On June 12, 2019, the Planning Commission approved a Design Study for the construction of a new two-story, 1,800 square-foot residence with attached garage on a vacant lot located on Santa Rita 2 southwest of 5th Avenue.
On October 14, 2019, a building permit was issued for the project.
On October 17, 2019, the City received a complaint regarding damage to trees on the project site. The City’s contracted arborist immediately visited the site and discovered root damage to significant trees as a result of construction activities. The project was issued a Stop Work Order.
On January 9, 2020 the Forest & Beach Commission held a hearing on the removal of 3 significant trees that suffered damage during excavation of the project site and assessed a penalty equal to the appraised value of the trees ($50,000). Two of the trees were located on the project site; the third tree was located at the property line on the north neighbor’s property. The following additional conditions were placed on the project:
a) City Forester approval of the contractor who will perform the tree removals;
b) Commissioning a third-party arborist to evaluate the health of the remaining trees;
c) Development of a monitoring plan for the remaining trees;
d) Submit a 5-year bond to ensure the health of existing and new trees; and
e) Return to the Forest & Beach Commission with an update on progress towards meeting these conditions. (Refer to Attachment 2)
On June 11, 2020 the Forest & Beach Commission held another hearing and received an update on the status of the conditions imposed at the January 9th meeting and to consider lifting the Stop Work Order. The Commission authorized the lifting of the Stop Work Order once the following additional conditions have been met:
a) Reimburse the City for the cost of the arborist report prepared by the City’s contract arborist;
b) Update the applicant’s arborist report to include monitoring recommendations and the appraised value of the remaining trees;
c) Develop a 5 year monitoring plan for the care of the remaining trees;
d) Deposit the appraised value of the remaining trees into a 5-year bond;
e) Removal of the stump associated with Tree No. 7; and
f) Submit a drainage plan and a landscape plan.(Refer to Attachment 3)
On July 8, 2020, during the public comment period of the Planning Commission meeting, west neighbor Mr. Dick Hewitt requested that the Commission reconsider the Design Study approval in light of the site plan modifications. The Commission directed Mr. Hewitt to work with staff on the issue. Staff consulted with the City Attorney and concluded that the project had in fact been modified as a result of the tree removals and further consideration by the Planning Commission was warranted. Staff notified the property owner in a letter dated August 10, 2020 (Attachment 4). Since that time, staff has been working with the property owner's representative, Anthony Lombardo & Associates to address the items outlined in the August 10th letter.
The Planning Commission is being asked to review the modifications to the site plan.