DS 19-128 (Santa Rita 2 SW of 5th): Consideration of site plan modifications to Design Study (DS 19-128, Mei) resulting from the removal of significant trees on a vacant lot located on Santa Rita 2 southwest of 5^th Avenue in the Single Family (R-1) Zoning District. (APN 010-038-002)

CEQA Action: Staff recommends the project be found categorically exempt from CEQA pursuant to Section 15303 (Class 3) – New Construction or Conversion of Small Structures.

Adopt a Resolution (Attachment 1) approving the site plan modification for the single-family residential project located on Santa Rita 2 southwest of 5th Avenue.

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.

The Design Study (DS 19-128) approval for the construction of a new single-family residence at Santa Rita 2 SW of 5th is subject to compliance with the conditions of approval adopted by the Planning Commission on June 12, 2019 (Attachment 5). Among other things, the Conditions of Approval require the following:

• All foundations located within 15 feet of significant trees must be excavated by hand (COA No. 6);
• If any tree roots greater than 2 inches are encountered during construction, the City Forester shall be contacted prior to cutting any roots (COA No. 6);
• Any modifications to the approved project plans must be approved by the City (COA No. 8); and
• The area around the master bedroom shall be hand dug due to its proximity to the root protection zone of a 30-inch significant Monterey cypress (Special COA No. 26).

Additionally, the Conditions of Approval require that any modification be approved prior to incorporating the change or all work must cease on the project site until such time that the change has been approved by staff and/or the Planning Commission (COA No. 8).

The use of heavy equipment to excavate the site violated the Conditions of Approval for the project and resulted in damage to significant trees that subsequently had to be removed. This resulted in a modification to the approved site plan which was designed in part to preserve and protect existing trees on the property.

The property owner, Ms. Jie (Connie) Mei, consulted with her architect and a licensed engineer regarding the implications of the tree removal to the site design. Due to a number of site planning considerations, Ms. Mei is not proposing any additional changes to the project but rather intends to replace the removed trees with new trees in the same locations (refer to Attachment 6). An additional tree would also be planted at the southwest corner of the property.

Site Planning Considerations

The project site slopes from north to south. The Mei residence has been sited along the north property line (high side) of the lot and maintains generous setbacks from the small cottage to the south. The north residence is also sited on the northern portion of their lot leaving a generous amount of open space between the two properties.

Siting the Mei residence along the north property line maximizes southern exposure on the side patio and provides natural light to the interior living spaces. The attached garage is also sited on the north side of the lot away from the low point at the southeast corner of the property which is more prone to flooding. The project also includes a second floor deck that captures a southwestern view of the ocean.

At the May 8, 2019 concept review hearing on the Design Study, the Planning Commission asked Ms. Mei make a number of modifications to the project including,

a)      Shifting the building footprint 3 feet to the east;

b)      Reducing the size of the second floor deck;

c)       Removal of the exterior staircase leading to the second floor deck; and,

d)      Maintaining a 10-foot setback between the rear property line and edge of the deck.

All of the requested modifications were incorporated and the Design Study was approved on June 12, 2019.

The removal of significant trees as a result of excavation of the site eliminated a mature tree canopy that covered the property. The applicant is proposing to replace the canopy with the planting of three, new 36-inch or 48-inch box trees. One Monterey pine and one Monterey cypress would replace the two trees removed and would be located in the same area at the south patio. The third tree, a Monterey cypress, would be planted at the southwest corner of the lot where there is adequate space and no potential conflicts with utilities.

All other aspects of the project are proposed to remain the same. The temporary extension on the rear yard fence was installed prior to the start of construction and remains in place. This provides an additional layer of privacy to the west neighbors (Hewitt’s) during construction and until such time the approved landscape screening along the rear property line reaches the desirable height.