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HomeMy WebLinkAbout1537-1543 Drake Avenue - Resolution0 RECORDING REQUESTED BY: Planning Department City of Burlingame WHEN RECORDED MAIL T0: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 2018-C�04746 11:52 am 01/24l18 R1 Fee: NO FE.E Count of Pages 11 Recorded in C�fficial Rerords �;cunty of 5;��i Mat�o Mark Church AsGessor-County Clerk-Rer:order ► ill'� !:;�li'1 �II Ii � II�'' i� �� ��I�i I����''i' 11��► �'!�� �x�'' ���' �' ��� ��I� *� R C3 C) 0� S 1 U 4 9 4$* Resolution No. 015b - 2009 1543 DRAKE AVENUE APN 026-033-280 TITLE OF DOCUMENT I hereby certify this to be a full, true and correct copy of the document it purports to be, the original of which is on file in my office. Date: Januar 10, 2018 William Meeker, muni y Development Direct �CITY �\ � ;, IC� Bu��,����►i�E .� ,, , , ,a,. �� — � ti; O0 \A�RO,TED JUNE �~� 11� Corrected Copy 15b-2009 submits Resolution cover page with an original signature RECORDING REQUESTED BY: Planning Department City of Burlingame WHEN RECORDED MAIL T0: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 Resolution No. 015b -2009 1543 DRAKE AVENUE - APN: 026-033-280 TITLE OF DOCUMENT I hereby certify this to be a full, true and correct copy of the document it purports to be, the original of which is on file in my o�ce. Date: February 20, 2009 William Meeker, Community Development Director 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 familv dwellinqs under construction at 1543 Drake Avenue zoned R-1, Otto Miller, P.O. Box 121, Burlinpame, CA, 94011, property 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: 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, �-1� LS I��.4�; 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: 1543 DRAKE AVENUE - RESO 015b-2009 AYES: Auran, Brownrigg, Cauchi, Lindstrom, Terrones, Vistica, Yie NOES: NONE ABSENT: NONE ABSTAIN: NONE • 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.SA, 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 inspectior 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, �emos, t �e F�re Marshal's Se�tzmber 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 Sepiember 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 excee�ing 18,000 L�S 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 utiii�y �ir�es s �a�f be a��� aveu by the C�ty Arb�rist �uring the bui{�ing permit � eview 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 Approvai. 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 e�ccurtered during gradirg far th� di iVcJVay Oi i Lct 1 C a� �d m�st 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 cui to install ihe driveway on Lot 10 is significani, 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 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 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; instailation 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 15th of each month to maintain a$7,500 balance in this inspection account to insure that adequate funding is available to cover ihis on-going inspeciion iuncfion; and 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 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 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.