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Home My WebLink About1249 Cabrillo Avenue - Staff ReportCity of Burlingame Creek Enclosure Permit Item # Regular Action Address: 1249 Cabrillo Avenue Meeting Date: OS/29/07 Request: Creek Enclosure Permit for replacement of an existing deck over a portion of Easton Creek in the rear yard of a single-family dwelling, zoned R-1. Applicant/Property Owner: John and Gail Diserens APN: 026-171-040 Designer: J.D. & Associates Lot Area: 10,000 SF General Plan: Low Density Residential Zoning: R-1 CEQA Status: Categorically exempt per Article 19, Section 15303 - construction or conversion of new, small structures -(e) accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. May 14, 2007 Planning Commission Meeting: At the Planning Commission consent calendar meeting on May 14, 2007, the Commission reviewed a letter from a neighbor who was concerned about work already being done on the subj ect property which is affecting an Oak tree on the neighbors properiy. After review of the letter, the Commission moved to continue the item to the next Planning Commission meeting (see May 14, 2007, P.C. minutes). On May 14, 2007, prior to the Planning Commission Meeting, the project designer submitted a revised engineering study, and cross section diagram, that indicates that the proposed concrete deck will be placed 2.4 feet higher then the existing redwood deck and will be well clear of the 100 year water surface (see letter from Kavanagh and cross section drawing, date stamped May 14, 2007). On May 16, 2007, both the City Arborist and the Senior Building Inspector visited the subject property to analyze the work being done without the issuance of a permit, as noted in the neighbor's correspondence. After both inspections, the City Arborist required that the owner of the subject property have an arborist report conducted to make sure that the retaining wall that is under construction is not compromising the integrity of the tree and the Senior Building Inspector issued a stop work order on the site. On May 18, 2007, the City Arborist received an Arborist Report from Mayne Tree Expert Company stating that they did not see any impact to the support of the Live Oak, that there has been no root cutting and that the exposed root on site is not an Oak root. History: In 1993 the property owner was issued permits to build a 608 SF redwood deck over the existing creek channel. This deck spans the creek above the top of the bank and provides access to the rear of the property. On March 10, 1997, the Planning Commission approved an application for a creek enclosure permit for a 498 SF redwood deck expansion to an existing deck in the rear yard of the property over Easton Creek (March 10, 1997 Planning Commission Minutes). The construction of the deck was completed in 1997 and today the entire portion of Easton Creek that is channeled and runs through the subject property is covered by deck area. Summary: The property owners are requesting a creek enclosure permit to replace an existing deck over Easton Creek which is located in the rear yard of their property at 1249 Cabrillo Avenue, zoned R-1. Creek Enclosure Permit 1249 Cabrillo Avenue Portions of the existing redwood deck area have become rotted, so the property owners would like to rebuild a large portion of this deck area with a concrete slab, which is a more permanent material. No additional areas of the creek will be covered other than those areas that are already covered by the existing deck area. The creek below the existing deck area is contained in a concrete channel which was reinforced with new piers and retaining walls on each side in January 1997. The proposed concrete deck will span the distance between the existing retaining walls on each side and will be supported by existing steel beams, new steel beams and a new small retaining wall across the creek from the existing house. The proposed concrete deck will be placed above the existing redwood deck that is placed at the top of bank for the channel. The existing and proposed deck areas have been designed independently of the retaining walls and will be constructed to be removed if necessary. The distance from the creek bottom to the top of the deck measures 8'-5". A creek study has been submitted by the applicant and is attached for your reference. On March 29, 2007, the applicant submitted a copy of a letter from the Department of Fish and Game that indicates that they have received the property owners application notification of streambed alteration, that the notification was deemed complete and that if the Department does not issue the property owner a draft agreement or inform them that an agreement is not required by May 4, 2007, then the project may be completed without an agreement. The Department of Fish and Game requested a copy of the City's environmental determination and a notice of exemption indicating that the project is exempt from CEQA was faxed to the Department of Fish and Game on April 18, 2007. All zoning code requirements have been met. Please note that the proposed replacement 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. The applicant is requesting the following: ■ Creek Enclosure Permit for replacement of an existing deck over a portion of Easton Creek (C.S. 18.24.010). Staff Comments: Staff would note that the City Engineer has reviewed all Department of Fish and Game documents and has informed the Planning Department that the project may be brought to the Planning Commission for review and approval. See attached. Study Questions: At the Planning Commission study meeting on April 23, 2007, the Commission had several questions for the applicant and staff regarding the application, and moved to place this item on the consent calendar when all Commission questions and comments have been addressed and there is space on the agenda. The applicant submitted revised plans and a response letter to the Planning Commission on April 30, 2007. The following is a list of comments made by the Commission and responses by the applicant and by staff: 1. A condition should be added to address possible Department of Fish and Game comments. • Planning staff would note that Condition no. 2 was added to require compliance with any Department of Fish and Game comments. 2. Where will the planter and deck drain, at what location will the water enter the creek? • The designer noted that due to direction given by the Public Works Department, the deck and planters will drain into the creek and do not need to be pumped to the street. He also noted that any drain pipes which direct water to the creek shall be approved by the Public Works Department to prevent backflow (see response letter from designer dated Apri130, 2007). Staff Creek Enclosure Permit 1249 Cabrillo Avenue would note that an e-mail, dated Apri126, 2007, from Public Works Engineering staff confirms that the deck can drain into the creek is included in the staff report. 3. YYho will restore and maintain the flow in the creek and the integrity of the wall? Engineering staff has indicated that it is the responsibility of the property owner to maintain the flow in the creek and the integrity of the wall. 4. Is there a deed restriction so that future owners of the property know what they are responsible for? Staff would note that the resolution containing the conditions of approval associated with any project approved by the Planning Commission are recorded with the county through the Assessors Office. These conditions would show up on a title report obtained by future owners. S. Is review by the San Francisco Regional Water Quality Control Board involved; need to know who is responsible for water quality in this reach of creek. Public Works Engineering staff would note that no permit is required from the Regional Water Quality Control Board for this proj ect because it is outside of the 100 year floodplain. They also note that any proj ect-related storm water regulations will be inspected and handled by the City's NPDES Coordinator. If there are any issues or complaints in the future, the City will forward them to the Regional Water Quality Control Board and the California Department of Fish and Game. 6. What CEQA compliance is required for this project? Staff would note that the proj ect is exempt from CEQA because there is no construction proposed within the 100 year floodplain. 7. Will the project be inspected during construction? Will that include NPDES compliance? Department of Fish and Game inspection? City inspection? Staff would note that inspection of the proj ect will occur during the building permit process by both Building Department inspectors, Public Works Engineering staff and by the NPDES Coordinator. 8. Need more detail on the submittal, including location of the construction equipment and information about the patio garden, including groundcover, amount of hard and soft scape, finished landscaping? The designer noted that a drill rig will be used for drilled piers and will be on site only temporarily for the drilling process. A concrete truck and pump will be used to deliver concrete to the building area by use of a hose and will be located on the street. He also provided a landscape plan (date stamped Apri130, 2007) that clearly all hardscape and softscape proposed on the property, along with a breakdown of the different groundcover materials (response letter from applicant and landscape plan, date stamped April 30, 2007). 9. Need a revised engineering study, Kavanagh 's work indicates that the new slab will be 4 feet above the existing desk, that is not true; want to be sure capacity and flow are not restricted by new concrete coverang. Creek Enclosure Permit 1249 Cabrillo Avenue The designer noted that the spot elevation of the existing wood deck (43.91) was taken from Kavanagh's engineering drawings prepared for the project. He also noted that the new concrete deck will be 1.99 feet high (45.90 feet) and that Kavanagh Engineering will provide new calculations before the May 14, 2007 Planning Commission meeting (response letter from applicant and revised plans, date stamped April 30, 3007). Staff would note that no such calculations were received prior to preparation of this staff report. 10. No new concrete should be added in tlze creek. Staff would note that a condition of approval was added that states that no new concrete should be added in the creek (see condition number 3). As currently proposed, the project does not include concrete work within the existing creek bed. Creek Enclosure Criteria: The criteria that the Planning Commission must find for a Creek Enclosure Permit as established in Code Sec. 18.24.020 are outlined as follows: (a) adequate flow capacity; (b) adequate methods of keeping the structure clear of debris; (c) reasonable economical life and ease of repair; (d) proper horizontal alignment of the pipe or culvert; and (e) identifiable length of pipe or culvert. Findings for the Creek Enclosure Permit: Based on the minutes from the Planning Commissions April 23, 2007, study meeting; that the new deck will not interrupt the existing flow capacity of the creek; that the proposed new deck is outside of the 100 year floodplain of the creek; and that the new deck will be built independently of the existing creek culvert and retaining walls, the proposed new deck is found to be consistent with the City's criteria for a Creek Enclosure Permit. Planning Commission Action: The Planning Commission should hold a public hearing. Affirmative action should be made by resolution and include findings made for a Creek Enclosure Permit. The reasons for any action should be clearly stated. At the public hearing the following conditions should be considered: that the new concrete deck, as built, shall conform to the plans submitted to the Planning Department and date stamped April 30, 2007, sheets 1 through 4 and landscape plan; that the proposed concrete deck shall be located 2.4 feet above the existing redwood deck; and that any changes to building materials or location of the deck shall require an amendment to this permit; 2. that the project shall comply with any regulations or additional comments established by the California Department of Fish and Game; 3. that tree protection measures shall be installed as to protect the Live Oak tree in the rear of the property; 4. that no new concrete should be added in the creek during or after construction; 5. 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 Creek Enclosure Permit of the creek and to minimize erosion; 1249 Cabrillo Avenue 6. that the deck shall remain independent of the retaining walls as designed, and shall be constructed to be removable to clear debris if necessary; 7. that the conditions of the Chief Building Official's and Fire Marshall's February 15, 2007 memos, the NPDES Coordinator's February 20, 2007 memo and the City Engineer's February 22, 2007 memo shall be met; 8. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; and 9. 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. Erica Strohmeier Zoning Technician cc. JD & Associates, designer Page 1 of 1 PLG-Strohmeier, Erica From: PARKS-Porter, Steve Sent: Friday, May 18, 2007 9:31 AM To: 'Philip Ross' Cc: PLG-Strohmeier, Erica; PW/BLG-Mac Neil, Brooks Subject: RE: following up.. Philip, Today I received an Arborist Report from Mayne Tree Expert Company. It is a favorable report for the tree in question, indicating that the health and stability of the tree has not been compromised at this point. The Building Dept. has placed a stop work order on the retainer wall part of the project until the property owner obtains the proper building permits to continue the work. Let me know your fax number and I can send you a copy of the Arborist Report. Steve Porter 558-7254 -----Original Message----- From: Philip Ross [mailto:philipross@sbcglobal.net] Sent: Friday, May 18, 2007 7:46 AM To: PARKS-Porter, Steve Subject: following up.. Hi Steve: RE: Heritage Oak 1248 Drake, construction project: 1249 Cabrillo Is there anything esle we should be doing at this point? I beleive you were going to contact the building dept and also recommend a report be done by an independent arborist. Does that mean the building dept will set that up? We don't want to delay our neighbor's project more than neccessary, so it would be good if this could happen next week. We will be away the week after ( May 26-Jun 3). Thank you, Philip Ross 348-5709 5/18/2007 May 17 07 05:16p John Diserrens 650 3443583 P�2 , IUlayne Tree Expert Company , E$TpBLISHED 1931 535 g�GATO ROAD. SUITE A SAN CARLOS, CA 94070 Y�� T�u �� c TEL:(650)593-4400 FAX:(650)593-4s49 ApBOR IST E-MAIL inlo�mayne�ree.ram A S S O C�� T i O N COMPLETE TREE CARE: Pruning Pest Control Cabling Consultations KEV I N R. KI ELTY RICHARD L. HUNTINGTO�I STATE LICENSED: ��;�,�a�,a,;s�weoa7ea ContraGor's Ucense �27b793 PRESID£�T pest Controf Advisor �06694 , Gertitied ArOorist WEDi 19A Pesl Control Operator �QAL) k�� Cerrttied Forester ��925 � pest Control Bu5. �c. �0106�-00000 /` �'� /' C Cj '� p ,� HOME 7EL �t �` 5 0��f CLIENT OF�ICE TEL — JOB SITE 1�`� y C^�' l'' '��a �Ax arr u�(. � x �,,� � ziP OTHER 7EL BILLIiVG ADDRESS CONTACT ZIP CITY DATE �'"��,� COfVSULTANT: R H, K K Consultat�on Fee $ • L. _ L r c, n r,. ....� r, .� n �i�r C. V+. ,N i � � � � HOURS � AMOUNT � i�R�� " 2U�7 ��' � ' ��. �..n.��. ANY CHANGES OR ADDITIONS TO THE ABOVE WORK MAY CHANGE THE COST DF THE ESTIMA7E. It is the responsibility of the property owner to dearlY'I not be�Iresponsible o d, mage to u�til�Hieslu n�less he above cond'itions have been satlsfied. pe� C�P�Y of such locations. The Mayne Trae F�ePeA Company � e TERMS: Payab�e in fu[I upon receipl of invoice. Senrice charge oi 1-1.2 /o per month on all accounts over 30 days. Minimum morrthly seNice charge �• � DATE ACCEPTED Page 1 of 1 PLG-Strohmeier, Erica From: PW/BLG-Mac Neil, Brooks Sent: Wednesday, May 16, 2007 2:13 PM To: PARKS-Porter, Steve Cc: PLG-Strohmeier, Erica; PW/BLG-Cyr, Joseph Subject: 1249 Cabrillo, stop work Hi Steve, Per your request I issued a Stop Work at this address. The owner was on site and it turns out he has an Arborist scheduled to come out today at 2PM. He expressed his concern about the tree and doesn't want anything to happen to it. The owners name is John Diserens and his phone number is 344-4117. I'm giving him your email address and phone number. If there is specific language you are looking for from the Arborist please let him know. Thanks, Brooks Johns email: john@diserens.net 5/16/2007 City oJBurlingame Planning Commission Unapproved Minutes VI. STUDY ITEMS There were no study items for discussion. VII. ACTION ITEMS May 14, 2007 COriserit Calendai' - Items on the consent calendar are considered to be routine. They are acted on simultaneously unless separate discussion and/or action is requested by the applicant, a member of the public or a commissioner prior to the time the commission votes on the motion to adopt. Chair Brownrigg asked if anyone in the audience or on the Commission wished to call any item off the consent calendar. He noted that there was a request among the desk items tonight to remove item 1 c, 1249 Cabrillo Avenue, from the consent calendar. There were no requests to remove any other items from the Consent Calendar. 1 a. 755 PALOMA AVENUE, ZONED R-1 — APPLICATION FOR ONE-YEAR EXTENSION OF AN APPROVED APPLICATION FOR DESIGN REVIEW, SPECIAL PERMITS AND CONDITIONAL USE PERMITS FOR A FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING AND FOR A NEW OFFICE IN AN ACCESSORY STRUCTURE (JONATHAN FELDMAN, APPLICANT AND ARCHITECT; ANN STOWE & MICHAEL CELICEO, PROPERTY OWNERS) (72 NOTICED) PROJECT PLANNER: LISA WHITMAN lb. 1863 EL CAMINO REAL, ZONED C-1 — APPLICATION FOR A COMMERCIAL RECREATION FACILITY (YOGA STUDIO) ROBIN DLTFFY, APPLICANT, STEVE AND MERRY-LEE MUSICH, PROPERTY OWNERS; AND KEVIN KARL, ARCHITECT) (13 NOTICED) PROJECT PLANNER: ERICA STROHMEIER 1 c. 1249 CABRILLO AVENUE, ZONED R-1— APPLICATION FOR A CREEK ENCLOSURE PERMIT FOR REPLACEMENT OF AN EXISTING WOOD DECK WITH A NEW CONCRETE DECK OVER A CREEK BED (JOHN & GAIL DISERENS, APPLICANT AND PROPERTY OWNER; JD & ASSOCIATES, DESIGNERL61 NOTICED) PROJECT PLANNER: ERICA STROHMEIER Set for first item on the Action Calendar for the Planning Commission meeting of May 29, 2007. 1 d. 1412 CAPUCHINO AVENUE, ZONED R-1 — APPLICATION FOR FRONT SETBACK VARIANCE FOR A FIRST FLOOR PORCH ADDITION (MARK AND MAGALI LEIALOHA, APPLICANTS AND PROPERTY OWNERS; BLAISE DESCOLLONGES, RSS ARCHITECTURE, AND ARCHITECT) (77 NOTICED) PROJECT PLANNER: RUBEN HURIN C. Osterling moved approval of Consent Calendar items 1a 755 Paloma Avenue; item lb 1863 El Camino Real; and item 1 d 1412 Capuchino Avenue based on the facts in the staff reports, commissioners comments and the findings in the staff reports with recommended conditions in each staff report and by resolution. The motion was seconded by C. Terrones. Chair Brownrigg called for a voice vote on the motion and it passed 7-0. Appeal procedures were advised. � � � . ASSOCIATES BUILDING DESIGN 1228 paloma avenue fax (6S0) 375-8448 email 5-14-2007 To: Re City of Burlingame Planning Department & ENGINEERING burlingame, ca. 9401 Q tele. (650) 343-6014 jda@jerrydeal.carn 1249 Cabrillo Creek enclosure permit C�-. i�+ c::.� i� ,nn�� f;Y� �'Q,A�M�TNICilTION RECEI V� rtFTER PREP.lR�lT1011 t pF STAFI� 1�EPORT l��d��, �� Need a revised engineering study, Kavanagh's work indicates that the new slab will be 4 feet abnve ihe existing desk, that is not true: want to be sure capacity and fl�ow are not restricted by new concrete covering: See revised calculatians as per Kavanagh Engineering dated 5-14-2007 which shows the difference in elevation as being 2.4 feet. This clearly shows that the new deck will provide greater clearance for the creek than what is e�sting at this time. The existing deck will be removed in this area. Thank you, fa6ia,� Ba�ra�L' Fabian Bonaldi JD 8� Associates �`�'� .. ,.,� MAY 1 4 2007 �irr ot= ., _. ._ �, ,� PLA�!lVlti;=: U�u f. �� BAY DELTA REGION (707) 944-5520 Mailing address: POST OFFICE BOX 47 YOUNNILLE, CALIFORNIA 94599 Slreel address: 7329 SILVERADO TRAIL NAPA, CALIFORNIA 94558 May 4, 2007 John Diserens 1249 Cabrillo Avenue Burlingame, CA 94010 Dear Mr. Diserens: Notification of Lake or Streambed Alteration Notification No. 1600-2007-005 i-3 Easton Creek, San Mateo County � ,�i�� ;;` . �'► As the Department explained in its letter to you dated March 9, 2007, the Department had until May 4, 2007, to submit a draft Lake or Streambed Alteration Agreement to you or inform you that an agreement is not required. Due to staffing constraints, the Deparhnent was unable to provide you with a proposal within the time lines required by the California Fish and Game Code. As a result, by law, you may now complete the project described in your notification without an agreement. In doing so, however, the project must be the same one and conducted in the same manner as described in the notification. That includes completing the project within the proposed term and seasonal work period and implementing all mitigation and avoidance measures to protect fish and wildlife resources specified in the notification. [Fish and Game Code section 1602(a)(4)(D).] If your project differs from the one described in the notification, you may be in violation of Fish and Game Code section 1602. Also, even though you are entitled to complete the project without an agreement, you are still responsible for complying with all other applicable local, state, and federal laws, including, for example, the state and federal Endangered Species Acts and Fish and Game Code sections 5650 (water pollution) and 5901 (fish passage). Finally, you must have a cony of this letter and your notification with all attachments available at all times at the work site. If you have any questions regarding this matter, please contact Dave Johnston, Environmental Scientist, at (831) 466-0234. Sincerely, 5��,�� F� Charles Armor Acting Regional Manager Bay Delta Region cc: .Lieutenant Kelly ""' -m" x �... � �,_ � . _ . _..,� MAY � 4 2007 CITY O� :�ttR��i�1(�,4��°E PI:A�NiNG DEP-f. � ,, , PURPOSE. To determine the 100-year flow level in the creek and the hydraulic effects, if any, of the proposed deck improvements. 2. SITE PLANS. See Page 3"Vicinity Map and 1954 Drainage Study". This shows the site relative to Easton Creek which goes along the back of the site. It also shows the culvert upstream of the site at Drake Ave. and the culvert downstream of the site at Cabrillo Ave. Also see Pages 9, 10 and 11. These are from Sht. T-1 "Topographic Map and Boundary Survey" updated to 10-13-06. They show the existing creek, decks, and proposed deck. 3. PREVIOUS CREEK STUDY. This was dated 1-12-1993 and was signed by Charles L. Kavanagh of Kavanagh Engineering. At that time it was approved by the city for a then proposed addition to the house and some deck improvements. It had as an attachment Sht. T-1 "Topographic Map and Boundary Survey" by Kavanagh Engineering, dated 1-12-1993. That addition and deck improvements were constructed in 1994. At the time of this previous study, Kavanagh Engineering had only preliminary information from the Wilsey and Ham Drainage Study dated Aug. 1992 for the whole city. Some of the information from both of these previous studies is included in this current study. 4. lOQ-YEAR FLOW 1954. See page 3. This is from the Adamson & Jenks drainage study for the city in 1954. The 25-year flow is about 350 cfs which multiplied by 1.25 gives a 100-year flow of 440 cfs. These flows have since been superceded by the Wilsey and Ham study, see below. 5. 100-YEAR FLOW 1992. See Page 8. This is from the Wilsey and Ham Drainage Study, Plan 18, It shows a 100-year flow of 510 cfs for the site area. This is about 510/440 = 1.16 times the 1954 100-year flow (from above) and is considered relatively close for this type of study. Kavanagh Engineering will use the 510 cfs for the purpose of this study. 6. HYDRAiJLIC CALCULATIONS. See pages 4 through 7. The 100-year flow will cause a surcharge at the Cabrillo Ave. culvert with some expected overflow into the street. The ma�mum water surFace at Section 0+ 30 (Page 4) is about EL 42.5 to EL 43.0. The maximum water surface at Section 1+ 30 (Page 5) is about 41.8. The bottom of the existing deck will clear this by about 0. 5 feet. The top of the proposed deck is at EL 47.20 with the bottom at EL 46.3, or 4.5 feet over the expected maximum water surface. 2��-_ ___�__ .�_a 7. CONCLUSIONS. The proposed deck will be about 4.0 eet higher than the e�sting deck and will be well clear of the 100-year water surface. The water surface at the site is controlled by the downstream Cabrillo Ave. culvert which is undersized. The city is currently promoting a bond issue to raise money for drainage improvements throughout the city which may well include the culvert under Cabrillo Ave. If that culvert is improved, the expected maximum water surface at the site could drop by 1 or 2 feet. � .� _ ! �- _p 7 C L-� ��-- ��.�� L� KAVANAGH ENGINEERING 708 CAROLAN AVE. (650) 579-1944 BURLINGAME, CA. 94010-2711 r,..,, . � ��AY 1 � 2007 ;�1TY C�F F3�.rR_'J , _. r'... ,..�.. .. ,,._. i. � ' � � D + 34 / �f'� D�.C;jC �-� �-Sd r_.' ° \ r 2 ._- J � � � . %,/.�' ��s = �"! D c�-S �- 5"--} ! a' ,- �, �-✓5 � = 4-4-� c.�'s r`.� ` '",. � I q , ,� ,� "� � � O -} -!- + � -i'� � � i / c�1 �' i �. � jn l � � >wr� M G9 �� ) �, � � i ! T�F-C.b� � � , � __ � � ;. � �1-3. �" ± ' � ,�� - 4:5 f�s(�r' ' "''� ; m �� ' ,i� 4l. 3 � ; , ; , ; / � K 8.� GJ r mj� �, , , ,r' � Ca � t' . '� �----- ..� ,_� .. �_ �_ ��.�v��t'�'- 5= o.z7 b� .% e� � v�r�' 4a _ — __ � ---- - -- , ------ ----' �= ' }- ,�- . . - - - _ -- _ _ - -- --- �� ,.�� - —_�. 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(650) 579-1944 r, �„-. � BURLINGAME, CA. 94010-2711 � , PLG-Strohmeier, Erica From: Sent: To: Subject: Philip Ross [philipross@sbcglobal.net] Monday, May 14, 2007 11:36 AM PLG-Strohmeier, Erica May 14, 2007 Action Item VII, 1 c. 1249 Cabrillo Ave. Attachments: 3086322733-118 1859.JPG; 3130760269-118 1860.JPG Dear Erica: Thank you for distributing this to the commission members. TO: Burlingame Planning Commission Members RE: May 14, 2007 Action Item VII, 1 c. 1249 Cabrillo Ave. Page 1 of 1 J �� :� ic � �CQMMUNIC TA ONRECFIY�ED --�J2 ��'.N�4F�91� 4FSTAFi�'REPORT We request that this item be removed from your consent calendar pending resolution of serious concerns we have regarding this project, namely: 2. 3 0 The heritage oak tree on our property appears to be suffering damage to its root structure by the construction work currently going on. For instance, what appears to be a major 6 inch diameter root which was not previously visible is now fully exposed due to disturbance of the creek bank. We request that the City send the City Arborist to inspect the site as soon as possible and that in the meantime all work in the affected area be postponed. I looked at the project site today and also looked at he submitted plans. Work that is currently going on at the southwest corner of the property (and adjoining our property) does not appear to be reflected in the plans. The work that is currently going on appears to be causing damage to our property. Scaffolding boards have been laid across the creek directly onto the creek bank on our property causing soil erosion under and next to the heritage oak. The creek bank is being disturbed and possibly destabilized resulting in soil being dislodged and is subsequently freely falling into the creek water. I enclose photos taken today for your review. The area on the left side of the first photo showing the oak tree, ivy, various boards and construction debris is our property (1248 Drake Ave.) The right side of the photo shows the southwest corner of the project site with apparently newly built forms for pouring concrete which don't seem to be reflected in the submitted plans. The second photo shows the soil falling into the creek water. Sincerely, Philip Ross 1248 Drake Ave. Burlingame, CA 94010 650.348.5709 �� MAY 1 4 2007 CITY OF BURLINGAME PLANNlIVG DEPT, 5/14/2007 ' _ . � �. � ; . .. + ��P"" ' ... � � D �� / t. . 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' � ` � � � r� ' �..� - � i � \ � �t � �' Y� fw. 4 _' � �� \ ' . � ..Z'a p_' S a� ._ a ,�[ ` �, 4 `.`�„:�,.� �'� 'r�...''4��+ / y � , -�, ' - � � � p 1 �._. � � "��'�' � � .. .. . ' y . d�� w �� w� � ;, P � _ �' � y. b �.::� � < . �:� d �`�'� � � °'�� 'S,(� ` 'y � �'�+�-y � a ,'" ,. . '.��;r�. "� ;� ,� � ,�`--. �`_ , . . . . �, ..; . . , . • �.� , . �,.,- ,� . �� . . . } ` � . � � Jr�: r = � .,�� ',� '� , � ' f�� ..7T� ' ;�"�� '� ' ��.�� .. � . ' .. '. ' � �. ` � ' ' a: :. � JD & ASSOCIATES BUILDING DESIGN & ENGINEERING 1228 paloma avenue burlingame, ca. 94010 f� (650) 375-8448 tele. (650) 343-6014 email jda@jerrydeal.com 4-26-2007 To: City of Burlingame Planning Department Re: 1249 Cabrillo Creek enclosure permit The following are responses to questions posed by the planning commission at their meeting of Apri123rd, 2007. A condition should be added to address possible Department of Fish and Game comments. This question to be addressed by the planning department. Where �ill the planter and deck drain, at what tacation will the water enter the creek? As per direction from the public works department the deck and planters are allowed to drain into the creek and do not need to be pumped to the street. Any drain pipes which direct water to the creek shall be approved by the public works department to prevent backflow. Who will restore and muintain the fYow in the creek and the integrity of the wall? This question to be addressed by the planning department. Is there a deed restriction so that future owners of the properly know what they are responsible for? This question to be addressed by the planning department. Is review by the San Francisco Regional Water Quality Control Board involved?: need to know who is responsible for water quality in this reach of creek. This question to be addressed by the planning department. What CEQA compliance is required for this project? This question to be addressed by the planning department. �ll the project be inspec%d during construction? �11 that include NPDES compliances? Department of Fish and Game Inspection? City inspection? This question to be addressed by the plannin� department. ��:�� APR 3 0 2007 CITY OF ..F.t�^rii.!i�'C.=",lV;E PLANNINU DEPT. Need more detaul on the submittal, including location of the construction equipment and information about the patio garden, including groundcover, amount of hard and softscape, finished landscaping? A drill rig, for drilled piers, will be used and will be on site only temporarily for the drilling process. A concrete truck and pump will be used to deliver concrete to the building area and will be located on the street. A hose will be used to deliver concrete to the deck and drilled piers. The area labeled GRADE DECK / PATIO will be mostly lawn area with a bench and planting around. A landscaping plan has been provided. The hardscape areas are as follows: Existing upper deck 360 sf This is an impervious deck Plunge pool and new lower deck 880 sf This is an impervious area Grade deck patio 500 sf This is mostly a pervious area Existing wood deck (repair} 820 sf Water can easily drain through to the creek Planters 225 sf This is softscape area that will allow water to drain through Softscape area 1,200 sf This area will ailow water to seep into the gade and also to flow into the creek as it has for many years. Need a revised engineering stetdy, Kavanagh's work indicates that the new slab will be 4 feet above the existing desk, that is not true: want to be sure capacity and,flow are not restrected by new concrete covering: The existing spot elevation of the existing wood deck was taken from Kavanagh Engineering's drawings prepared for this project. This spot elevation was 43.91 feet. The n+ew concrete deck will be at elevation 45.90 feet and therefore will be 1.99 feet higher. Kavanagh Engineering will furnish new computations before the meeting of May 14th . Need to know who is responsible for water quality in this reach of creek: This question to be addressed by the planning department. No new concrete should be added in the creel� The plans show that no new concrete or any other structure will be added within the creek. Thank you, �QD%Qi!' U4A'aGQ/� Fabian Bonaldi JD & Associates �� ' AP�C � � LUU7 CITY GF �Ur��-li�!GI-�PJIE pLAiVNING DEPT. Greer Gardens /.vJdscape des�nl & inst;d/atio» 919 Arh2icllo S[reet C� Redwood City, C;ilil'on�ia 94063 C� Plione: 650.361.8733 C�3 1�.��: (i.50.3(il.ROl4 (�? l,ic. nunihcr: 7i5(i�G3 TITLE: PLANT LIST 04.06.07 Diserens Final plant List Quant.� Size �Genus TREES Common Name 4 5 Gal Acer'Butferf/y' Green upright Maple 1 5 Gal Acer dissectum 'Inake Shiove' Mounding purple Maple 1 24" Arbutus unedo Marina Olea europea 'Swan Hill' 1 15 Gal seed/es Olive 1 24" Podocarpus gracilior column Fern Pine 4 24" Podocarpus gracilior STD Fern Pine Trees to be determined by the city of Burlingame - these are nof inc/uded on fhis bid 12 SHRUBS .� GRASSES/FERNS 12 � 1 Gal Dryopferis e hrosa Evergreen Autumn Fern 12 flt Ground cover 738 plugs Liriope muscarl ' Blg Blue' Mondo Grass 11 1 Gal Miscanfhus fransmorrlsonesis Ever reen Miscanthus Ophiopogon Jaburan - Lirope 19 1 Gal giganfea Giant Mondo Grass 25 1�Gal Pennisetum setaceum Fountain rass - reen 18 1 Gal Stipa tenuisslma Mexican Grass . 10 1 Gal Woodwardla �mbriata Giant Fern " 845 . � ,� .�. � � f,�°' ��' st -..,> .... ... .. . ...e i, ��P�. � � 2007 �ITY O� EIJ�t_1f�GAiv1E FI.ANNING DEPI�. � 204 � Page 1 of 1 PLG-Strohmeier, Erica From: PW/ENG-Voong, Victor Sent: Thursday, April 26, 2007 1:35 PM To: PLG-Strohmeier, Erica Cc: PW/ENG-Bell, Doug Subject: 1249 Cabrillo Deck Hello Erica, Per our counter conversation with Mr. Deal, the proposed deck at the project location can be directed towards the creek as long as no pipes are proposed along the creek banks. Mr. Deal confirmed that drainage will be diverted towards the edges of the deck into the creek. Victor 4/26/2007 CITY OF BURLINGAME PLANNING COMMISSION UNAPPROVED MINUTES 501 Primrose Road, Burlingame, CA April 23, 2007 Council Chambers L �ALL TO ORDER Brownrigg called the Apri123, �007, regular meeting of the Planning iission to order at 7:00 p.m. � � II. ROL CALL Prese : Commissioners Auran, Brow 'gg, Cauchi, Deal, errones and Vistica, sterling (arrived at 7:05 p.m.) Absent: Co missioners: none Staff Present: 'ty Planner, Margaret Monroe; oning Technician, �sa Whitman; City A rney, Larry Anderson. MINUTES The minutes of the April 9, 2007 regular meeti of the Planning Commission were ame ed to correct page 6, item para ph 3, line 1, � � �Vice-Chair Z and page 7 paragraph 2, line r'�^;r'�r^�T^�ri rt^ Vice-Chair Deal. The min tes were approved as amende IV. APPR AL OF AGENDA V. FROM TH LOOR VL STUDY ITEMS were no changes to the There re C. Osterli Chair Brov� proj ects on no public comments. � arrived at 7:05 p.m. �gg asked if all the � to ht's agenda. All had visited all t sites of � indicated that th v had. 1. 1249 CABRILLO AVENUE, ZONED R-1 — APPLICATION FOR A CREEK ENCLOSURE PERMIT FOR REPLACEMENT OF AN EXISTING WOOD DECK WITH A NEW CONCRETE DECK OVER A CREEK BED (JOHN & GAIL DISERENS, APPLICANT AND PROPERTY OWNER; JD & ASSOCIATES, DESIGNER) PROJECT PLANNER: ERICA STROHMEIER C. Deal noted that he would recuse himself from this item since he had a business relationship with the applicant. He stepped down from the dais and left the Council Chambers. CP Monroe presented a summary of the staff report. C. Cauchi noted that on his site visit he had spoken with the applicant. Asked staff to clarify the Fish and Game permit process for this proj ect. CA noted that the agency's reviews are not always consistent, in tertns of the timing of their comments. CP noted that there are some changes occurring regarding permit reviews at the Department of Fish and Game. Commissioner who works frequently with Fish and Game noted that to avoid wasting time the Fish and Game sometimes waits to comment until the local agency has completed their review. In this case there will be a letter by May 4, or the project will be considered approved as it stands. Commissioners asked: • A condition should be added to address possible Department of Fish and Game comments City of Burlingame Planning Commission Unapproved Minutes ; FRONT SETBA LEIALOHA, APF • Where will the planter and deck drain, at what location will the water enter the creek? • Who will restore and maintain the flow in the creek and the integrity of the wall? • Is there a deed restriction so that future owners of the property know what they are responsible for? • Is review by the San Francisco Regional Water Quality Control Board involved; need to know who is responsible for water quality in this reach of creek. • What CEQA compliance is required for this project? • Will the project be inspected during construction? Will that include NPDES compliance? Department of Fish and Game inspection? City inspection? • Need more detail on the submittal, including location of the construction equipment and information about the patio garden, including groundcover, amount of hard and soft scape, finished landscaping? • Need a revised engineering study, Kavanaugh's work indicates that the new slab will be 4 feet above the existing desk, that is not true; want to be sure capacity and flow are not restricted by new concrete covering; • Need to know who is responsible for water quality in this reach of creek; • No new concrete should be added in the creek. Chair Brownrigg moved that this item be placed on the consent calendar when all the comments have been addressed and there is room on an agenda. The motion was seconded by C. Auran. Chair Brownrigg called for a voice vote on the motion to place this item on the consent calendar when all the questions have been answered and checked by staff. The motion passed on a 6-0-1 (C. Deal abstaining) voice vote. This item concluded at 7:15 p.m. C. Deal returned to the chambers and took his seat on the dais. 2. 1412 CAPU INO AVENUE, ZON R-1— APPLICATIC FOR A FIRST OOR PORCH ADDIT N(MARK AND M� PROPERTY O RS; BLAISE DESCO LONGES, RSS AR Whitman presented�ie staff report. April 23, 2007 VARIANCE 'ANTS AND Tl PROJECT • ote on plans that th roperty line is sho to be the same as th 'nne b'eve that this is an e , applicant should ch k with the planning d ar the ge of the city's righ f way, and correct t plans. • Conc ed about the size o some of the membe to be used in const weight 'ze of some of the con ructio� than the a hitectural style of th hous Existing pi et fence needs to be a • Plans should corrected to show t • A condition sho ld be added that this � etback, and that e area should never components ill result in a heavier ; can support, r ise materials so vi -ed, show on pla the Cyprus tree is ; �riance is only for a '�.enclosed for hab: edge of the side�lk, ient for the locatio of n of the porch, the ;arance of the porch weights match; i to extend to the m�imum 15' front space, and should tli�tiouse ever be olished the fro setback variance sh ld become void. • Ap 'cant's letter ad sses variance findin well, should also i lude in findings that 1 4 house is being reserved, that th e are a variety of front setbacks in this o er neighborhood, that the 15 foot setback roposed is consi nt with the city's minimum setback, tha when the house was built there 2 C'ity of Burlingame Planning Department 501 Pr�imrose Road P(650) 558-7250 F(650) 696-3790 www.burlinQame.orQ �� CIT7 � � �nw� APPLICATION T'O THE PLANNING COMMISSION ��. T}�pe of application: Design Review Conditional Use Permit Variance Special Permit Other Parcel Number: Project address: �� Ca � r'c C��0 1�Ve. APPLICANT PROPERTY OWNER Name: Address: City/Stat Phone (� (t �f)� . � Name: To�n � �� er,��S Address: {2�� L' �b*i ��o �v'p City/State/Zip: �v�`�wqawt,e , GQ �Q�O.Ln Phone (w): � . i � � � � '� ARCHITECT/DESIGNER Name: �erC� �� Address: �t2Z 8 ��Iow1a �jU'c City/State/Zip: ��<< � qa�e, � Ct� �19�'�° Phone (w); �o�� ,�3' ra�0'�4 �h�: c�: � s� - � ��5 - a�� Please indicate with an asterisk * the contact person for this project. RECEIVED FEB 1 4 2007 C�TY OF BURLINGAME PLANNING DEPT. PROJECT DESCRIPTION: AFFADAVIT/SIGNATURE: I hereby certify under penalty of perjury that the information given herein is true and co to the best of my knowledge and belief. � Applicant's signature: � � Date: � / � 3,0 � I know about the proposed application and hereby authorize the above applicant to submit this application to the Planning Co � sion, Property owner's signature: GaI,�` l.l.J I' ��"-"-- Date: � ,� d�- Date submitted: PCAPP. FR1�4 ��`� cl�.c � �v!�c�sv�-e- t,��` �' c� r� f` �i1�+ i� J U� , ✓�-f.c.�. � �i.(? c �--��^ ��' ��,�Icc�' � � �r�-�� c�.�e�- r�v-�-r �� . �:-� � ��" - � � ' � � c�r tr tL 6� ��( . � � � ASSOCIA.TES BUILDING DESIGN & 122$ paloma avenue falc (650) 375-8448 email 2-13-20U7 To: Re: � � burlingame, ca. 94410 tele. (650) 343-6014 jda@jerrydeal.com City of Burlingame Building & Planning Departments Exception for creek encloswe There is an existing deck which covers an existing creek which is contained by a concrete base and a retaining wall on each side in the shape of a"U". The new deck, which is ta be built of more permanent material will be placed at a higher elevation than the e�cisting deck. The portion of the existing deck below will be removed. Other areas of the existing wood deck are to be replaced with new woad decking in the same location as the existing has rotted and become unsafe. No additional areas of the creek wiIl be covered other than that has already been covered. Thank yoa, J,� � �� P�incipal JD � Associates RECE��:� FEB 1 4 2007 cir�r oF Bup�.rr��.a��. PLANNING IaFPi, �- �' �, ____ _ ._ .....� ___ •, .� �..; �_.,, E...- � �,�� -� ,� �, � k �� - � -'.: -' � <,� � :r:-; „�;.�,. - -- J f� P � �` �b'��,�. 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'��' ,'`,' ✓�' .� � .,� � .�,� �. ;.� ,..-- � �,. ,<, � : "` �k � � `��` �� , � : O s• z .:� ,.�� ,�� i�' N Z �_� t �4,� � .J L�. � Cii CJ *,,,� � `� 7_ ".`U„ �m� ,,. �m o� y�:� � � �. � �� . �� : � � � —�� STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWAR2ENEGGER GOVERNOR DEPARTMENT OF FISH AND GAME � ;, BAY DELTA REGION �: (707}94-4-5520 Mailing Add�ess POST OFFICE BOX 47 YOUNTVILIE. CAUFORNIA 94599 SUeet Address 7329 SI LVERADQ TRAI L NAPA, CALfFORNIA 94558 March 9, 2007 lohn Diserens ]2d9 Cabrillo Avenue Burliagame, CA 94010 Dear Mr. Diserens: � �� it� / / � Notification of Lake or Streambed Alteration Notification No. 1600-2007-00�1-3 Easton Creek, San ?�iateo County . On February 9, 2007, the Department �f Fish and Game (Deparunent) received your Notification of Lake or Streambed Al�erarion. On March S, 2007, the Deparmaent deterrnined that your natification is complete. By law, the Depamnent is r�quu�ed to suhmit a draft Lake or Streambed Alteration Agreement (Agreement) to you within 60 calendar days from the date the noti6cation is complece, ifthe Department determines that an Agreement is required for the project. Hence, the Depattmeut has until May 4, 2007, to issue you a draft Agreemern or inform you that an Agreement is not required. As ezplained in the notification package you received, the Departrnent must comply with the California Environmental Quality Act ("CEQA") (Public Resources Cade section 2] 000 et seq. ) before it may issue a final Agreement. The Department may issue a final Agreement ofter it receives from you the signed drafc agreemern and completes the required environmental review. If the project described in your notificatian is not exempt fr�om CEQA, the lead agency must prepare a CEQA document for ihe project. If you represent a public agency, that agency is the lead agency for the project. 1i rhe Department does not issue you a draf� agreement or mform you that an agreement is not required by Ma�• 4, 2007, you may complete the project without an agreement. Ifthat occurs, however, the projact must be the same one and condncted in the same manner ag described in the notification, which wouid include implementing all measures to protect fish and wildlife resowces identified in the notification. [Fish and Game Code section 1602(a}(4)(D)], If your project differs from the one described in the nodfication, yo� may be in violation of Fish and Game Code sec[ion 1602. A1so, even though you would be entitled to complete che project withvut an agreement, }�ou woald srili be responsible for camplying with all other applicable local, state, and federal laws, including, for example, the slate and fedei-al Endangered Species Acts and Fish and Gacne Code sectians 5650 (wa6er poilutioa) aad 5401 (fish passage). If yoa need ta make ANY CHANGES to your project, including but not limited to work periad or work days, months or years; volume, size or type of materis►Is; locatioa or dimensions of your work area; or amount of temporary or permanent impacts, you must submit any changes in writing PRIOR TO THE DATE identified above ia this paragraph. I(you make any changes to your project after that date, you must subrnit a NEW NOTiFICATI01�' Ah'D FEES to the Department for re�iew as a new notiGcation with new review timetines. The Department cannot accept or review any project changts after [he date above unless we have written authorizatio� to do so prior to tha� date. Please nate that submission of revised materials prior to the above dAte may reset the Department'9 review amelines. In that circumstence you will receive a revised compkte letter from tbe Departroent with a revised date the notiTication was deemed complete and a revised date to issue a draft Agreement ,��'��L1 'MAR 2 9 2007 (1-� � CITY OF BURLINGAME PI.ANNINQ DEPt. ,1 ! • i � John Diserens March 9, 2007 Page 2 Notification No. 1600-?007-00� 1-3 Please note rhat if a Deparnnent representative subsequently determines your norification includes multiple projects resulting in increasea notification fees, the Department will notify you of the required fees and wil] not issue a fmal Agreement unti] the appropriate fees are paid. . IFyou have any questions regarding this matter, please contact Dave Johnston, Envir�tun�ntal Scientist, at (7U7)944-5520. Sincemly, C�J�—{ . �s � � Liam Davis Acting Habitat Conservation Supervisor Bay Detta Region cc: Lieutenant KeLly ��'`; �. - MAR 2 9 2007 �ITY OF BURLINGAA4i= PLANNING DEPT. � . . KAVANAGH ENGINEERING 708 CAROLAN AVENUE • BURLINGAME, CA 94010-2711 TEL: (650) 579-1944 • FAX: (650) 579-1960 kavenq(c�rcn.com 9264 diserens cal-5. 06.1013 CREEK STUDY FQR PROPOSED DECK IMPROVEMENTS � OWNERS/SITE : John and Gail Diserens 1249 Cabrillo Ave. Burlingame, Ca. 94010 �f, , Charles L. Kavanagh RCE 20858 � Date CIVIL DESIGN • SURVEYING • UTILITIES SINCE 1983 10-13�-01.� � ��C��:��.� e � �C� FF� 1 4 2001 � C�1Y OF BURLIt•.{;f��vti- PLANNING DFP7�. _ �.. � , 1 PURPOSE. To determine the ] 00-year flow leve] in the creek and the hydratilic effects, if any, of the proposed deck improvements. 2. SITE PLANS. See Page 3"Vicinity Map and 1954 Drainage Study". This shows the site relative to Easton Creek which goes along the back ot'the site. It also shows the culvert upstream of the site at Drake Ave. and the culvert downstream of the site at Cabrillo Ave. Also see Pages 9, 10 and ] 1. These are from Sht. T-1 "Topographic Map and Boundary Survey" updated to 10-13-06. They show the existing creek, decks, and proposed deck. PREVIOUS CREEK STUDY. This was dated 1-12-1993 and was signed by Charles L. Kavanagh of Kavanagh Engineering. At that time it was approved by the city for a then proposed addition to the house and some deck improvements. lt had as an attachment Sht. T-1 "Topographic Map and Boundary Survey" by Kavanagh Engineering, dated 1-12-1993. That addition and deck improvements were constructed in 1994. At the time of this previous study, Kavanagh Engineering had only preliminary information from the Wilsey and Ham Drainage Study dated Aug. 1992 for the whole city. Some of the information t'rom both of these previous studies is included in this current study. 4. 100-YEAR FLOW 1954. See page 3, This is from the Adamson & Jenks drainage study for the city in 1954. The 25-year flow is about 350 cfs which multiplied by 1.25 gives a 100-year flow of 440 cfs. These flows have since been superceded by the Wilse and Ham study, see below. � Y 100-YEAR FLOW 1992. See Page 8. This is from the Wilsey and Harn Drainage Study, Plan 18. It shows a 100-year flow of 510 cfs for the site area. This is about 510/440 = I.16 times the 1954 100-year flow (from above) and is considered relatively close for this type of study. Kavanagh Engineering will use the 510 cfs for the purpose of this study. HYDRAtTLIC CALCULATIONS. See pages 4 through 7. The 100-year flow will cause a surcharge at the Cabrillo Ave. culvert with some expected overflow into the street. The maximum water surface at Section 0+ 30 (Page 4) is about EL 42.5 to EL 43.0. The maximum water surface at Section 1+ 30 (Page 5) is about 41.8. The bottom of the e�cisting deck will clear this by about 0.5 feet. The top of the proposed deck is at EL 47.20 with the bottom at EL 46.3, or 4.5 feet over the expected maximum water surtace. 7. CONCLUSIONS. The proposed deck will be about 4.0 feet higher than the existing deck and will be well clear of the 100-year water surface. The water surface at the site is controlled by the downstream Cabrillo Ave. culvert which is undersized. The city is cunently promoting a bond issue to raise money for drainage improvements throughout the city which may well include the culvert under Cabrillo Ave. If that culvert is improved, the expected maximum water surface at the site could drop by I or 2 feet. �� t�--r3ro�', GL� KAVANAGH ENGINEERING 708 CAROLAN AVE. 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' PLANNING DEP�'� ( Project Comments Date: To: February 14, 2007 �City Engineer (650) 558-7230 ❑ Chief Building Official (650) 558-7260 ❑ Recycling Specialist (650) 558-7271 ❑ Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney ❑ City Arborist (650) 558-7254 From: Planning Staff Subject: Request for creek enclosure permit for replacement of an existing wood deck with a new concrete deck over a creekbed at 1249 Cabrillo Avenue, zoned R-1, APN: 026-171-040 Staff Review: February 20, 2007 � 3 PWE has received information in regard to the hydraulic capacity of the channel with new deck constructed above — see attached Kavanagh Engr report dated Oct 13, 2006. The study indicates the configuration of the channel and deck will provide flow capacity for a 100 year storm flow. PWE has received a copy of a permit application for Dept of Fish and Game dated Feb 2, 2007 — with fee paid — permit application indicates no impact to the creek area. (Easton Creek) No City encroachment permit required, since City has no easement over this private properiy area. Reviewed by: Date: �/ Z Z-� a 7 Project Comments Date: To: From: February 14, 2007 ❑ City Engineer (650) 558-7230 X Chief Building Official (650) 558-7260 ❑ City Arborist (650) 558-7254 ❑ Recycling Specialist (650) 558-7271 ❑ Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Planning Staff Subject: Request for creek enclosure permit for replacement of an existing wood deck with a new concrete deck over a creekbed at 1249 Cabrillo Avenue, zoned R-1, APN: 026-171-040 Staff Review: February 20, 2007 1) All construction must comply with the 2001 California Building Codes (CBC), the Burlingame Municipal and Zoning Codes, and all other State and Federal requirements. 2) Provide fully dimensioned plans. 3) Provide a complete demolition plan that indicates the existing walls, walls to be demolished, new walls, and a legend. NOTE: The Demolition Permit will not be issued until a Building Permit is issued for the project. Reviewed (' Date: �`/,�� /� Project Comments Date: To: From: February 14, 2007 ❑ City Engineer (650) 558-7230 ❑ Chief Building Official (650) 558-7260 ❑ City Arborist (650) 558-7254 ❑ Recycling Specialist (650) 558-7271 �f Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Planning Staff Subject: Request for creek enclosure permit for replacement of an existing wood deck with a new concrete deck over a creekbed at 1249 Cabrillo Avenue, zoned R-1, APN: 026-171-040 Staff Review: February 20, 2007 No comment at this time. R�CE FEB1b2 Cf , ,:��-�ulVu,��v� PLANNING DEPT. Reviewed by: ��%;`� Date: i s sL,�.�� 7 Project Comments Date: To: From: February 14, 2007 � City Engineer (650) 558- 7230 � Chief Building Official (650) 558-7260 � City Arborist (650) 558-7254 � Recycling Specialist (650) 558-7271 � Fire Marshal (650) 558-7600 � NPDES Coordinator (650) 342-3727 � City Attorney Planning Staff Subject: Request for creek enclosure permit for replacement of an existing wood deck with a new concrete deck over a creekbed at 1249 Cabrillo Avenue, zoned R-1, APN: 026-171-040 �iarr r�eview: revruary cv, cv� ► 1) Any construction project in the City, regardless of size, shall comply with the City NPDES permit requirement to prevent stormwater pollution including but not limited to ensuring that all contractors implement construction Best Management Practices (BMPs) and erosion and sediment control measures during ALL phases of the construction project (including demolition). Include appropriate stormwater BMPs as Project Notes. These BMPs include but are not limited to the following: � Store, handle, and dispose of construction materials and wastes properly to prevent contact and contamination of stormwater; • Control and prevent the discharge of all potential pollutants, including pavement cutting wastes, paints, concrete, petroleum products, chemicals, wash water or sediments, and non-stormwater discharges to storm drains and watercourses; • Use sediment controls or filtration to remove sediment when dewatering site and obtain all necessary permits; • Avoid cleaning, fueling, or maintaining vehicles on-site except in a designated area where wash water is contained and treated; • Protect adjacent properties and undisturbed areas from construction impacts using vegetative buffer strips, sediment barriers or filters, dikes, mulching, or other measures as appropriate; • Perform clearing and earth moving activities only during dry weather; • Limit and time application of pesticides and fertilizers to prevent polluted runoff; • Limit construction access routes and stabilize designated access points; • Avoid tracking dirt or other materials off-site; clean off-site paved areas and sidewalks using dry sweeping method; • The Contractor shall train and provide instruction to all employees and subcontractors regarding the construction BMPs. 1 of 2 Project Comments Con't —1249 Cabrillo Ave. — new concrete deck over creek bed (Easton Creek). 2) The public right of way/easement shall not be used as a construction staging and/or storage area and shall be free of construction debris at all times. The easement shall be protected from any site runoff. 3) Implement Erosion and Sedimentation Controls (if necessary): a. Install and maintain all temporary erosion and sediment controls continuously until permanent erosion control have been established; b. Address method(s) for diverting on-site runoff around exposed areas and diverting off-site runoff around the site; c. Address methods for preventing erosion and trapping sediment on-site. 4) Provide notes, specifications, or attachments describing the following: a. Construction, operation and maintenance of erosion and sediment control measures, including inspection frequency; b. Methods and schedule for grading, excavation, filling, clearing of vegetation, and storage and disposal of excavated or cleared material. 5) Project may require permit from the Department of Fish and Game and/or the SF Bay Area Regional Water Quality Control Board. Check with both agencies to determinine if a permit is required before start of the construction. Brochures and literatures on stormwater pollution prevention and BMPs are available for your review at the Planning and Building departments. Distribute to all project proponents. For additional assistance, contact Eva J. at 650/342-3727. Reviewed by: � Date: 02/20/06 �� 2 of 2 Guide to Creek & Wetland - Pro'ect J .. Perm �tt� n g San Mateo Countywide Stormwater Pollution Prevention Program (STOPPP) c/o 10 Twin Dolphin Drive, Suite C-200 Redwood City, CA 94065 650/991-8246 A program of the City/County Association of Governments (C/CAG) vpSlervir�n�cr�aKr,�,vetiar.d permi: i[�.vp 5/10/99 ss n�1LY Rq/N San Mateo County Guide to Creekand Wetland Project Permitting ��:••., ' •f:� A "sensitive habitat "is an � f�-� area where vegetative, • �" _ water, fish, and wildlife resources provide :�especially valuable plant and �" � �� nimal habitats �/ �1 y � that can // be easily � disturbed or degraded. These areas include but are not limited to riparian corridors (creeks) and wetlands. Riparian corridors are vegetative and wildlife areas in and adjacent to perennial and intermittent streams and other freshwater bodies, such as lakes, ponds, and reservoirs. Riparian corridors can be delineated by the limit of riparian vegetation. Wetlands are areas where the water table is at, near, or above the land surface long enough to bring about the formation of hydric soils or to support the growth of plants which norma�ly grow in water or wet ground. Wetlands include fresh or brackish water marshes, mudflats, brackish, tidal or seasonal wet ares and can occur along the margins of streams, lakes and ponds. Should you have a project that is adjacent to or involves a riparian corridor or wetland, certain permits may be required from Federal , State or local agencies. These agencies have their own specific definitions of sensitive areas that require permits.This pamphlet should help you determine which agency to contact for your project. Practical Tips for Getting Your Project Approved 1. Consult Early. Consultation with permitting possible. Consider environmentally superior and regulatory agencies should begin as early as alternatives. Incorporate the suggestions you possible in planning your project. learned during early consultation. 2. Carefully Select and Design Your Site. Evaluate several alternative sites before making your choice. It is also important to ,,,,,,,„„� conduct an environmental constraints analysis prior to site design. 3. Have Written Descriptions and Site Plans Available. You may need to provide a written description as well as a map and site plan of your project at your first meeting with each agency. 4. Learn the Rules. Take time to study the protocols and regulations of those agencies that must approve your project. Study all applicable state, local and federal agency permitting requirements. 5. Know the Players. Become familiar with the regulators and how they function. 6. Approach the Process with a Positive, Non-adversarial Attitude. It is generally counterproductive to resist the permit process as you are going through it. Indeed the squeaky wheel gets the grease. But be polite! 7. Know the resources you are protecting and why they are sensitive. For information contact the CA Department of Fish and Game. 8. Reduce Adverse Environmental Impacts. Design your project to eliminate or reduce as many potential environmental impacts as 9. Involve the Public. Plan a public participation program. Meet with members of your community to get their ideas and views of your proposed project. 10. Pay Attention to Details. Follow all the rules. Respond promptly to requests for information. Do not cut corners. 11. Be Willing to Negotiate.The.permit process has been established because of the public concern for protecting the waterways and this is the prime responsibility of the ��, agency reviewer. The revie� are sensitive to the concerr of individuals and property rights, and are willing to consider alternative project designs to meet the needs of the property owner and still protect natural resources. 12. When in Doubt, Ask. If you are not sure whether your project needs a permit, ask. Going ahead without all the proper permits or without following conditions of approval very likely will cost you time and money. 73. Get Everything in Writing. Request each agency you contact to put everything in writing. This will help prevent any misunderstandings. � ��k� 'JGS�envir�n�!eer:&wetiand permi::[r.��p 5; 10/99 ss The Agencies and their Mandates City and County Government Review. Many City and County governments have local ordinances pertaining to creeks and wetlands, and depending on the nature of the project several other permits (i.e. Grading Permit,Tree Cutting Permit, Building Permit, Coastal Development Permit, etc...) may be required as well. For more information, call your local Planning Department and provide them with the property's address and Assessor Parcel Number (APN). CEQA Review.The local government planning department with the most jurisdictional responsibility for your project must review it under the requirements of the California Environmental Quality Act (CEQA). The main purpose of CEQA review is to identify and prevent significant potential environmental impacts from proposed projects. Planning Departments �area code 650) City of Atherton ...............................................688-6521 City of Belmont ................................................585-7416 City of Brisbane ...................... �� .. }� 67-4180 City of Burlingame ............................. .............Ca96-�59� City of Colma ....................................................985-2590 City of Daly City ...............................................991-8033 City ot E�st Palo Alto ....................................853-3189 City of Half Moon Bay ......................................726-8250 Town of Hillsborough ......................................579-3816 City of Menlo Park ...........................................858-3400 City of Millbrae ................................................259-2341 City of Pacifica .................................................738-7300 Town of Portola Valley ....................................851-1700 City of Redwood City .......................................780-7234 City of San Bruno .............................................877-8874 City of San Carlos .............................................802-4263 City of San Mateo ............................................377-3362 San Mateo County ...........................................363-4161 City of South San Francisco ............................877-8535 Town of Woodside ...........................................851-6790 San Mateo County Environmental Health Services Division. (650) 363-4305. The County Environmental Health Department provides environmental health protection to insure a safe and healthful environment for County residents.This protection is provided through education, and monitoring and enforcement of business entities including retail, food and hazardous materials handlers.This agency would be involved and may require permits if work on, or discharge into a creek or wetland poses a public health hazard. San Mateo County Flood Control District. (San Mateo County Public Works Department (650) 363-4100.) The District is empowered to study flood conditions and to construct facilities after the formation of zones consisting of the particular watersheds to be served. San Mateo County has flood control zones in the following areas: Colma Creek, Ravenswood, San Bruno Creek, and San Francisquito Creek. The District is respor,sible for property and facilities which it owns and maintains, generally consisting of walls and levees. Any proposed work involving property and facilities owned by the Flood Control District will require an Encroachment Permit. In addition, regulations of construction have been adopted in San Francisquito Creek for the stretch between its confluence with Los Trancos Creek and San Francisco Bay. Contact the District if you are not sure whether your project requires a permit, or is within the District's jurisdiction. California Department of Fish and Game. (707) 944-5520 or (707)944-5500. The California Department of Fish and Game requires a Streambed Alteration Agreement (SAA) for projects that will divert or ��<< J' '�� obstruct the natural flow of �,� ''' � ,� ��' „;,� - water, change the bed, channel ,,�� or bank of any stream, or propose to use any material from a streambed. The SAA basically is a contract between the applicant and the Department of Fish and Game regarding what will and will not be done in the riparian zone and stream course. The Department of Fish and Game is interested in any work that occurs anywhere (in, on, over, or under the creek) between the streambed sloping upwards to the top of the bank. If you have any uncertainty about the need for an SAA you should contact the Department of Fish and Game, and they will let you know if they need to be involved. The SAA is subject to CEQA and all information necessary for stream projects must be disclosed. San Francisco Bay Area Regional Water Quality Control Board. (510) 622-2300. (Ask for the staff inember assigned to your County.) The San Francisco Bay Area Regional Water Quality Control Board's overall mission is to protect surface and ground waters of the San Francisco Bay region. The Regional Board issues General Construction Activity Storm Water Permits for storm water discharges associated with any construction activity, including clearing, grading, excavation or� reconstruction that results in the disturbance of at least f+�e acre� of total land area. The Regional Board also reviews and waives Section 401 Water Quality Certification for projects requiring Corps of Engineers Section 404 permits. Section 401 refers to the section of the Clean Water Act that gives states the authority to issue, waive or deny certifcation that the proposed activity is in conformance with State water quality standards. State Water Resources Control Board. The California Legislature established the State Water Resources Control Board �� '�" (State Board) and the nine Regional Water Quality Control Boards in 1967. The State Board administers the State's "' �, water quality, water pollution control, and "� water rights functions as part of the California Environmental Protection Agency.The State Board provides policy guidance and budgetary authority to the Regional Water Quality Control Boards, which conduct planning, permitting and enforcement activities.The joint action of the State Board and the Regional Boards constitute a comprehensive program for managing water in Cal ifornia. State Water Resources Control Board, Division of Water Rights. (916) 322-4503 or (916) 657-2170. In granting Water Right Permits, the State Board must determine under what conditions water may be taken and used. Their goal is to assure that California's water resources are put to maximum beneficial use and that the best interests of the public are served. Any persons or agencies intending to take water from a creek for storage or direct use on non-riparian land must first obtain a Water Right Permit. If you are uncertain whether you need a permit or have questions about your present use of water, call the Board's Division of Water Rights. The California Coastal Commission.The California Coastal Act of 1976 requires any person proposing to undertake development in the Coastal Zone to � obtain a Coastal Development Permit. The Coastal ��;•;� e'pSenviron`t�eek5v.�etland perml; itr.vp 5; 10/99 zs "� "" Zone extends inland anywhere from approximately 500 yards in developed urban areas to five miies in � � undeveloped areas. eb ,�, � � ..F �,„,�, �. Coastal Development Permit ��4� "'�" applications for projects in or near � ,. W, coastal creeks can be obtained from � �" "" the following Planning Departments: the County of San Mateo, the City of •� Half Moon Bay, the City of Pacifica or the City of Daly City. If projects are proposed in or adjacent to existing or historic coastal wetland areas, they will require Coastal Development Permits issued by the Coastal Commission.To find out if your project is in the Coastal Zone you should contact the planning division of your local government. Questions regarding the Coastal Commission's appeal and permitting processes should be directed to: For projects within unincorporated areas and coastal cities of San Mateo County contact: North Coast Chief of Permits (650) 904-5400. San Francisco Bay Conservation - �and Development Commission. (650) 557-3686. Any person proposing to fill, extract materials, or �W� Fy change the use of water, land, or structures in or around San Francisco Bay must first obtain a permit from the San Francisco Bay Conservation and Development Commission. Fill is very broadly defined to include (1) solid fill, such as dirt, concrete, wood, and structures, (2) pile-supported fill, such as fixed boat piers and docks, (3) floating fill, such as floating docks, houseboats, and vessels moored for extended periods of time, and even (4) structures cantilevered over the Commission's jurisdiction. The Commission`s permit jurisdiction includes San Francisco Bay which is defined as any area within the greater San Francisco Bay up to mean high tide (except in areas of tidal marsh where the Commission's jurisdiction extends to 5 feet above mean sea level} and a"shoreline band" that extends 100 feet inland from areas subject to tidal action. The Commission also has jurisdiction over a portion of Redwood Creek. If your project is close to Redwood Creek or near the mouth of any creek flowing into the San Francisco Bay, check with the Commission to find out if they have jurisdiction. The Army Corps of Engineers. (Regulatory Branch (415) 977-8464, ask for South Section Chief.) The regulatory authority of the Corps of Engineers for creek projects is based on Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. Section 404 of the Clean Water Act requires Corps authorization for work involving piacement of fill or discharge of dredged materials into any "waters of the United States" Section 10 of the Rivers and Harbors Act requires Corps authorization for work or structures in or affecting "navigable waters': Corps jurisdiction extends up to the ordinary high water line for non-tidal waters and up to the line of high tide (for dredge or fill), or mean high water line (for work or structures) for tidal waters. If you have questions, want to obtain a permit application packet, information describing the regulatory program, or want to request a pre-application consultation meeting contact the San Francisco District regulatory office. U.S. Natural Resources Conservation Service/San Mateo County Resource Conservation District. (650) 726-4660 or (408) 688-1562.The Natural Resources Conservation Service (NRCS), formerly the Soil Conservation Service, is an agency of the U.S. Department of Agriculture which provides assistance to landowners in San Mateo County through a Memorandum of Understanding with the San Mateo County Resource Conservation District (RCD). The NRCS and RCD are co-located in the same Half Moon Bay office. NRCS, in cooperation with the RCD, provides free technical information and assistance to landowners and land users to address natural resource management concerns for aopland, pastureland, rangeland, woodland, water resources, disturbed areas, and watersheds. NRCS also provides free soil survey information. NRCS is non-regulatory and does not issue any permits. NRCS has been designated as the Federal agency responsible for making wetland delineations/determinations on private agricultural lands. However, these delineations are made only upon written request from the landowner or another Federal agency.The RCD facilitates Grading Permit Exemptions for natural resource management projects carried out under the purview of the RCD and NRCS. U.S. Fish and Wildlife Service. (916) 979-2710. The U. S. Fish and Wildlife � Service reviews and comments on . projects pursuant to the Fish and Wildlife Coordination Act, the Clean Water Act, and the National Environmental Policy Act.The Service's aR ', „�'�.: i' , comments focus on the effects of projects on all fish and wildlife resources and the habitats that support those resources. Such projects may be, but not limited to, flood control, urban and industrial development, habitat restoration activities, etc. The Service also reviews projects for their affects pursuant to the Federal Endangered Species Act (Act). The Act, through Section 9, prohibits the take of any species listed as threatened or endangered pursuant to the Act without a specific exemption. The term "take" is broadly defined and if "take" is going to occur a permit from the Service is required. If there is another Federal Agency involved then exemption from the "take" provisions of the Act can be achieved through a Section 7 process. If there is no Federal involvement than a permit pursuant to Section 10, also known as a Habitat Conservation Plan, will be needed. National Marine Fisheries Service • .:� (707) 575-6050. r �' �r ti,7`"" �+�+�� The National Marine � � � Fisheries Service �� :.•::�_"�"� . �� .�_'.•, (NMFS) is the federal agency responsible for the conservation and management of the nation's living marine resources. Projects or activities that may affect marine fish and related habitat within NMFS jurisdiction are reviewed for any potentially harmful effects, These evaluations are conducted under the authorities of the Endangered Species Act (ESA}, Magnuson-Stevens Fishery Conservation and Management Act, Fish and Wildlife Coordination Act, and the National Environmental Policy Act. The purpose of reviews conducted by NMFS is to ensure that sensitive populations of marine and anadromous fish (such as salmon and steelhead), as well as the aquatic and riparian habitat that support these fish, can survive and recover in the presence of human activities. Through these reviews, the need to conserve and protect fish and habitat is balanced with the need to responsibly utilize natural resources for economic and other purposes. The types of projects and activities of interest to NMFS include streambank stabilization, streambed alteration, habitat restoration, flood control, urban and industrial development, and water resource utilization. When projects or activities require a federal permit, such as a Clean Water Act section 404 permit from the Army Corps of Engineers, then NMFS conducts a consultation with the federal agency under section 7 of the ESA. When there is no federal involvement, then for projects that incidentally "take" a listed species a permit under section 10 of the ESA is required. �=. ��,. �: vG5\environ�creeKF.'•,velk�nd permir i[rvp rev s� ��i17%99 �� _ :.� . Guide to San Mateo County �reek and Wetland Permitting (Note: A checked box indicates the agency that should be contacted.lt does not indicate that a permit will definitely be required.) U.S. City/Co. S.E Naturaf SMCO SWRCB Regional California U.S. U.S. Planning SMCO Bay U.S. Resources Environ. Division Water Dept. Calif. Fish National & Flood Conserv. Army / Does Your Pro ect: Health of Quality of Eoastal & Marine � Building/ Services �ontrol yyater Cantrol Fish and tomm. and torps of Wildlife Fisheries SMCO CEQA Divisions Districts Rights Buard Game Develop. Engineers Service Service Resource Reviews Comm. Conserv. District Involve creek bank stabilization or erosion control? ✓ ✓ f � � � � � � Require the removal of riparian or other wetland vegetation? ✓ ✓ ✓ � � � � Involve planting riparian or wetland vegetation? ✓ d ✓ ✓ � ✓ Affect native plants,wildlife orfisheries? ✓ ✓ ✓ ✓ � � � Result in stormwater discharge into a creek or wetland? ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Divert or obstruct the natural flow;or change the natural bed or bank of a creek or wetland? ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Involve repair, rehabilitation or replacement of any structure or fill adjacent � � � � � � � � to a creek or wetland? Involve building any structure adjacent to a creek or wetland? ✓ ✓ ✓ ✓ � J � � Involve fish and wildlife enhancement, attraction or harvesting devices and activities? ✓ ✓ ✓ ✓ ✓ � � � Use materials from a streambed (including but not limited to boulders, � � � � � � � rocks,gravel,sand and wood debris)? Require the disposal or deposition of debris,waste, or any material containing crumbled,flaked,orgroundpavementwithapossibilitythatsuchmaterial ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ could pass into a creek or wetland? Involve the removal of any materials from,or add fill to,a creek or wetland? ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Involve qrading or fill near a creek or wetland? ✓ ✓ ✓ ✓ � � � Involve a bridge or culvert? ✓ ✓ ✓ � � � � � � Involve utility pipe lines? ✓ ✓ �/ � � �/ Involve a septic leach f eld near a creek or wetland? ✓ ✓ ✓ ✓ � Require a water well near a creek or wetland? ✓ ✓ ✓ J Involve work within historic or existing coastal wetlands? ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Remove water from creek for storage or direct use on non-riparian land. ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Require that hazardous materials be generated and/or stored on site? ✓ ✓ ✓ ✓ ✓ �� vCS�P.rn�ircn�creek&'�;de[iand oermi! ir! ve S.� I n�q9 sa Additional Creek and Wetland Project Permitting Information Contacts: To report a hazardous or non-hazardous spill or pollution incident, call 911 or: San Mateo County Environmental Health Division (650) 363-4305 or 363-4708, or San Francisco Bay Regional Water Quality Control Board (510) 622-2300 To report illegal dumping in creek, fish kills, poaching, etc. call: California Department of Fish and Game (707) 944-5512 For additional information on the San Mateo Countywide Stormwater Pollution Prevention Program (STOPPP), call (650) 599-1406. Construction Practices The following book will provide you with valuable information regarding water pollution and construction activities. Blueprint for a Clean Bay Contains information on best management practices to prevent water pollution from construction-related activities. Published by the Bay Area Stormwater Management Agencies Association (BASMAA). For a copy, call your local planning department, or write to BASMAA, 1515 Clay St., Suite1400, Oakland CA 94612-3011. Stream Care Guides For information on how to maintain or enhance the health of your creek, several publications are available. Here are a few. Stream Care Guide for Santa Clara County Published by Santa Clara Valley Water District. Copies are available from the Public Information Office at 5750 Almaden Expwy., San )ose, CA 95118-3686. (408) 265-2600 Streamside Planting Guide for San Mateo and Santa Clara County Streams Published by the Coyote Creek Riparian Station. For a copy write to Peninsula Conservation Center at 3921 East Bayshore Road, Palo Alto, CA 94303. Call 650/962-9876. Groundcover, A Planting Guide for Erosion Control and Site Improvement on the Central Coast Published by the Santa Cruz County Resource Conservation District. Call (408) 688-1562. For brochures and other publications on erosion control, drainage improvement, and streambank stabilization contact your local Natural Resource Conservation Service/Resource Conservation District office. For information about the San Mateo County coast region you may contact: San Mateo County Resource Conservation District, 785 Main St., Suite C, Half Moon Bay, CA 94019, (650) 726-4660. For information about the south-bayside region of San Mateo County contact Guadalupe-Coyote Resource Conservation District, 888 N.1 st St., Room 204, San Jose, CA 95112, (408) 288-5888. Guidelines for Bank Stabilization Projects: In the Riverine Environments of Kinq Coui Published by the King County Department of Public Works, Surface Water Management Department. Seattle, WA. June 1993. For a copy write to King County Office of Finance, 700 5th Ave. Suite 2200, Seattle WA, 98104, (Ask for Guidelines for Bank Stabilization Projects) This guide is very comprehensive and highly recommended. (206) 296-8332. Creek Care Guide for Residences and Businesses Published by the Rivers, Trails and Conservation Assistance Program, National Park Service. (650) 744-3975. ��,'„ � ��T�` vGSenviron�c!=ek&„vetiancf permi[ R,.vp 5/ 10/99 zs � ; , �• 11 � f Canada de zsj Guadafupe � vp5�envvon�creex:��ve[land permi[ itrxp S/10/99 ss N�lagr� � � ; � � ��'y� . . � } �6alera � IR-------� . ., ,, �, ,, San Pedro �' ,� r + � � S � t i ��,,, ♦ � , . . � ��y� � � t � � r+wl \ 1 j /� ♦ San Vicente � a�n Bruno s ,, San Mateo County Unincorporated Land and Water Resources 0 4000 SQ00 i60D0 32,000 FEET Environment�l Services Agency � � � y Planning & Building Division■ San Mateo County■ Califomia .� ' �f Mills ,' 8 � s � � c , i ,�`� �°m~ �� San Mateo,'M+` �� i�c� i ` ; �i � I t ! `' O� I s1 t r� t sf `,, . i��ad,�.1 ,�`. ( , > �..� � { � 0 � �� , 7 � P e St011 Aj, j�,,,�_ 04, , �__� 1 t `e � � ♦ �Ir�: 1 � s �} i I �:� .�� GI � �j O'' - �� _.A'.' : .S r Pilarcltos _---.. -: ,. .,' . .,' J Mroyo `. ,�' r � Canatla Verde 4``=: p��$ima �'. : .... i i � �� "- '� � y ,� �� .. ,� . . .,. . , . . � � `r,M i i ,,+ : �,+ �It� , ` .. .... . 1 �� ; Laurel ! r E � s e s � t �, �` { Belmont ' ` ,, ' : , � f y ; � t'„ r. , � �t �'e� �. ,! t ��r�I�r, , � i W �, \t. 'xt» •r, .. � iy ,' Cordilleres . � ` ' i t � ��, �y�I 4 �� , ,` � �r,. � ,, < ♦ � . ♦ y : �` J ♦ � r � Redwood . •+� �i ' � � � � � ♦ a ♦ /\ ' r � JC ' f r l t i J e � ^� i I t . . , . , , ,' �_.• � 0 City Boundaries Unincorporated County Lands � Streams � Lakes and Reservoirs -------- Watershed Boundaries '\��` .. • . . . - ► \\\\ ,� �� .- �°` � �>...,.; � � Coastal Zone Boundary ,� . � , Daly City/Pacifica Coastal Zone Boundary Note: The creeks and wetlands on this map are perenial. No intermitent creek or seasonal wetlands are identified on this map. �;,,�ern-�rcn�creek&�•,veciann permincr.��p 5; i e:9a ss coro�smo-wa[r. ms � ,� WHY SHOULD WE WORRY ABOUT SOIL EROSION? — . • • � Water and wind carry soil from our Bay Area Iand down into our streams, Iakes and the Bay. This soil carries with it pollu- tants sucfi as oiI and grease, chemicals, fertilizers, animal wastes and bacteria, which threaten our water quality. Such erosion also costs the home construction industry, Iocal government, and the homeowner untold mi�ions of dollars a year. Nature slowly wears away Iand, but human activities such as construction inQease the rate of erosion 200, even 2,000 times that amount. When we remove vegetation or other objects that hold soil in place, we expose it to the action of wind and water and inaease its chances of eroding. The Ioss of soil from a construction site resuIts in Ioss of topsoil, minerals and nutrients, arid it causes ugly cuts and gullies in the Iandscape. Surface runoff and the materials it carries with it clog our culverts, fIood channels and streams. Sometimes it destroys wildlife and damages recreational areas such as Iakes and re- servoirs. As an example, road and home bullding in the Oakland hiTls above Lake Temescal filled the lake to such an extent that it had to be dredged in 1979 at a public cost of $75� 000. x � NEED MORE INFORMATION? ABAG has produced a slide/tape show on soil erosion called "Money Down the Drain." It is available for showing to any interested group. Ca11 ABAG Public Affairs at (415) 841-9730. ABAG has also published a''Manual of Standards for Sur- face Runoff Control Measures" which deals extensively with designs and practices for erosion prevention, sedi- ment control, and control of urban runoff. The manual addresses problems and solutions as they apply to California and the Bay Area. It can be purchased from ABAG and is available on reference at many Iocal Iibraries and in city and county public works and planning depart- ments. USDA Soi1 Conservation Service personnel are willing to provide more information on specific erosion problems. This brochure is a cooperative project of the Association of Bay Area Governments and the East Bay Regional Park District. a550GiAT10N OF BF� ARE/ GOVERNMEN�S PRO�EC�CING EAST BAY REGIONAL PARK DISTRICT YOUR PROPER�Y �ROM EROSION EROSION CONTROL CAN PRO?ECT YOUR PROPERTY AND PREVENT FU2URB HEADACHBS _ ,i Vegetatioa-stabilized Bare Slope: H¢adaches I(�) 1 � Slope: S¢curity aad Liabil�ty f�(% (��; �� • soil in place • mudslide danger • minimum of • loss of topsoil �/� erosion • clogged storm ` '• � � • fewer winter clean- drains� flooding •t�; �� l (� �/ 4 up problems problems '_�� • protection for • expensive � /� house foun- cleanup �,�'"" � � dations • � eroded or �� butied house •��'� �l; �'! , foundations �1 � I'�j/� I ti��';• ' �,•r.i�Y•`• . ��/�) ��a �:�•.., , : 4••�:, ti`'; ! `in :h '�� :i3 �' � ':;. ;� ::} ��'tij. . // / , f;. , '•r� , iL•. / i5?rs'�. • � � . :..� r.. �. , � — . ' . �. ... %��\ �� :,;� : � ,��,,:. � TIPS FOR THE HOMEOWNE� "Wiaterize" your property by mid-September. Don't wait until spring to put in Iandscaping. You need wiater protectioa. Final Iandscaping can be done Iater. Inexpensive measures installed by fa11 will give you protection quickly that wi11 Iast a11 during the wet season. Ia one afternooa you can: • Dig trenches to drain surface runoff water away from problem areas such as steep, bare slopes. • Prepare bare areas on slopes for seeding by raking the surface to Ioosen and roughen soil so it will hold seeds. f `. ..'` . - ,� '�� Seeding of bare slopes • Hand broadcast or use a"breast seeder." A typical yard can be done in Iess than an hour. • Give seeds a boost with fertilizer. • Mu1ch if you can, with grass clippings and Ieaves, bark chips or straw. • Use netting to hold soil and seeds on steep slopes. • Check with your local nursery for advice. � � Winter alert � Check before storms to see that drains and ditches are not clogged by Ieaves and rubble. � Check after major storms to be sure drains a re clear and vegetation is holding on slopes. Repair as necessary. � Spot seed any bare areas. � �� ' • ' � • • J f,.,: j • • . ' • • �t'�''+'. �lptfd'a�f+..t � 1 � � � 1''II,' � � � ��l1�'. �I f'��' Soil erosion costs Bay Area homeowners miliions of doI- Iars a year. We lose valuable topsoil. We have to pay for damage to roads and property. And our tax money has to be spent on cIeaning out sediment from storm drains, channels, lakes and the Bay. You can protect your prop- erty and prevent future headaches by following these guidelines; BEFORE AND � DURING CONSTRUCI'ION • Plan construction activities during spring and summer, so that erosion control measures can be in place when the rain comes. • Examine your site carefully before building. Be aware of the slope, drainage patterns and soil types. Proper site design wi(I help you avoid expensive stabilization work. Preserve existing vegeta- tion as much as possible. Limit qrading and plant removal to tfie areas under current construc- tion. (Vegetation will naturally cctrb erosion, improve the appearance and the vaIue of your property, and reduce the cost of Iandscaping Iater.) • Use fencing to protect piants from ftll material and traffc. Ifyou have to.pave near trees, do so witfi permeable as- phalt or porous paving blocks. • Preserve lhe natural contours of the (and and disturb the earth as liltle as possible. Limit the time in which graded areas are exposed. • Minimize the length and steepness of slopes by � benching, terracing, or constructing diversion � • structures. Landscape ' ` \� ��' benched areas to stabilize . the slope and improve ifs appearance. • As soon as possible after grading a site, plant vegetation on a11 areas that are not to be paved or otherwise covered. • Control dust on graded areas by sprinkling with water, restricting traffc to certain routes, and paving or qravei- ing access roads and driveways. TEMPORARY MEASURE� ?0 STABI�IZE THE SOIL � � Grass provides the cheapest and most ef- fective short-term. ero- sion control. It grows quickly and covers the ground cornpfetely. To find the best seed mix- tures and plants for your area, check with your Ioca1 nursery, the U.S. Department of Aq- riculture Soil Conserva- tion Service, or the University of California Cooperative Extension. Mulches hoId soil moisture and provide ground protection from rain damage. They also provide a favorable envi- ronment for starting and growing plants. Easy-fo-obtain muiches are grass clippings, Ieaves, sawdust, bark chips and straw Straw mulch is nearly 100% effective when heid inplace by spraying with an organic giue or wood fiber (tackifsers), by punching it into the soil with a shovel or roller, or by tack- ing a netting over it. Commercial applications of wood fibers combined with various seeds and fertilizers �� (hydraulic mulching) are effec- ,� ;.; tive in stabilizing sloped areas. ., i� � Hydraulic inulching with a !' ,� '� �� tackifier should be done in two. t� separate appli- � . . , , �� • - ' cations: the first composed of seed fertilizer and half the mulch, the second composed of the rernaining mulch and tackifier. Commer- cial hydraulic mulch applicators — who also provide other erosion control services — are Iisted under "landscap I ng" in the phone book. .------- ----- ;,t: �< .:.� : ";��:;'< �;:«�:�:�;:� :`;�;�� t :::;;:i';;::;;:;:;;...�.,;•;;,�;�:ti.��<�'�;: '`,�''�`,, , ,\,' .,�`�• .'.:�.�• .;� _ _ .' _` , ' ,,;�,_� Mats of excelsior, jute netting and pIastic sheets can be ef- fective temporary covers, but they must be in contact with the soil and fastened securely to work ef%ctively. Roof dralnage can be collected in barrels or storage con- tainers or routed into Iawns, planter boxes and gardens. Be sure io cover stored water so you don't colfect mos- quitos, too. Excessive runoff shouid be directed away from your house, Too much water can damage trees and make foundations unstable. STRUCTURAL RUNOFF CON'TROLS Even wilh proper timing and planting, you may need to protect disturbed areas from rainfall until the plants have time to establish themselves. Or you may need permanent ways to Iransport water across your property so that it doesn't cause erosion. To keepwater from carrying soil from your site and dump- ing it into nearby Iots, streets, streams and channels, you need ways to reduce its volume and speed. Some exam- ples of what you might use are: .. �:��e1� t� ...,�.�� .- _., ' . '' a .;c;? uuuu :•".,; `\ \ `\ �`i�P.,,, � , ��., \_ ,,,;,�;�` ,.. , e .��..... � ._ :�;�-R.�:^.�.:. �- � d:?•��y;':•}`;`•. . ' !ly�.' "'�wW�t�i. ��. •' r�,�;r�>;;, �.�`� _�'`'tC,,..�a�+,�Ev'- r , ••�_ ��:y;� �� ;;.i(•',y�t.�.1�.. W �ai'i�"'�', :Y v;�r:,.';,,� �'�Sl*:4!.;�•.,�� 1• �^ :�:i ��I� ; ;��'Stk' ��%'�"t: Si . 1�,(C �� r,� v.. !1i�c,y�",'��;.� � �, Riprap (rock Iining) — to protect channel banks from erosive water flow �.Sedfineat trap—to stop runoff carrying sediment and trap the sediment � �� ►� T-+ ��t�i �'�� _ �� • Storm dra3a outlet protectioa—to reduce the speed of water [Iow- ing from a pipe onto open ground or into a natural channel Diversioa dike or perimeter dtke—to divert excess water to places where it can be clisposed oi properly 'y^ �! �1t,�^�' � �''~+..., ^ �� Ti„� .',`,��` � '�' ` ,y ,� f -� � ., �� ,1� ` y '� . ' �. . �� ;�in�� _ � � � � � 1�cik µa��;�� _-� ` `1 , � �,`t;�;.y'�y,�,:' .—..r � �� .. Straw bale dike—to stop and detain sediment from small unprotected areas (a short-term measure) • Per�meter swaie — to divert runoff from a disturbed area or to contain runo€f within a dist'urbed area . � \�: ,�,� ' ��. .,�.��§.�� . ,. �' �:" �� h. • Grade stabiltzatfon structure—to carry concentrated runoff down a slope . .. _ .� ,,, .. i �` --- '� � �'�ir�,�� , ��' ��'`i��+�� I�„�,,;� I �. �� :� I "�,��a� '� �� I - � �G li �� . r��. �' � eunu�� ,I�I�I'. - 8��,�(��, �� ,mi�:, l�. I . • . , ..'\.; .,� ..,��,��,�:�� mnmuu n enwum W� � s ,:�c.: y'�G .7 i i ;��if,'..;^��ilrwo�-f, � � �!i � ��.- ��I�S�i�� 1• � 1.��'`3O r� 6yii ^C. � � �� F'►�� y;y,�',',,. s':y °� �`,' ,�s-'�� 1 :°:.•'� e'�':• i�i1'%'�"�� ;�iii,�.`VS ,r,q � � .. ;Ji�� y�� wn : ��''�� n ,_ i , %� � � :i; � ��ii� � �� •r �► • • • . - • �' CCr''.yf`./(Ih9E 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 replacement of an existing deck over a portion of Easton Creek in the rear vard of a single-familv dwellin� at 1249 Cabrillo Avenue, zoned R-1, John and Gail Diserens, , propertv owners, APN: 026-042-150; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on Mav 29, 2007, 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 categorical exemption, per CEQA Article 19, Section 15303 - construction or conversion of new, small structures -(e) accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. 2. Said creek enclosure permit is approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such creek enclosure permit 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 29th day of Mav, 2007 by the following vote: Secretary EXHIBIT "A" Conditions of approval for categorical exemption and creek enclosure permit. 1249 Cabrillo Avenue Effective June 8, 2007 1. that the new concrete deck, as built, shall conform to the plans submitted to the Planning Department and date stamped April 30, 2007, sheets 1 through 4 and landscape plan; that the proposed concrete deck shall be located 2.4 feet above the existing redwood deck; and that any changes to building materials or location of the deck shall require an amendment to this permit; 2. that the project shall comply with any regulations or additional comments established by the California Department of Fish and Game; that tree protection measures shall be installed as to protect the Live Oak tree in the rear of the property; 4. that no new concrete should be added in the creek during or after construction; 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; 6. that the deck shall remain independent of the retaining walls as designed, and shall be constructed to be removable to clear debris if necessary; 7. that the conditions of the Chief Building Official's and Fire Marshall's February 15, 2007 memos, the NPDES Coordinator's February 20, 2007 memo and the City Engineer's February 22, 2007 memo shall be met; that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; and 9. 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. -2- �CITY OF BURLINGAME PLANNING DEPARTMENT BURLINGAME 501 PRIMROSE ROAD �BURLINGAME, CA 94010 TEL: (650) 558-7250 • (650) 696-3790 www.burlingame.org Site: 1249 CABRILLO AVENUE The City of Burlingame Planning Commission announces the following public hearing on Tuesday, May 29, 2007 at 7:00 PeMa in the City Hall Council Chambers, 501 Primrose Road, Burlingame, CA: Applieation for a creek enclosure permit for replacement of an existing wood deck with a new concrete deck over a creek bed at 1249 CABRILLO AVENUE zoned R-1. APN 026-171-040 Mailed: May 1 �, 2007 (Please refer to other side) CITY OF BURLINGAME A copy of the application and plans for this project may be reviewed prior to the meeting at the Planning 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 priar 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. 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Applicant/Property Owner: John and Gail Diserens APN: 026-171-040 Architect: J.D. & Associates Lot Area: 10,000 SF General Plan: Low Density Residential Zoning: R-1 CEQA Status: Categorically exempt per Article 19, Section 15303 - construction or conversion of new, small structures -(e) accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. History: In 1993 the property owner was issued permits to build a 608 SF redwood deck over the existing creek channel. This deck spans the creek above the top of the bank and provides access to the rear of the property. On March 10, 1997, the Planning Commission approved an application for a creek enclosure permit for a 498 SF redwood deck expansion to an existing deck in the rear yard of the property over Easton Creelc (March 10, 1997 Planning Commission Minutes). The construction of the decic was completed in 1997 and today the entire portion of Easton Creek that is channeled and runs through the subject property is covered by deck area. Summary: The property owners are requesting a creek enclosure permit to replace an existing deck over Easton Creek which is located in the rear yard of their property at 1249 Cabrillo Avenue, zoned R-1. Portions of the existing redwood deck area have become rotted, so the property owners would like to rebuild a large portion of this deck area with a concrete slab, which is a more permanent material. No additional areas of the creelc will be covered other than those areas that are already covered by the existing decic area. The creek below the existing deck area is contained in a concrete channel which was reinforced with new piers and retaining walls on each side in January 1997. The proposed concrete deck will span the distance between the existing retaining walls on each side and will be supported by existing steel beains, new steel beams and a new small retaining wall across the creelc from the existing house. The proposed concrete deck will be placed above the existing redwood deck that is placed at the top of bank for the channel. The existing and proposed decic areas have been designed independently of the retaining walls and will be constructed to be removed if necessary. The distance from the creek bottom to the top of the decic measures 8'-5". A creek study has been submitted Uy the applicant and is attached for your reference. On March 29, 2007, the applicant submitted a copy of a letter from the Department of Fish and Game that indicates that they have received the property owners application notification of streambed alteration, that the notification was deemed complete and that if the Department does not issue the property owner a draft agreement or inform them that an agreement is not required by May 4, 2007, then the project may be completed without an agreement. The Department of Fish and Game requested a copy of the City's environmental determination and a notice of exemption indicating that the project is exempt from CEQA was faxed to the Department of Fish and Game on April 18, 2007. All zoning code requirements have been met. Please note that the proposed replacement deck is not Creek Enclosure Permit 1249 Cabrillo Avenue considered new lot coverage since the deck and its support structure do not extend more than 30" above the existing adjacent grade. The applicant is requesting the following: Creek enclosure permit for replacement of an existing deck over a portion of Easton Creek (C.S. 18.24.010). Staff Comments: Staff would note that the City Engineer has reviewed all Department of Fish and Game documents and has informed the Planning Department that the project may be brought to the Planning Commission for review and approval. See attached. Study Questions: At the Planning Commission study meeting on April 23, 2007, the Commission had several questions for the applicant and staff regarding the application, and moved to place this item on the consent calendar when all Commission questions and comments have been addressed and there is space on the agenda. The applicant submitted revised plans and a response letter to the Planning Commission on April 30, 2007. The following is a list of comments made by the Commission and responses by the applicant and by staff: A condition should be added to address possible Department of Fish and Game comments. Planning staff would note that Condition no. 2 was added to require compliance with any Department of Fish and Game comments. 2. Where will the planter and deck drain, at what location will the water enter the creek? The designer noted that due to direction given by the Public Works Department, the deck and planters will drain into the creek and do not need to be pumped to the street. He also noted that any drain pipes which direct water to the creek shall be approved by the Public Works Department to prevent backflow (see response letter from designer dated Apri130, 2007). Staff would note that an e-mail, dated Apri126, 2007, from Public Works Engineering staff confirms that the deck can drain into the creek is included in the staff report. 3. Who will restore and maintain the flow in the creelc and the integYity of the wall? Engineering staff has indicated that it is the responsibility of the property owner to maintain the flow in the creek and the integrity of the wall. 4. Is there a deed restriction so that future owners of the property know what they are Yesponsible for? Staff would note that the resolution containing the conditions of approval associated with any project approved by the Planning Commission are recorded with the county through the Assessors Office. These conditions would show up on a title report obtained by future owners. S. Is review by the San Francisco Regional Water Quality Control Board involved; need to know who is responsible foY water quality in this reach of creelz. Public Works Engineering staff would note that no permit is required from the Regional Water Quality Control Board for this project because it is outside of the 100 year floodplain. They also note that any proj ect-related storm water regulations will be inspected and handled by the City's NPDES Coordinator. If there are any issues or complaints in the future, the City will forward them to the Regional Water Quality Control Board and the California Department of Fish and Game. ' Creek Enclosure Permit 6. What CEQA compliance is required for this project? 1249 Cab��illo Avenue • Staff would note that the proj ect is exempt from CEQA because there is no construction proposed within the 100 year floodplain. 7. Will the project be inspected during construction? Will that include NPDES co�npliance? Department of Fish and Game inspection? City inspection? • Staff would note that inspection of the project will occur during the building permit process by both Building Department inspectors, Public Works Engineering staff and by the NPDES Coordinator. 8. Need more detail on the submittal, including location of the construction equipment and infoYmation about the patio garden, including groundcover, amount of hard and soft scape, finished landscaping? • The designer noted that a drill rig will be used for drilled piers and will be on site only temporarily for the drilling process. A concrete truck and pump will be used to deliver concrete to the building area by use of a hose and will be located on the street. He also provided a landscape plan (date stamped Apri130, 2007) that clearly all hardscape and softscape proposed on the property, along with a breakdown of the different groundcover materials (response letter from applicant and landscape plan, date stamped April 30, 2007). 9. Need a revised engineering stucly, Kavanagh 's work indicates that the new slab will be 4 feet above the existing clesk, that is not true; want to be sure capacity and flow are not restricted by new concrete covering. • The designer noted that the spot elevation of the existing wood deck (43.91) was taken from Kavanagh's engineering drawings prepared for the project. He also noted that the new concrete deck will be 1.99 feet high (45.90 feet) and that Kavanagh Engineering will provide new calculations before the May 14, 2007 Planning Commission meeting (response letter from applicant and revised plans, date stamped April 30, 3007). Staff would note that no such calculations were received prior to preparation of this staff report. 10. No new concrete should be acicled in the creek. • Staff would note that a condition of approval was added that states that no new concrete should be added in the creek (see condition number 3). As currently proposed, the project does not include concrete work within the existing creek bed. Creek Enclosure Criteria: The criteria that the Planning Commission must find for a creek enclosure permit as established in Code Sec. 18.24.020 are outlined as follows: (a) adequate flow capacity; (b) adequate methods of keeping the structure clear of debris; (c) reasonable economical life and ease of repair; (d) proper horizontal alignment of the pipe or culvert; and (e) identifiable length of pipe or culvert. Creek Enclosure Permit 1249 Cabrillo Avenue Findings for the Creek Enclosure Permit: Based on the minutes from the Planning Commissions April 23, 2007, study meeting; that the new deck will not interrupt the existing flow capacity of the creek; that the proposed new deck is outside of the 100 year floodplain of the creek; and that the new deck will be built independently of the existing creek culvert and retaining walls, the proposed new deck is found to be consistent with the City's criteria for a creek enclosure permit. Planning Commission Action: The Planning Commission should hold a public hearing. Affirmative action should be made by resolution and include findings made for a creek enclosure permit. The reasons for any action should be clearly stated. At the public hearing the following conditions should be considered: that the new concrete deck, as built, shall conform to the plans submitted to the Planning Department and date stamped April 30, 2007, sheets 1 through 4 and landscape plan; and that any changes to building materials or location of the deck shall require an amendment to this permit; 2. that the project shall comply with any regulations or additional comments established by the California Department of Fish and Game; that no new concrete should be added in the creek during or after construction; 4. 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; that the deck shall remain independent of the retaining walls as designed, and shall be constructed to be removable to clear debris if necessary; 6. that the conditions of the Chief Building Official's and Fire Marshall's February 15, 2007 memos, the NPDES Coordinator's February 20, 2007 memo and the City Engineer's February 22, 2007 memo shall be met; 7. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; and 8. 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. Erica Strohmeier Zoning Technician cc. JD & Associates, designer 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 inade for a creek enclosure permit for replacement of an existing deck over a portion of Easton Creek in the rear yard of a single-family dwelling at 1249 Cabrillo Avenue, zoned R-1, John and Gail Diserens, , property owners, APN: 026-042-150; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on May 14, 2007, 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 docuinents submitted and reviewed, and comments received and addressed by this coinmission, 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 categorical exemption, per CEQA Article 19, Section 15303 - construction or conversion of new, small structures -(e) accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. 2. Said creek enclosure permit is approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such creek enclosure permit 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 14t�' day of Mav, 2007 by the following vote: Secretary EXHIBIT "A" Conditions of approval for categorical exemption and creek enclosure permit. 1249 Cabrillo Avenue Effective May 24, 2007 1. that the new concrete deck, as built, shall conform to the plans submitted to the Planning Department and date stainped April 30, 2007, sheets 1 through 4 and landscape plan; and that any changes to building inaterials or location of the deck shall require an amendment to this permit; 2. that the project shall comply with any regulations or additional comments established by the California Department of Fish and Game; 3. that no new concrete should be added in the creek during or after construction; 4. that the property owner shall keep the portion of the creelc 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; 5. that the deck shall remain independent of the retaining walls as designed, and shall be constructed to be removable to clear debris if necessary; 6. that the conditions of the Chief Building Official's and Fire Marshall's February 15, 2007 inemos, the NPDES Coordinator's February 20, 2007 memo and the City Engineer's February 22, 2007 memo shall be met; 7. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; and 8. that the project shall meet all the requirements of the California Building and Unifonn Fire Codes, 2001 Edition, as amended by the City of Burlingame. -2- � City of Burlingame Creek Enclosure Permit Item # 1 Study Calendar Address: 1249 Cabrillo Avenue Meeting Date: 04/23/07 Request: Creek enclosure permit for replacement of an existing deck over a portion of Easton Creek in the rear yard of a single-family dwelling, zoned R-1. Applicant/Property Owner: John and Gail Diserens APN: 026-171-040 Architect: J.D. & Associates Lot Area: 10,000 SF General Plan: Low Density Residential Zoning: R-1 CEQA Status: Categorically exempt per Article 19, Section 15303 - construction or conversion of new, small structures -(e) accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. History: In 1993 the property owner was issued permits to build a 608 SF redwood deck over the existing creek channel. This deck spans the creek above the top of the bank and provides access to the rear of the property. On March 10, 1997, the Planning Commission approved an application for a creek enclosure permit for a 498 SF redwood deck expansion to an existing deck in the rear yard of the property over Easton Creek (March 10, 1997 Planning Commission Minutes). The construction of the deck was completed in 1997 and today the entire portion of Easton Creek that is channeled and runs through the subj ect property is covered by deck area. Summary: The property owners are requesting a creek enclosure permit to replace an existing deck over Easton Creek which is located in the rear yard of their property at 1249 Cabrillo Avenue, zoned R-1. Portions of the existing redwood deck area have become rotted, so the property owners would like to rebuild a large portion of this deck area with a concrete slab, which is a more permanent material. No additional areas of the creek will be covered other than those areas that are already covered by the existing deck area. The creek below the existing deck area is contained in a concrete channel which was reinforced with new piers and retaining walls on each side in January 1997. The proposed concrete deck will span the distance between the existing retaining walls on each side and will be supported by existing steel beams, new steel beams and a new small retaining wall across the creek from the existing house. The proposed concrete deck will be placed above the existing redwood deck that is placed at the top of bank for the channel. The existing and proposed deck areas have been designed independently of the retaining walls and will be constructed to be removed if necessary. The distance from the creek bottom to the top of the deck measures 8'-5". A creek study has been submitted by the applicant and is attached for your reference. On March 29, 2007, the applicant submitted a copy of a letter from the Department of Fish and Game that indicates that they have received the property owners application notification of streambed alteration, that the notification was deemed complete and that if the Department does not issue the property owner a draft agreement or inform them that an agreement is not required by May 4, 2007, then the project may be completed without an agreement. The Department of Fish and Game requested a copy of the City's environmental determination and a notice of exemption indicating that the project is exempt from CEQA was faxed to the Department of Fish and Game on April 18, 2007. All zoning code requirements have been met. Please note that the proposed replacement deck is not considered new lot coverage since the deck and its support structure do not extend more than 30" above the r Creek Enclosure Permit existing adjacent grade. The applicant is requesting the following: 1249 Cabrillo Avenue ■ Creek enclosure permit for replacement of an existing deck over a portion of Easton Creek (C.S. 18.24.010). Staff Comments: Staff would note that the City Engineer has reviewed all Department of Fish and Game documents and has informed the Planning Department that the project may be brought to the Planning Commission for review and approval. See attached. Creek Enclosure Criteria: The criteria that the Planning Commission must find for a creek enclosure permit as established in Code Sec. 18.24.020 are outlined as follows: (a) adequate flow capacity; (b) adequate methods of keeping the structure clear of debris; (c) reasonable economical life and ease of repair; (d) proper horizontal alignment of the pipe or culvert; and (e) identifiable length of pipe or culvert. Erica Strohmeier Zoning Technician cc. JD & Associates, designer. �CITY OF BURLINGAME PLANNING DEPARTMENT BURLINGAME 501 PRIMROSE ROAD �BURLINGAME, CA 94010 TEL: (650) 558-7250 • (650) 696-3790 www.burlingame.org Site: 1249 Cabrsllo Avenue The [ity of Burlingame Planning Cammission announces the following public hearing on Monday, May 14, 2007 at 7:00 PaNlo in the City Hall Council Chambers, 501 Primrose Road, Burlingame, CA: Application for a creek enclosure permit for replacement of an existing wood deck with a new concrete deck over a creek bed at 1249 Cnbrillo Avenue zoned R�1. (APN 026-171-040) Mailed: May 4, 2007 (Please refer to other side) CITY OF BURLINGAME A copy of the application and plans for this project may be reviewed prior to the meeting at the Planning 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. Margaret Monroe City Planner PUBLIC HEARING NOTICE . d,� • ��. ;r � ti ., ;,,��: � � � raJa "'� � �� i5 �:�� . •� _�__ 016H16504325 � �� Mailed From 9401� US P�SSTAG� PUBLIC HEARING NOTICE (Please refer to other side) R,� WG'�D �KriC o� 4 X i � �c � � �.�c .� �s7� � 24'0.� . �-- ,�bKt I��N.C�E� �U4i2TF , � , ��- �--�� q.,� I 2 P7pF � Dc� c� I►�f� � �� u-' (,� x I �J � i � "1 ►� � ��. PIE�� } PI�� I�Th�Iti� w�l.L I N�T� ��At��.� '�Td�-��1 D/�'1l-�ct .. 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All laws, ordina�r,es, tules and n�ul�Li�s be�m�g c� the coaduct of the work t�wn a�d sg�cified �aL � cc��lied with iz� every resgect. 'Ihe C�tr�ctor will be hekt �sponsibl.e for any violations ��'��.,� C1,n,�iri anu rnnt�ir# ncr�Tr h�we�an said drawin� anc� sneeificaticros and ord'uiances_ same ;3"�'RUC'�'EIRAL REOUIREM�1�tT� 0 J6KT ��L�� NU4+2T� A�c � 2�T�%� � DCr 4 I i� (� �(E� (,� (v x l �7 � �� I '' �� E. PZ C) �- � � !8!i ;:� �NERAL �ll work sh�ll conform to the stanc�ards, codes �nd Qrdinances of the ciiy of Burlingame and the currently approved UBC a�d Califorrua Bu�lding Code. The contractor shall maintain the integrity of all scaffolding, shoring and bracing systems as reauired for the installation of all4vork. ;:'.-�RPENT�Y PI�� I�Th�Iti�� i� I N�Taw�n J a� �17 -�1 �/�1�� R�PI�i�.