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Home My WebLink About1249 Cabrillo Avenue - Staff ReportITEM #5 CITY OF BURLINGAME CREEK ENCLOSURE PERMIT � . Address: 1249 Cabrillo Avenue Meeting Date: 3/ 10/97 Requests: Creek enclosure permit for a new deck in the rear yard of a single-family house over a portion of Easton Creek, zoned R-1. Applicant/Property Owner: 7ohn and Gail Diserens Architect: J.D. & Associates Lot Area: 10,000 SF General Plan: Low Density Residential Adjacent Development: Single Family Residential CEQA Status: Categorically exempt per Article 19, of new, small structures -(e) accessory (appurtenant) patios, swimming pools and fences. APN: 026-171-040 Zoning: R-1 Section 15303 - construction or conversion structures including garages, carports, Summary: The applicants, 7ohn and Gail Diserens, are requesting a creek enclosure permit to expand an existing deck over Easton Creek which is located in the rear yard of their house at 1249 Cabrillo Avenue, zoned R-1. The proposed deck expansion is 498 SF and will span a maxir�num width of 18'-0" across the creek channel. The creek below the proposed deck is contained in a concrete channel which was reinforcerl with new piers and retaining walls on each side in 7anuary 1997. The proposed deck will span the 18' distance between the new retaining walls on each side. The new deck would be placed at the existing top of bank for the channel. The existing and proposed deck have been designed independently of the retaining walls and may be removed if necessary. The distance from the creek bottom to the top of the deck measures 9'-0". A creek study has been submitted by the applicant (attached for your reference) which indicates that the existing channel has a capacity of 700 cubic feet per second (cfs), sufficient to carry the 1990 - 100 year flow of 600 cfs. There is an existing 608 SF redwood deck over the creek channel which was constructed with permits in 1993. The existing deck spans the creek above the top of the bank and provides access to the extreme rear of the property. The proposed redwood deck is a continuation of the existing deck and will provide more usable yard space for the applicant. There are existing trees on the property which will provide significant screening from the adjacent properties. A note on the plans date stamped 7anuary 21, 1997 indicates that there is to be "no removal, killing, or trimming of trees if at least 48" in circumference at a point 54" above grade. " All zoning code requirements have been met. Please note that the proposed deck is not considered new lot coverage since the deck and its support structure do not extend more than 30" above the existing adjacent grade. Staff Comments: The Park Director notes in his January 22, 1997 memo that all trees on the applicant's property are to be protected during construction per the requirements of CS 11.06.050 (attached). The City Engineer, Chief Building Ofiicial, and Fire Marshall also reviewed this application and had no comment. Study Questions: The Planning Commission reviewed this application at their study meeting on February 24, 1997 and had two questions regarding the application. The Commission asked if there is a record of debris in the creek caught under the existing deck at this location. The creek is a private creek, and the city does not keep records creek overflows or problems due to debris on private property. The Commission asked who is responsible for maintaining the creek flow once the deck is constructed over the creek. The homeowner is responsible for maintaining the section of creek on their property. The deck has been designed independently of the retaining walls on the property and may be removerl in order to clear debris if necessary. Criteria for reviewing the Creek Enclosure Permit: Criteria for reviewing the permit application shall include, but not be limited to, flow capacity, methods of keeping the structure clear of debris, economical life and ease of repair, horizontal alignment of the pipe or culvert, and length of the pipe or culvert (CS 18.24.020(c)). Planning Commission Action: The Planning Commission should hold a public hearing. Affirmative action should be taken by resolution. The reasons for any action should be clearly stated. At the public hearing the following conditions should be considered: 1. that the deck, as built, shall conform to the plans submitted to the Planning Department and date stamped 7anuary 21, 1997; 2 that the property owner shall keep the portion of the creek located at 1249 Cabrillo Avenue clear of debris and shall maintain the channel and protection structures on their property to insure free flow of the creek and to minimize erosion; 3. that the deck shall remain independent of the retaining walls as designed, and shall be constructed to be removable to clear debris if necessary; 4. that the conditions of the Park Director's memo of January 22, 1997 shall be met; and 5. that this project shall meet a11 the requirements of the California Building and Fire Codes, 1995 Edition, as amended by the City of Burlingame. Kristin 7ohnson Planner c: John and Gail Diserens applicant/owner Burlingame Planning Convnis.rion Mrnutes Februa�y 24, 1997 ITEMS FOR STUDY APPLICATION FOR A CREEK ENCLOSURE PERMIT AT 1249 CABRILLO AVENUE, ZONED R-1, (JD & ASSOCIATES, APPLICANT AND JOHN & GALE DISERENS, PROPERTY OWNERSI. Requests: is there any record of debris being caught under the deck on this site; who is responsible for maintaining the creek flow once this deck is in place. This item was set for action on March 10, 1997. AP TION FOR A HILLSIDE AREA CO STRUCTION PERMIT AND A VARIANCE FOR LO OVERAGE AT 2829 TIBURON �Y, ZONED R-1, (EBERHARD WOERZ, APPLICAN AND KRISTINA WOERZ DOOMAN�'F PERTY OWNER . Requests: woul the applicant type his response to the varianc findings, cannot read; plans do not indicate prese t surface under proposed patio cover, pleas indicate. This itecn was set for action on March 10, 7. APPLICATION POR A SP IAL PERMIT AND PARK G VARIANCE FOR AN ADDITION TO A CHURCH A 1500 EASTON DRIVE, ZO D R-1 AND R-3, (BOB DAVIDSON, APPLICANT AND A THUR D. GIMBEL. PRnPF.R (�WNF.RI Requests: have there been any complai ts from the neighbors during special even r church services; the applicants responses to the ariance findings need to be clarified, item b' not adequately addressed, item c indicates parki being added when actually loosing spaces, cla 'fy item.c�where church noted as a residential us , explain; will this classroom addition cause t Sunday'school use to be expanded, i.e., increase t number of children in Sunday school or the number o families that are members of the church, rovide new parking layout; how is the single famil house owned by the church on Balboa sed. This item was set for action on March 10, 19 APPLICATION F R A TAKE-OUT PERMIT FOR FO AVENUE, ZONED -1, SUBAREA B, (THE ROAST : KARP FAMILY TRU . PROPERTY OWNERSI_ SERVICE AT 1100 HOWARD ON LLC, APPLICANTS AND Requests: will the restaura have delivery service and/or a deli ry vehicle; customer and employee numbers seem low g' en that there are 20 seats, could app ' ant take a second look at the number; does the number employees include the owner; is thi usiness a part of a chain/franchise or is it a start up; if t proposed business is a part of a franch' please provide pictures of other sites, a printed menu; w will the food be served, cafeteria style, at tables by waiters, etc. in what kind of containers; ovide a layout of the floor plan of the restaurant showing kitchen, service area, seating area with tables, ete.; how will the business be viable with so few customers. This item was set for action on March 10, 1997. St� /t�� Cir O. �R��4�M� CITY OF BURI�INGAME "°-� APPLICATION TO TI� PLANNING COMIVIISSION �b` Type of Application:�CSpecial Permit Variance Other Project Address: � Z�-� ��R i C. L� �U �. (� 111� C1 �r �'°i � C/-� �G�"� �' G� Assessor's Parcel Number(s): � � (L' " / � / � d � L.� APPLICANT PROPERTY OWNER � � Name:s��{1�� c�l.I�l�� ,�{�.t-�1.� Name: � C�f7lL � G1�4-LG �iSC��i•CS Address: ��'�l G��.I (.L (� Address: r v�� G�1��1 C..� � City/State/Zip:�UR L � C��4 r�� -� City/State/Zip:� J jLL. � C r4 ��d l(� Phone (w) : �n�:� -- �- i r 7 fax: � 7 � � �� '� ARCHITECT/DESIGNER Name:�� p � � 5 �C- t'��' Address: � :Z � �'�L.0 /� � _ City/State/Zip:��Z(�l�G�' %�� C� ��Of(% Phone (w): �3 ��C) � �- (h): f�: .375 �-��f� PROJECT DESCRIPTION: (h): f�: �7�-8��t-� Please indicate with an asterisk * the contact person for this application. �ET� 1 !�l 1�'� ��'��- -- — AFFIDAVIT/SIGNATURE: I hereby certify under penalty of perjury that the information given herein is true and correc the best of y knowledge and belief. (�,�� , . �..�,r..,�f---��_, � �Z v Applicant's Signature Date I know about the proposed application and hereby authorize the above applicant to submit this application to the Plannin Commission. , r� ' - � C ,� -� ��. q operty Owner's Signature Date ----------------------------------------------FOR OFFICE USE ONLY ----------------------------------------- Date Filed: Fee: Phone (w):_. Planning Commission: Study Date: Action Date: � c�Tr �r �� BURLINGAME � ,h�q �. l �:IT1' ��)� =U�LIf��(=�H1\�IE �F'E��I,�L F''Er,I�IIT HF'F'LICHTI�i)f`JS The Planning Commission is required by law to make findings as defined by the City's ordinance (Code Section 25.52.020). Your answers to the following questions will assist the Planning Commission in making the decision as to whether the findings can be made for your request. Please type or write neatly in ink. Refer to the back of this form for assistance with these questions. 1. Exp/ain why the proposed use at the proposed /ocation wi// not be detrimenta/ o� injurious to property or improvements in the vicinity or to pub/ic hea/th, safety, genera/ we/fare, or convenience. �� 1�T��"1�� .��{� � .. 2. How wi// the proposed use be /ocated and conducted in accordance with the Bur/ingame Genera/ P/an and Zoning OrdinanceT , S� ��`�� s�� 3. How wi// the proposed project be compatib/e with the aesthetics, mass, bu/k and character of the existing and potentia/ uses on adjoining properties in the genera/ vicinityT �j� /��i�C'r�� 5��%r , 2�82 sp.frm 1. Exp/ain why the proposed use at the proposed /ocation wi// not be detrimenta/ or injurious 'to property or improvements in the vicinity or to pub/ic hea/th, safety, genera/ we/fare, oi convenience. � How will the proposed structure or use within the structure affect neighborinp properties or structures on thosE properties7 If neighboring properties will not be affected, state why. Think about traffic, noise, lighting, paving, landscaping sunlight/shade, views from neighboring properties, ease of maintenance. Why will the structure or use within the structure not affect the public's health, safety or peneral welfare7 Public hea/th includes such thin�s as sanitation (flarba�e), air quality, discharfles into sewer and stormwater systems, water supply safety, and things which have the potential to affect public health (i.e., underground storage tanks, stora�e of chemicals, situations which encourape the spread of rodents, insects or communicable diseases). Public safetv. How will the structure or use within the structure affect police or fi�e protection7 wll alarm systems or sprinklers be installedt Could the structure or use within the structure create a nuisance or need fo� police services (i.e., noise, unruly �atherings, loitering, traffic) or fire services (i.e., storage or use flammable or hazardous materials, or potentially dangerous activities like welding, woodwork, engine removal). General welfare is a catch-all phrase meaning community good. Is the proposal consistent with the city's policy anc goals for conservation and development7 Is there a social benefit7 �onvenience. How would the proposed structure or use affect public convenience (such as access to or parking for this site or adjacent sites)? Is the proposal accessible to particular seflments of the public such as the elderly o� handicapped? 2. How wi// the proposed use be /ocated and conducted in accordance with the Bur/ingame Genera, P/an and Zoning OrdinanceT Ask the Plannin� Department for the �eneral plan designation and zonin� district for the proposed project site. Alsc ask for an explanation of each. Once you have this information, you can compare your proposal with the statec designated use and zoning, then explain why this proposal would "fit" accordingly. 3. How wi// the proposed project be compatib/e with the aesthetics, mass, bu/k and character of thc existing neighborhood and potentia/ uses on adjoining properties in the genera/ vicinityT How does the proposed structure or use compare aesthetically with existing neighborhood? If it does not affec� aesthetics, state why. If chan�es to the structure are proposed, was the addition desi�ned to match existin� architecture, pattern of development on adjacent properties in the neighborhood7 If a use will affect the way t neighborhood or area looks, such as a long term airport parking lot, compare your proposal to other uses in the are� and explain why it "fits". How does the proposed st�ucture compare to neighboring structures in terms of mass or bulk? If there is no changE to structure, say so. If a new structure is proposed, compare its size, appearance, orientation etc. with othe� structures in the neighborhood or area. How will the structure or use within the structure change the character of the neighborhood? Think of character a: the image o� tone established by size, density of development and general pattern of land use. �II there be mor� traffic or less parking available resulting from this usel If you don't feel the characte� of the neighborhood will change. state why. How will the proposed project be compatible with existin� and potential uses in the peneral vicinity? Compare you project with existinfl uses. State why you feel your project is consistent with other uses in the vicinity, and/or stat� why your project would be consistent with potential uses in the vicinity. � siez ,P.r�m RESPONSE TO CITY OF BURLINGAME SPECIAL PERMIT APPLICATION QUESTIONARE The proposed deck is located at the rear of our property and is very heavily screened by trees and shrubbery from all adjoining neighbors. The proposed deck is eight feet above the existing concrete lined creek bed. A creek flow study performed by Kavanaugh Engineering shows that the e�usting creek would adequately handle a projected 100-year flow level. 2. This is an lot designated for single family residences. Outdoor recreational space is an important element of any residential use. The proposed deck over a poriion of the existing creek would add needed outdoor space for the enjoyment of our property by ourselves and friends. The proposed project will not add any mass or bulk to the existing neighborhood and cannot be seen by any adjoining neighbor. The retaining walls which were built in January 1997 were needed because the existing retaining wall (redwood posts and boards) had rotted away and collapsed during the Dec-Jan storm. � � KAVANAGH ENGINEERING 708 CAROLAN AVE. - BURLINGAME - CA 94010 (415) 579-1944 FAX: (415) 579-1960 CREEK STUDY for John & Gail Diserens 1249 Cabrillo Ave. Burlingame, Ca. Reference Plan Sht T-1, "Topographic Map & Boundary Survey" By Kavanagh Engineering, dated �-/Z - 93 attached. ` , �b� ,% sy: � � ' � Char es L -RCE_20858 . � . ` ` � �� ,,. :x. ;,� ,, ; , ..._..: . .. �.: : >'k . . , � ., , Da t e �� Z•- 9',:3 ., ::, .: � ., �;.-�:::. 9264 BR DISERENS - � �� CIVIL DESIGN� SURVEYING, UTILITIES QROf ESS/Oy tik•Q�O �S `� KA�'q�Fti `' Q'� �-9 2 a v ' � m No. C20858 = � � Exp.9-30-93` � `r�'ql�c 0�1 V 11.`Eo��Q' CA� - % � a �' � ��L��- �. � _ , , �\ ., _ : . r �/ -- � � �i _ �-�� - l��_.�j --- --- --- :�... _ . �,,_... .... G. • ' ' - .. 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'7' � i �� rq : �• _6i.38_.._ � A�F. hti �� .L ,; �A ... �. `".`_— ' A _ ��• . .�. __.,,,,�. �,U� .....- •-....., �� - V f _,,d°o-\ .f � , � . \ ` ,�� i. , ^` ' / - • w / �— l Z�9-3 c�lc E 2 � �KAVANAGH ENGINEERING� � 332 � � I 9- .�4 � ��/��-�'� \ RL NGAME, CA�94010-275�579-1844 � Z� �^ \ S�(J D 1 3 2 ^�� e ' l t 3� � � �.✓S 4=�a 60 �-Fs , � - __ _ �✓5 � - �4-a ��'s o � q � � � �i 5 � � � � � � d- �� S!`�'E / c� v � � _ _ � �E) � ' 4.5 � ttl��l T''`� `° , . Ipeck � K 6.a,�r 4t.3 � .5- � �ne. _ , �, _ cvLvlER�l' _ � �'cJ! v�!'`T� 40 _� 3 — . -- — •� � i �_ , ,��' � 7� I I• �.S ' . G'G'a -�_ �' 3 � . a� . � ,��j. �� b Z � � ' ��-o , _._.�.._ —t- - - 30 � --�--•--- ---- � D r ___...� � -_.__ 4 � S �. � �'I`c�p�! L� , � ,,,�,ao' v �'�� a � �I� R-PP+'�x. �'lax. �i° - ' �s 4=��0 -- o�y 7.5"� v✓ 5urch, a7" ��I �.� ; �.d o� /(o � �� , I � r— x(o:��c tc�t�. 43.s �` � � . 2.x �o � z' EL �-L.fA � � I 1��,SPAG�R �j 1 I �x� ,, --•4xla. - � _ — � � �� N � � ;a-xq-xs.s' L J � `" TW .40.3 •' 40 � _: . . .• _ 12" SQ. x5" HIGH — ',` • - �. � 2x12 R.DW � /�-��1'oX , (�fs � (wou�N) • ;� �, Q = 4¢0 _ , � •!. � ,,y�GI' . � � i. KAVANAGH ENGINEERING • � ' STf' � c�u/'a f a ', RECOMMENDS THIS � �y � � : , ; �` • ' . r -, : . . S e��l 4� �7d� FOOTING BE DEEPENED,, � � 1 � � , SEE PLAN � ` � n� w �• Loo�i,�� lJp�7'ea✓�1, . _ .. �y �C �t �f�'.,. .. .� .t 3 0 . _ -- � '� � .�L` _. _ _._. , • , .. :....._ .. ... _ / -_ /_Z_ .;: g-3 �.L. . . : . , ' KAVANAGH ENGINEERING 3, 3 : 708 CAROLAN AVE. PH. 415-579-1944: _,. : BURUNCiAME, CA 94010-2711 , � 9264DISE.CRK 1. PURPOSE. To determine the 100-year.flow level in the creek and the effects, if any, or the proposed addition to the house per plans by JD Assoc. and any future extension of the existing deck over the creek. 2. 100-YEAR FLOW 1954. See page 2. This is from the Adamson & Jenks �rainage study in 1954. The 25-year flow is about 350 cfs which multiplied by 1.25 gives a 100-year flow of 440 cfs. 3. 100-YEAR FLOW 1990. The had a drainage study�done in 1990 which shows 100-year flows of about 1.5 times the 1954 flows. For this area this means about 1.5 x 440 = 660 cfs. 4. SUMMARY. The existing channel at the site (Sta 1+ 30) has a capacity of 700 cubic feet per second (cfs), sufficient to carry the 1990 100-year flow of 660 cfs. The 5` diameter concrete culvert-�under Cabrillo Ave. has a varying capacity depending on the amount of buildup against its upper headwall (surcharge). The maximum buildup would be to the top of the headwall at EL 41.3. From there the backwater ��ould be relatively flat and would be expected to clear the bottom of the existing deck at the site by about 1.0'. If the existing deck is extended in a similar fashion, the expected clearance would also be about 1.0'. Calculations follow. 1 �-12 �43 c-L� � KAVANAGH ENGINEERING . ' � 708 CAROLAN AVE. PH. 415-579-1944 � � BURLINCiAME, CA 94010.2711 � . 4'" � _ ... _ _ �-7� s �c. , , �. � 3 0 � _ �-= � �3 5/L � � ` ,q _ 7, �- �c 4.8 _ 3 � _ .: ►�P- z.. �g�, a' -�-- 7. �- � 7. / � � 7 , .� ,c ¢�, 8 . = .�,6 �/L c� ,�.—� �c Z.(�3x o.o/� x 3� - ^ 0•�7� � �� = 19- �s � v� � � �`' 3 � Z,I 7 0� �.�'s .27` c � � `�'► L.� / a� �`�7 . -- v � . � %l.Q W ��, �3 z-� 2- , Z� �8 r / � I 3 2= �:� L � ��a w/S S v�b � I'/`�'i c� , r � �� ,g-T ; � �" sirni/�r. 17/ �'j ��. � G�ll'�e Cc�( f/�I`� 0?y��!'dv�/nCS /15 % ' � . sy 7. F�7.. ,s-"S6 �-rr�. �.�1'ver�,�o7�er� �� bri llo .:�ve. � � % _ R - 't�r� - = .. 1 9�. C� P� =- w� � .�' � � l. ? S � ��? �,rP = �� D � /�-;.7 � � o.a/s s - �- � � _ �� S x/,L.S"�x o.01 ��Lx /9�.�� = Z. ZS � a.o I S- � v _ 228 ` ��.�n �Ps / 9-. � ��- i 2-� 3 �- �K: .�. . � KAVANAGH-ENGINEERING- � _ - --- • 706 CAROLAN AVE. PH. 415579-19441 ' BURLINGAME, CA 94010-2711 � ,- Q,O�$� C�JaW ��G��/C��3r%� //�/G�.'/ /g.S� �,�i� � �: o. 014 !-� v e.*� r%� /S �' ed c h c a. fsJa-%"�r ��r�a �e a`� 7� �a, 3 � _ .__._. - 3 . .�" � • .' .��-�' s% � e ��s Z �'� 7, �o ��'; .. �� '� -� Z 2.8 = 3 2. Z �-�5 � `7�h i.s a 6 a�•�- `ia �� s Q L�. o� 3s� �'s , �, %�. a. �C , S cr i' c I7�? r 9�. �� r� �/o c c� % v E�' (, l S � , � �� f . � C`TP a� �i e��wa//'� a n �l a Z� �cl ('a f� /!j / / �Z � � 4�a Wn �i�c�i ✓�'1 S /' ��' S - , $$= -- �- � ' Q � � X z Z a - � .�-� ti � �-� � �-� �'s -- �� _ . .9 , `� �`�'_ --. � � O c�.s �-`� C� .� r-i �i�� / 5 — � — 8�� d 2 L8 �' ` � «%v �r`�`_ � ° �i �'c� j� ��r .�d = G � � 8 _7." � .�G = �. � Tl�J � do c.� n s�!'��t�? �s Q 2.rI c�� n�-�/ d7�3s � S/a/ � �`� � p o c� ( Z (O ,. I --- � Z.� .g-3 �� f� � KAVANAGH ENGINEERING '� ''-708 CAROLAN AVE. PH. 415-579-1944 r- � BURLINGAME, CA 94010.2711 �- 3, � 11.06.010 Chapter 11.06 URBAN REFORESTATION AND TREE PROTECTION 11.06.010 Purpose and intent. 11.06.020 Definit;ons. 11.06.030 Nomination and listing of protected trees. ____ - -- - . . _ 11.06.040 Emergencies. 11.06.050 Prohibitions and protections. 11.06.060 Notices and permits required for removal or work significantly affecting protected trees. 11.06.070 Decision by direclor. 11.06.080 Appeal. 11.06.090 Tree requirement� and reforestation. 11.06.100 Penaltv. 11.06.010 Purpose and intent. The City of Burlingame is endowed and forested with a variety of healthy and valuable trees which must be protected and preserved. The presen�ation of these trees is essential to the_health, welfare and quality of life of the citizens of the city because these trees presetve the scenic beauty of the city, maintain ecological balance, prevent erosion of top soil, counteract air pollution and oxy�enate the air, absorb noise, maintain climatic and tnicroclimatic balance, help block wind and provide shade and color. For these same reasons, the requirement of at least one tree, ezclusive of city-owned trees, on every residen- tial lot in the city should be part of the permit process for any construction or remodeling. It is the intent of this chapter to establish regula- tions for the removal of trees and the installation of trees in new construction and development consistent with these purposes and the reasonable economic enjoyment of private property. (Ord. 1057 § 1 (part); December 15, 1975, Ord. 1470 § 1; Septem- ber 9, 1992). 11.06.020 Detinitions. Terms used in this chapter shall be defined as follows: (a) "Protected tree" is: (1) Any tree with a circumference of 48" (forty-eight inches) [a diameter of 15.25' (fifteen and one quarter inches)] or more when measured 54" (fifty-four inches) above natural grade; (2) A tree so designated by the City Council based upon findings that it is unique and of impor- tance to the public due to its unusual appearance, location, historical significance or other factor; or (3) A stand of trees in which the director h�s determined each tree is dependent upon the others for survival. (b) "Removal" shall mean cutting to the ground, extraction, killing by spraying, girdling, or any other means. (c) 'Pruaing" is the removal of more than one third of the, crown or ezisting foliage of ,the tree or more than one third of the root system. Pruning without a permit or not in conformance with the provisions of a permit shall be deemed a removal. (d) 'Director" shall meaa the Director of Parks of the City of Burlingame. "Department" shall mean the Park Department of the City of Burlingame. 'Commission' shall mean the Beautification Commis- sion of the City of Burlingame. (e) "Development or redevelopment' shall mean any work upon any property in the City of Burlingame which requires a subdivision, variance, use permit, building permit or other approval or which involves excavation, landseaping or construc- tion in the vicinity of a protected tree. (Ord. 1057 § 1(part); December 15, 1975, Ord. 1470 § 1; Sep- tember 9, 1992, Ord. 1492 § 1; September 20, 1993). 11.06.030 Nomination and listing of protected trees. Nomination for protected tree status under Section 11.06.020 (a)(2) or (a)(3) may be made by any citizen. The commission shall review such nominations and present it's recommendations to the council for designation. A listing of trees so designated, including the specific locations thereof, shall be kept by the depart- ment and shall be available for distribution to inter- ested citizens. "fhe Council may remove a designated tree from the list upon its own motion or upon request. Re- quests for such action may originate in the same manner as nominations for protected tree status. (Ord. 1057 § 1(part); Dacember 15, 1975, Ord. 1470 § 1; September 9, 1992). 11.06.040 Emergencies. In the event that an emergency condition uises whereby immediate action is necessary because of disease, or danger to life or property, a protected tree may be removed or altered by order of the director or, if he is unavailable, a responsible member of the police, fire, park or public works department. In such event, a report shall be made to the commission describing the conditions and necessity of such an CITY OF BURLINGAME 184 J�v�tY 1994 11.06.040 order. (Ord. 1057 § 1(part); December l5, 1975, Ord. 1470 § 1; September 9, 1992). 11.06.050 Prohibitioru and protectioru. (a) No protected tree shall be removed from any parcel without a permit except as provided in Section 11.06.040. (b) The following conditions shall be observed during construction or development of property: (1) Protected trees are to be protected by a fence which is to be maintainecl at all times. (2) Protected trees that have been damaged or destroyed by construction shall be. replaced or the city shall be reimbursed, as provided in Section 11.06.090. (3) Chemicals or other construction material shall not be stored within the drip line of protected trees. (4) Drains shall be pro��ided as required by the director whenever soil fill is placed around protected trees. (5) Sions, wires or similar devices shall not be attached to protected trees. (Ord. 1057 § 1(part); December 15, 1975, Ord. 1470 § l; September 9, 1992). 11.06.060 Notices and permits required for removal or work significantly afFect- ing protected trees. (a) Remova] or pruning. Owners or their authorized representative, of protected trees on public or pnvate property shall obtain a permit to remove or prune a protected tree. The application shall be on a form furnished by the department and shall state, among other things, the number and location of the trees to be removed or pruned by types and the reason for removal or pruning of each. The applica- tion shall also include a photograph with correct botanical identification of the subject tree or trees. An authorized representative of the department shall make an inspection of the tree and shall file a writte❑ report and his recoaunendations to t6e director. (b) Educational Conference Before Work Com- mences. After receipt of an appiication the director may require an educational conference to inform the owner of potential alteinatives to the proposed removal or pruaing. (c) Removal or Pruning of Protected Trees on Undeveloped or Redeveloped Property. When application for development or redevelopment of a property containing a protectecl tree is filed in any office or department of the city, the person making such application shall file a site plan showing the location of buildings or structures or of proposed site � disturbances, and the location of all trees. 1"he director shall deternune if all protected trees are shown. An authorized representative of the depart- ment shall make an inspection and shall file a report of his findings and recommendations to the director. Subject to the replacement provisions of Section 11.06.090, the director shall approve the removal of protected trees within the footprint of approved construction in the R-1 zone, which constcuction does not require a variance or special permit under Chap- ter 25 of this code. The aotice and appeal provisions of Section 11.06.070 and 11.06.080 shall not apply to such approvals. (d) In reviewing applications, the director shal] give priority to those based on hazard or danger of disease. He may refer any application to another department, committee, board or commission of the city for a report and recommendation, and may require the applicant to provide an arborist's report. In reviewing each application 6e shal] determine: (1) "The condition of the tree or trees witb respect to disease, danger of falling, prozimity to existing or proposed structures, yards, driveways and other trees and interference with public utility servic- es: (2) The necessity to remove the tree or trees in order to construct any proposed improvements to allow economic enjoyment of the property; (3) The topography of the land and the effect of the removal of the tree or trees on erosion, soil retention and diversion or increased flow of surface waters; (4) T'he number of trees ezisting in the neigh- borhood on improved property and the effect the removal would have on the established standard of the area and property value. Neighborhood is de- fined as the area within a 300 foot radius of the property containing the tree or trees in question. (5) The number of trees the particular parcel can adequately support according to good arboricultunl practices. (6) T'he effect tree removal would have on wind protection, noise and privacy; (7) The oconomic consequences and obligations of requiring a tree to remain. (Ord. 1057 § 1(part); December 15, 1975, Ord. 1470 § 1; September 9, 1992, Ord. 1492 § 2; September 20, 1993). 11.46.070 Decision by director. A decision shall be rendered by the Diroctor for each application. If aa application is approved, it may include replacement conditions in accordance with Section 11.06.090. The director shall give written notification of the decision to the applicant Jnlvu,�tY 1994 184-1 CIi'Y OF BURLINGAME and abutting property ow�ners and include a copy of Section 11.06.080. (Ord. 1057 § 1(part); December 15, 1975, Ord. 1470 § 1; Septernber 9, 1992). 11.06.080 Appe:il. Any person may appeal the decision ot the director to the comrnission by filing un nPP�'� �' writing with the director no later d�an five p.m. of the tenth calendar ciay after the decision. The direc- tor shall set the mnttec for review by the couimissio❑ at its nezt regular meeting and provide notice by mail of the comnussion hearing to the appellant and applicant at least five clays prior lhereto. The determinution of the commission shall become final and coaclusive upon d�e adjournment of the city council at its next succeeciing regular meeting if no appeal is fileci. Destruction, removal or other work �i� n y�iote,:ted tree s}ia:: not cemmenc? until after the adjoumment of the city council meeting or, if any appeal is filecl, until the decision of tl�e city council. During tl�e period between the action of tfie cominissio❑ and adjournrnent of the next succeerling regular meeting of thz council, any person may appeal such action to the city council. Such appeal shall be in writing and shall be filed wit6 el�e city clerk. During the same period the council, on its own motion, may suspenc! the order of tl�e comnus- sion for the purpose of rr� iewing the action of the commission. A permit shall be valid for six monttis after lhe date it Uecomes final. (Ord. 1470 § 1; September 9, 1992). 11.OG.090 Tree requirements und reCorest�z- tion. (a) Wlienever the developcnent or reclevelopment of a single family home, duplex, apartment house or condominium results in any increase in lot coverage or habitaUle space (as de�ined by Ci�apter 25 of tliis code) tlie property shall be required to meet the following requirements: (1) One tree for every 1000 syuare feet of lot coverage or habitable space for single family homes ,or duplezes; (2) One tree for every 2000 square feet of lut tor apartment house or condominiums. Lot coverage and habitable space s6a11 include both existing and new construction. The director shall determine the number of ezisting trees which are of an acceptable size, species and location to be counle;cf toward this requirement. My additional trecs which are rc<luired shull meet tlie standards for replacement trees set forth in Section (b) hereof. (b) Permits for protected tree removal shall include rcplanting conditions with lhe following ]nriu,vtY 1994 I85 11.06.090 guidelines. . (1) Replacement shall be 24', 30", or 36' box dependiag upon t6e type of tree. (2) Any tree removed without u valid permit sliall be replaced by two 24', 30', or 36' boa size trees for each lree so removecl. (3) Replacement of a tree that dies of natural causes n�y be waived iF a sufficient number of trees exists on the property to meet ell other requiremenls of this section. (4) Size of the replacement trees s6all be deter- mined by the director and shall be based on the specie, location and value of the tree removed. (5) lf replacement trees, as designatecl in subsec- tion (b), (1) nnd (2) above, cannot be plantec! on ti�e property, payment of equal value shall be made w t�ie city. Such payments shall be depositecJ in the tree planting fund to be drawn upon for public tree plantinb. (Ord. 1470 § 1; September 9, 1992, Ord. 1492 § 3; September 20, 1993). 11.OG.100 Penalty. in addition to any other penalties allowed by law, any perso❑ removing or pruning a tree in violation of this ordinaace is liable to treble ciameges es set forth in Section 733 of the Code of Civil Procedure of the State of California. Damages for this purpose shall be replacement value of the tree as determined by the International Society of Arboriculture Standards. (Ord. 1470 § 1; September 9, 1992). Cmr or• Bviu.wcnr�iE ROUTING FORM DATE: I 2 Z � 7 TO: CITY ENGINEER CHIEF BUILDING INSPECTOR � FIRE MARSHAL PARKS DIRECTOR CITY ATTORNEY FROM: CITY PLANNER/PLANNER SUBJECT: REQUEST FOR �reel� �uc�o� ►�/Yf'�(�� AT l�� l � h��llb SCHEDULED PLANNING COMMISSION ACTION MEETING: STAFF REVIEW BY MEETING ON MONDAY: / a THANKS, Jane/Sheri/Maureen/Ruben �' Date of Comments � �u�.�.�- . ROUTING FORM DATE: I 2 L � 7 TO: � CITY ENGINEER CHIEF BUILDING INSPECTOR FIRE MARSHAL PARKS DIRECTOR CITY ATTORNEY FROM: CITY PLANNER/PLANNER SUBJECT: REQUEST FOR �ree� �uclo�ur�.� ►�/YfZf,L� AT 1��--� h�-��llb SCHEDULED PLANNING COMMISSION ACTION MEETING: STAFF REVIEW BY MEETING ON MONDAY: / a THANKS, Jane/Sheri/Maureen/Ruben ��Z? �'�� Date of Comments • V ;:.d� �-i�A i.=k'� y.'I., �_..Ct L `i `I ..., � ^ / / ..�1,/'�+�'i.ti' Lo"". � �� //r✓' ,�.�-,.� �� ., . ROUTING FORM DATE: I 2 L � 7 TO: CITY ENGINEER � CHIEF BUILDING INSPECTOR FIRE MARSHAL PARKS DIRECTOR CITY ATTORNEY FROM: CITY PLANNER/PLANNER SUBJECT: REQUEST FOR �%�lC �GGtC�O��'Lf/I.2 ��/Y!'l�(,l.�i aT _ l� �f °l— �R h�i�ll b SCHEDULED PLANNING COMMISSION ACTION MEETING: STAFF REVIEW BY MEETING ON MONDAY: / a THANKS, Jane/Sheri/Maureen/Ruben G/ � ,� �ate of Comments f� U G p•„` +M, ti�C >` P� , � �✓ � � CITY OF BURLINGAME BURLINGAME PLANNING DEPARTMENT � 501 PRIMROSE ROAD BURLINGAME, CA 94010 TEL: (415) 696-7250 124�� G,�tt3RIL[,C} AVENt1E APN:02G-171-040 Application for a crcck enclosure pernut at 1�49 Cabrilla Avenue, zoned R-1. T'he Cit,y of Burlingame Planning Commission announces the followin� public hettrin� on �Vlcmday, arch l0, 1997 at 7:30 P.M. in the City Iiall Council Chan�bers located at 501 Primrose Road, Burlingame, California. Mailul February 28, 1997 (Please refer to other side) PUBLIC HEARING NOTICE CITY OF B URLINGAME _ __ A copy of the application and plans for this project may be reviewed prior to the meeting at fhe Planning Department at 501 Primrose Road, Burlingame, Califbrnia. If you challenge tl�e subject application(s) in court, you may,be limited to raising only those issues you oz 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 notie�. �-For additional information,'�pl,ease call (415) 696-7250. Ttiarik you. Margaret Monroe City Planner PUBLIC HEqRING NOTICE (Please refer to other sideJ �Ilt _ . ;; . � �,,,, . .. , ,. � ,_ � . � . �� . c � � ,� ,. , M � s> , ,. �� , ��,k . , � .. � p, ' � , 7.: � F. BA�so� � �, �� A�re � ,�,� � � ,;; , �, � �� . ,., , , M ue � h � ,� , � ; a � . r. 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T RESOLUTION APPROVING CATEGORICAL EXEMPTION AND CREEK ENCLOSURE PERMIT RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for a Creek Enclosure Permit for a new deck in the rear yard of a single-family house over a nortion of Easton Creek, at 1249 Cabrillo Avenue zoned R-1 APN 026-171-040• John and Gail Diserens,�roperty owners• WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on March 10, 1997, 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 a categorical exemption per Article 19, Section: 15303 - construction or conversion of new, small structures -(e) accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences is hereby approved. 2. Said Creek Enclosure Permit is approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Creek Enclosure Permit aze 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, Charles Mink, 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 lOth day of March, 1997, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: SECRETARY EXHIBIT "A" Conditions of approval categorical exemption and Creek Enclosure Permit 1249 CABRILLO AVENUE effective MARCH 19, 1997 1. that the deck, as built, shall conform to the plans submitted to the Planning Department and date stamped January 21, 1997; 2 that the property owner shall keep the portion of the creek located at 1249 Cabrillo Avenue clear of debris and shall maintain the channel and protection structures on their property to insure free flow of the creek and to minimize erosion; 3. that the deck shall remain independent of the retaining walls as designed, and shall be constructed to be removable to clear debris if necessary; 4. that the conditions of the Park Director's memo of January 22, 1997 shall be met; and 5. that this project shall meet all the requirements of the California Building and Fire Codes, 1995 Edition, as amended by the City of Burlingame.