landscape features shall be overseen by the property owner's arborist and regularly
inspected by the City Arborist, including fence post holes; and work shall be stopped and plans
revised if any roots of 2 inches in diameter or greater are found in post holes or any new landscape
materials added endanger the redwood trees;
31. that no fencing of any kind shall be allowed for the first 65'-0" along the side property line between
Lots 9 and 10;
32. that for tree maintenance the property owner shall be responsible for maintenance of the protected
Redwood grove during demolition and construction work on the project and for a 5-year post
construction 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; and that the
property owner of record 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
(issuance of an occupancy permit) on the project and every two years thereafter for a period of 5
years;
33. that the property owner shall deposit with the City $118,780 based on the appraisal of the value of the
four Redwood trees accepted by the City Arborist and City Attorney on Lots 9 and 10, as security to
the City against one or more of the Redwood trees dying as the result of construction or within 5 years
of the completion of construction due to problems attributable to construction; these funds shall be
available to the City Arborist to cover any necessary removal costs, cover any unperformed
maintenance or other corrective activities regarding the grove of Redwood trees; nothing 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 trees;
34. that for purposes of these conditions the project arborist is a certified arborist hire by the property
owner/developer; a certified arborist means a person certified by the International Society of
Arboriculture as an arborist;
35. that before issuance of any demolition or building 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
13
City of Burlingame Planning Commission Approved Minutes
July 9, 2007
with a certified arborist, and if any damage to the trees occurs, will result in penalties and
possible criminal prosecution;
36. that the project shall meet all the requirements of the California Building and 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;
37. that before any grading or construction occurs on the site, these conditions and a set of approved
plans shall be posted on a weather-proofed story board at the front of the site to the satisfaction of the
Building Department so that they are readily visible and available to all persons working or visiting the
site;
38. that if work is done in violation of any requirement in these conditions prior to obtaining the
required approval of the City Arborist, and/or the Building Division, work on the site shall be
immediately halted, and the project shall be placed on a Planning Commission agenda to
determine what corrective steps should be taken regarding the violation;
39. that the Redwood Tree Grove Protective Fencing shall be maintained during construction on Lot 10,
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;
40. 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;
41. that the property owner shall maintain throughout construction a three-inch thick layer of well aged,
course wood chip mulch (not bark) and a finro-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;
42. that prior to issuance of a building permit for construction on Lot 10, the property owner shall ensure
maintenance of the supplemental irrigation system of approximately 250 feet of soaker hoses attached
to an active hose bib, 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 finro 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;
43. that prior to issuance of a building permit for construction on Lot 10, the property owner shall ensure
maintenance of 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 NotAlteror Remove" and in
the event of movement or problem call a posted emergency number;
44. that the Redwood Tree Grove Protective Fencing on Lot 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
14
City of Burlingame Planning Commission Approved Minutes July 9, 2007
been determined by the City Arborist and the property owner has implemented all corrective measures
and they have been approved by the City Arborist; and
45. that before issuance of a building permit, the property owner shall deposit $7,500 with the Planning
Department to fund, on an hourly basis, the City Arborist inspections as required in the conditions of
approval of 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
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 finro 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 ArborisYs selected licensed arborist inspector
on lot 10 selected by the City Arborist and approved by the Community Development Director.
The motion was seconded by Commissioner Terrones.
Commissioner Osterling asked if the cash deposit would still be retained if Condition 33 were eliminated
from the conditions of approval for Lot 10. Community Development Director Meeker responded that since
the requirement for the deposit remains with Lot 9, the applicant would still be required to leave it on deposit
with the City.
Chair Deal called for a voice vote on the motion to approve. The motion passed 5-0-2 (Commissioners
Cauchi and Vistica absent). Appeal procedures were advised. This item concluded at 8:02 p.m.
15
sUCt4rNGai�AL
COMMUNITY DEVELOPMENT DEPARTMENT • 5O1 PRIMROSE ROAD • BURLINGAME, CA 94010
p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org
APPLICATION TO THE PLANNING COMMISSION
Type of application:
❑ Design Review ❑ Variance ❑ Parcel #:
❑ Conditional Use Permit ❑ Special Permit I�' Other: v+nth w�t•�
PROJECT ADDRESS: ( S3'7 d- /�Y 3� i�- /cc �--��� �,.e
O Please indicate the contact person for this project
APPLICANT project contact person ❑
OK to send electronic copies of documents ❑
Name: 6 �� �/!�l i l �e�
Address: �� � . /t�oX / �- (
City/State/Zip: �u. �%�cC !I-rn P ('�¢ �''1 �fU/ /
Phone: �� C'c� 3� O—�ll�
Fax: � C� zZi7 3�{ O—�fY 3�
E-mail: __ o�-fv � Uf-�ov+1 i 6�e�' �d/�'I
PROPERTY OWNER project contact person ❑
OK to send electronic copies of documents ❑
Name:
Address:
City/State/Zip:
Phone:
Fax:
E-mail:
ARCHITECT/DESIGNER Pro�ect contact Person ❑
OK to send electronic copies of documents ❑
Name: � iae c.-c fi��,c -r e ��--�
Address: _ S�S Gt� .�f 3 �c� � ��
City/State/Zip: S�-z �/Ll,q.-�+e.� . Cf� '�j `-f � 03
., �< �.M. i v .,,a �..,r
Phone: (� 5����F.� 5 a� G
Fax: CGs�� 3`fs= �r3�j 1� 2L��G
: G„ ,�, i��� �',`,.1�=
E-mail: ��rmes �c��l es�cn�.C��► ..
�k Burlingame Business License #:
PROJECT DESCRIPTION: �� C� wl L►� �I
..d �'-h �• s d-� A ,�nm�a 1.
AFFADAVIT/SIGNATURE: I hereby certify under penalty of perjury that the information given herein is true and correct to the
best of my knowledge and ef. �
Applicant's signature:��� � Date: ( l�`�( U�/
I am aware of the proposed application and hereby authorize the above applicant to submit this application to the Planning
Commission. �� c� ,.
Property owner's signature:��Y.(�\i��"" `� Date: l( ��/( O�1
Date submitted:
yt Verification that the project architect/designer has a valid Burlingame business license will be required by the
Finance Department at the time application fees are paid.
❑ Please mark one box above with an X to indicate the contact person for this project. S:�Handouts�PC Application 20o8-B.handout
CiTY OF BURLINGAINf�
City Hall — 501 P�irnrose Roaci
Buriingsme, CalirFamia 94010-3997
____
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PH: (B5t1) 558-7i50
FAX: (��p) 69�i-379G
January 20, 20Q9
Ta: Ruben Hurin, Seniar Planner
From: Steve Porter, Arborist ,
RE: Tree Protection Deposit / 1537 and 1543 Drake Avenue
����g`�°��.'�
,iAN � �) 200�
CITY OF BURLINGAME
PLANNING DEPT.
In response to Otto Miller's request to release the tree protection funds, I do agree with the
Mayne 'Tree Arborist report, (12/17/08), that the Redwood 'Tree Grove is currently in excellent
condition and that it has fully recovered from the accidental root damage which occurred during
initial site �rading five years ago. I also agree that there has been no further damage to the trees
to date, and that so far the constructi.on has followed the tree protection recommendations and the
conditions of a�proval.
I am in support of a request by Mr. Miller to an amendment to the conditions of approval for
release of the funds, although, only after completion of the building project. To insure that no
further construction accidents or stress to the �;rove of trees occurs, that all tree protections,
conditions of approval, and all necessary documentation regarding the trees are in place, I intend
to inspect and sign off on the project only after all other City departments have done sa.
COMMUNITY DEYEL�PMENT DEPARTMEAlT
Miller Develoament
P.O. Box 121
Burlingame, CA 94011
(650) 340-8112
(650) 340-8435 Fax
January 14, 2009
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
Attn: Planning Commission
Re: 1537 & 1543 Drake — monies held by City of Burlingame
Dear Planning Commission:
..� �.. � ^ �.w �. ,.}'
;a�� �. �4 20��
Ci= E34.'R�..I�I;.n,N!E:.
;�� - - -�.
On November 7, 2003, I deposited $118,780.00 with the City of Burlingame, as security
deposit for the redwood trees at 1537 and 1543 Drake Avenue. This money was deposited in
lieu of a bond because a bonding company could not bond the trees in the rx�anner the City
requested. The money was to be held for five years. This time period was designed to cover
the period of construction, to insure against any damage caused by the construction.
The pier-and-grade-beam grade foundation and final grading is done and the rest of the
construction poses no risk to the redwoods. (The pier-and-grade-beam foundation was
designed explicitly to eliminate any impact to the redwood trees.) Mayne Tree Expert
Company has monitored the trees for the past five years, closely with Steve Porter, City
Arborist. Mayne and Steve Porter were both overseeing the start of the new construction
from the digging of the piers to the final grading of the lots, and both were very pleased with
the results. I have attached a letter from Mayne Tree Expert Company stating that the trees
are in excellent condition and Steve Porter will confirm that.
Waiting a full five years to start construction was beneficial to the trees, and had I started in
2003 my money would have been returned to me by now.
I feel that the City of Burlingame no longer needs to hold my money, because I have
accomplished what we set out to do. I have built many homes in Burlingame in the last
twenty years and have not had a similar condition placed upon any other project.
I feel that the intent of the monies has been well served. The trees are healthy and
unaffected by the construction. I respectfully request that the City of Burlingame return the
money to me.
Sincerely,
� �°' VV�
Otto Miller
Otto J. Miller
P.O. Box 121
Burlingame, �CA 94010
(650) 340-8112 ph
(650) 340-8435 fax
December 19, 2008
William Meeker
Community Development'Director
Ci.ty of Burlingame �
50.1 Primrose R.oad
Burlingame, CA 94010
Re: Deposit for tree protection on Drake Avenue
Dear Bill:
I own the lots at 1537 and 1543 Drake Boulevard.
��������
DEC 1 � 2008
CITY OF BL!RLINGAME
PLANNING DEPT.
More than five yeazs ago some grading was done on these lots, and during the grading some
tree roots were cut. At that time, the City required that I institute a remediation program that
ancluded mitigation measures for the trees and special requirements for the foundations of
the houses to be built. In addition, I was� supposed to post a bond for the value of each tree
($118,700 in total) to ensure that the remediation program would be carried out. There was
no surety company willing to write such an unusual bond, so I ended up having to post the
entire $118,700 in cash. The deposit was supposed to be in place for five years after the
houses were built. _ �
At the time, I expected to proceed with the new homes right away. However, I did not begin
construction until #he fall of this year. So, the trees were untouched during the entire five
years before construction began. During that tixne, my arborist performed all the mitigation,
including mulching, watering, fertilizing, and regular•pruning, that was agreed to, with Steve
Porter, City Arborist. Through the passage of time and the mitigation measures, the trees are
doing beautifully. My arborist has written a letter to the City Arborist, Steve Poiter,
certifying the health of the trees. I believe that Mr. Porter�agrees witli this assessment.
The grading on the lots is complete. We completed the installation of the special pier
foundation for both houses, and above-ground construction is well under way. The balance
of construction from now until completion will have no impact on the trees. The trees are
fully protected with fencing and signage, which will stay i,n place, until the City Arborist
recommends removal. •
Steve Porter, City Arborist, has been involved in this project since its inception, and has
continually monitored the condition and maintenance of the trees. Steve Porter has visited the
site before, during and after grading and installation the foundations and was very pleased
At this point, I feel that the purposes of the remediation program have been fulfilled. The
trees should be treated in the same_ way as trees at any other site. Burlingame has allowed
construction of homes and garages much closer to redwood trees than the houses on these
two lots, but no one else has been required to put up a deposit. There is no need for the City
to continue to hold my funds any longer.
The bond/deposit was part of the coriditions of approval for these two homes. I would like
to initiate the process of having these conditions amended due to the (positive) changes that
have occurred since the date of approval. Please let me know what I need to� do to get this
process started. ,
Sincerel ,
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�o� v r
Otto Miller
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Mr. Steven Porter
City Arborist
City of Burlingame
Parks & Recreation Department
850 Burlingame Avenue
Burlingame, CA 94010
Dear Mr. Porter,
RE: 1537 DRAKEAvE., BURLINGAME
December 17, 2008
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This letter is to inform you that the redwood trees located at 1537 and 1543 Drake
Avenue are in excellent condition and have fully recovered.
The roats of some of these trees were damaged in a grading acciden► rriore than five
years ago. At that time, I worked with the City Arborist, Steve Porter, and an outside
consultant hired by the City to develop a remediation plan for these irees. i he
consensus was that the trees would need five years of peace to reco�er. The
remediation pian was implemented with that in mind.
At the fiime we were working on the plan, we assumed that the property owner would
begin construction on these lots right away. However, construction did not start until this
past fali, so the trees got almost five full years of remediation without any additional
stress. This was a better outcome than we had anticipated when designing the
remediation measures. I am enclosing a list of all of the mitigation we have performed
during the remediation period.
As a result of the long delay in beginning construction, the trees have recovered
beautifully and show no continued effects from the original accident. I believe that the
City Arborist agrees with this assessment.
Our of�ice obser�Jed the instailation of the special footings for the new residences to
ee�sure that the trees were protected. The foundations were installed without incident.
The trees cantinue to be protected by fencing, signs, and the other required measures.
The trees are unlikely to be affected by the remaining construction of the houses, now
that the foundations are installed.
_ __ __. _ ....._
__ __.__ ____
__.
0
1537 Drake Ave., Burlingame - 2- December 17, 2008
Based on these factors, I believe that the purpose of the rernediation program has been
more than satisfied. I know that the property owner has pu# up cash ta secure
performance of the mitigation measures, and it would be appropriate to release these
funds now.
Sincerely, , ; / -
j/" / t� ._ /�j,W �� � � `
�' y i`.� /i.�i.,.�-L-� � . JF .
,./ ' !
Richard L. Huntington �pG1ETY 4F � ,r�r���qr�
Certified Arborist WE #0119A �����p L H�NI���a�� ,. �Q�oti. K�►NTiNG�9Fs�
Certified Forester #1925
w � � � � U O� �1
RLH:pmd ,z No. WE-04f9A � a� No.192� `�
cc: Ruben Hurin, City Pfanner ;� �
Roy Abrams, City Attorney � � �� *
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9537 DrakeA�e., Burlingame
Date �f
report
04-05-2001
02-04-2002
06-14-2002
04-28-2003
06-11-2Q03
09-08-2003
10-02-2003
10-09-2003
11-26-2003
01-23-2004
42-1 �J-2Q04
03-04-2004
05-13-2004
06-22-2006
09-18-2�306
09-28-2006
10-19-2006 "
05-22-2007
07-21-2008
07-30-2008
Activity
-3-
Initial visit
Initial impact report
Demoiition impact report
Determining rooi cieptn
Excavation inspection
Tree appraisals
Determining root depth
Inspecting tree protection
fencing �
Inspection of mistaken
excavation
On-site discussion of air
spade
Inspect air spade excavation
Pier hole root probing
Fertilized redwoods
Discussion on driveways
Reviewing proposed
landscape
Site review
Proposed lot #9 driveway
Inspecting tree health
Pier hole on-site discussion
Pier hole inspection
December 17, 2008
Nlitigat�ng action
N/A
Report
Mulching & fertilizing on drip system
r�Epe��i of ii�dings
Flip driveway — expand tree
Report on findings
Report & watering recommended
Report on root cutting — fill hole
Repo�t done
Report on findings
Report on findings
800 gallons of 22-14-14
Report on findings
Report on findings
Aerate filled area (see 11-26-2�03)
Report on findings
Report on findings
Report on findings
Report on findings
RESOLUTION APPROVING AMENDMENT TO CONDITIONS OF APPROVAL
RESOLVED, by the Planning Commission of the City of Burlingame that:
WHEREAS, an application has been made for Amendment to Conditions of Approval reqardinq
security deposit for existinq Redwood trees related to a new sinqle family dwellings under
construction at 1537 Drake Avenue, zoned R-1, Otto Miller, P.O. Box 121, Burlinqame, CA,
94011, propertv owner, APN: 026-033-280;
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
February 9, 2009, 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 RESOLVED and DETERMINED by this Planning Commission that:
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 Mitigated Negative Declaration ND-523P, is hereby approved.
2. Said Amendment to Mitigated Negative Declaration, Design Review, Conditional Use
Permit and Special Permits is approved, subject to the conditions set forth in Exhibit "A"
attached hereto. Findings for such Amendment to Conditions of Approval are as set
forth in the minutes and recording of said meeting.
3. It is further directed that a certified copy of this resolution be recorded in the official
records of the County of San Mateo.
Chairman
I, , Secretary of the Planning Commission of the City of Burlingame, do hereby
certify that the foregoing resolution was introduced and adopted at a regular meeting of the
Planning Commission held on the 9`h day of Februarv, 2009 by the following vote:
Secretary
EXHIBIT "A"
Amended Conditions of Approval.
1537 Drake Avenue
Effective February 19, 2009
that the project shall be built as shown on the plans submitted to the Planning Department date
stamped March 13, 2007, sheets A.1, A.4 through A.6, U.1, L1.1, S.1 and D.1 through D.4, and
date stamped June 7, 2007, sheets A.2, A.3, A.4A, A.4B, A.5A, A.5B and L1.0; 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 to the tree protection plan or
tree trimming shall require review by the Planning Commission and an amendment to this
permit;
2. that any changes to the size or envelope of the 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;
3. that prior to scheduling the framing inspection the project architect or residential designer, or
another architect or residential design professional, shall provide an architectural certification
that the architectural details shown in the approved design which should be evident at framing,
such as window locations and bays, are built as shown on the approved plans; architectural
certification documenting framing compliance with approved design shall be submitted to the
Building Division before the final framing inspection shall be scheduled;
4. that prior to final inspection, Planning Division 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 Engineer's April 8, May 31, June 4, August 15 , August 30, and
October 15, 2002, June 27, 2005, and June 18, 2007 memos, the Fire Marshal's September 3,
2002, June 23, 2005 and June 18, 2007 memos, the Chief Building Official's August 5, 2002,
June 27, 2005 and June 15, 2007 memos, the Recycling Specialist's August 27, 2002, and
June 27, 2005 memos, the NPDES Coordinator's June 27, 2005 memo, and the City Arborist's
September 3, 2002, and April 3 and May 21, 2003, and April 13, 2007 memos shall be met;
7. that any grading or earth moving on the site shall be required to have a City grading permit, be
overseen by the project 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;
EXHIBIT "A"
Amended Conditions of Approval.
1537 Drake Avenue
Effective February 19, 2009
Page 2
8. that there shall be no heavy equipment operation or hauling permitted on weekends or holidays
during the development of Lot 9; use of all hand tools shall comply with the requirements of the
City's noise ordinance;
9. that as much employee parking as possible shall be accommodated on the site during each of
the phases of development; construction activity and parking shall not occur within the redwood
tree grove protective fencing on Lot 9;
10. that construction of the house and attached garage on Lot 9 shall be completed through Lot 10
at rear of Lot 9;
11. that heavy construction materials and equipment shall not be delivered to the site or stored at
the front of Lot 9 in the designated driveway area;
12. that at no time shall any equipment exceeding 18,000 LBS be allowed to be within 30 feet of the
currently fenced off Redwood Tree Grove protection zone;
13. that prior to the placement or use of any motorized equipment within 30 feet of the currently
fenced Redwood Tree Grove protection zone, a protective layer of mulch one foot deep with 3/4
inch plywood on top, shall be installed and inspected by the project arborist to avoid further soil
compaction of the area; post construction the protective plywood and mulch may be removed
as approved by the project arborist;
14. 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;
15. 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;
16. that all new utility connections to serve the site, and which are affected by the development,
shall be installed along the left side property line between the driveway and property line to
meet current code standards; 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 the project arborist and inspection by the City Arborist;
17. that the new sewer connection to the sewer main in the street shall be installed along the left
side property line to City standards as required by the development;
EXHIBIT "A"
Amended Conditions of Approval.
1537 Drake Avenue
Effective February 19, 2009
Page 3
18. 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;
19. 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;
20. 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;
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 or necessary changes to the tree protection program or to address new
issues which may arise during construction;
24. that should any cultural resources be discovered during construction, work shall be halted until
they are fully investigated by a professional accepted as qualified by the Community
Development Director and the recommendations of the expert have been executed to the
satisfaction of the City;
25. that no installation work on the driveway or landscaping on the site shall occur until the timing,
design, method of construction and materials have been approved by the City Arborist, and the
project 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 for
compliance with the approved materials and method of installation; it shall be the responsibility
of the property owner to notify the City Arborist when construction of the driveway on Lot 9 is to
begin;
26. 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; and that the root protection fencing shall not be removed until
construction is complete on Lots 9 and 10, except if the portion of the protective fence on Lot 9
in the area of the driveway may be removed to install the driveway with the approval of the City
Arborist; the removal of a section of the fence should not disturb the maintenance irrigation
system installed within the tree protective fencing;
EXHIBIT "A"
Amended Conditions of Approval.
1537 Drake Avenue
Effective February 19, 2009
Page 4
27. that special inspections by the City Arborist, to be funded by the property owner, shall include
being 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 and during digging for removal or installation of any utilities; and that the
special inspections by the City Arborist shall occur once a week or more frequently as required
by the conditions of approval and shall include written documentation by the project arborist
that all tree protection measures are in place and requirements of the conditions of approval are
being met; and that the City Arborist shall also stop work for any violation of the conditions
related to the protection, conservation and maintenance of trees on the site;
28. that under the observation of the City 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; and that if any roots greater than 2 inches in
diameter are encountered during the digging for the pier holes, the project 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;
and that if at any time during the installation of the pier and grade beam foundations roots
greater than 2 inches in diameter must be cut, the situation must be documented by the project
arborist and approved by the City Arborist prior to the time the roots are cut;
29. 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,
the report shall be approved prior to the issuance of a building permit for construction on the
site; and if at any time during the construction the pier locations must be altered to
accommodate a Redwood tree root, the structural changes must be approved by the Building
Department prior to the time any such root is cut or damaged;
30. that the property owner shall submit a complete landscape plan for approval by the City Arborist
prior to a Building permit being issued to address the landscaping and fence installation on the
site, including plantings, irrigation, electricity, fences, retaining walls and soil deposits on the
site; installation of all landscape features shall be overseen by the project arborist and regularly
inspected by the City Arborist, including fence post holes; and work shall be stopped and plans
revised if any roots of 2 inches in diameter or greater are found in post holes or any new
landscape materials added endanger the redwood trees;
31. that no fencing of any kind shall be allowed for the first 65'-0" along the side property line
between Lots 9 and 10;
EXHIBIT "A"
Amended Conditions of Approval.
1537 Drake Avenue
Effective February 19, 2009
Page 5
32. that for tree maintenance the property owner shall be responsible for maintenance of the
protected Redwood grove during demolition and construction work on the project and for a 5-
year post construction maintenance program for the Redwood trees and their root structure;
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; and that the property owner of record 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 (issuance of an occupancy permit) on the project and every
two years thereafter for a period of 5 years;
33. a. The property owner shall provide evidence of an "irrevocable letter of credit" in a form
acceptable to the City Attorney, that: 1) provides for funding in the amount of $5,615 to cover
the cost of 5-years of ongoing maintenance of the Redwood grove present at 1537 and 1543
Drake Avenue, as outlined in Mayne Tree Expert Company's February 3, 2009 proposal
addressed to Community Development Director William Meeker; payment for the annual cost of
the required maintenance may be from the letter of credit by the property owner upon notice to
and approval by City; the letter of credit will be reduced by the amount of the annual invoice
provided by Mayne Tree Expert Company for the performance of said services, upon
submission of a copy of the invoice to the City of Burlingame Community Development
Department; and 2) provides for an additional $15,000 to be held for a 5-year period beyond the
completion of project construction (i.e. certificate of occupancy/final inspection) to cover the
cost of tree replacement if a failure occurs.
b. The $118,780 cash deposit currently held by the City of Burlingame shall be released to
the property owner upon certification by the City Arborist that the construction-related mitigation
measures in the conditions of approval have been completed; confirmation that certificates of
occupancy/final inspections have been granted for the homes constructed at 1537 and 1543
Drake Avenue; and submission of proof of an irrevocable letter of credit, in favor of the City, as
outlined in items 1) and 2) above. In the event an irrevocable letter of credit cannot be obtained
by the property owner; the amount of the cash deposit released by the City shall be decreased
by the amounts stated; the remaining funds on deposit shall be placed in an interest-bearing
account at a rate not to exceed the current LAIF ("Local Agency Investment Fund") rate.
34. that for purposes of these conditions the project arborist is a certified arborist hire by the
property owner/developer; a certified arborist means a person certified by the International
Society of Arboriculture as an arborist;
EXHIBIT "A"
Amended Conditions of Approval.
1537 Drake Avenue
Effective February 19, 2009
Page 6
35. that before issuance of any demolition or building 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;
36. that the project shall meet all the requirements of the California Building and Fire Codes, 2001
Edition, as amended by the City of Burlingame;
37. that before any grading or construction occurs on the site, these conditions and a set of
approved plans shall be posted on a weather-proofed story board at the front of the site to the
satisfaction of the Building Department so that they are readily visible and available to all
persons working or visiting the site;
38. that if work is done in violation of any requirement in these conditions prior to obtaining the
required approval of the City Arborist, and/or the Building Division, work on the site shall be
immediately halted, and the project shall be placed on a Planning Commission agenda to
determine what corrective steps should be taken regarding the violation;
39. that 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;
40. 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;
EXHIBIT "A"
Amended Conditions of Approval.
1537 Drake Avenue
Effective February 19, 2009
Page 7
41. that the property owner shall maintain throughout construction 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;
42. that prior to issuance of a building permit for construction on Lot 9, the property owner shall
ensure maintenance of the supplemental irrigation system of approximately 250 feet of soaker
hoses attached to an active hose bib, 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;
43. that prior to issuance of a building permit for construction on Lot 9, the property owner shall
ensure maintenance of 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;
44. that the Redwood Tree Grove Protective Fencing on Lot 9 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;
45. that before issuance of a building permit, the property owner shall deposit $7,500 with the
Planning Department to fund, on an hourly basis, the City Arborist inspections as required by
the conditions of approval 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 15t'' 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"' 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;
EXHIBIT "A"
Amended Conditions of Approval.
1537 Drake Avenue
Effective February 19, 2009
Page 8
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 a licensed arborist inspector on lot 9 selected by
the City Arborist and approved by the Community Development Director.
46. that prior to the final inspection, the applicant shall work with the property owner adjacent to Lot
9 to determine the type of fence and/or landscaping to replace the existing brick pillars
separated by grape stake fencing.
RESOLUTION APPROVING AMENDMENT TO CONDITIONS OF APPROVAL
RESOLVED, by the Planning Commission of the City of Burlingame that:
WHEREAS, an application has been made for Amendment to Conditions of Approval regardinq
security deposit for existinq Redwood trees related to a new sinqle family dwellinqs under
construction at 1543 Drake Avenue, zoned R-1, Otto Miller, P.O. Box 121, Burlinqame, CA,
94011, property owner. APN: 026-033-280;
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
Februar�r 9, 2009, 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 RESOLVED and DETERMINED by this Planning Commission that:
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 Mitigated Negative Declaration ND-523P, is hereby approved.
2. Said Amendment to Mitigated Negative Declaration, Design Review, Conditional Use
Permit and Special Permits is approved, subject to the conditions set forth in Exhibit "A"
attached hereto. Findings for such Amendment to Conditions of Approval are as set
forth in the minutes and recording of said meeting.
3. It is further directed that a certified copy of this resolution be recorded in the official
records of the County of San Mateo.
Chairman
I, , Secretary of the Planning Commission of the City of Burlingame, do hereby
certify that the foregoing resolution was introduced and adopted at a regular meeting of the
Planning Commission held on the 9th day of Februarv, 2009 by the following vote:
Secretary
EXHIBIT "A"
Amended Conditions of Approval.
1543 Drake Avenue
Effective February 19, 2009
that the project shall be built as shown on the plans submitted to the Planning Department date
stamped March 13, 2007, sheets A.1, A.4, A.5, U.1, L1.1, S.1 and D.1 through D.4, and date
stamped June 7, 2007, sheets A.2, A.3, A.4A, A.4B, A.5A, A.5B, A.6 and L1.0;
2. that any changes to the size or envelope of the 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;
3. that prior to scheduling the framing inspection the project architect or residential designer, or
another architect or residential design professional, shall provide an architectural certification
that the architectural details shown in the approved design which should be evident at framing,
such as window locations and bays, are built as shown on the approved plans; architectural
certification documenting framing compliance with approved design shall be submitted to the
Building Division before the final framing inspection shall be scheduled;
4. that prior to final inspection, Planning Division 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,
June 27, 2005, and June 18, 2007, memos, the Fire Marshal's September 3, 2002, June 22,
2005, and June 18, 2007 memos, the Chief Building Official's August 5, 2002, June 27, 2005,
and June 15, 2007 memos, the Recycling Specialist's August 27, 2002, and June 27, 2005
memos, the NPDES Coordinator's June 27, 2005, memo, and the City ArborisYs September 3,
2002, and April 3 and May 21, 2003, and April 13, 2007 memos shall be met;
7. that any grading or earth moving on the site shall be required to have a City grading permit, be
overseen by the project 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 10; use of all hand tools shall comply with the requirements of
the City's noise ordinance;
EXHIBIT "A"
Amended Conditions of Approval.
1543 Drake Avenue
Effective February 19, 2009
Page 2
9. that 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;
10. that construction materials shall not be staged on Lot 9; all heavy equipment and materials shall
be staged along the right side of the property on Lot 10;
11. that at no time shall any equipment exceeding 18,000 LBS be allowed to be within 30 feet of the
currently fenced off Redwood Tree Grove protection zone;
12. that prior to the placement or use of any motorized equipment within 30 feet of the currently
fenced Redwood Tree Grove protection zone, a protective layer of mulch one foot deep with 3/4
inch plywood on top, shall be installed and inspected by the project arborist to avoid further soil
compaction of the area; post construction the protective plywood and mulch may be removed
as approved by the project arborist;
13. 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;
14. 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;
15. that all new utility connections to serve the site, and which are affected by the development,
shall be installed along the right side property line 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 the project
arborist and inspection by the City Arborist;
16. that the new sewer connection to the public sewer main shall be installed along the right side
property line to City standards as required by the development;
17. 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;
18. 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;
19. 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;
Amended Conditions of Approval.
1543 Drake Avenue
Effective February 19, 2009
Page 3
EXHIBIT "A"
20. that all runoff created during construction and future discharge from the site will be required to
meet National Pollution Discharge Elimination System (NPDES) standards;
21. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance;
22. that the project property owner shall obtain Planning Commission approval for any revisions to
the proposed house and/or accessory structure or necessary changes to the tree protection
program or to address new issues which may arise during construction;
23. that 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 Community
Development Director and the recommendations of the expert have been executed to the
satisfaction of the City;
24. that 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 the project arborist and
regularly inspected by the City Arborist;
25. 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; that the root protection fencing shall not be removed until construction is
complete on Lots 9 and 10, except if the portion of the protective fence on Lot 9 in the area of
the driveway may be removed to install the driveway with the approval of the City Arborist; the
removal of a section of the fence should not disturb the maintenance irrigation system installed
within the tree protective fencing;
26. that the 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 the project arborist and
approved by the City Arborist; that if any roots greater than � 2 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 project arborist and approved by the City Arborist prior
to cutting any roots; and that if at any time the project 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;
27. that special inspections by the City Arborist, to be funded by the property owner, shall include
being 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, and during digging for removal or installation of any utilities; that the special
inspections by the City Arborist shall occur once a week or more frequently as required by the
conditions of approval and shall include written documentation by the project arborist that all
tree protection measures are in place and requirements of the conditions of approval are being
met; that no materials or equipment shall be stockpiled or stored in any area not previously
approved by the City Arborist; and that 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;
EXHIBIT "A"
Amended Conditions of Approval.
1543 Drake Avenue
Effective February 19, 2009
Page 4
28. that under the observation of the City 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; that if any roots greater than 2 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; and that if at any time during the installation of the pier and grade beam foundations roots
greater than 2 inches in diameter must be cut, the situation must be documented by the project
arborist and approved by the City Arborist prior to the time the roots are cut;
29. 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; and
that if at any time during the construction the pier locations must be altered to accommodate a
Redwood tree root, the structural changes must be approved by the Building Department prior
to the time any such root is cut or damaged;
30. that the property owner shall submit a complete landscape plan for approval by the City Arborist
prior to a Building permit being issued to address the landscaping and fence installation on the
site, including plantings, irrigation, electricity, fences, retaining walls and soil deposits on the
site; installation of all landscape features shall be overseen by the property owner's arborist and
regularly inspected by the City Arborist, including fence post holes; and work shall be stopped
and plans revised if any roots of 2 inches in diameter or greater are found in post holes or any
new landscape materials added endanger the redwood trees;
31. that no fencing of any kind shall be allowed for the first 65'-0" along the side property line
between Lots 9 and 10;
32. that for tree maintenance the property owner shall be responsible for maintenance of the
protected Redwood grove during demolition and construction work on the project and for a 5-
year post construction 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; and that the property owner of record 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 (issuance of an occupancy permit) on
the project and every two years thereafter for a period of 5 years;
Amended Conditions of Approval.
1543 Drake Avenue
Effective February 19, 2009
Page 5
EXHIBIT "A"
33. a. The property owner shall provide evidence of an "irrevocable letter of credit" in a form
acceptable to the City Attorney, that: 1) provides for funding in the amount of $5,615 to cover
the cost of 5-years of ongoing maintenance of the Redwood grove present at 1537 and 1543
Drake Avenue, as outlined in Mayne Tree Expert Company's February 3, 2009 proposal
addressed to Community Development Director William Meeker; payment for the annual cost of
the required maintenance may be from the letter of credit by the property owner upon notice to
and approval by City; the letter of credit will be reduced by the amount of the annual invoice
provided by Mayne Tree Expert Company for the performance of said services, upon
submission of a copy of the invoice to the City of Burlingame Community Development
Department; and 2) provides for an additional $15,000 to be held for a 5-year period beyond the
completion of project construction (i.e. certificate of occupancy/final inspection) to cover the
cost of tree replacement if a failure occurs.
b. The $118,780 cash deposit currently held by the City of Burlingame shall be released to
the property owner upon certification by the City Arborist that the construction-related mitigation
measures in the conditions of approval have been completed; confirmation that certificates of
occupancy/final inspections have been granted for the homes constructed at 1537 and 1543
Drake Avenue; and submission of proof of an irrevocable letter of credit, in favor of the City, as
outlined in items 1) and 2) above. In the event an irrevocable letter of credit cannot be obtained
by the property owner; the amount of the cash deposit released by the City shall be decreased
by the amounts stated; the remaining funds on deposit shall be placed in an interest-bearing
account at a rate not to exceed the current LAIF ("Local Agency Investment Fund") rate.
34. that for purposes of these conditions the project arborist is a certified arborist hire by the
property owner/developer; a certified arborist means a person certified by the International
Society of Arboriculture as an arborist;
35. that before issuance of any demolition or building 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;
EXHIBIT "A"
Amended Conditions of Approval.
1543 Drake Avenue
Effective February 19, 2009
Page 6
36. that the project shall meet all the requirements of the California Building and 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;
37. that before any grading or construction occurs on the site, these conditions and a set of
approved plans shall be posted on a weather-proofed story board at the front of the site to the
satisfaction of the Building Department so that they are readily visible and available to all
persons working or visiting the site;
38. that if work is done in violation of any requirement in these conditions prior to obtaining the
required approval of the City Arborist, and/or the Building Division, work on the site shall be
immediately halted, and the project shall be placed on a Planning Commission agenda to
determine what corrective steps should be taken regarding the violation;
39. that the Redwood Tree Grove Protective Fencing shall be maintained during construction on
Lot 10, 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;
40. 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;
41. that the property owner shall maintain throughout construction 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;
EXHIBIT "A"
Amended Conditions of Approval.
1543 Drake Avenue
Effective February 19, 2009
Page 7
42. that prior to issuance of a building permit for construction on Lot 10, the property owner shall
ensure maintenance of the supplemental irrigation system of approximately 250 feet of soaker
hoses attached to an active hose bib, 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;
43. that prior to issuance of a building permit for construction on Lot 10, the property owner shall
ensure maintenance of 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;
44. that the Redwood Tree Grove Protective Fencing on Lot 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; and
45. that before issuance of a building permit, the property owner shall deposit $7,500 with the
Planning Department to fund, on an hourly basis, the City Arborist inspections as required in the
conditions of approval of 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
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
EXHIBIT "A"
Amended Conditions of Approval.
1543 Drake Avenue
Effective February 19, 2009
Page 8
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 ArborisYs selected licensed arborist
inspector on lot 10 selected by the City Arborist and approved by the Community
Development Director.
r m CITY OF BURLINGAME
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3URLIiJGAME 501 PRIMROSE ROAD " � �� �'� :
" BURLINGAME, CA 94010 '�3 & � ��' �" "�"
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Site: 1537 and 1543 DRAKE AVENUE
The City of Burlingame Planning Commission announces the
following public hearing on MONDAY, JANUARY 26,
2009 at 7:00 P.M. in the City Hall (ouncil Chambers, 501
Primrose Road, Burlingame, CA:
Application for amendment fo canditions af approval
regarding security deposit for existing Redwood trees
related to two, new single family dwellings under
construction at 1537 and 1543 DRAKE AVENUE
zoned R-1. APNs 026-033-280 & 026-033-210
(P1eMaie�d'to ot�ie °�a�c� 16, 2009
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PU�LIC HE/�RING
NOTICE
Citv of Burlinaame
A copy of the application and plans for this project may be reviewed prior to
the meeting at the Community Development Department at 501 Primrose
Road, Burlingame, California.
If you challenge the subject application(s) in court, you may be limited to
raising only those issues you or someone else raised at the public hearing,
described in the notice or in written correspondence delivered to the city at or
prior to the public hearing.
Property owners who receive this notice are responsible for informing their
tenants about this notice.
For additional information, please call (650) 558-7250. Thank you.
William Meeker
Community Development Director
PUBLIC HEARING NOTICE
(Please refer to other sideJ
C/TY OF BURLINGAME PLANN/NG COMM/SS/ON — Unapproved Minutes February 9, 2009
3. 1537 AND 1543 DRAKE AVENUE, ZONED R-1 —APPLICATION FOR AMENDMENT TO CONDITIONS
OF APPROVAL REGARDING SECURITY DEPOSIT FOR EXISTING REDWOOD TREES RELATED TO
TWO, NEW SINGLE FAMILY DWELLINGS UNDER CONSTRUCTION (OTTO MILLER, APPLICANTAND
PROPERTY OWNER) (67 NOTICED) STAFF CONTACT: RUBEN HURIN (CONT/NUED FROM
JANUARY 26, 2009 PLANNING COMMISSION MEETING)
Reference staff report dated February 9, 2009, with attachments. Community Development Director Meeker
presented the report, reviewed criteria and staff comments. Forty-Six (46) conditions were suggested for
consideration for 1537 Drake Avenue; 45 conditions were suggested for 1543 Drake Avenue.
Chair Cauchi opened the public hearing.
Commission comments:
Expressed concern that $15,000 may not be a high enough value to replace more than one tree.
Suggested that if more than one tree needs to be replaced, the applicant shall agree to replace
additional trees beyond what is covered by the $15,000.
Mark Hudak, 216 Park Road; represented the applicant.
■ The applicant has agreed to allow the City to hold the $15,000 for a period of 5-years.
■ Noted that Commissioner Brownrigg's recollection of the facts was accurate.
■ The trees are healthy today; the maintenance program will ensure that the trees will remain healthy.
■ Were faced with unknowns 5-years ago; the work was done correctly, are at a point where
guaranteed maintenance should be required.
■ Understands the Commissioners concerns regarding the potential fora tree to die now, then another
later; can reluctantly agree to replenish to $15,000 amount if drawn upon.
Public comments:
Pat Giorni, 1445 Balboa Avenue; spoke:
Asked how the City would determine the cause of death of a tree?
Hopes that the fees paid with the current application have covered the cost of all the time needed to
negotiate the compromise.
Supports denying the applicanYs request.
Additional Commission comments:
Requested that the language in the revised condition be clarified to ensure that it is determined that
any tree death can be determined to be linked to construction activities.
Should the last sentence from the original Condition 33 remain in the revised condition (Guinan —
not necessary to address a cause of action. The proposed letter of credit is irrevocable; the bank
would be bound to issue a check to the City if a tree dies. W ill craft an agreement with the applicant
to clearly address the rights and obligations of each party).
There were no further comments and the public hearing was closed.
7
C/TY OF BURL/NGAME PLANN/NG COMM/SS/ON - Unapproved Minutes February 9, 2009
Commissioner Brownrigg moved to approve the application, by resolution, with the following amended
conditions; also adding that the wording of the letter of credit and any supporting documents be forwarded
to the Planning Commission as an FYI:
1537 Drake Avenue
that the project shall be built as shown on the plans submitted to the Planning Department date
stamped March 13, 2007, sheets A.1, A.4 through A.6, U.1, L1.1, S.1 and D.1 through D.4, and date
stamped June 7, 2007, sheets A.2, A.3, A.4A, A.4B, A.5A, A.5B and L1.0; 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 to the tree protection plan or tree trimming shall
require review by the Planning Commission and an amendment to this permit;
2. that any changes to the size or envelope of the 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;
3. that prior to scheduling the framing inspection the project architect or residential designer, or another
architect or residential design professional, shall provide an architectural certification that the
architectural details shown in the approved design which should be evident at framing, such as
window locations and bays, are built as shown on the approved plans; architectural certification
documenting framing compliance with approved design shall be submitted to the Building Division
before the final framing inspection shall be scheduled;
4. that prior to final inspection, Planning Division 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 Engineer's April 8, May 31, June 4, August 15 , August 30, and
October 15, 2002, June 27, 2005, and June 18, 2007 memos, the Fire Marshal's September 3,
2002, June 23, 2005 and June 18, 2007 memos, the Chief Building Official's August 5, 2002, June
27, 2005 and June 15, 2007 memos, the Recycling Specialist's August 27, 2002, and June 27, 2005
memos, the NPDES Coordinator's June 27, 2005 memo, and the CityArborisYs September 3, 2002,
and April 3 and May 21, 2003, and April 13, 2007 memos shall be met;
7. that any grading or earth moving on the site shall be required to have a City grading permit, be
overseen by the project arborist, inspected by the City Arborist, and be required to comply with
all the regulations of the Bay Area Air Quality Management District and with all the requirements
of the permit issued by BAAQMD;
8. that there shall be no heavy equipment operation or hauling permitted on weekends or holidays
during the development of Lot 9; use of all hand tools shall comply with the requirements of the
City's noise ordinance;
�
C/TY OF BURLINGAME PLANN/NG COMM/SS/ON — Unapproved Minufes February 9, 2009
9. that as much employee parking as possible shall be accommodated on the site during each of the
phases of development; construction activity and parking shall not occur within the redwood tree
grove protective fencing on Lot 9;
10. that construction of the house and attached garage on Lot 9 shall be completed through Lot 10 at
rear of Lot 9;
11. that heavy construction materials and equipment shall not be delivered to the site or stored at the
front of Lot 9 in the designated driveway area;
12. that at no time shall any equipment exceeding 18,000 LBS be allowed to be within 30 feet of the
currently fenced off Redwood Tree Grove protection zone;
13. that prior to the placement or use of any motorized equipment within 30 feet of the currently fenced
Redwood Tree Grove protection zone, a protective layer of mulch one foot deep with 3/4 inch
plywood on top, shall be installed and inspected by the project arborist to avoid further soil
compaction of the area; post construction the protective plywood and mulch may be removed as
approved by the project arborist;
14. 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;
15. 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;
16. that all new utility connections to serve the site, and which are affected by the development, shall be
installed along the left side property line between the driveway and property line to meet current
code standards; 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 the
project arborist and inspection by the City Arborist;
17. that the new sewer connection to the sewer main in the street shall be installed along the left side
property line to City standards as required by the development;
18. 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;
19. 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;
20. 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;
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
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CITY OF BURLINGAME PLANN/NG COMM/SSION — Unapproved Minufes February 9, 2009
proposed house or necessary changes to the tree protection program or to address new issues
which may arise during construction;
24. that should any cultural resources be discovered during construction, work shall be halted until they
are fully investigated by a professional accepted as qualified by the Community Development
Director and the recommendations of the expert have been executed to the satisfaction of the City;
25. that no installation work on the driveway or landscaping on the site shall occur until the timing,
design, method of construction and materials have been approved by the City Arborist, and the
project 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 for
compliance with the approved materials and method of installation; it shall be the responsibility of
the property owner to notify the City Arborist when construction of the driveway on Lot 9 is to begin;
26. 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; and that the root protection fencing shall not be removed until construction is
complete on Lots 9 and 10, except if the portion of the protective fence on Lot 9 in the area of
the driveway may be removed to install the driveway with the approval of the City Arborist; the
removal of a section of the fence should not disturb the maintenance irrigation system installed
within the tree protective fencing;
27. that special inspections by the City Arborist, to be funded by the property owner, shall include being
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
and during digging for removal or installation of any utilities; and that the special inspections by the
City Arborist shall occur once a week or more frequently as required by the conditions of approval
and shall include written documentation by the project arborist that all tree protection measures are
in place and requirements of the conditions of approval are being met; and that the City Arborist
shall also stop work for any violation of the conditions related to the protection, conservation and
maintenance of trees on the site;
28. that under the observation of the City 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; and that if any roots greater than 2 inches in diameter are encountered
during the digging for the pier holes, the project 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; and that if at any time during the
installation of the pier and grade beam foundations roots greater than 2 inches in diameter must be
cut, the situation must be documented by the project arborist and approved by the City Arborist prior
to the time the roots are cut;
29. 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, the report shall be
approved prior to the issuance of a building permit for construction on the site; and if at any time
during the construction the pier locations must be altered to accommodate a Redwood tree root, the
structural changes must be approved by the Building Department prior to the time any such root is
cut or damaged;
30. that the property owner shall submit a complete landscape plan for approval by the City Arborist
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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 project arborist and regularly
inspected by the City Arborist, including fence post holes; and work shall be stopped and plans
revised if any roots of 2 inches in diameter or greater are found in post holes or any new landscape
materials added endanger the redwood trees;
31. that no fencing of any kind shall be allowed for the first 65'-0" along the side property line between
Lots 9 and 10;
32. that for tree maintenance the property owner shall be responsible for maintenance of the
protected Redwood grove during demolition and construction work on the project and for a 5-
year post construction maintenance program for the Redwood trees and their root structure;
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; and that the property owner of record 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 (issuance of an occupancy permit) on the project and every
two years thereafter for a period of 5 years;
33. a. The property owner shall provide evidence of an "irrevocable letter of credit" in a form
acceptable to the City Attorney, that: 1) provides for funding in the amount of $5,615 to cover the
cost of 5-years of ongoing maintenance of the Redwood grove present at 1537 and 1543 Drake
Avenue, as outlined in Mayne Tree Expert Company's February 3, 2009 proposal addressed to
Community Development Director William Meeker; payment for the annual cost of the required
maintenance may be from the letter of credit by the property owner upon notice to and approval by
City; the letter of credit will be reduced by the amount of the annual invoice provided by Mayne Tree
Expert Company for the performance of said services, upon submission of a copy of the invoice to
the City of Burlingame Community Development Department; and 2) provides for an additional
$15,000 to be held for a 5-year period beyond the completion of project construction (i.e. certificate
of occupancy/final inspection); the City may draw upon the $15,000 if any tree fails due to
construction-related activities during this 5-year period; if drawn upon the property owner shall
replenish the amount back to the $15,000 level, which shall be maintained through the conclusion of
the 5-year term; at the conclusion of the 5-year term, remaining funds shall be released to the
property owner by the City.
b. The $118,780 cash deposit currently held by the City of Burlingame shall be released to the
property owner upon certification by the City Arborist that the construction-related mitigation
measures in the conditions of approval have been completed; confirmation that certificates of
occupancy/final inspections have been granted for the homes constructed at 1537 and 1543 Drake
Avenue; and submission of proof of an irrevocable letter of credit, in favor of the City, as outlined in
items 1) and 2) above. In the event an irrevocable letter of credit cannot be obtained by the property
owner; the amount of the cash deposit released by the City shall be decreased by the amounts
stated; the remaining funds on deposit shall be placed in an interest-bearing account at a rate not to
exceed the current LAIF ("Local Agency Investment Fund") rate.
34. that for purposes of these conditions the project arborist is a certified arborist hire by the property
owner/developer; a certified arborist means a person certified by the International Society of
Arboriculture as an arborist;
35. that before issuance of any demolition or building permit, the property owner shall record a deed
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CITY OF BURLINGAME PLANN/NG COMM/SS/ON — Unapproved Minufes February 9, 2009
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;
36. that the project shall meet all the requirements of the California Building and Fire Codes, 2001
Edition, as amended by the City of Burlingame;
37. that before any grading or construction occurs on the site, these conditions and a set of approved
plans shall be posted on a weather-proofed story board at the front of the site to the satisfaction of
the Building Department so that they are readily visible and available to all persons working or
visiting the site;
38. that if work is done in violation of any requirement in these conditions prior to obtaining the
required approval of the City Arborist, and/or the Building Division, work on the site shall be
immediately halted, and the project shall be placed on a Planning Commission agenda to
determine what corrective steps should be taken regarding the violation;
39. that 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 permitfor
the development on Lot 9 has been finaled and an occupancy permit issued; exceptfor modification
of the protective fencing as approved by the City Arborist in order to install the driveway on Lot 9;
40. 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;
41. that the property owner shall maintain throughout construction 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;
42. that prior to issuance of a building permit for construction on Lot 9, the property owner shall ensure
maintenance of the supplemental irrigation system of approximately 250 feet of soaker hoses
attached to an active hose bib, 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
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C/TY OF BURL/NGAME PLANN/NG COMM/SS/ON — Unapproved Minufes February 9, 2009
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;
43. that prior to issuance of a building permit for construction on Lot 9, the property owner shall ensure
maintenance of 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 NotAlteror Remove" and
in the event of movement or problem call a posted emergency number;
44. that the Redwood Tree Grove Protective Fencing on Lot 9 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;
45. that before issuance of a building permit, the property owner shall deposit $7,500 with the Planning
Department to fund, on an hourly basis, the City Arborist inspections as required by the conditions of
approval 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 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;
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 a licensed arborist inspector on lot 9 selected bythe
City Arborist and approved by the Community Development Director.
46. that prior to the final inspection, the applicant shall work with the property owner adjacent to Lot 9 to
determine the type of fence and/or landscaping to replace the existing brick pillars separated by
grape stake fencing.
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1543 Drake Avenue
that the project shall be built as shown on the plans submitted to the Planning Department date
stamped March 13, 2007, sheets A.1, A.4, A.5, U.1, L1.1, S.1 and D.1 through D.4, and date
stamped June 7, 2007, sheets A.2, A.3, A.4A, A.4B, A.5A, A.5B, A.6 and L1.0;
2. that any changes to the size or envelope of the 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;
3. that prior to scheduling the framing inspection the project architect or residential designer, oranother
architect or residential design professional, shall provide an architectural certification that the
architectural details shown in the approved design which should be evident at framing, such as
window locations and bays, are built as shown on the approved plans; architectural certification
documenting framing compliance with approved design shall be submitted to the Building Division
before the final framing inspection shall be scheduled;
4. that prior to final inspection, Planning Division 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, June
27, 2005, and June 18, 2007, memos, the Fire Marshal's September 3, 2002, June 22, 2005, and
June 18, 2007 memos, the Chief Building Official's August 5, 2002, June 27, 2005, and June 15,
2007 memos, the Recycling Specialist's August 27, 2002, and June 27, 2005 memos, the NPDES
Coordinator's June 27, 2005, memo, and the CityArborist's September3, 2002, and April 3 and May
21, 2003, and April 13, 2007 memos shall be met;
7. that any grading or earth moving on the site shall be required to have a City grading permit, be
overseen by the project 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 10; use of all hand tools shall comply with the requirements of the
City's noise ordinance;
9. that 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;
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C/TY OF BURL/NGAME PLANN/NG COMM/SS/ON — Unapproved Minutes February 9, 2009
10. that construction materials shall not be staged on Lot 9; all heavy equipment and materials shall be
staged along the right side of the property on Lot 10;
11. that at no time shall any equipment exceeding 18,000 LBS be allowed to be within 30 feet of the
currently fenced off Redwood Tree Grove protection zone;
12. that prior to the placement or use of any motorized equipment within 30 feet of the currently fenced
Redwood Tree Grove protection zone, a protective layer of mulch one foot deep with 3/4 inch
plywood on top, shall be installed and inspected by the project arborist to avoid further soil
compaction of the area; post construction the protective plywood and mulch may be removed as
approved by the project arborist;
13. 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;
14. 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;
15. that all new utility connections to serve the site, and which are affected by the development, shall be
installed along the right side property line 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 the project arborist and inspection by the City
Arborist;
16. that the new sewer connection to the public sewer main shall be installed along the right side
property line to City standards as required by the development;
17. 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;
18. 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;
19. 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;
20. that all runoff created during construction and future discharge from the site will be required to meet
National Pollution Discharge Elimination System (NPDES) standards;
21. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance;
22. that the project property owner shall obtain Planning Commission approval for any revisions to the
proposed house and/or accessory structure or necessary changes to the tree protection program or
to address new issues which may arise during construction;
23. that 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 Community Development
Director and the recommendations of the expert have been executed to the satisfaction of the City;
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CITY OF BURLINGAME PLANN/NG COMMISS/ON — Unapproved Minutes February 9, 2009
24, that 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 the project arborist and regularly
inspected by the City Arborist;
25. 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; that the root protection fencing shall not be removed until construction is complete on Lots
9 and 10, except if the portion of the protective fence on Lot 9 in the area of the driveway may be
removed to install the driveway with the approval of the City Arborist; the removal of a section of the
fence should not disturb the maintenance irrigation system installed within the tree protective
fencing;
26. that the 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 the project arborist and approved by the
City Arborist; that if any roots greater than � 2 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 project arborist and approved by the City Arborist prior to cutting any roots; and that if at any time
the project 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;
27. that special inspections by the City Arborist, to be funded by the property owner, shall include being
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,
and during digging for removal or installation of any utilities; that the special inspections by the City
Arborist shall occur once a week or more frequently as required by the conditions of approval and
shall include written documentation by the project arborist that all tree protection measures are in
place and requirements of the conditions of approval are being met; that no materials orequipment
shall be stockpiled or stored in any area not previously approved by the City Arborist; and that 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;
28. that under the observation of the City 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; that if any roots greater than 2 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 ofthe
change and approve that the requirements of the building code are still met; and that if at any time
during the installation of the pier and grade beam foundations roots greater than 2 inches in
diameter must be cut, the situation must be documented by the project arborist and approved by the
City Arborist prior to the time the roots are cut;
29. 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; and that if at any time during
the construction the pier locations must be altered to accommodate a Redwood tree root, the
structural changes must be approved by the Building Department prior to the time any such root is
cut or damaged;
30. that the property owner shall submit a complete landscape plan for approval by the City Arborist
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C/TY OF BURLINGAME PLANN/NG COMM/SS/ON — Unapproved Minutes February 9, 2009
priorto 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 2 inches in diameter or greater are found in post holes or any new landscape
materials added endanger the redwood trees;
31. that no fencing of any kind shall be allowed for the first 65'-0" along the side property line between
Lots 9 and 10;
32. that for tree maintenance the property owner shall be responsible for maintenance of the protected
Redwood grove during demolition and construction work on the project and for a 5-year post
construction 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; and
that the property owner of record 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 (issuance of an occupancy permit) on the project and every two years thereafter for a
period of 5 years;
33. a. The property owner shall provide evidence of an "irrevocable letter of crediY' in a form
acceptable to the City Attorney, that: 1) provides for funding in the amount of $5,615 to cover the
cost of 5-years of ongoing maintenance of the Redwood grove present at 1537 and 1543 Drake
Avenue, as outlined in Mayne Tree Expert Company's February 3, 2009 proposal addressed to
Community Development Director William Meeker; payment for the annual cost of the required
maintenance may be from the letter of credit by the property owner upon notice to and approval by
City; the letter of credit will be reduced by the amount of the annual invoice provided by Mayne Tree
Expert Company for the performance of said services, upon submission of a copy of the invoice to
the City of Burlingame Community Development Department; and 2) provides for an additional
$15,000 to be held for a 5-year period beyond the completion of project construction (i.e. certificate
of occupancy/final inspection); the City may draw upon the $15,000 if any tree fails due to
construction-related activities during this 5-year period; if drawn upon the property owner shall
replenish the amount back to the $15,000 level, which shall be maintained through the conclusion of
the 5-year term; at the conclusion of the 5-year term, remaining funds shall be released to the
property owner by the City.
b. The $118,780 cash deposit currently held by the City of Burlingame shall be released to the
property owner upon certification by the City Arborist that the construction-related mitigation
measures in the conditions of approval have been completed; confirmation that certificates of
occupancy/final inspections have been granted forthe homes constructed at 1537 and 1543 Drake
Avenue; and submission of proof of an irrevocable letter of credit, in favor of the City, as outlined in
items 1) and 2) above. In the event an irrevocable letter of credit cannot be obtained by the property
owner; the amount of the cash deposit released by the City shall be decreased by the amounts
stated; the remaining funds on deposit shall be placed in an interest-bearing account at a rate not to
exceed the current LAIF ("Local Agency Investment Fund") rate.
34. that for purposes of these conditions the project arborist is a certified arborist hire by the property
owner/developer; a certified arborist means a person certified by the International Society of
Arboriculture as an arborist;
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C/TY OF BURLINGAME PLANN/NG COMM/SS/ON — Unapproved Minutes February 9, 2009
35. that before issuance of any demolition or building 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;
36. that the project shall meet all the requirements of the California Building and 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;
37. that before any grading or construction occurs on the site, these conditions and a set of approved
plans shall be posted on a weather-proofed story board at the front of the site to the satisfaction of
the Building Department so that they are readily visible and available to all persons working or
visiting the site;
38. that if work is done in violation of any requirement in these conditions prior to obtaining the
required approval of the City Arborist, and/or the Building Division, work on the site shall be
immediately halted, and the project shall be placed on a Planning Commission agenda to
determine what corrective steps should be taken regarding the violation;
39. that the Redwood Tree Grove Protective Fencing shall be maintained during construction on Lot 10,
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 permitfor
each development on Lots 9 and 10 has received an occupancy permit and the City Arborist has
approved removal of the protective fencing;
40. 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;
41. that the property owner shall maintain throughout construction 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;
42. that prior to issuance of a building permit for construction on Lot 10, the property owner shall ensure
18
C/TY OF BURLINGAME PLANN/NG COMM/SSION — Unapproved Minutes February 9, 2009
maintenance of the supplemental irrigation system of approximately 250 feet of soaker hoses
attached to an active hose bib, 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;
43. that prior to issuance of a building permit for construction on Lot 10, the property owner shall ensure
maintenance of 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 NotAlteror Remove" and
in the event of movement or problem call a posted emergency number;
44. that the Redwood Tree Grove Protective Fencing on Lot 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; and
45. that before issuance of a building permit, the property owner shall deposit $7,500 with the Planning
Department to fund, on an hourly basis, the City Arborist inspections as required in the conditions of
approval of 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
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
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 ArborisYs selected licensed arborist
inspector on lot 10 selected by the City Arborist and approved by the Community
Development Director.
The motion was seconded by CommissionerAuran.
19
CITY OF BURLINGAME PLANN/NG COMM/SS/ON — Unapproved Minutes February 9, 2009
Discussion of motion:
None
Chair Cauchi called for a voice vote on the motion to approve. The motion passed 7-0. Appeal procedures
were advised. This item concluded at 8:09 p.m.
20
Item No.
Action Item
Photo Taken: 1/14/09
PROJECT LOCATION
1537 and 1543 Drake Avenue
City of Burlingame
Amendment to Conditions of Approval
Address: 1537 and 1543 Drake Avenue
Item No.
Action Item
Meeting Date: January 26, 2009
Request: Application for Amendment to Conditions of Approval regarding security deposit for existing
Redwood trees related to finro, new single family dwellings under construction at 1537 and 1543
Drake Avenue (formerly 1537 Drake Avenue, Lots 9 and 10).
Applicant and Property Owner: Otto Miller APN: 026-033-280 and 026-033-270
General Plan: Low Density Residential Lot Area: 6000 SF (each lot)
Environmental Review Status: Negative Declaration ND-523-P and Addendum Zoning: R-1
History of the Original Project: On May 27, 2003, the Planning Commission approved an application for
Mitigated Negative Declaration, Conditional Use Permit for re-emergence of three parcels previously merged by
a structure, Design Review of three new single family residences and a Special Permits for two attached
garages at 1537 Drake Avenue, Lots 9, 10 and 11, zoned R-1. A mitigation monitoring plan was included as a
part of the conditions of approval for the re-emergence and development of three lots. Of major concern on this
site was a grove of Redwood trees determined to be significant. The Negative Declaration prepared for this
project was based on the premise that the tree protection measures required in the environmental document and
implemented through the conditions of approval would be adhered to throughout the project from demolition of
the main structures on the site to five years of tree maintenance following occupancy of the site, thus reducing
the impacts of development on the significant groves of trees to a level acceptable to the community.
Demolition of all existing structures on the site was completed by the end of November, 2003. On November 25,
2003, the contractor began grading on Lot 9 at the location of the significant grove of Redwood trees, which was
based on a set of foundation plans which had not been reviewed or approved by the Building or Planning
Departments. At that time, a stop work order was issued by the City and the project was subsequently reviewed
by the Planning Commission to ensure that the root damage had been properly investigated and the foundation
type for the houses on lots 9 and 10, which could affect the redwood grove, had been developed and the
conditions of approval revised accordingly. On March 29, 2004, an application for an Amendment to the original
Conditional Use Permit for emerging lots in order to separate and amend conditions of approval for Lots 9 and
1 C was rzvi�vrsd an� appr�v�d by th� P.annirg �cmmissior and suwseq:.�ert!y appreved by the Cifi; Ce�!nci! on
appeal.
Construction of the house on Lot 11 was completed in June of 2005. An Amendment to Mitigated PJegative
Declaration, Design Review, Conditional Use Permit for emerging lots and Special Permits for building height,
declining height envelope and attached garage for Lots 9 and 10 was approved on July 9, 2007 (July 9, 2007
P.C. Minutes) and construction of the houses on Lots 9 and 10 (now 1537 and 1543 Drake Avenue) commenced
in October, 2008. The foundations have been completed on both houses and are currently at framing stage.
The protective tree fencing, mulching and irrigation have been adequately maintained from June, 2004 to
present, and the trees have been periodically checked by the City Arborist for their health. The property owner
has complied with all conditions of approval to date.
Applicant's Request: The single family dwelling projects at 1537 and 1543 Drake Avenue (formerly 1537 Drake
Avenue, Lots 9 and 10) were approved with their own set of conditions of approval, inctuding depositing with the
City a security deposit in the amount of $118,780 (based on the appraisal of the value of the four Redwood
trees). The applicant is now requesting that the security deposit for the Redwood trees be returned to him in full.
Amendment to Conditions of Approval 1537 and 1543 Drake Avenue
Although five years have lapsed since any construction has occurred on the site, it has only been three months
since construction commenced. As noted below, the condition of approval requires that the security deposit be
retained for a period of five years after completion of construction to secure the City against one or more of the
Redwood trees dying due to problems attributable to construction. Specifically, the projects were approved with
the following condition (Condition #33):
"that the property owner shall deposit with the City $118,780 based on the appraisal of the
value of the four Redwood trees accepted by the City Arborist and City Attorney on Lofs 9
and 10, as security to the City against one or more of the Redwood trees dying as the result
of construction or within 5 years of the completion of construction due to problems
aftributable to construction; these funds shall be available to the City Arborist to cover any
necessary removal costs, cover any unperformed maintenance or other corrective activities
regarding the grove of Redwood trees; nothing in this condifion 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 /oss of trees;"
The applicant submitted two letters of explanation, dated January 14, 2009 and December 19, 2008, which
discuss in detail the basis for his request. In addition, the project arborist, Richard L. Huntington of Mayne Tree
Expert Company, Inc., submitted a report dated December 17, 2008, in which he discusses the health of the
Redwood trees at present time. He notes that as a result of the long delay in beginning construction, "the trees
got almost five full years of remediation without any additional stress" and that "the trees have recovered
beautifully and show no continued effects from the original incident." As required, his firm observed the
installation of the foundations for both houses to ensure protection of the trees and notes there were no incidents
during the installation of the foundations. He states that "the trees are unlikely to be affected by the remaining
construction of the houses, now that the foundations have been installed", believes "that the purpose of the
remediation program has been more than satisfied" and therefore concludes that it would be appropriate to
return the security deposit to the applicant.
Staff Comments: City Arborist Steve Porter reviewed the applicanYs letters and analysis from Mayne Tree
Expert Company, Inc. In response, he provided a memo, dated January 20, 2009 (attached) in which he notes
that he is in agreement with the findings in Mayne Tree's report and that "there has been no further damage to
the trees to date, and that so far the construction has followed the tree protection recommendations and the
conditions of approval." With regard to the applicant's request, the CityArborist notes thatwould be in support of
releasing the security deposit only after completion of the projects. Please refer to the CityArborist's January 20,
2009 memo (attached) for the complete response to the applicant's request.
Planning staff would note that Condition #32 requiring a 5-year post construction maintenance program for the
Redwood trees will remain as part of the project.
Design Review Criteria: The criteria for design review as established in Ordinance No. 1591 adopted by the
Council on April 20, 1998 are outlined as follows:
1. Compatibility of the architectural style with that of the existing character of the neighborhood;
2. Respect for the parking and garage patterns in the neighborhood;
3. Architectural style and mass and bulk of structure;
4. Interface of the proposed structure with the structures on adjacent properties; and
5. Landscaping and its proportion to mass and bulk of structural components.
-2-
Amendment to Conditions ofApproval
1537 and 1543 Drake Avenue
Planning Commission Action: The Planning Commission should conduct a public hearing on the application,
and consider public testimony and the analysis contained within the staff report. Action should include specific
findings supporting the Planning Commission's decision, and should be affirmed by resolution of the Planning
Commission. The reasons for any action should be stated clearlyforthe record. The Planning Commission may
consider the following alternatives:
deny the applicant's request to release the $118,780 security deposit for the Redwood trees and make no
changes to the existing condition; or
2. accept the applicant's request to release the $118,780 security deposit for the Redwood trees upon
approval of the application for Amendment to Conditions of Approval; or
3. acceptthe CityArborist's recommendation to release the $118,780 securitydepositforthe Redwood trees
only upon completion of the construction of the single family dwellings at 1537 and 1543 Drake Avenue or
at another time specified by the Planning Commission; approve application for Amendment to Conditions
of Approval with amended condition.
Below are the proposed conditions of approval for 1537 and 1543 Drake Avenue (separate resolutions have
been prepared for each site). Condition #33 related to the security deposit has been revised (strikethroughs and
italics) to reflect the recommendation by the City Arborist, but can be modified if so desired by the Planning
Commission. At the public hearing the following conditions should be considered for 1537 Drake Avenue (see
page 7 for Condition #33), followed by conditions to be considered for 1543 Drake Avenue (see page 12 for
Condition #3):
Condifions of Approval for 1537 Drake Avenue:
that the project shall be built as shown on the plans submitted to the Planning Department date
stamped March 13, 2007, sheets A.1, A.4 through A.6, U.1, L1.1, S.1 and D.1 through D.4, and date
stamped June 7, 2007, sheets A.2, A.3, A.4A, A.46, A.5A, A.56 and L1.0; 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 to the tree protection plan or tree trimming shall require review
by the Planning Commission and an amendment to this permit;
2. that any changes to the size or envelope of the 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, �h�!! be ;�bj�ct t� Pla^n;^g Ccmmi�si�n rev;��N;
3. that prior to scheduling the framing inspection the project architect or residential designer, or another
architect or residential design professional, shall provide an architectural certification that the
architectural details shown in the approved design which should be evident at framing, such as window
locations and bays, are built as shown on the approved plans; architectural certification documenting
framing compliance with approved design shall be submitted to the Building Division before the final
framing inspection shall be scheduled;
4. that priorto final inspection, Planning Division staffwill 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;
-3-
Amendment to Conditions of Approval 1537 and 1543 Drake Avenue
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 Engineer's April 8, May 31, June 4, August 15 , August 30, and October
15, 2002, June 27, 2005, and June 18, 2007 memos, the Fire Marshal's September 3, 2002, June 23,
2005 and June 18, 2007 memos, the Chief Building Official's August 5, 2002, June 27, 2005 and June
15, 2007 memos, the Recycling Specialist's August 27, 2002, and June 27, 2005 memos, the NPDES
Coordinator's June 27, 2005 memo, and the City Arborist's September 3, 2002, and April 3 and May
21, 2003, and April 13, 2007 memos shall be met;
7. that any grading or earth moving on the site shall be required to have a City grading permit, be
overseen by the project arborist, inspected by the City Arborist, and be required to comply with all the
regulations of the Bay Area Air Quality Management District and with all the requirements of the permit
issued by BAAQMD;
8. that there shall be no heavy equipment operation or hauling permitted on weekends or holidays during
the development of Lot 9; use of all hand tools shall comply with the requirements of the City's noise
ordinance;
9. that 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 occurwithin the redwood tree grove
protective fencing on Lot 9;
10. that construction of the house and attached garage on Lot 9 shall be completed through Lot 10 at rear
of Lot 9;
11. that heavy construction materials and equipment shall not be delivered to the site or stored at the front
of Lot 9 in the designated driveway area;
12. that at no time shall any equipment exceeding 18,000 LBS be allowed to be within 30 feet of the
currently fenced off Redwood Tree Grove protection zone;
13. that prior to the placement or use of any motorized equipment within 30 feet of the currently fenced
Red�vood Tree �rovQ pro±ectien zone, a protecti�e layer ef mulch one foot dePp �ith 3/a in�h �l;�v�o!
on top, shall be installed and inspected by the project arborist to avoid further soil compaction of the
area; post construction the protective plywood and mulch may be removed as approved by the project
arborist;
14. 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;
15. 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;
-4-
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Amendment to Conditions of Approva!
1537 and 1543 Drake Avenue
40. 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 otherfield 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;
41. that the properly owner shall maintain throughout construction a three-inch thick layer of well aged,
course wood chip mulch (not bark) and a finro-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;
42. that prior to issuance of a building permit for construction on Lot 9, the property owner shall ensure
maintenance of the supplemental irrigation system of approximately 250 feet of soaker hoses attached
to an active hose bib, 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 finro 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 finro weeks, until the
upper 24-inches of soil is thoroughly saturated; the City Arborist shall periodically test the soil moisture
to ensure proper irrigation;
43. that prior to issuance of a building permit for construction on Lot 9, the property owner shall ensure
maintenance of 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;
44. that the Redwood Tree Grove Protective Fencing on Lot 9 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;
45. that before issuance of a building permit, the property owner shall deposit $7,500 with the Planning
Department to fund, on an hour!y basis, the Ci!y Ar��rist :r.spectens �s �eM�!�rsd �y #he �end�t��ns �f
approval 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 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 15�' 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;
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
�
Amendment to Conditions of Approval
1537 and 1543 Drake Avenue
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 a licensed arborist inspector on lot 9 selected by the City
Arborist and approved by the Community Development Director.
46. that prior to the final inspection, the applicant shall work with the property owner adjacent to Lot 9 to
determine the type of fence and/or landscaping to replace the existing brick pillars separated by grape
stake fencing.
Conditions of Approval for 1543 Drake Avenue:
that the project shall be built as shown on the plans submitted to the Planning Department date
stamped March 13, 2007, sheets A.1, A.4, A.5, U.1, L1.1, S.1 and D.1 through D.4, and date stamped
June 7, 2007, sheets A.2, A.3, A.4A, A.46, A.5A, A.5B, A.6 and L1.0;
2. that any changes to the size or envelope of the 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;
3. that prior to scheduling the framing inspection the project architect or residential designer, or another
architect or residential design professional, shall provide an architectural certification that the
architectural details shown in the approved design which should be evident at framing, such as window
locations and bays, are built as shown on the approved plans; architectural certification documenting
framing compliance with approved design shall be submitted to the Building Division before the final
framing inspection shall be scheduled;
4. that prior to final inspection, Planning Division staff will inspect and note compliance of the architectural
f /�: � i fii 4n \ 4� �i n F� 4 4 n rni oc F+� � �rr�� n±n � 0
d��ails ��� �m �ate� ia�s, JJI�G�O�v �ype, ���.� �., „�� �fi,� t� ��� .h.. p�.,�e�t has b .,� ..uilt � � t�y .
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, June 27,
2005, and June 18, 2007, memos, the Fire Marshal's September 3, 2002, June 22, 2005, and June
18, 2007 memos, the Chief Building Official's August 5, 2002, June 27, 2005, and June 15, 2007
memos, the Recycling Specialist's August 27, 2002, and June 27, 2005 memos, the NPDES
Coordinator's June 27, 2005, memo, and the City Arborist's September 3, 2002, and April 3 and May
21, 2003, and April 13, 2007 memos shall be met;
�
Amendment to Conditions of Approval
1537 and 1543 Drake Avenue
7. that any grading or earth moving on the site shall be required to have a City grading permit, be
overseen by the project 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 10; use of all hand tools shall comply with the requirements of the City's noise
ordinance;
9. that 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;
10. that construction materials shall not be staged on Lot 9; all heavy equipment and materials shall be
staged along the right side of the property on Lot 10;
11. that at no time shall any equipment exceeding 18,000 LBS be allowed to be within 30 feet of the
currently fenced off Redwood Tree Grove protection zone;
12. that prior to the placement or use of any motorized equipment within 30 feet of the currently fenced
Redwood Tree Grove protection zone, a protective layer of mulch one foot deep with 3/4 inch plywood
on top, shall be installed and inspected by the project arborist to avoid further soil compaction of the
area; post construction the protective plywood and mulch may be removed as approved by the project
arborist;
13. 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;
14. 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;
15. that all new utility connections to serve the site, and which are affected by the development, shall be
installed along the right side property line 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 necess�ry �y the Public U�orks Depa,-tmer# and the !ocatEer ef all trer�hes fer ;.�til; ;� !;res shu!! he
approved by the City Arborist during the building permit review and no trenching for any utility shall
occur on site without continual supervision of the project arborist and inspection by the City Arborist;
16. that the new sewer connection to the public sewer main shall be installed along the right side property
line to Ciry standards as required by the development;
17. 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;
18. 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;
19. 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;
-10-
Amendment to Conditions of Approval 1537 and 1543 Drake Avenue
20. that all runoff created during construction and future discharge from the site will be required to meet
National Pollution Discharge Elimination System (NPDES) standards;
21. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance;
22. that the project property owner shall obtain Planning Commission approval for any revisions to the
proposed house and/or accessory structure or necessary changes to the tree protection program or to
address new issues which may arise during construction;
23. that 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 Community Development Director and
the recommendations of the expert have been executed to the satisfaction of the City;
24. that 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 the project arborist and regularly
inspected by the City Arborist;
25. 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; that the root protection fencing shall not be removed until construction is complete on Lots 9
and 10, except if the portion of the protective fence on Lot 9 in the area of the driveway may be
removed to install the driveway with the approval of the City Arborist; the removal of a section of the
fence should not disturb the maintenance irrigation system installed within the tree protective fencing;
26. that the 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 the project arborist and approved by the City
Arborist; that if any roots greater than � 2 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
project arborist and approved by the City Arborist prior to cutting any roots; and that if at any time the
project 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;
27. that special inspections by the City Arborist, to be funded by the property owner, shall include being on
site during any demolition and grading or digging activities that take place within the designated tree
protect:on z�r.es, incl�ding the �+iygin� ef ths �6Ar holes f�r the Fipr a�d grade beam fo�ndaten, ar!d
during digging for removal or installation of any utilities; that the special inspections by the City Arborist
shall occur once a week or more frequently as required by the conditions of approval and shall include
wriitzn documentation by the project arborist that all tree protection measures ar� in plac� and
requirements of the conditions of approval are being met; that no materials or equipment shall be
stockpiled or stored in any area not previously approved by the City Arborist; and that 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;
28. that under the observation of the City 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; that if any roots greater than 2 inches in diameter are encountered during the
digging for the pier holes, the property owner's on-site arborist shall call the CityArborist 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; and that if at any time during the
installation of the pier and grade beam foundations roots greater than 2 inches in diameter must be
-11-
Amendment to Conditions of Approval
1537 and 1543 Drake Avenue
cut, the situation must be documented by the project arborist and approved by the City Arborist prior to
the time the roots are cut;
29. 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; and that if at any time during the
construction the pier locations must be altered to accommodate a Redwood tree root, the structural
changes must be approved by the Building Department prior to the time any such root is cut or
damaged;
30. that the property owner shall submit a complete landscape plan for approval by the City Arborist priorto
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 2
inches in diameter or greater are found in post holes or any new landscape materials added endanger
the redwood trees;
31. that no fencing of any kind shall be allowed for the first 65'-0" along the side property line between
Lots 9 and 10;
32. that for tree maintenance the property owner shall be responsible for maintenance of the protected
Redwood grove during demolition and construction work on the project and for a 5-year post
construction 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; and that the
property owner of record 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
(issuance of an occupancy permit) on the project and every two years thereafterfor a period of 5 years;
33. that the property owner shall deposit with the City $118,780 based on the appraisal of the value of the
four Redwood trees accepted by the City Arborist and City Attorney on Lots 9 and 10 (1537 and 1543
Drake Avenue), as security to the City agai�st cne �r m�� e of th� R���r��d t� 82S C� j/I^g �� +ho roc� �I� nf
due to problems attributable to
construction; these funds shall be available to the City Arborist to cover any necessary removal costs,
cover any unperformed maintenance or other corrective activities regarding the grove of Redwood
trees; the security deposit shall be returned to the properly owner only upon completion of all
construction acfivities at 1537 and 1543 Drake Avenue and approval of the final inspections by all City
divisions; nothing in this condition is intended to limit in anyway any othercivil or criminal penalties that
the City or any other person may have regarding damage or loss of trees;
34. that for purposes of these conditions the project arborist is a certified arborist hire by the property
owner/developer; a certified arborist means a person certified by the International Society of
Arboriculture as an arborist;
35. that before issuance of any demolition or building 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:
-12-
-£ 6-
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Amendment to Conditions ofApproval
1537 and 1543 Drake Avenue
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;
43. that prior to issuance of a building permit for construction on Lot 10, the property owner shall ensure
maintenance of 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;
44. that the Redwood Tree Grove Protective Fencing on Lot 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; and
45. that before issuance of a building permit, the property owner shall deposit $7,500 with the Planning
Department to fund, on an hourly basis, the City Arborist inspections as required in the conditions of
approval of 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�' 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 finro times the
am�unt determ;ned by the City �:rbcr;st t� cov�r the r�mu;^der �f th� i�spe�:ion �•1o�IL h�f�r� the
third stop work order shall be removed; and
e. ihai ihe unexpended poriian of the inspection deposit shall be returned to the propert}r awner
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
lot 10 selected by the City Arborist and approved by the Community Development Director.
Ruben Hurin
Senior Planner
c. Otto Miller, applicant and property owner
-14-
Amendment to Conditions of Approval
Attachments:
9537 and 1543 Drake Avenue
July 9, 2007 Planning Commission Minutes
Application to the Planning Commission
Memo from Steve Porter, City Arborist, dated January 20, 2009
Letters from Otto Miller, dated January 14, 2009 and December 19, 2008
Letter from Richard L. Huntington, Mayne Tree Expert Company, Inc., dated December 17, 2008
Planning Commission Resolutions for 1537 and 1543 Drake Avenue (Proposed)
Notice of Public Hearing — Mailed January 16, 2009
-15-
City of Burlingame Planning Commission Approved Minutes
VIII. REGULAR ACTION ITEMS
July 9, 2007
2. 1537 DRAKE AVENUE, LOT 9, ZONED R-1 — APPLICATION FOR AMENDMENT TO MITIGATED
NEGATIVE DECLARATION, DESIGN REVIEW, CONDITIONAL USE PERMIT FOR EMERGING LOTS,
AND SPECIAL PERMITS FOR BUILDING HEIGHT, DECLINING HEIGHT ENVELOPE AND ATTACHED
GARAGE TO CONSTRUCT A NEW TWO-STORY SINGLE FAMILY DWELLING (OTTO MILLER,
APPLICANT AND PROPERTY OWNER; JAMES CHU, CHU DESIGN & ENGR., INC., DESIGNER) (57
NOTICED) PROJECT PLANNER: RUBEN HURIN
Reference staff report dated July 9, 2007, with attachments. Planner Hurin presented the report, reviewed
criteria and staff comments. Forty-six (46) conditions were suggested for consideration.
Chair Deal opened the public hearing at 7:27 p.m.
Mark Hudak, 216 Park Road, Burlingame, represented the applicant.
Commission comments:
With respect to the root protection fencing referenced in Condition 26, are the posts driven into the
ground and not skid mounts (yes).
Discussed the cash deposit of $118,780 referenced in Condition 33 as a means of guaranteeing the
viability of the Redwood grove. Ultimately determined that the cash deposit should continue to be
retained.
Commissioner Brownrigg noted that this, and the next item, are the end of a long and, at times,
contentious process. He still regrets that the large parcel was divided into three parcels, since
Burlingame values a diverse housing stock, which includes various lot sizes. That said, compromises
were made on size and setbacks, and this is a reasonable outcome.
Pat Giorni, 1445 Balboa Avenue, doesn't think applicant has suffered any punishment by City. Feels that
applicant is intent on developing all emergent lots in City and building large homes; eliminating affordable
housing units. Developers do not pay for damage to City streets as a result of new construction projects.
Cash deposit should not be returned for at least 5-years after completion of project. Suggested lot split
resulting in dedication of the portion of Lot 9 containing the Redwood grove to the City.
There were no further comments and the public hearing was closed at 7:50 p.m.
CG�ii3iSSlOf1eT Ausan movcd ta apprav� t;� app;�caf��n, uy i ES�itiii�i7, i�i�itii t;� ;c;;c�%ir,g ccrdit�cr,s:
that the project shall be built as shown on the plans submitted to the Planning Department date
stamped iVlarch 13, 2007, sheets A.1, l�.4 through A.6, U.1, L1.1, S.1 and D.1 through D.4, and date
stamped June 7, 2007, sheets A.2, A.3, A.4A, A.46, A.5A, A.SB and L1.0; 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 to the tree protection plan or tree trimming shall require review
by the Planning Commission and an amendment to this permit;
2. that any changes to the size or envelope of the 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;
3. that prior to scheduling the framing inspection the project architect or residential designer, or another
architect or residential design professional, shall provide an architectural certification that the
architectural details shown in the approved design which should be evident at framing, such as
window locations and bays, are built as shown on the approved plans; architectural certification
documenting framing compliance with approved design shall be submitted to the Building Division
4
City of Burlingame Planning Commission Approved Minutes
before the final framing inspection shall be scheduled;
July 9, 2007
4. that prior to final inspection, Planning Division 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 Engineer's April 8, May 31, June 4, August 15 , August 30, and October
15, 2002, June 27, 2005, and June 18, 2007 memos, the Fire Marshal's September 3, 2002, June 23,
2005 and June 18, 2007 memos, the Chief Building Official's August 5, 2002, June 27, 2005 and June
15, 2007 memos, the Recycling Specialist's August 27, 2002, and June 27, 2005 memos, the NPDES
Coordinator's June 27, 2005 memo, and the City Arborist's September 3, 2002, and April 3 and May
21, 2003, and April 13, 2007 memos shall be met;
7. that any grading or earth moving on the site shall be required to have a City grading permit, be
overseen by the project arborist, inspected by the City Arborist, and be required to comply with all the
regulations of the Bay Area Air Quality Management District and with all the requirements of the permit
issued by BAAQMD;
8. that there shall be no heavy equipment operation or hauling permitted on weekends or holidays during
the development of Lot 9; use of all hand tools shall comply with the requirements of the City's noise
ordinance;
9. that 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 occurwithin the redwood tree grove
protective fencing on Lot 9;
10. that construction of the house and attached garage on Lot 9 shall be completed through Lot 10 at rear
of Lot 9;
11. that heavy construction materials and equipment shall not be delivered to the site or stored at the front
of Lot 9 in the designated driveway area;
12. that at !?o time shall any equipment exceeding 18,000 LBS be allowed to be within 30 feet of the
currently fenced off Redwood Tree Grove protection zone;
13. that prior to the placement or use of any motorized equipment within 30 feet of the currently fenced
Redwood Tree Grove protection zone, a protective layer of mulch one foot deep with 3/4 inch plywood
on top, shall be installed and inspected by the project arborist to avoid further soil compaction of the
area; post construction the protective plywood and mulch may be removed as approved by the project
arborist;
14. 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;
15. 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;
5
Cify of Burlingame Planning Commission Approved Minutes
July 9, 2007
16. that all new utility connections to serve the site, and which are affected by the development, shall be
installed along the left side property line between the driveway and property line to meet current code
standards; 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 the project arborist and
inspection by the City Arborist;
17. that the new sewer connection to the sewer main in the street shall be installed along the left side
property line to City standards as required by the development;
18. 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;
19. 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;
20. 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;
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 or necessary changes to the tree protection program or to address new issues which
may arise during construction;
24. that should any cultural resources be discovered during construction, work shall be hatted until they
are fully investigated by a professional accepted as qualified by the Community Development Director
and the recommendations of the expert have been executed to the satisfaction of the City;
25. that no installation work on the driveway or landscaping on the site shall occur until the timing, design,
method of construction and materials have been approved by the City Arborist, and the project 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 i�specied regularly by the City Arborist durny- co� �st� u�fi�� � ��r �a�p{iarce v�ith the approved
materials and method of installation; it shall be the responsibility of the property owner to notify the
City Arborist when construction of the driveway on Lot 9 is to begin;
26. 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; and that the root protection fencing shall not be removed until construction is complete on
Lots 9 and 10, except if the portion of the protective fence on Lot 9 in the area of the driveway may be
removed to install the driveway with the approval of the City Arborist; the removal of a section of the
fence should not disturb the maintenance irrigation system installed within the tree protective fencing;
27. that special inspections by the City Arborist, to be funded by the property owner, shall include being 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 and
during digging for removal or installation of any utilities; and that the special inspections by the City
Arborist shall occur once a week or more frequently as required by the conditions of approval and
shall include written documentation by the project arborist that all tree protection measures are in
place and requirements of the conditions of approval are being met; and that the City Arborist shall
also stop work for any violation of the conditions related to the protection, conservation and
L
City of Burlingame Planning Commission Approved Minutes
maintenance of trees on the site;
July 9, 2007
28. that under the observation of the City 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; and that if any roots greater than 2 inches in diameter are encountered during the
digging for the pier holes, the project 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; and that if at any time during the installation of the pier
and grade beam foundations roots greater than 2 inches in diameter must be cut, the situation must
be documented by the project arborist and approved by the City Arborist prior to the time the roots are
cut;
29. 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, the report shall be approved
prior to the issuance of a building permit for construction on the site; and if at any time during the
construction the pier locations must be altered to accommodate a Redwood tree root, the structural
changes must be approved by the Building Department prior to the time any such root is cut or
damaged;
30. that the property owner shall submit a complete landscape plan for approval by the City Arborist prior
to a Building permit being issued to address the landscaping and fence installation on the site,
including plantings, irrigation, electricity, fences, retaining walls and soil deposits on the site;
installation of all landscape features shall be overseen by the project arborist and regularly inspected
by the City Arborist, including fence post holes; and work shall be stopped and plans revised if any
roots of 2 inches in diameter or greater are found in post holes or any new landscape materials added
endanger the redwood trees;
31. that no fencing of any kind shall be allowed for the first 65'-0" along the side property line between
Lots 9 and 10;
32. that for tree maintenance the property owner shall be responsible for maintenance of the protected
Redwood grove during demolition and construction work on the project and for a 5-year post
construction maintenance program for the Redwood trees and their root structure; including deep root
fertilizing, beginning upon final inspection; this maintenance program shall be as recommended by the
CityArborist based on site studies and experience during construction; and thatthe propertyownerof
record shall submit a report from a certified arborist to the Planning Department that discusses the
hea{th af the trees a�d an� i cCGfiiRi2i�G��u ���ai� �te�arce on ►h� trees or oth�r recommended actio�s
on the property no later than one year after the completion of construction (issuance of an occupancy
permit) on the project and every two years thereafter for a period of 5 years;
33. that the property owner shall deposit with the City $118,780 based on the appraisal of the value of the
four Redwood trees accepted by the City Arborist and City Attorney on Lots 9 and 10, as security to
the City against one or more of the Redwood trees dying as the result of construction or within 5 years
of the completion of construction due to problems attributable to construction; these funds shall be
available to the City Arborist to cover any necessary removal costs, cover any unperFormed
maintenance or other corrective activities regarding the grove of Redwood trees; nothing 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 trees;
34. that for purposes of these conditions the project arborist is a certified arborist hire by the property
owner/developer; a certified arborist means a person certified by the International Society of
Arboriculture as an arborist;
35. that before issuance of any demolition or building permit, the property owner shall record a deed
7
City of Burlingame Planning Commission Approved Minutes
July 9, 2007
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;
36. that the project shall meet all the requirements of the Califomia Building and Fire Codes, 2001 Edition,
as amended by the City of Burlingame;
37. that before any grading or construction occurs on the site, these conditions and a set of approved
plans shall be posted on a weather-proofed story board at the front of the site to the satisfaction of the
Building Department so that they are readily visible and available to all persons working or visiting the
site;
38. that if work is done in violation of any requirement in these conditions prior to obtaining the required
approval of the City Arborist, and/or the Building Division, work on the site shall be immediately halted,
and the project shall be placed on a Planning Commission agenda to determine what corrective steps
should be taken regarding the violation;
39. that 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;
40. 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
canditian$ 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;
41. that the property owner shall maintain throughout construction a three-inch thick layer of �.�ell 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;
42. that prior to issuance of a building permit for construction on Lot 9, the property owner shall ensure
maintenance of the supplemental irrigation system of approximately 250 feet of soaker hoses attached
to an active hose bib, 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 finro weeks, until the
upper 24-inches of soil is thoroughly saturated; the City Arborist shall periodically test the soil moisture
to ensure proper irrigation;
8
City of Burlingame Planning Commission Approved Minutes
�Uiy s, 200�
43. that prior to issuance of a building permit for construction on Lot 9, the property owner shall ensure
maintenance of 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 NotAlteror Remove" and in
the event of movement or problem call a posted emergency number;
44. that the Redwood Tree Grove Protective Fencing on Lot 9 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;
45. that before issuance of a building permit, the property owner shall deposit $7,500 with the Planning
Department to fund, on an hourly basis, the City Arborist inspections as required by the conditions of
approval 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 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;
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;
a!��
that this same account may be used for a licensed arborist inspector on lot 9 selected by the City
Arborist and approved by the Community Development Director.
46. that prior to the final inspection, the applicant shall work with the property owner adjacent to Lot 9 to
determine the type of fence and/or landscaping to replace the existing brick pillars separated by grape
stake fencing.
The motion was seconded by Commissioner Terrones.
Commissioner Osterling noted that he would vote against the motion since he believes that the cash deposit
for the Redwood grove should be released.
Chair Deal called for a voice vote on the motion to approve. The motion passed 4-1-2 (Commissioner
Osterling dissenting, Commissioners Cauchi and Vistica absent). Appeal procedures were advised. This
item concluded at 7:50 p.m.
0
City of Burlingame Planning Commission Approved Minutes
July 9, 2007
3. 1537 DRAKE AVENUE, LOT 10, ZONED R-1 - APPLICATION FOR AMENDMENT TO MITIGATED
NEGATIVE DECLARATION, DESIGN REVIEW, CONDITIONAL USE PERMI�T FOR EMERGING LOTS,
AND SPECIAL PERMITS FOR BUILDING HEIGHT AND DECLINING HEIGHT ENVELOPE TO
CONSTRUCT A NEW TWO-STORY SINGLE FAMILY DWELLINGS (OTTO MILLER, APPLICANT AND
PROPERTY OWNER; JAMES CHU, CHU DESIGN & ENGR., INC., DESIGNER) (55 NOTICED)
PROJECT PLANNER: RUBEN HURIN
Reference staff report dated July 9, 2007, with attachments. Planner Hurin presented the report, reviewed
criteria and staff comments. Forty-five (45) conditions were suggested for consideration.
Chair Deal opened the public hearing at 7:57 p.m.
Mark Hudak, 216 Park Road, Burlingame, represented the applicant.
There were no Commissioner comments.
Janet Garcia, 1561 Drake Avenue, encouraged retention of the cash deposit related to the Redwood grove.
There were no further comments and the public hearing was closed at 7:18 p.m.
CommissionerAuran moved to approve the application, by resolution, with the following conditions:
that the project shall be built as shown on the plans submitted to the Planning Department date
stamped March 13, 2007, sheets A.1, A.4, A.S, U.1, L1.1, S.1 and D.1 through D.4, and date stamped
June 7, 2007, sheets A.2, A.3, A.4A, A.46, A.5A, A.56, A.6 and L1.0;
2. that any changes to the size or envelope of the 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;
3. that prior to scheduling the framing inspection the project architect or residential designer, or another
architect or residential design professional, shall provide an architectural certification that the
architectural details shown in the approved design which should be evident at framing, such as
window locations and bays, are built as shown on the approved plans; architectural certification
documenting framing compliance with approved design shall be submitted to the Building Division
before the final framing inspection shall be scheduled;
4. that prior to final inspection, Planning Division 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 ihat 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, June 27,
2005, and June 18, 2007, memos, the Fire Marshal's September 3, 2002, June 22, 2005, and June
18, 2007 memos, the Chief Building Official's August 5, 2002, June 27, 2005, and June 15, 2007
memos, the Recycling Specialist's August 27, 2002, and June 27, 2005 memos, the NPDES
Coordinator's June 27, 2005, memo, and the City Arborist's September 3, 2002, and April 3 and May
10
City of Burlingame Planning Commission Approved Minutes July 9, 2007
21, 2003, and April 13, 2007 memos shall be met;
7. that any grading or earth moving on the site shall be required to have a City grading permit, be
overseen by the project 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 10; use of all hand tools shall comply with the requirements of the City's noise
ordinance;
9. that 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;
10. that construction materials shall not be staged on Lot 9; all heavy equipment and materials shall be
staged along the right side of the property on Lot 10;
11. that at no time shall any equipment exceeding 18,000 LBS be allowed to be within 30 feet of the
currently fenced off Redwood Tree Grove protection zone;
12. that prior to the placement or use of any motorized equipment within 30 feet of the currently fenced
Redwood Tree Grove protection zone, a protective layer of mulch one foot deep with 3/ inch plywood
on top, shall be installed and inspected by the project arborist to avoid further soil compaction of the
area; post construction the protective plywood and mulch may be removed as approved by the project
arborist;
13. 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;
14. 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;
15. that all new utility connections to serve the site, and which are affected by the development, shall be
installed along the right side property line 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 the project arborist and inspection by the City Arborist;
16. that the new sewer connection to the public sewer main shall be installed along the right side property
line to City standards as required by the development;
17. 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;
18. 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;
19. that prior to installation of any sewer laterals, water or gas connections on the site, the properly owner
shall submit a plan for approval by the City Engineer and the City Arborist;
20. that all runoff created during construction and future discharge from the site will be required to meet
National Pollution Discharge Elimination System (NPDES) standards;
11
City of Burlingame Planning Commission Approved Minutes July 9, 2007
21. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance;
22. that the project property owner shall obtain Planning Commission approval for any revisions to the
proposed house and/or accessory structure or necessary changes to the tree protection program or to
address new issues which may arise during construction;
23. that 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 Community Development Director
and the recommendations of the expert have been executed to the satisfaction of the City;
24. that 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 the project arborist and regularly
inspected by the City Arborist;
25. that the established root protection fencing shail be inspecied reguiarly by the City Arborist and shall
not be adjusted or moved at any time during demolition or construction unless approved by the City
Arborist; that the root protection fencing shall not be removed until construction is complete on Lots 9
and 10, except if the portion of the protective fence on Lot 9 in the area of the driveway may be
removed to install the driveway with the approval of the City Arborist; the removal of a section of the
fence should not disturb the maintenance irrigation system installed within the tree protective fencing;
26. that the 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 the project arborist and approved by the
City Arborist; that if any roots greater than 3 2 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 project arborist and approved by the City Arborist prior to cutting any roots; and that if at any time
the project 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;
27. that special inspections by the City Arborist, to be funded by the property owner, shall include being 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, and
during digging for removal or installation of any utilities; that the special inspections by the City Arborist
shall occur once a week or more frequently as required by the conditions of approval and shall include
:��r:ttpn doc�rns^�atior hy ±he prejs�t arberist ±h�t al! t�ep rrotectien :�easures �re in pla�e and
requirements of the conditions of approval are being met; that no materials or equipment shall be
stockpiled or stored in any area not previously approved by the City Arborist; and that the City Arborist
r�ay also stop wrork for any violation of the corditions related to the protection, conservation and
maintenance of trees on the site;
28. that under the observation of the City 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; that if any roots greater than 2 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; and that if at any time
during the installation of the pier and grade beam foundations roots greater than 2 inches in diameter
must be cut, the situation must be documented by the project arborist and approved by the City
Arborist prior to the time the roots are cut;
29. 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
12
City of Burlingame Planning Commission Approved Minutes
July 9, 2007
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; and that if at any time during the
construction the pier locations must be altered to accommodate a Redwood tree root, the structural
changes must be approved by the Building Department prior to the time any such root is cut or
damaged;
30. that the property owner shall submit a complete landscape plan for approval by the City Arborist prior
to a Building permit being issued to address the landscaping and fence installation on the site,
including plantings, irrigation, electricity, fences, retaining walls and soil deposits on the site;
installation of all landscape features shall be overseen by the property owner's arborist and regularly
inspected by the City Arborist, including fence post holes; and work shall be stopped and plans
revised if any roots of 2 inches in diameter or greater are found in post holes or any new landscape
materials added endanger the redwood trees;
31. that no fencing of any kind shall be allowed for the first 65'-0" along the side property line befinreen
Lots 9 and 10;
32. that for tree maintenance the property owner shall be responsible for maintenance of the protected
Redwood grove during demolition and construction work on the project and for a 5-year post
construction 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; and that the
property owner of record 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
(issuance of an occupancy permit) on the project and every finro years thereafter for a period of 5
years;
33. that the property owner shall deposit with the City $118,780 based on the appraisal of the value of the
four Redwood trees accepted by the City Arborist and City Attorney on Lots 9 and 10, as security to
the City against one or more of the Redwood trees dying as the result of construction or within 5 years
of the completion of construction due to problems attributable to construction; these funds shall be
available to the City Arborist to cover any necessary removal costs, cover any unperformed
maintenance or other corrective activities regarding the grove of Redwood trees; nothing in this
condition is intended to limit in any way any other civil or criminal penalties that the City or any other
�E� scr� r-�ay have r��a� d�r�g darray� �r ���s �f tr��s;
34. that for purposes of these conditions the project arborist is a certified arborist hire by the property
owner/developer; a certified arborist means a person certified by the International Society of
Arboriculture as an arborist;
35. that before issuance of any demolition or building permit, the properly 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
13
City of Burlingame Planning Commission Approved Minutes
July 9, 2007
with a certified arborist, and if any damage to the trees occurs, will result in penalties and
possible criminal prosecution;
36. that the project shall meet all the requirements of the California Building and 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;
37. that before any grading or construction occurs on the site, these conditions and a set of approved
plans shall be posted on a weather-proofed story board at the front of the site to the satisfaction of the
Building Department so that they are readily visible and available to all persons working or visiting the
site;
38. that if work is done in violation of any requirement in these conditions prior to obtaining the
required approval of the City Arborist, and/or the Building Division, work on the site shall be
immediately halted, and the project shall be placed on a Planning Commission agenda to
determine what corrective steps should be taken regarding the violation;
39. that the Redwood Tree Grove Protective Fencing shall be maintained during construction on Lot 10,
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;
40. 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;
41. that the property owner shall maintain throughout construction a three-inch thick layer of well aged,
course wood chip mulch (not bark) and a finro-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;
42. that prior to issuance of a building permit for construction on Lot 10, the property owner shall ensure
maintenance of the supplemental irrigation system of approximately 250 feet of soaker hoses attached
to an active hose bib, 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 finro 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 finro weeks, until the
upper 24-inches of soil is thoroughly saturated; the City Arborist shall periodically test the soil moisture
to ensure proper irrigation;
43. that prior to issuance of a building permit for construction on Lot 10, the property owner shall ensure
maintenance of 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 NotAlteror Remove" and in
the event of movement or problem call a posted emergency number;
44. that the Redwood Tree Grove Protective Fencing on Lot 10 shall be regularly inspected by the project
arborist and Ciry 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
14
City of Burlingame Planning Commission App�oved Minutes
July 9, 2007
been determined by the City Arborist and the property owner has implemented all corrective measures
and they have been approved by the City Arborist; and
45. that before issuance of a building permit, the property owner shall deposit $7,500 with the Planning
Department to fund, on an hourly basis, the City Arborist inspections as required in the conditions of
approval of 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
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
f. that this same account may be used for the City ArborisYs selected licensed arborist inspector
on lot 10 selected by the City Arborist and approved by the Community Development Director.
The motion was seconded by Commissioner Terrones.
Commissioner Osterling asked if the cash deposit would still be retained if Condition 33 were eliminated
frciii ii�i� Cvii`��tic� �� cf aNNrava! for L�� �{t�. vQiiiijiuili�! �i�V�i�'i�ii�eiii �iiiei.iv� iVi�@n�� f@��Qiiu@u �fl2ii �iiiC�.�
the requirement for the deposit remains with Lot 9, the applicant would still be required to leave it on deposit
with the City.
Chair Deal called for a voice vote on the motion to approve. The motion passed 5-0-2 (Commissioners
Cauchi and Vistica absent). Appeal procedures were advised. This item concluded at 8:02 p.m.
15
BUitL.tNGAME
COMMUNITY DEVELOPMENT DEPARTMENT • 501 PRIMROSE ROAD • BURLINGAME, CA 94010
p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org
APPLICATION TO THE PLANNING COMMISSION
Type of application:
❑ Design Review ❑ Variance ❑ Parcel #:
❑ Conditional Use Permit ❑ Special Permit I„�' Other: v+�ch r�t�
PROJECT ADDRESS: _ ( S3'7 d- / ��{ 3 � is.�- /�c �-�� �.e
� Please indicate the contact person for this project
APPLICANT pro)ect contact person ❑
OK to send electronic copies of documents 0
Name: 6 �-� �/Vl i l �e�
Address: f � � . /�o� / �- (
City/State/Zip: �u. ����cC /i�xP ('�¢ �'1 YU//
Phone: C �o �� 3 � O — �fl(�
Fax: _ � Co �'Ci�i 3 �-f O — �Y
E-mail: O�-Ev � O-�pvrt i 6/e� �av�'I
PROPERTY OWNER project contact person ❑
OK to send electronic copies of documents ❑
Name:
Address:
City/State/Zip:
Phone:
Fax:
E-mail:
ARCHITECT/DESIGNER Pro�ect contact person ❑
OK to send electronic copies of documents ❑
Name: C�t f2e c f-t 'f ��,c -r e ����
Address: ,S�S l�t> . 3 rcP A- v e
City/State/Zip: _ S�rz �1.,4-��� . C/°r 'rj �-f � 03
Phone: � � Sa ��`-F .� 5 a � �
Fax: CG��� 3`t5= (��
E-mail: ��es �C�r�t 2s�n� Cm�,�►
�* Burlingame Business License #:
PROJECT DESCRIPTION: /� ���W1 Cw�
�o r�� � �'I'10�
, . � -
�� �
F. ` �.., ...- ..._. . _ , ...
�,'M1�. i'�i �_ ._ � _ _ .
. :'}� .: - _.
�t' �i ,pA:bd A. I ,
AFFADAVIT/SIGNATURE: I hereby certify under penalty of perjury that the information given herein is true and correct to the
best of my knowledge and ¢ ief. ��,.�
� /
Applicant's signature: \ �� � Date: ( ��`�/ O �'
I am aware of the proposed application and hereby authorize the above applicant to submit this application to the Planning
Commission. A�� � � c�.,,
Property owner's signature: ���� l�<</�O�/
„ � �) A� Date:
Date submitted:
yt Verification that the project architect/designer has a valid Burlingame business license will be required by the
Finance Department at the time application fees are paid.
❑ Please mark one box above with an X to indicate the contact person for this project. S:�Handouts�PC Application 20o8-B.handout
CiTY OF BURLINGAME
Ciky Hal! — 501 P�irnrose Road
Burtingame, Ce(ifomla S4011?-3997
!'"'`'f'�'`: '
���:�, .. ...f�i
i�� '� ! �
�T.a�x� :�.
�--,.,.;d-.,,4� i
�;.�;;L ,�_: _
PH: (�50) 558-7250
FAX: (650) 69�-879U
_. . _ _
January 20, 2049
To
From
���
Ruben Hurin, Senior Planner
Steve Porter, Arborist ,
Tree Protection Deposit / 1537 and 1543 Drake 1-�venue
��������
,IAN `�' €� 2009
CIT`�' OF BURLINGAf�IE
PLIkNNING DEPT.
In response to Otto Miller's request to release the tre� protection funds, I da agree with the
Mayne Tree Arborist report, (12/17/08), that the Redwood Tree Grove is currently in excellent.
eondition and that it has fully recovered from the aceidental root damage which oecurred during
initial site grading five years ago. I also agree that there has been no further damage to the trees
to date, and that so far the construction has followed the tree protection reeommendations and the
conditions of approval.
I am in support of a request by Mr. Miller to an amendment to the conditions of approval for
release of the funds, although, only after completion of the building project. To insure that n�
further construction accidents or stress to the grove of trees occurs, that a11 tree protections,
conditions of approval, and all necessary documentation regarding the trees are in place, I intend
to inspect and sign off on the project only after a11 other City departments have done so.
COMMUNITY DEVELOPMENT DEPARTMENT
Millet� Developmenf
P.O. Box 121
Burlingame, CA 94011
(650) 340-8112
(650) 340-8435 Fax
January 14, 2009
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
Attn: Planning Commission
Re: 1537 & 1543 Drake — monies held by City of Burlingame
Dear Planning Commission:
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On November 7, 2003, I deposited $118,780.00 with the City of Burlingame, as security
deposit for the redwood trees at 1537 and 1543 Drake Avenue. This money was deposited in
lieu of a bond because a bonding company could not bond the trees in the r�anner the City
requested. The money was to be held for five years. This time period was designed to cover
the period of construction, to insure against any damage caused by the construction.
The pier-and-grade-beam grade foundation and final grading is done and the rest of the
construction poses no risk to the redwoods. (The pier-and-grade-beam foundation was
designed explicitly to eliminate any impact to the redwood trees.) Mayne Tree Expert
Company has monitored the trees for the past five years, closely with Steve Porter, City
Arborist. Mayne and Steve Porter were both overseeing the start of the new construction
from the digging of the piers to the final grading of the lots, and both were very pleased with
the results. I have attached a letter from Mayne Tree Expert Company stating that the trees
are in excellent condition and Steve Porter will confirm that.
Waiting a fu11 five years to start construction was beneficial to the trees, and had I started in
2003 my money would have been returned to me by now.
I feel that the City of Burlingame no longer needs to hold my money, because I have
accomplished what we set out to do. I have built many homes in Burlingame in the last
twenty years and have not had a similar condition placed upon any other project.
I feel that the intent of the monies has been well served. The trees are healthy and
unaffected by the construction. I respectfully request that the City of Burlingame return the
money to me.
Sincerely,
��°`v�-"�"�
Otto Miller
Otto J. Miller
P.O. Box 121
Surlingame, �CA 94010
(650) 340-8112 ph
(650) 340-8435 fax
December 19, 2008
William Meeker
Community Development'Direotor
City of Burlingatne �
50.1 Prirnrose Road
Burlingame, CA 94010
Re: Deposit for tree protection on Drake Avenue
Dear Bill:
I own the lots at 1537 and 1543 Drake Boulevard.
�.��������
DEC 1 � 2008
CITY OF Bl!RUNGAME
PLANNING DEPT.
More than five years ago some grading was done on these lots, and during the grading some
tree roots were cut. At that time, the City required that I i.nstitute a remediation program that
included mitigation measures for the trees and special requirements for the foundations of
the houses to be built. In addition, I was' supposed to post a bond for the value of each tree
($118,700 in total) to ensure that the remediation program would be carried out. There was
no surety company willing to write such an unusual bond, so I ended. up having to post the
entire $118,700 in cash. The depo5it was supposed to be in place for five years after �the
houses were built. � _
At the time, I expected to proceed with the new homes right away. However, I did not begin
construction until #he fall of this year. So, the trees were untouched during the entire five
yEar; befar� ccns�z;,ticu �egwn. T'�:r�g ±�?t r-r'e,'-n� arL�orist �erfonaned all the mitigation,
including mulching, watering, ferlilizing, and regular•pruriing, that was agreed to, with Steve
Porter, City Arborist. Through the passage of time and the mitigation measures, tl�e trees are
doing beautifully. My azborist has written a letter to the Ciiy Arborist, Steve Porter,
certifyi.ng the health of the trees. I believe that Mr. Porter�agrees witli tlus assessment.
The grading on the lots is complete. We completed the insta.11ation of. the special pier
foundation for both houses, and above-ground construction is well under way. The balance
of construction from �now until completion will have no impact on the trees. The trees are
fully protected with fencing and signage, which will stay in place, until the City Arborist
recommends removal. •
Steve Porter, City Arborist, has been involved in irhis project since its inception, and has
continually monitored the condition and maintenance of the trees. Steve Porter has visited the
site before, during and after grading and installation the foundations and was very pleased
At this point, I feel that the purposes of the remediation program have been fulfilled. The
trees should be treated in the same way as trees at any other site. Burlingame has allowed
construction of homes and garages much closer to redwood trees than the houses on these
iwo lots, but no one else has been required to put up a deposit. There is no need for the City
to continue to hold my funds any longer.
The bond/deposit was part of the coriditions of approval for these two homes. I would like
to initiate the process of having these conditions amended due to the (positive) changes that
have occurred since the date of approval. Please let me know what I need to� do to. get this
process sta.rted. ,
Sincerel ,
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Otto Miller
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Mr. Steven Porter
Cit3� Arborist
City of Burlingame
Parks & Recreation Department
850 Buriingame Ave�ue
Buriingame, CA 94010
December 17, 2008
Dear Mr. Porter,
RE: 1537 Dt�,�,KEAvE., BURLINGAME
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This letter is to inform you thai the redwood trees located at 1537 and 1543 Drake
Avenue are in excellent condition and have fuliy recovered.
The roots of some of these trees were damaged in a grading accident more than five
l�ears ago. At that time, I worked with the City Arborist, StevE Porter, and an outside
consultant h� as hat the trees wou d eed f vletlea' snoffpeace ta ecover. Thee
eonsensus w
remediation plan was implemented with that in mind.
At the tirr►e vde were working on the plan, we assumed that the property owner would
begin construction on these lots right away. However, construction did not start unti{ this
past faii, so the trees got almost five ful! years of remediation without any �dditional
stress. This was a better outcome than we had anticipated when designing ihe
��_� _ �� ,.f+�o n-;i±���+��,n uve have oerformed
remediatian measures. 1 am enciosing a ���� �f a�� �� �
during the remediation period.
As a resu{t of the long defay in beginning constructiar�, the trees !�ave recovered
beautifully and show no continued effects from the original accident. I believe that the
City Arborist agrees with this assessment.
Cur af�►ce obser�ed the installatian of the special footings for the new residences to
ensure that the trees were protected. The foundations were installed without incident.
The trees �continue to be protected by fencing, signs, and the other required measures.
The trees are unlikely to be affected by the remaining construction of the houses, no�nr
that the foundations are instailed.
1537 Drake Ave., Burlingame - 2- December 17, 2008
Basec� on these factors, I believe that the purpose of the remediation program has been
more than satisfied. i know that the property owner has put up cash to secure
performance of ihe mitigation measures, and it would be appropriate to release these
funds now.
Sincerely, .�. , �\
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Richard L. Huntin ton
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Certified Arborist WE #0119A �� ���� L ff�Nl���eo�� . �Q��ay, ���Ti,y��9�,��
Cerkified Forester #1925
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cc: Ruben Hurin, City Planner � �
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9537 Drake Ave., Burlingame - 3- December 17; 2008
�af� �'�
report
04-05-2001
02-04-2Q02
06-14-20G�
04-28-2Q03
Q6-11-2Q03
09-08-2003
10-02-2003
1 �-09-20�3
11-26-2003
01-23-2004
C�2-� 0-�004
03-04-20Q4
05-13-2004
06-22-2Q06
0�-15-2006
09-28-2006
1 Q-19-2006
05-22-2007
�7-2'i -2�OS
07-3Q-2008
lEiCti�ll��
Initial visit
Initial impact report
Demoiifion impaci �e�ort
Determining rooi aepin
Excavation inspection
Tree appraisals
Determining root depth
lnspecting tree protection
fencing �
Inspection of mistaken
excavatian
�n-site discussion of air
spade
Inspect air spade excavatian
Pier hole root probing
Fertilized redwoods
Discussion on driveways
Reviewing pr�posed
(andscape
Site review
Proposed lot #9 driveway
Inspecting tree health
Pier hole on-site disc�ssion
Pier hole inspection
i�iitiga��ng act@oa�
N!A
Report
N6ulching & fertilizing en drip system
�'C�pOi Oi iii �uirC�S
Flip driveway — expand tree
Report on findings
Repor� & watering recommended
Report on root cutti�g — fill hole
Report done
F�eport on findings
Report on findings
800 gallons of 22-14-14
Fieport on findings
Report on findings
Aerate filied area (see 11-26-2003)
Report on findings
Rsport on findings
Report on findings
Report on findings
RESOLUTION APPROVING AMENDMENT MITIGATED NEGATIVE DECLARATION,
DESIGN REVIEW, CONDITIONAL USE PERMIT AND SPECIAL PERMITS TO AMEND
CONDITIONS OF APPROVAL
RESOLVED, by the Planning Commission of the City of Burlingame that:
WHEREAS, an Amendment to Mitigated Negative Declaration has been proposed and
application has been made for Amendment to Mitiqated Neqative Declaration, Design Review,
Conditional Use Permit and Special Permits to amend Conditions of Approval reqarding security
deposit for existing Redwood trees related to a new sinqle familv dwellinqs under construction at
1537 Drake Avenue, zoned R-1, Otto Miller. P.O. Box 121, Burlingame. CA. 94011, property
owner, APN: 026-033-280;
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
January 26. 2009, 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 RESOLVED and DETERMINED by this Planning Commission that:
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 Mitigated Negative Declaration ND-523P, is hereby approved.
2. Said Amendment to Mitigated Negative Declaration, Design Review, Conditional Use
Permit and Special Permits is approved, subject to the conditions set forth in Exhibit "A"
attached hereto. Findings for such Amendment to Conditions of Approval are as set
forth in the minutes and recording of said meeting.
3. It is further directed that a certified copy of this resolution be recorded in the official
records of the County of San Mateo.
Chairman
I, , Secretary of the Planning Commission of the City of Burlingame, do hereby
certify that the foregoing resolution was introduced and adopted at a regular meeting of the
Planning Commission held on the 26th day of Januarv. 2009 by the following vote:
Secretary
EXHIBIT "A"
Conditions of approval for Amendment to Mitigated Negative Declaration, Design Review,
Conditional Use Permit and Special Permits.
1537 Drake Avenue
Effective February 5, 2009
that the project shall be built as shown on the plans submitted to the Planning Department date
stamped March 13, 2007, sheets A.1, A.4 through A.6, U.1, L1.1, S.1 and D.1 through D.4, and
date stamped June 7, 2007, sheets A.2, A.3, A.4A, A.4B, A.5A, A.5B and L1.0; 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 to the tree protection plan or
tree trimming shall require review by the Planning Commission and an amendment to this
permit;
2. that any changes to the size or envelope of the 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;
3. that prior to scheduling the framing inspection the project architect or residential designer, or
another architect or residential design professional, shall provide an architectural certification
that the architectural details shown in the approved design which should be evident at framing,
such as window locations and bays, are built as shown on the approved plans; architectural
certification documenting framing compliance with approved design shall be submitted to the
Building Division before the final framing inspection shall be scheduled;
4. that prior to final inspection, Planning Division 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 Engineer's April 8, May 31, June 4, August 15 , August 30, and
October 15, 2002, June 27, 2005, and June 18, 2007 memos, the Fire Marshal's September 3,
2002, June 23, 2005 and June 18, 2007 memos, the Chief Building Official's August 5, 2002,
June 27, 2005 and June 15, 2007 memos, the Recycling Specialist's August 27, 2002, and
June 27, 2005 memos, the NPDES Coordinator's June 27, 2005 memo, and the City Arborist's
September 3, 2002, and April 3 and May 21, 2003, and April 13, 2007 memos shall be met;
7. that any grading or earth moving on the site shall be required to have a City grading permit, be
overseen by the project 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;
EXHIBIT "A"
Conditions of approval for Amendment to Mitigated Negative Declaration, Design Review,
Conditional Use Permit and Special Permits.
1537 Drake Avenue
Effective February 5, 2009
Page 2
8. that there shall be no heavy equipment operation or hauling permitted on weekends or holidays
during the development of Lot 9; use of all hand tools shall comply with the requirements of the
City's noise ordinance;
9. that as much employee parking as possible shall be accommodated on the site during each of
the phases of development; construction activity and parking shall not occur within the redwood
tree grove protective fencing on Lot 9;
10. that construction of the house and attached garage on Lot 9 shall be completed through Lot 10
at rear of Lot 9;
11. that heavy construction materials and equipment shall not be delivered to the site or stored at
the front of Lot 9 in the designated driveway area;
12. that at no time shall any equipment exceeding 18,000 LBS be allowed to be within 30 feet of the
currently fenced off Redwood Tree Grove protection zone;
13. that prior to the placement or use of any motorized equipment within 30 feet of the currently
fenced Redwood Tree Grove protection zone, a protective layer of mulch one foot deep with 3/4
inch plywood on top, shall be installed and inspected by the project arborist to avoid further soil
compaction of the area; post construction the protective plywood and mulch may be removed
as approved by the project arborist;
14. 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;
15. 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;
16. that all new utility connections to serve the site, and which are affected by the development,
shall be installed along the left side property line between the driveway and property line to
meet current code standards; 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 the project arborist and inspection by the City Arborist;
17. that the new sewer connection to the sewer main in the street shall be installed along the left
side property line to City standards as required by the development;
EXHIBIT "A"
Conditions of approval for Amendment to Mitigated Negative Declaration, Design Review,
Conditional Use Permit and Special Permits.
1537 Drake Avenue
Effective February 5, 2009
Page 3
18. 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;
19. 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;
20. 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;
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 or necessary changes to the tree protection program or to address new
issues which may arise during construction;
24. that should any cultural resources be discovered during construction, work shall be halted until
they are fully investigated by a professional accepted as qualified by the Community
Development Director and the recommendations of the expert have been executed to the
satisfaction of the City;
25. that no installation work on the driveway or landscaping on the site shall occur until the timing,
design, method of construction and materials have been approved by the City Arborist, and the
qroject 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 for
compliance with the approved materials and method of installation; it shall be the responsibility
of the property owner to notify the City Arborist when construction of the driveway on Lot 9 is to
begin;
26. 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; and that the root protection fencing shall not be removed until
construction is complete on Lots 9 and 10, except if the portion of the protective fence on Lot 9
in the area of the driveway may be removed to install the driveway with the approval of the City
Arborist; the removal of a section of the fence should not disturb the maintenance irrigation
system installed within the tree protective fencing;
EXHIBIT "A"
Conditions of approval for Amendment to Mitigated Negative Declaration, Design Review,
Conditional Use Permit and Special Permits.
1537 Drake Avenue
Effective February 5, 2009
Page 4
27. that special inspections by the City Arborist, to be funded by the property owner, shall include
being 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 and during digging for removal or installation of any utilities; and that the
special inspections by the City Arborist shall occur once a week or more frequently as required
by the conditions of approval and shall include written documentation by the project arborist
that all tree protection measures are in place and requirements of the conditions of approval are
being met; and that the City Arborist shall also stop work for any violation of the conditions
related to the protection, conservation and maintenance of trees on the site;
28. that under the observation of the City 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; and that if any roots greater than 2 inches in
diameter are encountered during the digging for the pier holes, the project 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;
and that if at any time during the installation of the pier and grade beam foundations roots
greater than 2 inches in diameter must be cut, the situation must be documented by the project
arborist and approved by the City Arborist prior to the time the roots are cut;
29. 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,
the report shall be approved prior to the issuance of a building permit for construction on the
site; and if at any time during the construction the pier locations must be altered to
accommodate a Redwood tree root, the structural changes must be approved by the Building
Department prior to the time any such root is cut or damaged;
30. that the property owner shall submit a complete landscape plan for approval by the City Arborist
prior to a Building permit being issued to address the landscaping and fence installation on the
sit�, including plantings, irrigation, electricity, fences, retaining walls and soi! deposits on the
site; installation of all landscape features shall be overseen by the project arborist and regularly
inspected by the City Arborist, including fence post holes; and work shall be stopped and plans
revised if any roots of 2 inches in diameter or greater are found in post holes or any new
landscape materials added endanger the redwood trees;
31. that no fencing of any kind shall be allowed for the first 65'-0" along the side property line
between Lots 9 and 10;
EXHIBIT "A"
Conditions of approval for Amendment to Mitigated Negative Declaration, Design Review,
Conditional Use Permit and Special Permits.
1537 Drake Avenue
Effective February 5, 2009
Page 5
32. that for tree maintenance the property owner shall be responsible for maintenance of the
protected Redwood grove during demolition and construction work on the project and for a 5-
year post construction maintenance program for the Redwood trees and their root structure;
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; and that the property owner of record 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 (issuance of an occupancy permit) on the project and every
two years thereafter for a period of 5 years;
33. that the property owner shall deposit with the City $118,780 based on the appraisal of the value
of the four Redwood trees accepted by the City Arborist and City Attorney on Lots 9 and 10
(1537 and 1543 Drake Avenue), as security to the City against one or more of the Redwood
trees dying due to problems attributable to construction; these funds shall be available to the
City Arborist to cover any necessary removal costs, cover any unperformed maintenance or
other corrective activities regarding the grove of Redwood trees; the security deposit shall be
returned to the property owner only upon completion of all construction activities at 1537 and
1543 Drake Avenue and approval of the final inspections by all City divisions; nothing 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 trees;
34. that for purposes of these conditions the project arborist is a certified arborist hire by the
property owner/developer; a certified arborist means a person certified by the International
Society of Arboriculture as an arborist;
35. that before issuance of any demolition or building 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;
36. that the project shall meet all the requirements of the California Building and Fire Codes, 2001
Edition, as amended by the City of Burlingame;
EXHIBIT "A"
Conditions of approval for Amendment to Mitigated Negative Declaration, Design Review,
Conditional Use Permit and Special Permits.
1537 Drake Avenue
Effective February 5, 2009
Page 6
37. that before any grading or construction occurs on the site, these conditions and a set of
approved plans shall be posted on a weather-proofed story board at the front of the site to the
satisfaction of the Building Department so that they are readily visible and available to all
persons working or visiting the site;
38. that if work is done in violation of any requirement in these conditions prior to obtaining the
required approval of the City Arborist, and/or the Building Division, work on the site shall be
immediately halted, and the project shall be placed on a Planning Commission agenda to
determine what corrective steps should be taken regarding the violation;
39. that 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 6y the City Arborist in order to install the
driveway on Lot 9;
40. 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;
41. that the property owner shall maintain throughout construction a three-inch thick layer of well
aged, course wood cnip muich (not bark} ar�d a two-inc�i thick i�y�r ai orga�ic corr�post sprea�
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;
42. that prior to issuance of a building permit for construction on Lot 9, the property owner shall
ensure maintenance of the supplemental irrigation system of approximately 250 feet of soaker
hoses attached to an active hose bib, 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
finro 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;
EXHIBIT "A"
Conditions of approval for Amendment to Mitigated Negative Declaration, Design Review,
Conditional Use Permit and Special Permits.
1537 Drake Avenue
Effective February 5, 2009
Page 7
43. that prior to issuance of a building permit for construction on Lot 9, the property owner shall
ensure maintenance of 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;
44. that the Redwood Tree Grove Protective Fencing on Lot 9 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;
45. that before issuance of a building permit, the property owner shall deposit $7,500 with the
Planning Department to fund, on an hourly basis, the City Arborist inspections as required by
the conditions of approval 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 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 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;
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 a licensed arborist inspector on lot 9 selected by
the City Arborist and approved by the Community Development Director.
EXHIBIT "A"
Conditions of approval for Amendment to Mitigated Negative Declaration, Design Review,
Conditional Use Permit and Special Permits.
1537 Drake Avenue
Effective February 5, 2009
Page 8
46. that prior to the final inspection, the applicant shall work with the property owner adjacent to Lot
9 to determine the type of fence and/or landscaping to replace the existing brick pillars
separated by grape stake fencing.
RESOLUTION APPROVING AMENDMENT MITIGATED NEGATIVE DECLARATION,
DESIGN REVIEW, CONDITIONAL USE PERMIT AND SPECIAL PERMITS TO AMEND
CONDITIONS OF APPROVAL
RESOLVED, by the Planning Commission of the City of Burlingame that:
WHEREAS, an Amendment to Mitigated Negative Declaration has been proposed and
application has been made for Amendment to Mitiqated Neqative Declaration, Design Review,
Conditional Use Permit and Special Permits to amend Conditions of Approval reaardina securitv
deposit for existinq Redwood trees related to a new sinale familv dwellinqs under construction at
1543 Drake Avenue, zoned R-1, Otto Miller. P.O. Box 121, Burlinqame. CA, 94011, property
owner, APN: 026-033-270;
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
January 26, 2009, 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 RESOLVED and DETERMINED by this Planning Commission 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 Mitigated Negative Declaration ND-523P, is hereby approved.
2. Said Amendment to Mitigated Negative Declaration, Design Review, Conditional Use
Permit and Special Permits is approved, subject to the conditions set forth in Exhibit "A"
attached hereto. Findings for such Amendment to Conditions of Approval are as set
forth in the minutes and recording of said meeting.
3. It is further directed that a certified copy of this resolution be recorded in the official
records of the County of San Mateo.
Chairman
I, , Secretary of the Planning Commission of the City of Burlingame, do hereby
certify that the foregoing resolution was introduced and adopted at a regular meeting of the
Planning Commission held on the 26th day of Januarv, 2009 by the following vote:
Secretary
EXHIBIT "A"
Conditions of approval for Amendment to Mitigated Negative Declaration, Design Review,
Conditional Use Permit and Special Permits.
1543 Drake Avenue
Effective February 5, 2009
that the project shall be built as shown on the plans submitted to the Planning Department date
stamped March 13, 2007, sheets A.1, A.4, A.S, U.1, L1.1, S.1 and D.1 through D.4, and date
stamped June 7, 2007, sheets A.2, A.3, A.4A, A.4B, A.SA, A.56, A.6 and L1.0;
2. that any changes to the size or envelope of the 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;
3. that prior to scheduling the framing inspection the project architect or residential designer, or
another architect or residential design professional, shall provide an architectural certification
that the architectural details shown in the approved design which should be evident at framing,
such as window locations and bays, are built as shown on the approved plans; architectural
certification documenting framing compliance with approved design shall be submitted to the
Building Division before the final framing inspection shall be scheduled;
4. that prior to final inspection, Planning Division 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,
June 27, 2005, and June 18, 2007, memos, the Fire Marshal's September 3, 2002, June 22,
2005, and June 18, 2007 memos, the Chief Building Official's August 5, 2002, June 27, 2005,
and J�ne 15, 2007 memos, the Recycling Specialist's August 27, 2002, and June 27, 2005
memos, the NPDES Coordinator's June 27, 2005, memo, and the City Arborist's September 3,
2002, and April 3 and May 21, 2003, and April 13, 2007 memos shall be met;
7. that any grading or earth moving on the site shall be required to have a City grading permit, be
overseen by the project 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 10; use of all hand tools shall comply with the requirements of
the City's noise ordinance;
EXHIBIT "A"
Conditions of approval for Amendment to Mitigated Negative Declaration, Design Review,
Conditional Use Permit and Special Permits.
1543 Drake Avenue
Effective February 5, 2009
Page 2
9. that 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;
10. that construction materials shall not be staged on Lot 9; all heavy equipment and materials shall
be staged along the right side of the property on Lot 10;
11. that at no time shall any equipment exceeding 18,000 LBS be allowed to be within 30 feet of the
currently fenced off Redwood Tree Grove protection zone;
12. that prior to the placement or use of any motorized equipment within 30 feet of the currently
fenced Redwood Tree Grove protection zone, a protective layer of mulch one foot deep with 3/4
inch plywood on top, shall be installed and inspected by the project arborist to avoid further soil
compaction of the area; post construction the protective plywood and mulch may be removed
as approved by the project arborist;
13. 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;
14. 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;
15. that all new utility connections to serve the site, and which are affected by the development,
shall be installed along the right side property line 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 the project
arboriGt and inspection by the City Arborist;
16. that the new sewer connection to the public sewer main shall be installed along the right side
property line to City standards as required by the development;
17. 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;
18. 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;
19. 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;
EXHIBIT "A"
Conditions of approval for Amendment to Mitigated Negative Declaration, Design Review,
Conditional Use Permit and Special Permits.
1543 Drake Avenue
Effective February 5, 2009
Page 3
20. that all runoff created during construction and future discharge from the site will be required to
meet National Pollution Discharge Elimination System (NPDES) standards;
21. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance;
22. that the project property owner shall obtain Planning Commission approval for any revisions to
the proposed house and/or accessory structure or necessary changes to the tree protection
program or to address new issues which may arise during construction;
23. that 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 Community
Development Director and the recommendations of the expert have been executed to the
satisfaction of the City;
24. that 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 the project arborist and
regularly inspected by the City Arborist;
25. 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; that the root protection fencing shall not be removed until construction is
complete on Lots 9 and 10, except if the portion of the protective fence on Lot 9 in the area of
the driveway may be removed to install the driveway with the approval of the City Arborist; the
removal of a section of the fence should not disturb the maintenance irrigation system installed
within the tree protective fencing;
26. that the 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 the project arborist and
approved by the City Arborist; that if any roots greater than 3 2 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 project arborist and approved by the City Arborist prior
to cutting any roots; and that if at any time the project 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;
EXHIBIT "A"
Conditions of approval for Amendment to Mitigated Negative Declaration, Design Review,
Conditional Use Permit and Special Permits.
1543 Drake Avenue
Effective February 5, 2009
Page 4
27. that special inspections by the City Arborist, to be funded by the property owner, shall include
being 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, and during digging for removal or installation of any utilities; that the special
inspections by the City Arborist shall occur once a week or more frequently as required by the
conditions of approval and shall include written documentation by the project arborist that all
tree protection measures are in place and requirements of the conditions of approval are being
met; that no materials or equipment shall be stockpiled or stored in any area not previously
approved by the City Arborist; and that 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;
28. that under the observation of the City 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; that if any roots greater than 2 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; and that if at any time during the installation of the pier and grade beam foundations roots
greater than 2 inches in diameter must be cut, the situation must be documented by the project
arborist and approved by the City Arborist prior to the time the roots are cut;
29. 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; and
that if at any time during the construction the pier locations must be altered to accommodate a
Redwood tree root, the structural changes must be approved by the Building Department prior
to the time any such root is cut or damaged;
30. that the property owner shall submit a complete landscape plan for approval by the City Arborist
priQr tc� a�uilding 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 2 inches in diameter or greater are found in post holes or any
new landscape materials added endanger the redwood trees;
31. that no fencing of any kind shall be allowed for the first 65'-0" along the side property line
befinreen Lots 9 and 10;
32. that for tree maintenance the property owner shall be responsible for maintenance of the
protected Redwood grove during demolition and construction work on the project and for a 5-
year post construction maintenance program for the Redwood trees and their root structure on
the site, including deep root fertilizing, beginning upon final inspection. This maintenance
EXHIBIT "A"
Conditions of approval for Amendment to Mitigated Negative Declaration, Design Review,
Conditional Use Permit and Special Permits.
1543 Drake Avenue
Effective February 5, 2009
Page 5
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; and that the property owner of record 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 (issuance of an occupancy permit) on
the project and every two years thereafter for a period of 5 years;
33. that the property owner shall deposit with the City $118,780 based on the appraisal of the value
of the four Redwood trees accepted by the City Arborist and City Attorney on Lots 9 and 10
(1537 and 1543 Drake Avenue), as security to the City against one or more of the Redwood
trees dying due to problems attributable to construction; these funds shall be available to the
City Arborist to cover any necessary removal costs, cover any unperformed maintenance or
other corrective activities regarding the grove of Redwood trees; the security deposit shall be
returned to the property owner only upon completion of all construction activities at 1537 and
1543 Drake Avenue and approval of the final inspections by all City divisions; nothing 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 trees;
34. that for purposes of these conditions the project arborist is a certified arborist hire by the
property owner/developer; a certified arborist means a person certified by the International
Society of Arboriculture as an arborist;
35. that before issuance of any demolition or building 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
foundations, roofs, yards, and other improvements
�am��es and inconveniences r�ill not be considered
under the Burlingame Municipal Code;
or interFere with the driveways,
on the property; however, those
grounds for removal ef the treeG
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;
36. that the project shall meet all the requirements of the California Building and 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;
EXHIBIT "A"
Conditions of approval for Amendment to Mitigated Negative Declaration, Design Review,
Conditional Use Permit and Special Permits.
1543 Drake Avenue
Effective February 5, 2009
Page 6
37. that before any grading or construction occurs on the site, these conditions and a set of
approved plans shall be posted on a weather-proofed story board at the front of the site to the
satisfaction of the Building Department so that they are readily visible and available to all
persons working or visiting the site;
38. that if work is done in violation of any requirement in these conditions prior to obtaining the
required approval of the City Arborist, and/or the Building Division, work on the site shall be
immediately halted, and the project shall be placed on a Planning Commission agenda to
determine what corrective steps should be taken regarding the violation;
39. that the Redwood Tree Grove Protective Fencing shall be maintained during construction on
Lot 10, 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;
40. 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;
41. that the property owner shall maintain throughout construction 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 woed chip and compost �hall 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;
42. that prior to issuance of a building permit for construction on Lot 10, the property owner shall
ensure maintenance of the supplemental irrigation system of approximately 250 feet of soaker
hoses attached to an active hose bib, 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
finro 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;
EXHIBIT "A"
Conditions of approval for Amendment to Mitigated Negative Declaration, Design Review,
Conditional Use Permit and Special Permits.
1543 Drake Avenue
Effective February 5, 2009
Page 7
43. that prior to issuance of a building permit for construction on Lot 10, the property owner shall
ensure maintenance of 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;
44. that the Redwood Tree Grove Protective Fencing on Lot 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; and
45. that before issuance of a building permit, the property owner shall deposit $7,500 with the
Planning Department to fund, on an hourly basis, the City Arborist inspections as required in the
conditions of approval of 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 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
f. that this same account may be used for the City Arborist's selected licensed arborist
inspector on lot 10 selected by the City Arborist and approved by the Community
Development Director.
m CITY OF BURLINGAME
- ' ' COMMUNITY DEVELOPMENT DEPARTNIENT
BURLIiV,GAME 501 PftIMROSE ROAD b"-� ��'�"���:�z``�
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g� ` BURLINGAME, CA 94010 �
1{+ _�,: i=, .. PH: (650) 558-7250 � FAX: {650) 6��'�J�.�'"�,�: �
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Site: 1537 and 1543 DRAKE AVENUE
The fity of Burlingame Planning Commission announces the
following puhlic hearing on MONDAY, JANUARY 26,
2009 at 7:00 P.M. in the City Hall Council Chambers, 501
Primrose Road, Burlingame, CA:
Application for amendment fo conditions of approval
regarding security deposit for existing Redwood trees
related to two, new single family dwellings under
construction at 1537 and 1543 DRAKE AVENUE
zoned R-1. APNs 026-033-280 & 026-033-170
Mail�d: J nuu�� 16, 2009
(Please re er to ot�er si
n���:,��.���3� a
��;�.��i�
�
�ti��..- .'.�%1 � ....�
�a� ���! ���
P��LIC IiEARIIt�(�
�IO'6'ICE
Citv of �u�/inga_m_e_
A copy of the application and plans for this project may be reviewed prior to
the meeting at the Community Development Department at 501 Primrose
Road, Burlingame, California.
If you challenge the subject application(s) in court, y��; ;�;-�Qy uc ;i►ni�ed to
ra�s�i �y onfy ti-nose issues you or someone else raised at the public hearing,
described in the notice or in written correspondence delivered to the city at or
prior to the public hearing.
Property owners who receive this notice are responsible for informing their
tenants about this notice.
For additional information, please call (650) 558-7250. Thank you.
William Meeker
Community Development Director
(Please refer to other side)
�=��1�sC I�EARING NOTICE
1537 Drake Lots 9 and 10 Action Alternatives and Code Criteria for a Conditional Use Permit and
Mitigated Negative Declaration
�
ACTION ALTERNATIVE5
1. City council may vote in favor of an applicant=s request. If the action is a variance, use pernut,
hillside area construction permit, fence exception, sign exception or exception to the antenna
ordinance, the Council must make findings as required by the code. Findings must be particular to
the given properties and request. Actions on use permits should be by resolution. A majority of the
Council members seated during the public hearing must agree in order to pass an affirmative motion.
2. City Council may deny an applicant=s request. The reasons for denial should be clearly stated for
the record.
3. City Council may deny a request without prejudice. This action should be used when the application
made to the City Council is not the same as that heard by the Planning Commission; when a Plaruiing
Commission action has been justifiably, with clear duection, denied without prejudice; or when the
proposed project raises questions or issues on which the Council would like additional information or
additional design work before acting on the project. Direction about additional information required
to be given to staff, applicant and Planning Commission/City Council for the further consideration
should be made very clear. Council should also direct whether any subsequent hearing should be
held before the City Council or the Planning Commission.
REQUIREMENTS FOR A CONDITIONAL USE PERMIT
In order to grant a conditional use permit the City Council must find that the following conditions exist on the
property (CS 25.52.020 a-c):
(a) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity and will not be detrimental to the public health, safety, general
welfare or convenience;
(b) The proposed use will be located and conducted in a manner in accord with the Burlingame
general plan and the purposes of this title;
(c) The planning commission may impose such reasonable conditions or restrictions as it deems
necessary to secure the purposes of this title and to assure operation of the use in a manner
compatible with the aesthetics, mass, bulk and character of existing and potential uses on
adjoining properties.
FINDINGS FOR A MITIGATED NEGATIVE DECLARATION
The California Environmental Quality Act (CEQA) requires that to be approved the governing
body acting on a project must find, on the basis of the Initial Study and any comments received in
writing or at the public hearing, that there is no substantial evidence that the project with the
mitigations proposed will have a significant (negative) effect on the environment.
The proposed mitigations shall be included in the conditions of approval of the project and this
constitutes the required mitigation monitoring plan to insure that the terms of the mitigations
which reduce the effects of the project on the environment are implemented.
To: City Clerk/ City Council
Date: Apri18, 2004
RECEIVED
p,pR g 2004
CI PLANN�ING DEPTME
Re: Appeal of Planning Commission Decisions made in reference to the property at
1537 Drake on Mazch 29,2004
We wish to appeal the decision of the Planning Commission to amend the conditional use
permit by separating the Conditions of Approval for lots 9 and 10. Also we are appealing
the decision to approve the conditions to separate and amend lot 11. This decisions were
made on Mazch 29,2004 in reference to the property at 1537 Drake.
The Drake Avenue Neighbors
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The City of Burlingame
CITY HALL 501 PRIMROSE ROAD TEL: (650) 558-7250
PLANNING DEPART'MENT BURLINGAME, CAL[FORNIA 94010-3997 FAX: (650) 696-3790
Apri120, 2004
Mr. Otto Miller
911 N. Amphlett Blvd.
Burlingame, CA 94010
Dear Mr. Miller,
At the City Council meeting of April 19, 2004, the Council scheduled an appeal hearing on
your project at 1537 Drake Avenue, zoned R-1. A public hearing will be held on May 3,
2004 at 7:00 p.m. in the Council Chambers, 501 Primrose Road, Burlingame, CA.
We look forward to seeing you there to present your project. Please call me if you have any
questions.
Sincerely yours,
l� `��
Margaret Monroe
City Planner
c: City Clerk
Mark Hudak, 216 Park Road, Burlingame, CA 94011-OS 13
James Chu, 39 W. 43`d Avenue, San Mateo, CA 94403
flpr 12 04 03:16p Carr, McClellan, et al. 650-342-6857 p.2
CARR, MCCLELLATI, INGfiRSOLL, THOMPSON & HORN
PROFESSIONAL LA W CORPORATIO�I
216 PAItK ROAD, POST OFF[CE BOX 513
BURLTNGAME, CALIFORNIA 9401 1-051 3
MARK D. HUDAK
mhudakQcmithlaw.com
April 12, 2004
Margazet Monroe
City Planner
City of BurIingame
501 Primrose Road
Burlingame, CA 94010
Re: 1537 Drake
Dear Meg:
TELEPHONE (650) 342-9600
FACS[MILE (650) 342-')685
www.c arr-mcclellan.com
RECEIVED
APR 1 2 2004
CITY OF BURLINGAME
PLANNING DEPT.
I understand that the neighbors have filed an appeal of the actions taken by the Planning
Commission on March 29, 2004. We are requesting that the appeal be heard aY the earliest
opportunity, the May 3 Council meeting.
The City issued a Stop Work order on the project in November, due to an error by the
grading contractor. Although we appeared before the Commission on December 8, the
Commission refused to allow any work to proceed. Essentially, the project was stalled for four
months before we could even get back before the Commission.
On March 29, the Commission finally voted (four votes to one) to allow work to proceed
on Lot 11, since all of the azborists agree that this property has no effect on the redwood trees
located on Lots 9 and 10. The Commission imposed several new conditions on the project,
which are not justified, but Nir. Miller was prepared to Iive with them in order to move forward.
The appeal by the neighbors creates another, unwarranted delay.
Because we are going to be before the Council, we intend to discuss all of the new
conditions that the Planning Commission has attempted to impose after the lots re-emerged. In
our view, once the special permit for the lot re-emergence was granted, the Commission should
not have imposed new conditions of approval. The lots aze now separate, legal pazcels and it is
improper to impose new conditions tying their development together after the separation. The
mistake by the contractor should have been addressed in the normal manner: through fines or
deductions from the $120,000 security fund Mr. Miller was forced to deposit.
I understand that the outside Iegal counsel the City is hiring is not available on May 3 and
would prefer the May 17 Council meeting. With all due respect, Mr. Miller is entitled to a
timely resolution of this appeal, as delays are unreasonable anci costly. Perhaps the outside firm
can assign someone else who can be available for the May 3 meeting, if an attorney is even
necessary.
Rpr 12 04 03:17p Carr, McClellan, et al. 650-342-6957 p.3
Margazet Monroe
April 12, 2004
Page 2
Thank you for your assistance.
Sincezel
cd'/� -
r
Mark D. Hudak
(3600.00OO1�BGLlB1U 214506. l
Ciry o f Burlingame Planning Commission Minutes
March 29, 2004
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; and 37) 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 Plannin� Commission action are met; and a. that the
property owner shall replenish by additional deposit by the 15 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"' 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 deternuned 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 ofthe installation ofthe 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.
Comment on the motion: have not had much time to review arborist report, assume modified conditions
reflect these findings so am uncomfortable changing staff proposed conditions tonight, realize that the
conditions for Lots 9 and 10 will come back to the commission later; its OK to separate Lot 11, it's a good
idea to ease into construction, will reduce impact on the neighborhood, like seeing consensus of the three
arborists, report contains a clear set of modified conditions. Independent arborists concerns are on Lots 9
and 10, he agreed that Lot 11 is OK as well as using the 20 feet on Lot 10, I agree professionally that its OK
as well. What is the issue regarding the location of the water line? Sr. Engineer commented that there is a 10
foot wide right-of-way at the rear of the houses where the water line is presently located, plan to move the
water line to the front in the street, the line will come offAdeline and down Drake. Does commission want
to consider allowing the property owner to use the rear of Lot 10, out of the area affected by the Redwoods
for additional staging area so long as the proposal is endorsed by all three arborists. Commissioners
determined that they did not want to add this option as a condition at this time.
Chair Bojues called for a roll call vote on the motion to approve the conditions as amended for Lot 11 which
would allow Lot 11 to be developed independently of Lots 9 and 10. The motion passed on a roll ca11 vote 4-
1-1-1 (C. Brownrigg dissenting, C. Keighran abstaining, C. Keele absent). Appeal procedures were advised.
This item concluded at 11:45 p.m.
� 7B. LOTS 9 AND 10 — APPLICATION TO AlV�ND THE CONDITIONAL USE PERMIT FOR
EMERGING LOTS TO SEPARATE CONDITIONS OF APPROVAL AND FOR ADDITIONAL
TREE PROTECTION REQUIREMENTS —
C. Keighran continued to abstain because she lives within 500 feet of this project. CA Anderson continued to
recuse himself. Both were not present in the chambers.
CP Monroe presented the staff report noting that these conditions although separated into two sets, one for
Lot 9 and one for Lot 10, remain the same as those approved by the Commission on May 27, 2003, except
for being amended to require additional Redwood Grove maintenance and protection for the term of
construction on all three lots and the placement of a barrier fence on Lot 10 for the 20 foot construction
21
Ciry of Burlingame Planning Commission Minutes
March 29, 2004
staging area to be used while building on Lot 11. CP noted that the conditions which have already been
completed are shown by strike through and the changes are shown in italics. Although the initial studies of
root location and impact areas and probing at specific locations for foundation piers have been done, the
applicant still has foundation design and other work to complete and get approved by the arborists before
these conditions are complete to cover construction. As a result the project proposals and conditions of
approval will return to the Planning Commission again. Commissioners asked if the chain link fence
protecting the trees should be expanded immediately. CP noted that Lots 9 and 10 would be protected from
all construction on Lot 11 by the fence placed along the inner edge of the 20 foot staging area on Lot 10 and
by the continued supervision of the Redwood Grove maintenance including proper placement and ongoing
fence inspection by the arborist. There were no other questions of staf�
Chair Bojues opened the public hearing for Lots 9 and 10. Mark Hudak, 216 Park Road, represented the
applicant. Shean Abshire, attorney for the neighbors, Janet Garcia, 1561 Drake; Ann Thomas, 1512 Drake,
spoke. Applicant noted that there is an existing water source on the site that the applicant can use for the
soaker irrigation on Lot 9; agree with the way the process is evolving, believe as the independent arborist
becomes more familiar with the site and more work is done on the foundation design, the lots will be found to
be buildable; view these conditions on Lots 9 and 10 to be interim, know that they will be finalized later.
Other comments from the floor: No question given the Levinson report in the record that the projects on
Lots 9 and 10 do not comply; do not like the implication of Mark Hudak that the independent arborist is
coming around "to our way"; foundation as designed is not buildable so there is no project to attach
conditions to; can't find that it is not detrimental to the property based on the record here, if it has been
revised need to deny the application. Report which was given to her was not in the staffreport or any finding
from Mr. Levinson, a February 20 report was refened to; don't know if the conditions of approval include;
the three arborists agree on the 20 foot construction staging area on Lot 10 but based on what? CP Monroe
noted that there was a staff comment from the City Arborist in the Commission packet. Have been asking for
two years for an independent arborist report to be put into the record, have denied due process, outrageous.
Applicant submitted his arborist's report stating that there were no significant roots affected, also regarding
the pier locations only 2 were affected based on site investigation on February 4, 2004. This is not a new
approval for Lots 9 and 10, there are amendments to the existing report based on additional study, now the
conditions as presented reflect what city wants as interim. There were no more comments from the floor
and the public hearing was closed.
Commission discussion: in the origina132 conditions it notes that location of the pier and beam foundation
are yet to be deternuned and these conditions represent no change from that; on that basis should move to
approve the amendment to the conditional use pernut to separate the conditions of approval for Lot 9 and
Lot 10. Staff was asked if these conditions are more stringent than the original? CP responded yes, these
conditions provide more protection for the trees during the entire time of any construction on the lots; also
more investigation will need to occur for the foundation locations, for that reason the arborist report is still
being prepared, an arborist analysis/report will accompany any resubmitted plans for Lot 9 and/or Lot 10,
including revised conditions.
C. Auran moved approval of the amendment to the conditional use permit to separate the conditions of
approval including mitigation monitoring for Lots 9 and Lots 10 at 1537 Drake Avenue, including additional
conditions to address the on-going maintenance of the Redwood Tree Grove during construction on a11 three
of the originally merged lots. C. The motion was seconded by C. Osterling.
The conditions for Lot 9 are: l) 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 Apri125, 2003, sheet L-
22
Ciry of Burlingame Planning Commission Minutes
March 29, 2004
1; and that any changes to the structure including but not limited to foundation design, height, building
materials, exterior finishes, footprint or floor area of the building or the tree protection plan or to tree
trimming shall require review by the Planning Commission and an amendment to this permit; 2) that any
changes to the size or envelope of the basement, first or second floors, or garage, which would include adding
or enlarging a dormer(s), moving or changing windows and architectural features or changing the roofheight
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; ifthere 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 Apri18, May 31, June 4, August 15 , August 30, and
October 15, 2002, memos, the Fire Marshals September 3, 2002 memo, the ChiefBuilding Inspectors August
5, 2002 memo, the Recycling Specialist's August 27, 2002 memo, and the City Arborist's September 3, 2002,
and April 3 and May 21, 2003 memos shall be met; 7) that demolition ofthe 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 BAAQNID; 8) that
there shall be no heavy equipment operation or hauling permitted on weekends or holidays during the
development of Lot 9; use of hand tools shall comply with the requirements of the City's noise ordinance; 9)
that no construction equipment, construction material storage or construction worker parking shall be
allowed on the street in the public right-of-way during construction on the site; as much employee parking as
possible shall be accommodated on the site during each of the phases of development; construction activity
and parking shall not occur within the redwood tree grove protective fencing on Lot 9; 10) that all
construction shall be done in accordance with the California Building Code requirements in effect at the time
of construction as amended by the City of Burlingame, and limits to hours of construction imposed by the
City of Burlingame Municipal Code; there shall be no construction on Sundays or holidays; 11) that the
method of construction and materials used in construction shall insure that the interior noise level within the
building and inside each unit does not exceed 45 dBA in any sleeping areas; 12) that the existing water line at
the rear of the properties shall be retained and maintained in operable conditions to supply the required soaker
hose irrigation system for the Redwood Tree Grove on Lots 9 and 10 or a new 2 inch water line to serve lots
9, 10 and 11 shall be installed before an inspection for the foundation will be scheduled by the City; and all
new utility connections to serve the site and which are affected by the development shall be installed to meet
current code standards; and local capacities of the collection and distribution systems shall be increased at the
property owner's expense if determined to be necessary by the Public Works Department; and the location of
all trenches for utility lines shall be approved by the City Arborist during the building permit review and no
trenching for any utility shall occur on site without continual supervision of a licensed arborist and inspection
by the City Arborist; 13) that the new sewer to the public sewer main shall be installed to City standards as
required by the development; 14) that all abandoned utilities and hookups shall be removed unless their
23
Ciry of Burlingame Planning Commission Minutes
March 29, 2004
removal is determined by the City Arborist to have a detrimental effect on any e�sting protected trees on or
adjacent to the site; 15) that prior to being issued a demolition permit on the site, the property owner
shall submit an erosion control plan for approval by the City Engineer; 16) that prior to installation of any
sewer laterals, water or gas connections to the site, the property owner shall submit a plan for approval by the
City Engineer and the City Arborist; 17) that prior to installing the new water line to serve Lots 9, 10 and 11
and supplying the maintenance irrigation system to the redwood grove in the easement at the rear of Lots 9,
10 and 11 and prior to receiving a building permit, the property owner shall obtain an encroachment permit
from the Public Works department to replace the 2-inch water pipe in the City right-of-way; 18) that the
property owner shall arrange for a licensed professional to install backflow valves on the sewer laterals to
1553 Drake Avenue, 1557 Drake Avenue, 1561 Drake Avenue, and 1566 Drake Avenue at the property
owner's expense and with the permission of the affected property owners; the Planning Department will
advise the eligible property owners of this condition of approval, noting that it is their choice to take
advantage of this opportunity; 19) that the contractor shall submit the "Recycling and Waste Reduction" form
to the building department to be approved by the Chief Building Official that demonstrates how 60 per cent
of construction demolition material will be diverted from the waste stream and the property owner shall be
responsible for the implementation of this plan; (completed) 20) that all runoff created during construction
and future discharge from the site will be required to meet National Pollution Discharge Elimination System
(NPDES) standards; 21) that this project shall comply with Ordinance No. 1477, E�cterior Illumination
Ordinance; 22) that the project property owner shall obtain Planning Commission approval for any revisions
to the proposed house and/or accessory structure or necessary changes to the tree protection program or to
address new issues which may arise during construction; 23) that the property owner shall comply with
Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 24)
that should any cultural resources be discovered during construction, work shall be halted until they
are fully investigated by a professional accepted as qualified by the City Planner and the recommendations of
the expert have been executed to the satisfaction of the City; 25) that no installation work on the driveway or
landscaping on the site shall occur until the timing, design, method of construction and materials have been
approved by the City Arborist, and a licensed arborist shall be on the site continually to supervise the
installation ofthe driveway and to make adjustments based on any root impacts identified during the process
of construction; the construction activity shall be inspected regularly by the City Arborist during construction
compliance with the approved materials and method of installation; it shall be the responsibility of the
property owner to notify the City Arborist when construction of the driveway on Lot 9 is to begin; 26) A
that the root protection fencing for the Redwood trees on Lot 9 and 10 shall be installed on site and
inspected by a Certified arborist; and a written report prepared by a certified arborist documenting the
dimensions of the root protection fencing for the Redwood trees shall be submitted to the City Arborist
within 24 hours of the inspection, and that the written report shall be approved by the City Arborist prior to
the issuance of any demolition or construction permit; B. that the established root protection fencing sha11 be
inspected regularly by the City Arborist and shall not be adjusted or moved at any time during demolition or
construction unless approved by the City Arborist;
C. that the root protection fencing shall not be removed until construction is complete on Lots 9 and 10,
except if the portion of the protective fence on Lot 9 in the area of the driveway may be removed to install
the driveway with the approval of the City Arborist; the removal of a section of the fence should not disturb
the maintenance irrigation system installed within the tree protective fencing; 27) A. that a licensed arborist
shall be on site during any demolition and grading or digging activities that take place within the designated
tree protection zones, including the digging of the pier holes for the pier and grade beam foundation, during
the digging of the fence post holes for the first 60 feet of fence between Lots 9 and 10, and during digging for
removal or installation of any utilities; B. that a licensed arborist, selected by the City and funded by the
property owner, shall inspect the construction site once a week or more frequently as required by the
conditions of approval and certify in writing to the City Arborist and Planning Department that a11 tree
24
City of Burlingame Planning Commission Minutes
March 29, 2004
protection measures are in place and requirements of the conditions of approval are being met; C. that no
materials or equipment shall be stockpiled or stored in any area not previously approved by the City Arborist;
D. that a Certified arborist shall be given written authority by the property owner and be obligated to stop all
work on the site should any activity violate any and all conditions of approval relating to the protection,
conservation and maintenance of trees on the site, and E. the City Arborist shall also stop work for any
violation of the conditions related to the protection, conservation and maintenance of trees on the site; 28) A.
that under the observation of a certified arborist, all pier holes for the foundation shall be hand dug to a depth
of no more than 18 inches and the surface area around the hole shall be protected as required by the City
Arborist; excavation activity for the foundation shall be limited to the months of May to October;
B. that if any roots greater than 3 inches in diameter are encountered during the digging for the pier holes,
the property owner's on-site arborist shall call the City Arborist and determine how the pier shall be relocated
and the Building Department shall be informed of the change and approve that the requirements of the
building code are still met; C. if at any time during the installation of the pier and grade beam foundations
roots greater than 3 inches in diameter must be cut, the situation must be documented by the certified arborist
and approved by the City Arborist prior to the time the roots are cut; 29) A. that, based on root locations that
will be determined by hand digging on the site, the property owner shall submit a detailed foundation report
and design for approval by the Building Department and City Arborist to establish the bounds of the pier and
grade beam foundation and have it approved prior to the issuance of a building permit for construction on the
site; B. if at any time during the construction the pier locations must be altered to accommodate a Redwood
tree root, the structural changes must be approved by the Building Department prior to the time any such root
is cut or damaged; 30) that the property owner shall submit a complete landscape plan for approval by the
City Arborist prior to a Building permit being issued to address the landscaping and fence installation on the
site, including plantings, irrigation, electricity, fences, retaining walls and soil deposits on the site; installation
of all landscape features sha11 be overseen by the property owner's arborist and regularly inspected by the City
Arborist, including fence post holes; and work shall be stopped and plans revised if any roots of 3 inches in
diameter or greater are found in post holes or any new landscape materials added endanger the redwood
trees; 31) A. that the fence post holes shall be hand-dug under the supervision of a certified arborist for the
fence installed along the first 60-feet of the property line between Lots 9 and 10; B. that if at any time during
the hand digging a root greater than 3 inches in diameter is encountered, the post hole shall be relocated as
directed by the property owner's Certified arborist and as approved by the City Arborist; 32) Tree
Maintenance: A. The property owner shall be responsible for maintenance during demolition and construction
work on the project and for a 5-year maintenance program for the Redwood trees and their root structure on
the site, including deep root fertilizing, beginning upon final inspection; this maintenance program shall be as
recommended by the City Arborist based on site studies and experience during construction; B. The properiy
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. 33) that for purposes of these
conditions a certified arborist means a person certified by the International Society of Arboriculture as an
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Ciry of Burlingame Planning Commission Minutes
March 29, 2004
arborist; 34) that before issuance of any demolition or construction permit, the property owner shall record a
deed restriction on the lot identifying the four (4) key Redwood trees and providing notice to the heirs,
successors, and assigns that these trees were key elements of the development of the lot and: A. Thefiaes
may cause damage or inconvenience to or interfere with the driveways, foundations, roofs, yards, and other
improvements on the property; however, those damages and inconveniences will not be considered grounds
for removal of the trees under the Burlingame Municipal Code; B. Any and all improvement work, including
landscaping and utility service, on the property must be performed in recognition of the irreplaceable value of
the trees, must be done in consultation with a certified arborist, and if any damage to the trees occurs, will
result in penalties and-possible criminal prosecution; 35) that the project shall meet all the requirements ofthe
California Building and Uniform Fire Codes, 2001 Edition, as amended by the City of Burlingame; 36) that a
soils compaction analysis sha11 be performed by a soils engineer on the area that was excavated and refilled
during the week ofNovember 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 sunounding soil and shall submit this deternunation to the City Arborist and City
Engineer for approval. The corrective steps will then be completed before issuance of any construction
permits for the site (completed); 37) that before any grading or construction occurs on the site, these
conditions and a set of approved plans shall be posted on a weather-proofed story board at the front of the
site to the satisfaction of the Building Department so that they are readily visible and available to all persons
working or visiting the site; 38) that if work is done in violation of any requirement in these conditions prior
to obtaining the required approval of the City Arborist, and/or the Building Division, work on the site sha11 be
immediately halted, and the project shall be placed on a Planning Commission agenda to determine what
corrective steps should be taken regarding the violation; 39) that the property owner shall receive an
encroachment pernut from the City and 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 south lot
9; and a connection provided to Lot 9 at a location approved by the City Arborist; 40) that at the south
property line of lot 9 the property owner shall e�end 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; 41) that the Redwood Tree Grove Protective Fencing shall be maintained during
construction on Lot 9, and this Redwood Tree Grove Protective Fencing shall not be temporarily altered,
moved or removed during construction; no materials, equipment or tools of any kind are to be placed or
dumped, even temporarily, within this Redwood Tree Grove Protective Fencing, the protective fencing and
protection measures within the fencing shall remain in place until the building pernut for the development on
Lot 9 has been finaled and an occupancy permit issued; except for modification of the protective fencing as
approved by the City Arborist in order to install the driveway on Lot 9; 42) that prior to issuance of the
building permit for construction on Lot 9, the property owner shall reinforce the e�sting 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
ai�ixed to the fence base though a hole in the layout takes to prevent movement or alteration of the protective
fencing once installed; 43) that prior to issuance of a building permit for construction on Lot 9, the property
owner shall install a locked gate in the Redwood Tree Grove Protective Fencing for inspection access to the
protected area in order to determine on going adequacy of mulch, soil moisture and the status of other field
conditions as necessary throughout the construction period; this area shall be accessed only by the project
arborist, City Arborist, or workers under the supervision of these professionals; 44) that prior to the issuance
of a building permit for construction on Lot 9, the property owner shall cause to have a three-inch thick layer
of well aged, course wood chip mulch (not bark) and a two-inch thick layer of organic compost spread over
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Ciry of Burlingame Planning Commission Minutes
March 29, 2004
the entire soil surface within the Redwood Tree Grove Protective Fencing; installation of the wood chip and
compost shall be accomplished by a method approved by the project arborist and City Arborist; installation of
the wood chip and compost shall be supervised by the project arborist and the City Arborist; the project
arborist shall inform the City Arborist of the timing of installation of the course wood chip mulch and organic
compost so that observation and inspection can occur; 45) that prior to issuance of a building permit for
construction on Lot 9 and starting in the late Spring/Early Summer 2004, the property owner shall install a
supplemental irrigation system of approximately 250 feet of soaker hoses attached to an active hose bib from
the temporary water line on Lot 9, snaked throughout the entire area on Lots 9 and 10 within the Redwood
Tree Grove Protective Fencing; irrigation must be performed at least once every two weeks throughout the
entire construction period for all three lots unless determined not to be necessary by the project arborist and
City Arborist; this area shall be soaked overnight, at least once every two weeks, until the upper 24-inches of
soil is thoroughly saturated; the City Arborist shall periodically test the soil moisture to ensure proper
irrigation; 46) that prior to issuance of a building permit for construction on Lot 9, the property owner shall
affix at least four (4), 8-inch by 11-inch laminated waterproof signs on the Redwood Tree Grove Protective
Fencing warning that it is a"Tree Protection Fence", "Do Not Alter or Remove" and in the event of
movement or problem call a posted emergency number; 47) that the Redwood Tree Grove Protective
Fencing on Lots 9 and 10, shall be regularly inspected by the project arborist and City Arborist during
construction on Lot 9; violation of the fenced areas and/or removal or relocation of the fences shall cause all
construction work to be stopped until possible damage has been determined by the City Arborist and the
property owner has implemented all corrective measures and they have been approved by the City Arborist;
and 48) that before issuance of a building pernut, 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"'
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�` 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. �
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, 10 and 11.
Conditions of approval for Lot 10 are: 1) that the project sha11 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.S, and date stamped Apri125, 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 9 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, sha11
be subject to Planning Commission review; and all changes shall be consistent with the plans which were
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City of Burlingame Planning Commission Minutes
March 29, 2004
approved for this lot on May 27, 2003, because those plans were deternuned 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; ifthere 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, a11 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 Apri13 and May 21, 2003 memos
shall be met; 7) that demolition of the existing structures and any grading or earth moving on the site shall be
required to have a City grading permit, be overseen by a licensed arborist, inspected by the City Arborist, and
be required to comply with all the regulations of the Bay Area Air Quality Management District and with all
the requirements of the permit issued by BAAQMD; 8) that there shall be no heavy equipment operation or
hauling permitted on weekends or holidays during the development of Lot 10; use of hand tools shall comply
with the requirements of the City's noise ordinance;
9) that no construction equipment, construction material storage or construction worker parking sha11 be
allowed on the street in the public right-of-way during construction on the site; as much employee parking as
possible sha11 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; 10) all construction
shall be done in accordance with the California Building Code requirements in effect at the time of
construction as amended by the City of Burlingame, and limits to hours of construction imposed by the City
of Burlingame Municipal Code; there shall be no construction on Sundays or holidays; 11) that the method of
construction and materials used in construction shall insure that the interior noise level within the building and
inside each unit does not exceed 45 dBA in any sleeping areas; 12) that the e�sting water line at the rear of
the properties shall be retained and maintained in operable conditions to supply the required soaker hose
irrigation system for the Redwood Tree Grove on Lots 9 and 10 or a 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 pernut review and no
trenching for any utility shall occur on site without continual supervision of a licensed arborist and inspection
by the City Arborist; 13) that the new sewer to the public sewer main shall be installed to City standards as
required by the development; 14) that all abandoned utilities and hookups shall be removed unless their
removal is determined by the City Arborist to have a detrimental effect on any existing protected trees on or
adjacent to the site; 15) that prior to being issued a demolition permit on the site, the property owner shall
submit an erosion control plan for approval by the City Engineer; 16) that prior to installation of any sewer
laterals, water or gas connections on the site, the property owner shall submit a plan for approval by the City
Engineer and the City Arborist; 17) that prior to installing the new water line to serve Lots 9, 10 and 11 and
supplying the maintenance irrigation system to the redwood grove in the easement at the rear of Lots 9, 10
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City of Burlingame Planning Commission Minutes
March 29, 2004
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; 18) that the property
owner shall arrange for a licensed professional to install backflow valves on the sewer laterals to 1553 Drake
Avenue, 1557 Drake Avenue, 1561 Drake Avenue, and 1566 Drake Avenue at the property owner's expense
and with the permission of the affected property owners; the Planning Department will advise the eligible
property owners of this condition of approval, noting that it is their choice to take advantage of this
opportunity; 19) that the contractor shall submit the "Recycling and Waste Reduction" form to the building
department to be approved by the Chief Building Official that demonstrates how 60 per cent of construction
demolition material will be diverted from the waste stream and the property owner shall be responsible for the
implementation of this plan; (completed) 20) that all runoff created during construction and future discharge
from the site will be required to meet National Pollution Discharge Elimination System (NPDES) standards;
21) that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance; 22) �
the project property owner shall obtain Planning Commission approval for any revisions to the proposed
house and/or accessory structure or necessary changes to the tree protection program or to address new
issues which may arise during construction; 23) that the property owner shall comply with Ordinance 1503,
the City of Burlingame Storm Water Management and Discharge Control Ordinance; 24) that should any
cultural resources be discovered during construction, work shall be halted until they are fully investigated by a
professional accepted as qualified by the City Planner and the recommendations of the expert have been
executed to the satisfaction of the City; 25) that 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 5 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; 26) A. that the root protection fencing for the Redwood trees on Lot 9 and 10 shall be installed on
site and inspected by a Certified arborist; and a written report prepared by a certified arborist documenting
the dimensions of the root protection fencing for the Redwood trees sha11 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,
except if the portion of the protective fence on Lot 9 in the area of the driveway may be removed to install
the driveway with the approval of the City Arborist; the removal of a section of the fence should not disturb
the maintenance irrigation system installed within the tree protective fencing; 27) A. that 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; 28)
A. that a licensed arborist shall be on site during any demolition and grading or digging activities that take
place within the designated tree protection zones, including the digging of the pier holes for the pier and
grade beam foundation, during the digging of the fence post holes for the first 60 feet of fence between Lots 9
and 10, and during digging for removal or installation of any utilities; B. that a licensed arborist, selected by
the City and funded by the property owner, shall inspect the construction site once a week or more frequently
as required by the conditions of approval and certify in writing to the City Arborist and Planning Department
that all tree protection measures are in place and requirements of the conditions of approval are being met; C.
that no materials or equipment shall be stockpiled or stored in any area not previously approved by the
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City of Burlingame Planning Commission Minutes
March 29, 2004
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;29) 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;
30) 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; 31)that the property owner shall
submit a complete landscape plan for approval by the City Arborist prior to a Building pernut being issued to
address the landscaping and fence installation on the site, including plantings, imgation, 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; 32) 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; 33) Tree Maintenance: A. The property owner shall be responsible for
maintenance during demolition and construction work on the project and for a S-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 Apri128, 2003
Mayne Tree Company report as well as such additional recommendations as the property owner sha11 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 pernut
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 conective 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. 34) that for purposes of these conditions a certified arborist means a person certified by the
International Society of Arboriculture as an arborist; 35) A. that the fence post holes shall be hand-dug under
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City of Burlingame Planning Commission Minutes
March 29, 2004
the supervision of a certified arborist for the fence installed along the first 60-feet of the properry 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; 36) 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 pernut 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. 3 7) that before issuance of any demolition or construction pernut, the property owner sha11
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. '�'
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
38) that the project shall meet all the requirements ofthe 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; 39) that a soils compaction analysis shall be performed by a soils engineer on the areathat
was excavated and refilled during the week of November 24, 2003, to determine what the e�cisting
compaction is. The soils engineer and a certified arborist shall then determine what conective 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); 40) 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; 41) that if work is done inviolation 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 conective steps should be taken regarding the violation; 42) that the
property owner shall replace the e�sting 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 e�sting line past lot 9 and a connection
provided to Lot 10 shall be provided at a location approved by the City Arborist; 43) that the Redwood Tree
Grove Protective Fencing shall be maintained during construction on Lots 9, 10 and 11, and this Redwood
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City of Burlingame Planning Commission Minutes
March 29, 2004
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; 44) 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 6linear 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 ofthe protective
fencing once installed; 45) 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; 46) 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; 47) 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 a11 three lots unless deternuned 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 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; 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 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 deternuned by the City Arborist and
the property owner has implemented all corrective measures and they have been approved by the City
Arborist; and 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 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 15t'' 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�' 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
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Ciry of Burlingame Planning Commission Minutes
March 29, 2004
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, 10 and 11.
Comment on the motion: asked are these conditions more stringent than the original? CP responded yes,
these conditions add requirements to both Lots 9 and 10 for maintenance and protection of the Redwood
Grove for the time of construction on Lot 11 and through the completion of whatever construction to be
determined on Lots 9 and 10. CP also noted that more investigation will need to take place for the
foundations of structures and driveways on these lots, depending on the design and location proposed so the
arborist report is evolving and will continue to be worked on since no foundation or driveway submittals have
been made yet. Whatever the proposal is made it will be brought back to the commission with a full arborist
report. Feel that this is a bad policy at this time, however the conditions are more restrictive, and will not be
harmful, but this is not a good habit for processing.
Chair Bojues called for a voice vote on the motion to amend the conditional use permit by separating the
conditions of approval for Lots 9 and 10 and amending them for additional maintenance ofthe Redwood Tree
Grove. The motion passed on a voice vote 5-0-1-1 (C. Keighran abstaining, C. Keele absent).
IX. DESIGN REVIEW STUDY ITEMS
13. 312 HOWARD AVENUE, ZONED R-1— APPLICATION FOR DESIGN REVIEW FOR AFIRST AND
SECOND STORY ADDITION (TOM AND TRISH rTICHOL, APPLICANTS AND PROPERTY
OWNERS� ROBERT MEDAN ARCHITECT�(69 NOTICED) PROJECT PLANNER: RUBEN HURIN
Plr. Hurin briefly presented the project description. There were no questions of staff.
Chair Bojues opened the public comment. Robert Medan, architect, noted that the applicant's family has
three children and that they need more space, proposing to add a third bedroom. Commission asked if the
top of the roof was cut to stay within the 30' height limit? Yes, tried to stay within the height limit and did not
want to change the roof pitch to lower the height, changing the roof pitch would have altered the overall
design envelope. Commission noted that a special permit to exceed the height limit would be appropriate in
the case of this architectural style in order to have the roof terminate at a point. Architect noted that he
would make the suggested changes to the roof as long as it would not delay the review process. There were
no other comments from the floor and the public hearing was closed.
C. Auran made a motion to place this item on the consent calendar at a time when the revisions to the roof
have been made and plan checked. This motion was seconded by C. Bojues.
Comment on motion: Commission requested that the architect provide information on how the chimney will
be stabilized with the ne�t submittal.
Chair Bojues called for a vote on the motion to place this item on the consent calendar when plans had been
revised for the roof and chimney stabilization as directed. The motion passed on a voice vote 6-0-1(C. Keele
absent). The Planning Commission's action is advisory and not appealable. This item concluded at 12:15
33
: • •► ►•
RESOLUTION APPROVING CATEGORICAL EXEMPTION
and SPECIAL PERMIT
RESOLVED by the CITY COUNCIL of the City of Burlingame that:
WHEREAS, a Negative Declaration ND-525-P and Addendum has been proposed and
application has been made for an amendment to the conditionals use permit for emerging lots to separate
and amendment to the conditions of approval for each lot and for additional tree protection requirements
for Lot 10 located at 1537 Drake Avenue, zoned R-1, APN: 026-033-030; Otto Miller,
property owner.
WHEREAS, the Planning Commission held a public hearing on said application March 29, 2004,
at which time said application was approved;
WHEREAS, this matter was appealed to City CounciL and a hearing thereon held on May 3,
2004, at which time it reviewed and considered the staff report and all other written materials and
testimony presented at said hearing;
NOW, THEREFORE, it is hereby RESOLVED and DETERMINED by this Council that:
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 10, subject to the conditions set forth in
Exhibit "A" attached hereto. Findings for such amendments to the conditions of approval are as set forth
in the staff report, minutes and recording of said meeting.
3. It is further directed that a certified copy of this resolution be recorded in the official records of the
County of San Mateo.
MAYOR
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the
foregoing resolution was introduced at a regular meeting of the City Council held on the 3rd day of
May, 2004, and adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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 10 at
1537 Drake Avenue, effective May 3, 2004.
1. that the project shall be built as shown on the plans submitted to the Planning Department date
stamped March 13, 2003, sheets A.1 through A.5 and date stamped April 25, 2003, sheet L-1;
and that any changes to the structure including but not limited to foundation design, height,
building materials, exterior finishes, footprint or floor area of the building or the tree protection
plan or to tree trimming shall require review by the Planning Commission and an amendment to
this permit;
2. that any changes to the size or envelope of the basement, first or second floors, or garage, which
would include adding or enlarging a dormer(s), moving or changing windows and architectural
features or changing the roof height or pitch; and all changes shall be consistent with the plans
which were approved for this lot on May 27, 2003, because those plans were determined to be
consistent in scale and mass with the overall development approved at or near the same time on
adjacent lots 10 and 11 shall be subject to Planning Commission review;
3. that prior to scheduling the framing inspection, the project architect, engineer or other licensed
professional shall provide architectural certification that the architectural details such as
window locations and bays are built as shown on the approved plans; if there is no licensed
professional involved in the project, the property owner or contractor shall provide the
certification under penalty of perjury;
4. that prior to final inspection, Planning Department staff will inspect and note compliance of the
architectural details (trim materials, window type, etc.) to verify that the project has been built
according to the approved Planning and Building plans and the City Arborist shall verify that all
required tree protection measures were adhered to during construction including maintenance of
the redwood grove, an appropriate tree maintenance program is in place, all required
landscaping and irrigation was installed appropriately, and any redwood grove tree protection
measures have been met;
5. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single
termination and installed on the portions of the roof not visible from the street; and that these
venting details shall be included and approved in the construction plans before a Building
permit is issued;
6. that the conditions of the City Engineers April 8, May 31, June 4, August 15 , August 30, and
October 15, 2002, memos, the Fire Marshals September 3, 2002 memo, the Chief Building
Inspectors August 5, 2002 memo, the Recycling Specialist's August 27, 2002 memo, and the
City Arborist's September 3, 2002, and April 3 and May 21, 2003 memos shall be met;
7. that demolition of the existing structures and any grading or earth moving on the site shall be
required to have a City grading permit, be overseen by a licensed arborist, inspected by the City
Arborist, and be required to comply with all the regulations of the Bay Area Air Quality
Management District and with all the requirements of the permit issued by BAAQMD;
8. that there shall be no heavy equipment operation or hauling permitted on weekends or holidays
during the development of Lot 9; use of hand tools shall comply with the requirements of the
2
EXHIBIT "A"
Conditions of approval based on Negative Declaration ND-525-P and Addendum to Amend the
Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 10 at
1537 Drake Avenue, effective May 3, 2004.
18. that the property owner shall arrange for a licensed professional to install backflow valves on
the sewer laterals to 1553 Drake Avenue, 1557 Drake Avenue, 1561 Drake Avenue, and 1566
Drake Avenue at the property owner's expense and with the permission of the affected property
owners; the Planning Department will advise the eligible property owners of this condition of
approval, noting that it is their choice to take advantage of this opportunity;
19. that the contractor shall submit the "Recycling and Waste Reduction" form to the building
department to be approved by the Chief Building Official that demonstrates how 60 per cent
of construction demolition material will be diverted from the waste stream and the property
owner shall be responsible for the implementation of this plan; (completed)
20. that all runoff created during construction and future discharge from the site will be required to
meet National Pollution Discharge Elimination System (NPDES) standards;
21. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance;
22. that the project property owner shall obtain Planning Commission approval for any revisions to
the proposed house and/or accessory structure or necessary changes to the tree protection
program or to address new issues which may arise during construction;
23. that the property owner shall comply with Ordinance 1503, the City of Burlingame Storm
Water Management and Discharge Control Ordinance;
24. that should any cultural resources be discovered during construction, work shall be halted until
they are fully investigated by a professional accepted as qualified by the City Planner and the
recommendations of the expert have been executed to the satisfaction of the City;
25. that no installation work on the driveway or landscaping on the site shall occur until the timing,
design, method of construction and materials have been approved by the City Arborist, and a
licensed arborist shall be on the site continually to supervise the installation of the driveway and
to make adjustments based on any root impacts identified during the process of construction;
the construction activity shall be inspected regularly by the City Arborist during construction
compliance with the approved materials and method of installation; it shall be the
responsibility of the property owner to notify the City Arborist when construction of the
driveway on Lot 9 is to begin;
�
A. that the root protection fencing for the Redwood trees on Lot 9 and 10 shall be installed on site
and inspected by a Certified arborist; and a written report prepared by a certified arborist
documenting the dimensions of the root protection fencing for the Redwood trees shall be
submitted to the City Arborist within 24 hours of the inspection, and that the written report
shall be approved by the City Arborist prior to the issuance of any demolition or construction
permit;
4
EXHIBIT "A"
Conditions of approval based on Negative Declaration ND-525-P and Addendum to Amend the
Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 10 at
1537 Drake Avenue, effective May 3, 2004.
City's noise ordinance;
9. that no construction equipment, construction material storage or construction worker parking
shall be allowed on the street in the public right-of-way during construction on the site; as much
employee parking as possible shall be accommodated on the site during each of the phases of
development; construction activity and parking shall not occur within the redwood tree grove
protective fencing on Lot 9;
10. that all construction shall be done in accordance with the California Building Code
requirements in effect at the time of construction as amended by the City of Burlingame, and
limits to hours of construction imposed by the City of Burlingame Municipal Code; there shall
be no construction on Sundays or holidays;
11. that the method of construction and materials used in construction shall insure that the interior
noise level within the building and inside each unit does not exceed 45 dBA in any sleeping
areas;
12. that the new 2 inch water line to serve lots 9, 10 and 11 shall be installed before an inspection
for the foundation will be scheduled by the City; and all new utility connections to serve the
site, and which are affected by the development, shall be installed to meet current code
standards and local capacities of the collection and distribution systems shall be increased at the
property owner's expense if determined to be necessary by the Public Works Department and
the location of all trenches for utility lines shall be approved by the City Arborist during the
building permit review and no trenching for any utility shall occur on site without continual
supervision of a licensed arborist and inspection by the City Arborist;
13. that the new sewer to the public sewer main shall be installed to City standards as required by
the development;
14. that all abandoned utilities and hookups shall be removed unless their removal is determined by
the City Arborist to have a detrimental effect on any existing protected trees on or adjacent to
the site;
15. that prior to being issued a demolition permit on the site, the property owner shall submit an
erosion control plan for approval by the City Engineer;
16. that prior to installation of any sewer laterals, water or gas connections to the site, the property
owner shall submit a plan for approval by the City Engineer and the City Arborist;
17. that prior to installing the new water line to serve Lots 9, 10 and 11 and supplying the
maintenance irrigation system to the redwood grove in the easement at the rear of Lots 9, 10
and 11 and prior to receiving a building permit, the property owner shall obtain an
encroachment permit from the Public Warks department to replace the 2-inch water pipe in the
City right-of-way;
3
EXHIBIT "A"
Conditions of approval based on Negative Declaration ND-525-P and Addendum to Amend the
Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 10 at
1537 Drake Avenue, effective May 3, 2004.
B. that the established root protection fencing shall be inspected regularly by the City Arborist and
shall not be adjusted or moved at any time during demolition or construction unless approved
by the City Arborist;
C. that the root protection fencing shall not be removed until construction is complete on Lots 9
and 10, except if the portion of the protective fence on Lot 9 in the area of the driveway may be
removed to install the driveway with the approval of the City Arborist; the removal of a section
of the fence should not disturb the maintenance irrigation system installed within the tree
protective fencing;
27.
A. that a licensed arborist shall be on site during any demolition and grading or digging activities
that take place within the designated tree protection zones, including the digging of the pier
holes for the pier and grade beam foundation, during the digging of the fence post holes for the
first 60 feet of fence between Lots 9 and 10, and during digging for removal or installation of
any utilities;
B. that a licensed arborist, apprvvec� selected by the City and funded by the property owner, shall
inspect the construction site once a week or more frequently as required by the conditions of
approval and certify in writing to the City Arborist and Planning Department that all tree
protection measures are in place and requirements of the conditions of approval are being met;
C. that no materials or equipment shall be stockpiled or stored in any area not previously approved
by the City Arborist;
D. that a Certified arborist shall be given written authority by the property owner and be obligated
to stop all work on the site should any activity violate any and all conditions of approval
relating to the protection, conservation and maintenance of trees on the site, and
E. the City Arborist shall also stop work for any violation of the conditions related to the
protection, conservation and maintenance of trees on the site;
28.
A. that under the observation of a certified arborist, all pier holes for the foundation shall be hand
dug to a depth of no more than 18 inches and the surface area around the hole shall be protected
as required by the City Arborist; excavation activity for the foundation shall be limited to the
months of May to October;
B. that if any roots greater than 3 inches in diameter are encountered during the digging for the
pier holes, the property owner's on-site arborist shall call the City Arborist and determine how
the pier shall be relocated and the Building Department shall be informed of the change and
approve that the requirements of the building code are still met;
C. if at any time during the installation of the pier and grade beam foundations roots greater than 3
EXHIBIT "A"
Conditions of approval based on Negative Declaration ND-525-P and Addendum to Amend the
Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 10 at
1537 Drake Avenue, effective May 3, 2004.
inches in diameter must be cut, the situation must be documented by the certified arborist and
approved by the City Arborist prior to the time the roots are cut;
29.
A. that, based on root locations that will be determined by hand digging on the site, the property
owner shall submit a detailed foundation report and design for approval by the Building
Department and City Arborist to establish the bounds of the pier and grade beam foundation
and have it approved prior to the issuance of a building permit for construction on the site;
B. if at any time during the construction the pier locations must be altered to accommodate a
Redwood tree root, the structural changes must be approved by the Building Department prior
to the time any such root is cut or damaged;
30. that the property owner shall submit a complete landscape plan for approval by the City
Arborist prior to a Building permit being issued to address the landscaping and fence
installation on the site, including plantings, irrigation, electricity, fences, retaining walls and
soil deposits on the site; installation of all landscape features shall be overseen by the property
owner's arborist and regularly inspected by the City Arborist, including fence post holes; and
work shall be stopped and plans revised if any roots of 3 inches in diameter or greater are found
in post holes or any new landscape materials added endanger the redwood trees;
31.
A. that the fence post holes shall be hand-dug under the supervision of a certified arborist for the
fence installed along the first 60-feet of the property line between Lots 9 and 10;
B. that if at any time during the hand digging a root greater than 3 inches in diameter is
encountered, the post hole shall be relocated as directed by the property owner's Certified
arborist and as approved by the City Arborist;
32. Tree Maintenance:
A. The property owner shall be responsible for maintenance during demolition and construction
work on the project and for a 5-year maintenance program for the Redwood trees and their root
structure on the site, including deep root fertilizing, beginning upon final inspection; this
maintenance program shall be as recommended by the City Arborist based on site studies and
experience during construction;
B. The property owner shall submit a report from a certified arborist to the Planning Department
that discusses the health of the trees and any recommended maintenance on the trees or other
recommended actions on the property no later than one year after the completion of
construction on the project and every two years thereafter for a period of 5 yeaxs;
C. Prior to a demolition permit being issued for the project, the property owner shall submit an
0
EXHIBIT "A"
Conditions of approval based on Negative Declaration ND-525-P and Addendum to Amend the
Conditional Use Permit for Emerging Lots to Sepaxate and Amend Conditions of Approval for Lot 10 at
1537 Drake Avenue, effective May 3, 2004.
appraisal for each of the four (4) Redwood trees on Lots 9 and 10 from a certified arborist; upon
submittal of the appraisal, a penalty amount shall be set by the City Arborist and the City
Attorney based on the appraisal. Before issuance of any demolition or building permit for the
project, the property owner shall then submit security to the City in a form approved by the City
Attorney equal to the penalty amount should one or more of the Redwood trees die during
demolition or construction or the 5-year period after completion of construction that is
attributed to construction on the site by the City Arborist, to cover any necessary removal costs,
and to cover any unperformed maintenance or other corrective activities regarding the trees;
nothing contained in this condition is intended to limit in any way any other civil or criminal
penalties that the City or any other person may have regarding damage or loss of the trees.
33. that for purposes of these conditions a certified arborist means a person certified by the
International Society of Arboriculture as an arborist;
34. that before issuance of any demolition or construction permit, the property owner shall record a
deed restriction on the lot identifying the four (4) key Redwood trees and providing notice to
the heirs, successors, and assigns that these trees were key elements of the development of the
lot and:
A. The trees may cause damage or inconvenience to or interfere with the driveways, foundations,
roofs, yards, and other improvements on the property; however, those damages and
inconveniences will not be considered grounds for removal of the trees under the Burlingame
Municipal Code;
B. Any and all improvement work, including landscaping and utility service, on the property must
be performed in recognition of the irreplaceable value of the trees, must be done in consultation
with a certified arborist, and if any damage to the trees occurs, will result in penalties and
possible criminal prosecution;
35. that the project shall meet all the requirements of the California Building and Uniform Fire
Codes, 2001 Edition, as amended by the City of Burlingame;
36. that a soils compaction analysis shall be performed by a soils engineer on the area that was
excavated and refilled during the week of November 24, 2003, to determine what the existing
compaction is. The soils engineer and a certified arborist shall then determine what corrective
steps if any must be taken to restore the area to the compaction existing in the surrounding soil
and shall submit this determination to the City Arborist and City Engineer for approval. The
corrective steps will then be completed before issuance of any construction permits for the site
(completed);
37. that before any grading or construction occurs on the site, these conditions and a set of
approved plans shall be posted on a weather-proofed story board at the front of the site to the
satisfaction of the Building Department so that they are readily visible and available to all
persons working or visiting the site;
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 10 at
1537 Drake Avenue, effective May 3, 2004.
38. that if work is done in violation of any requirement in these conditions prior to obtaining the
required approval of the City Arborist, and/or the Building Division, work on the site shall be
immediately halted, and the project shall be placed on a Planning Commission agenda to
determine what corrective steps should be taken regarding the violation;
39. that a permanent water supply shall be provided to the maintenance irrigation system for the
Redwood tree grove on Lots 9 and 10 until an occupancy permit is issued to the last house to be
developed on Lot 9, 10 or 11; and that this continuous and dependable water supply shall not be
provided by a new water line unless it is laid without trenching and in a manner approved by
the City Arborist and City Engineer, failure to provide a constant, stable water supply adequate
to appropriately irrigate the Redwood tree grove shall result in a stoppage of any construction
underway on any of the lots;
40. that at the south property line of lot 9 the property owner shall extend using an existing or a
temporary, above ground, water line as approved by the City Arborist from the public right-of-
way or easement at the rear of the property to provide at least 250 feet of dry weather soaker
hose irrigation to the redwood groves, there shall be no excavation for the temporary water line
on lot 9 or 10;
41. that the Redwood Tree Grove Protective Fencing shall be maintained during construction on
Lot 9, and this Redwood Tree Grove Protective Fencing shall not be temporarily altered, moved
or removed during construction; no materials, equipment or tools of any kind are to be placed
or dumped, even temporarily, within this Redwood Tree Grove Protective Fencing, the
protective fencing and protection measures within the fencing shall remain in place until the
building permit for the development on Lot 9 has been finaled and an occupancy permit issued;
except for modification of the protective fencing as approved by the City Arborist in order to
install the driveway on Lot 9;
42. that prior to issuance of the building permit for construction on Lot 9, the property owner shall
reinforce the existing Redwood Tree Grove Protective Fencing by installing 36-inch long layout
stakes 24-inches into the ground with the supervision of the project arborist and as inspected by
the City Arborist; there shall be one stake approximately every 6 linear feet as determined by
the location of any substantial tree roots, with steel wire affixed to the fence base though a hole
in the layout takes to prevent movement or alteration of the protective fencing once installed;
43. that prior to issuance of a building permit for construction on Lot 9, the property owner shall
install a locked gate in the Redwood Tree Grove Protective Fencing for inspection access to the
protected area in order to determine on going adequacy of mulch, soil moisture and the status of
other field conditions as necessary throughout the construction period; this area shall be
accessed only by the project arborist, City Arborist, or workers under the supervision of these
professionals;
44. that prior to the issuance of a building permit for construction on Lot 9, the property owner
shall cause to have a three-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
EXHIBIT "A"
Conditions of approval based on Negative Declaration ND-525-P and Addendum to Amend the
Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 10 at
1537 Drake Avenue, effective May 3, 2004.
accomplished by a method approved by the project arborist and City Arborist; installation of the
wood chip and compost shall be supervised by the project arborist and the City Arborist; the
project arborist shall inform the City Arborist of the timing of installation of the course wood
chip mulch and organic compost so that observation and inspection can occur;
45. that prior to issuance of a building permit for construction on Lot 9 and starting in the late
Spring/Early Summer 2004, the property owner shall install a supplemental irrigation system of
approximately 250 feet of soaker hoses attached to an active hose bib from the temporary water
line on Lot 9, snaked throughout the entire area on Lots 9 and 10 within the Redwood Tree
Grove Protective Fencing; irrigation must be performed at least once every two weeks
throughout the entire construction period for all three lots unless determined not to be necessary
by the project arborist and City Arborist; this area shall be soaked overnight, at least once every
two weeks, until the upper 24-inches of soil is thoroughly saturated; the City Arborist shall
periodically test the soil moisture to ensure proper irrigation;
46. that prior to issuance of a building permit for construction on Lot 9, the property owner shall
affix at least four(4), 8-inch by 11-inch laminated waterproof signs on the Redwood Tree Grove
Protective Fencing warning that it is a"Tree Protection Fence", "Do Not Alter or Remove" and
in the event of movement or problem call a posted emergency number;
47. that the Redwood Tree Grove Protective Fencing on Lots 9 and 10, shall be regularly inspected
by the project arborist and City Arborist during construction on Lot 9; violation of the
fenced areas and/or removal or relocation of the fences shall cause all construction work to be
stopped until possible damage has been determined by the City Arborist and the
property owner has implemented all corrective measures and they have been approved by the
City Arborist;
48. that before issuance of a building permit, the property owner shall deposit $7,500 with the
Planning Department to fund, on an hourly basis, a licensed arborist inspector selected by the
City Arborist to assist the City Arborist in inspecting all construction and grading on Lot 9 to
insure that the mitigation measures included in the negative declaration and the conditions of
approval attached to the project by the Planning Commission action are met; and
a. that the property owner shall replenish by additional deposit by the 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 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
9
EXHIBIT "A"
Conditions of approval based on Negative Declaration ND-525-P and Addendum to Amend the
Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 10 at
1537 Drake Avenue, effective May 3, 2004.
d. that should the city be caused to issue three stop work orders for failure to maintain the
funding in this arborist inspection account, the property owner shall be required to
deposit two times the amount determined by the City Arborist to cover the remainder of
the inspection work before the third stop work order shall be removed; and
e. that the unexpended portion of the inspection deposit shall be returned to the property
owner upon inspection of the installation of the landscaping and fences, irrigation
system and approval of the five year maintenance plan/ program for the portion of the
Redwood tree grove on the lot; and that this same account may be used for the City
Arborist's selected licensed arborist inspector on lots 9 and 10.
10
: 1 �► ►�
RESOLUTION APPROVING CATEGORICAL EXEMPTION
and SPECIAL PERMIT
RESOLVED by the CITY COiJNCIL of the City of Burlingame that:
WHEREAS, a Negative Declaration ND-525-P and Addendum has been proposed and
application has been made for an amendment to the conditionals use permit for emerging lots to separate
and amendment to the conditions of approval for each lot and for additional tree protection requirements
for Lots 9located at 1537 Drake Avenue, zoned R-1, APN: 026-033-030; Otto Mille, property owner.
WHEREAS, the Planning Commission held a public hearing on said application March 29, 2004,
at which time said application was approved;
WHEREAS, this matter was appealed to City CounciL and a hearing thereon held on May 3,
2004, at which time it reviewed and considered the staff report and all other written materials and
testimony presented at said hearing;
NOW, THEREFORE, it is hereby RESOLVED and DETERMINED by this Council that:
1. On the basis of the Initial Study and the documents submitted and reviewed, and comments
received and addressed by this commission, it is hereby found that there is no substantial evidence that the
project set forth above will have a significant effect on the environment, and a Negative Declaration ND-
525-P is hereby approved;
2. Said amendments to the conditions are approved for Lot 9, subject to the conditions set forth in
Exhibit "A" attached hereto. Findings for such amendments to the conditions of approval are as set forth
in the staff report, minutes and recording of said meeting.
3. It is further directed that a certified copy of this resolution be recorded in the official records of the
County of San Mateo.
MAYOR
I, JiJDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the
foregoing resolution was introduced at a regular meeting of the City Council held on the 3rd day of
May, 2004, and adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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 9 at
1537 Drake Avenue, effective May 3, 2004.
1. that the project shall be built as shown on the plans submitted to the Planning Department date
stamped March 13, 2003, sheets A.1 through A.5 and date stamped Apri125, 2003, sheet L-1;
and that any changes to the structure including but not limited to foundation design, height,
building materials, exterior finishes, footprint or floor area of the building or the tree protection
plan or to tree trimming shall require review by the Planning Commission and an amendment to
this permit;
2. that any changes to the size or envelope of the basement, first or second floors, or garage, which
would include adding or enlarging a dormer(s), moving or changing windows and architectural
features or changing the roof height or pitch; and all changes shall be consistent with the plans
which were approved for this lot on May 27, 2003, because those plans were determined to be
consistent in scale and mass with the overall development approved at or near the same time on
adjacent lots 10 and 11 shall be subject to Planning Commission review;
3. that prior to scheduling the framing inspection, the project architect, engineer or other licensed
professional shall provide architectural certification that the architectural details such as
window locations and bays are built as shown on the approved plans; if there is no licensed
professional involved in the project, the property owner or contractor shall provide the
certification under penalty of perjury;
4. that prior to final inspection, Planning Department staff will inspect and note compliance of the
architectural details (trim materials, window type, etc.) to verify that the project has been built
according to the approved Planning and Building plans and the City Arborist shall verify that all
required tree protection measures were adhered to during construction including maintenance of
the redwood grove, an appropriate tree maintenance program is in place, all required
landscaping and irrigation was installed appropriately, and any redwood grove tree protection
measures have been met;
5. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single
termination and installed on the portions of the roof not visible from the street; and that these
venting details shall be included and approved in the construction plans before a Building
permit is issued;
6. that the conditions of the City Engineers April 8, May 31, June 4, August 15 , August 30, and
October 15, 2002, memos, the Fire Marshals September 3, 2002 memo, the Chief Building
Inspectors August 5, 2002 memo, the Recycling Specialist's August 27, 2002 memo, and the
City Arborist's September 3, 2002, and Apri13 and May 21, 2003 memos shall be met;
7. that demolition of the existing structures and any grading or earth moving on the site shall be
required to have a City grading permit, be overseen by a licensed arborist, inspected by the City
Arborist, and be required to comply with all the regulations of the Bay Area Air Quality
Management District and with all the requirements of the permit issued by BAAQMD;
8. that there shall be no heavy equipment operation or hauling permitted on weekends or holidays
during the development of Lot 9; use of hand tools shall comply with the requirements of the
�
EXHIBIT "A"
Conditions of approval based on Negative Declaration ND-525-P and Addendum to Amend the
Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 9 at
1537 Drake Avenue, effective May 3, 2004.
City's noise ordinance;
9. that no construction equipment, construction material storage or construction worker parking
shall be allowed on the street in the public right-of-way during construction on the site; as much
employee parking as possible shall be accommodated on the site during each of the phases of
development; construction activity and parking shall not occur within the redwood tree grove
protective fencing on Lot 9;
10. that all construction shall be done in accordance with the California Building Code
requirements in effect at the time of construction as amended by the City of Burlingame, and
limits to hours of construction imposed by the City of Burlingame Municipal Code; there shall
be no construction on Sundays or holidays;
11. that the method of construction and materials used in construction shall insure that the interior
noise level within the building and inside each unit does not exceed 45 dBA in any sleeping
areas;
12. that the new 2 inch water line to serve lots 9, 10 and 11 shall be installed before an inspection
for the foundation will be scheduled by the City; and all new utility connections to serve the
site, and which are affected by the development, shall be installed to meet current code
standards and local capacities of the collection and distribution systems shall be increased at the
property owner's expense if determined to be necessary by the Public Works Department and
the location of all trenches for utility lines shall be approved by the City Arborist during the
building permit review and no trenching for any utility shall occur on site without continual
supervision of a licensed arborist and inspection by the City Arborist;
13. that the new sewer to the public sewer main shall be installed to City standards as required by
the development;
14. that all abandoned utilities and hookups shall be removed unless their removal is determined by
the City Arborist to have a detrimental effect on any existing protected trees on or adjacent to
the site;
15. that prior to being issued a demolition permit on the site, the property owner shall submit an
erosion control plan for approval by the City Engineer;
16. that prior to installation of any sewer laterals, water or gas connections to the site, the property
owner shall submit a plan for approval by the City Engineer and the City Arborist;
17. that prior to installing the new water line to serve Lots 9, 10 and 11 and supplying the
maintenance irrigation system to the redwood grove in the easement at the rear of Lots 9, 10
and 11 and prior to receiving a building permit, the property owner shall obtain an
encroachment permit from the Public Works department to replace the 2-inch water pipe in the
City right-of-way;
��
EXHIBIT "A"
Conditions of approval based on Negative Declaration ND-525-P and Addendum to Amend the
Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 9 at
1537 Drake Avenue, effective May 3, 2004.
18. that the property owner shall arrange for a licensed professional to install backflow valves on
the sewer laterals to 1553 Drake Avenue, 1557 Drake Avenue, 1561 Drake Avenue, and 1566
Drake Avenue at the property owner's expense and with the permission of the affected property
owners; the Planning Department will advise the eligible property owners of this condition of
approval, noting that it is their choice to take advantage of this opportunity;
19. that the contractor shall submit the "Recycling and Waste Reduction" form to the building
department to be approved by the Chief Building Official that demonstrates how 60 per cent
of construction demolition material will be diverted from the waste stream and the property
owner shall be responsible for the implementation of this plan; (completed)
20. that all runoff created during construction and future discharge from the site will be required to
meet National Pollution Discharge Elimination System (NPDES) standards;
21. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance;
22. that the project property owner shall obtain Planning Commission approval for any revisions to
the proposed house and/or accessory structure or necessary changes to the tree protection
program or to address new issues which may arise during construction;
23. that the property owner shall comply with Ordinance 1503, the City of Burlingame Storm
Water Management and Discharge Control Ordinance;
24. that should any cultural resources be discovered during construction, work shall be halted until
they are fully investigated by a professional accepted as qualified by the City Planner and the
recommendations of the expert have been executed to the satisfaction of the City;
25. that no installation work on the driveway or landscaping on the site shall occur until
, , the
timing, design, method of construction and materials have been approved by the City Arborist,
and a licensed arborist shall be on the site continually to supervise the installation of the
driveway and to make adjustments based on any root impacts identified during the process of
construction; the construction activity shall be inspected regularly by the City Arborist during
construction compliance with the approved materials and method of installation; it shall be the
responsibility of the property owner to notify the City Arborist when construction of the
driveway on Lot 9 is to begin;
26.
A. that the root protection fencing for the Redwood trees on Lot 9 and 10 shall be installed on site
and inspected by a Certified arborist; and a written report prepared by a certified arborist
documenting the dimensions of the root protection fencing for the Redwood trees shall be
submitted to the City Arborist within 24 hours of the inspection, and that the written report
shall be approved by the City Arborist prior to the issuance of any demolition or construction
permit;
4
EXHIBIT "A"
Conditions of approval based on Negative Declaration ND-525-P and Addendum to Amend the
Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 9 at
1537 Drake Avenue, effective May 3, 2004.
B. that the established root protection fencing shall be inspected regularly by the City Arborist and
shall not be adjusted or moved at any time during demolition or construction unless approved
by the City Arborist;
C. that the root protection fencing shall not be removed until construction is complete on Lots 9
and 10, except if the portion of the protective fence on Lot 9 in the area of the driveway may be
removed to install the driveway with the approval of the City Arborist; the removal of a section
of the fence should not disturb the maintenance imgation system installed within the tree
protective fencing;
27.
A. that a licensed arborist shall be on site during any demolition and grading or digging activities
that take place within the designated tree protection zones, including the digging of the pier
holes for the pier and grade beam foundation, during the digging of the fence post holes for the
first 60 feet of fence between Lots 9 and 10, and during digging for removal or installation of
any utilities;
B. that a licensed arborist, selected by the City and funded by the property owner, shall inspect the
construction site once a week or more frequently as required by the conditions of approval and
certify in writing to the City Arborist and Planning Department that all tree protection measures
are in place and requirements of the conditions of approval are being met;
C. ithat no materials or equipment shall be stockpiled or stored in any area not previously
approved by the City Arborist;
D. that a Certified arborist shall be given written authority by the property owner and be obligated
to stop all work on the site should any activity violate any and all conditions of approval
relating to the protection, conservation and maintenance of trees on the site, and
E. the City Arborist may shall also stop work for any violation of the conditions related to the
protection, conservation and maintenance of trees on the site;
:
A. that under the observation of a certified arborist, all pier holes for the foundation shall be hand
dug to a depth of no more than 18 inches and the surface area around the hole shall be protected
as required by the City Arborist; excavation activity for the foundation shall be limited to the
months of May to October;
B. that if any roots greater than 3 inches in diameter are encountered during the digging for the
pier holes, the property owner's on-site arborist shall call the City Arborist and determine how
the pier shall be relocated and the Building Department shall be informed of the change and
approve that the requirements of the building code are still met;
EXHIBIT "A"
Conditions of approval based on Negative Declaration ND-525-P and Addendum to Amend the
Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 9 at
1537 Drake Avenue, effective May 3, 2004.
C. if at any time during the installation of the pier and grade beam foundations roots greater than 3
inches in diameter must be cut, the situation must be documented by the certified arborist and
approved by the City Arborist prior to the time the roots are cut;
29.
A. that, based on root locations that will be determined by hand digging on the site, the property
owner shall submit a detailed foundation report and design for approval by the Building
Department and City Arborist to establish the bounds of the pier and grade beam foundation
and have it approved prior to the issuance of a building permit for construction on the site;
B. if at any time during the construction the pier locations must be altered to accommodate a
Redwood tree root, the structural changes must be approved by the Building Department prior
to the time any such root is cut or damaged;
30. that the property owner shall submit a complete landscape plan for approval by the City
Arborist prior to a Building permit being issued to address the landscaping and fence
installation on the site, including plantings, irrigation, electricity, fences, retaining walls and
soil deposits on the site; installation of all landscape features shall be overseen by the property
owner's arborist and regularly inspected by the City Arborist, including fence post holes; and
work shall be stopped and plans revised if any roots of 3 inches in diameter or greater are found
in post holes or any new landscape materials added endanger the redwood trees;
31.
A. that the fence post holes shall be hand-dug under the supervision of a certified arborist for the
fence installed along the first 60-feet of the property line between Lots 9 and 10;
B. that if at any time during the hand digging a root greater than 3 inches in diameter is
encountered, the post hole shall be relocated as directed by the property owner's Certified
arborist and as approved by the City Arborist;
32. Tree Maintenance:
A. The property owner shall be responsible for maintenance during demolition and construction
work on the project and for a 5-year maintenance program for the Redwood trees and their root
structure on the site, including deep root fertilizing, beginning upon final inspection; this
maintenance program shall be as recommended by the City Arborist based on site studies and
experience during construction ;
B. The property owner shall submit a report from a certified arborist to the Planning Department
that discusses the health of the trees and any recommended maintenance on the trees or other
recommended actions on the property no later than one year after the completion of
construction on the project and every two years thereafter for a period of 5 years;
�
EXHIBIT "A"
Conditions of approval based on Negative Declaration ND-525-P and Addendum to Amend the
Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 9 at
1537 Drake Avenue, effective May 3, 2004.
C. Prior to a demolition permit being issued for the project, the property owner shall submit an
appraisal for each of the four (4) Redwood trees on Lots 9 and 10 from a certified arborist; upon
submittal of the appraisal, a penalty amount shall be set by the City Arborist and the City
Attorney based on the appraisal. Before issuance of any demolition or building permit for the
project, the property owner shall then submit security to the City in a form approved by the City
Attorney equal to the penalty amount should one or more of the Redwood trees die during
demolition or construction or the 5-year period after completion of construction that is
attributed to construction on the site by the City Arborist, to cover any necessary removal costs,
and to cover any unperformed maintenance or other corrective activities regarding the trees;
nothing contained in this condition is intended to limit in any way any other civil or criminal
penalties that the City or any other person may have regarding damage or loss of the trees.
33. that for purposes of these conditions a certified arborist means a person certified by the
International Society of Arboriculture as an arborist;
34. that before issuance of any demolition or construction permit, the property owner shall record a
deed restriction on the lot identifying the four (4) key Redwood trees and providing notice to
the heirs, successors, and assigns that these trees were key elements of the development of the
lot and:
A. The trees may cause damage or inconvenience to or interfere with the driveways, foundations,
roofs, yards, and other improvements on the property; however, those damages and
inconveniences will not be considered grounds for removal of the trees under the Burlingame
Municipal Code;
B. Any and all improvement work, including landscaping and utility service, on the property must
be performed in recognition of the irreplaceable value of the trees, must be done in consultation
with a certified arborist, and if any damage to the trees occurs, will result in penalties and
possible criminal prosecution;
35. that the project shall meet all the requirements of the California Building and Uniform Fire
Codes, 2001 Edition, as amended by the City of Burlingame;
36. that a soils compaction analysis shall be performed by a soils engineer on the area that was
excavated and refilled during the week of November 24, 2003, to determine what the existing
compaction is. The soils engineer and a certified arborist shall then determine what corrective
steps if any must be taken to restore the area to the compaction existing in the surrounding soil
and shall submit this determination to the City Arborist and City Engineer for approval. The
corrective steps will then be completed before issuance of any construction permits for the site
(completed);
37. that before any grading or construction occurs on the site, these conditions and a set of
approved plans shall be posted on a weather-proofed story board at the front of the site to the
satisfaction of the Building Department so that they are readily visible and available to all
EXHIBIT "A"
Conditions of approval based on Negative Declaration ND-525-P and Addendum to Amend the
Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 9 at
1537 Drake Avenue, effective May 3, 2004.
persons working or visiting the site;
38. that if work is done in violation of any requirement in these conditions prior to obtaining the
required approval of the City Arborist, and/or the Building Division, work on the site shall be
immediately halted, and the project shall be placed on a Planning Commission agenda to
determine what corrective steps should be taken regarding the violation;
39. that a permanent water supply shall be provided to the maintenance irrigation system for the
Redwood tree grove on Lots 9 and 10 until an occupancy permit is issued to the last house to be
developed on Lot 9, 10 or 11; and that this continuous and dependable water supply shall not be
provided by a new water line unless it is laid without trenching and in a manner approved by
the City Arborist and City Engineer, failure to provide a constant, stable water supply adequate
to appropriately irrigate the Redwood tree grove shall result in a stoppage of any construction
underway on any of the lots;
40. that at the south property line of lot 9 the property owner shall extend using an existing or a
temporary, above ground, water line as approved by the City Arborist from the public right-of-
way or easement at the rear of the property to provide at least 250 feet of dry weather soaker
hose irrigation to the redwood groves, there shall be no excavation for the temporary water line
on lot 9 or 10;
41. that the Redwood Tree Grove Protective Fencing shall be maintained during construction on
Lot 9, and this Redwood Tree Grove Protective Fencing shall not be temporarily altered, moved
or removed during construction; no materials, equipment or tools of any kind are to be placed
or dumped, even temporarily, within this Redwood Tree Grove Protective Fencing, the
protective fencing and protection measures within the fencing shall remain in place until the
building permit for the development on Lot 9 has been finaled and an occupancy permit issued;
except for modification of the protective fencing as approved by the City Arborist in order to
install the driveway on Lot 9;
42. that prior to issuance of the building permit for construction on Lot 9, the property owner shall
reinforce the existing Redwood Tree Grove Protective Fencing by installing 36-inch long layout
stakes 24-inches into the ground with the supervision of the project arborist and as inspected by
the City Arborist; there shall be one stake approximately every 6 linear feet as determined by
the location of any substantial tree roots, with steel wire affixed to the fence base though a hole
in the layout takes to prevent movement or alteration of the protective fencing once installed;
43. that prior to issuance of a building permit for construction on Lot 9, the property owner shall
install a locked gate in the Redwood Tree Grove Protective Fencing for inspection access to the
protected area in order to determine on going adequacy of mulch, soil moisture and the status of
other field conditions as necessary throughout the construction period; this area shall be
accessed only by the project arborist, City Arborist, or workers under the supervision of these
professionals;
44. that prior to the issuance of a building permit for construction on Lot 9, the property owner
shall cause to have a three-inch thick layer of well aged, course wood chip mulch (not bark) and
0
EXHIBIT "A"
Conditions of approval based on Negative Declaration ND-525-P and Addendum to Amend the
Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 9 at
1537 Drake Avenue, effective May 3, 2004.
a two-inch thick layer of organic compost spread over the entire soil surface within the
Redwood Tree Grove Protective Fencing; installation of the wood chip and compost shall be
accomplished by a method approved by the project arborist and City Arborist; installation of the
wood chip and compost shall be supervised by the project arborist and the City Arborist; the
project arborist shall inform the City Arborist of the timing of installation of the course wood
chip mulch and organic compost so that observation and inspection can occur;
45. that prior to issuance of a building permit for construction on Lot 9 and starting in the late
Spring/Early Summer 2004, the property owner shall install a supplemental irrigation system of
approximately 250 feet of soaker hoses attached to an active hose bib from the temporary water
line on Lot 9, snaked throughout the entire area on Lots 9 and 10 within the Redwood Tree
Grove Protective Fencing; irrigation must be performed at least once every two weeks
throughout the entire construction period for all three lots unless determined not to be necessary
by the project arborist and City Arborist; this area shall be soaked overnight, at least once every
two weeks, until the upper 24-inches of soil is thoroughly saturated; the City Arborist shall
periodically test the soil moisture to ensure proper irrigation;
46. that prior to issuance of a building permit for construction on Lot 9, the property owner shall
affix at least four(4), 8-inch by 11-inch laminated waterproof signs on the Redwood Tree Grove
Protective Fencing warning that it is a"Tree Protection Fence", "Do Not Alter or Remove" and
in the event of movement or problem call a posted emergency number;
47. that the Redwood Tree Grove Protective Fencing on Lots 9 and 10, shall be regularly inspected
by the project arborist and City Arborist during construction on Lot 9; violation of the
fenced areas and/or removal or relocation of the fences shall cause all construction work to be
stopped until possible damage has been determined by the City Arborist and the
property owner has implemented all corrective measures and they have been approved by the
City Arborist;
48. that before issuance of a building permit, the property owner shall deposit $7,500 with the
Planning Department to fund, on an hourly basis, a licensed arborist inspector selected by the
City Arborist to assist the City Arborist in inspecting all construction and grading on Lot 9 to
insure that the mitigation measures included in the negative declaration and the conditions of
approval attached to the project by the Planning Commission action are met; and
a. that the property owner shall replenish by additional deposit by the 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`" 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
�
EXHIBIT "A"
Conditions of approval based on Negative Declaration ND-525-P and Addendum to Amend the
Conditional Use Permit for Emerging Lots to Separate and Amend Conditions of Approval for Lot 9 at
1537 Drake Avenue, effective May 3, 2004.
with the city so inspection can continue; and
d. that should the city be caused to issue three stop work orders for failure to maintain the
funding in this arborist inspection account, the property owner shall be required to
deposit two times the amount determined by the City Arborist to cover the remainder of
the inspection work before the third stop work order shall be removed; and
e. that the unexpended portion of the inspection deposit shall be returned to the property
owner upon inspection of the installation of the landscaping and fences, irrigation
system and approval of the five year maintenance plan/ program for the portion of the
Redwood tree grove on the lot; and that this same account may be used for the City
Arborist's selected licensed arborist inspector on lots 9 and 10.
lo
PUBLIC HEARING
NOTICE
CITY OF B URLINGAME
A copy of the applic ' ay be reviewed prior
to the meeting a lai ' g� D pa ent � 1 Primrose Road,
Burlingame, Cal' �
L �
�j,�. �'T" o�, CITY OF BURLINGAME
PLANNING DEPARTMENT
g�JRIJNC�AME 501 PRIMROSE ROAD
BURLINGAME, CA 94010
�,rm w�•-•� TEL: (650) 558-7250
Site:1537 DRAKE AVENUE, LOTS 9& 10
Appeal to the City Council of an application to
amend the conditional use permit for emerging
lots to separate conditions of approval and for
additional tree protection requirements at:
1537 DRAKE AVENUE, LOTS 9& 10, zoned R-1.
(APN: 026-033-030).
� The City of Burlingame City Council announces the
following public hearing on Monday, May 3, 2004 at
7:00 P.M. in the City Hall Council Chambers located
at 501 Primrose Road, Burlingame, California.
Mailed: Ap�il 23, 2004
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