HomeMy WebLinkAbout2010-06-07 Ordinance 5083Ordinance No. 5083
Ordinance of the Council of the City of Palo Alto Approving
and Adopting a Plan for a New Greenhouse and Shed
Located in the Baylands
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings .. The City Council finds and declares that:
(a) Article VIII of the Charter and Section 22.08.005 of the Palo Alto Municipal
Code require that, before any substantial building, construction, reconstruction or development is
commenced or approved, upon or with respect to any land held by the City for park purposes, the
Council shall first cause to be prepared and by ordinance approve and adopt a plan therefor.
(b) The City-owned Baylands is dedicated to park purposes.
(c) The City intends to authorize the construction of a new greenhouse,
measuring 28 feet in length by 20 feet in width by 8.5 feet in height, to be located near an
existing native plant nursery, and authorize the replacement of the existing work shed (400 sq.
ft.) with a new work shed (625 sq. ft.) at the Baylands Nature Preserve for the purpose of
meeting the Baylands' restoration goals, enunciated in the Baylands Master Plan and the draft
Baylands Conservation Plan, including providing a sheltered, moisture-and rodent-proof storage
area for native plant seeds and gardening tools, as set forth in the project description relating to
the Baylands Native Plant Nursery Facility Improvement Project (the "Plan"):
(1) Movement, excavation and grading of soil necessary to prepare the
site for the construction and installation of the greenhouse and work
shed.
(2) Clearing of vegetation and trimming of existing shrubs and trees in
accordance with City policies and as necessary to provide equipment
access for the construction and to complete any necessary
landscaping.
(3) Adjustment and restoration of existing plantings to accommodate the
proposed improvement.
(4) Construction of structure equipment, and irrigation system in
accordance with the Plan and the City's Baylands Design Guidelines.
(d) The improvements at the Baylands Nature Preserve will encompass the
northwestern comer of the Baylands Nature Preserve adjacent the Duck Pond.
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(e) The project improvements will avoid protected trees and other sensitive
. resources. In addition, existing park uses will be restored following the completion of project
construction.
(f) The project described above and as more specifically described in the Plan,
attached hereto as Exhibit "A", is consistent with park and conservation purposes.
(g) The Council desires to approve the project described above and as more
specifically described in the Plan.
SECTION 2. The Council hereby approves the Plan fot the construction of a
new greenhouse, the replacement of the existing work shed, and the installation of site amenities
at the Baylands. It hereby adopts the attached Plan.
SECTION 3. The Council finds that the project to construct a new greenhouse
and replace the existing work shed at the Baylands Nature Preserve is subject to review under the
California Environmental Quality Act (CEQA).
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EXHIBIT "A"
Baylands Native Plant Nursery Facility Improvement Project Description
The final Plans submitted for building permit shall include the following information and notes
on the relevant plan sheets:
a. Sheet T-I Tree Protection-it's Part of the Plan
(http://www.cityofpaloalto.org/environmentiurbancanopy.asp), " Applicant shall
complete the Tree Disclosure Statement. Inspections and monthly reporting by the
project, arborists are mandatory. (All projects: check #1; with tree preservation
report: check #2-6; with landscape plan: check #7.)
b. Protective Tree Fencing Type. Delineate on grading plans, irrigation plans, site plans
and utility plans, Type II fencing around Street Trees and Type I fencing around
ProtectedlDesignated trees as a bold dashed line enclosing the Tree Protection Zone
per on Detail #605, Sheet T-I, and the City Tree Technical Manual, Section 6.35-Site
Plans.
Prior to demolition, grading or building permit issuance, a written verification from the
contractor that the required protective fencing is in place shall" be submitted to the Building
Inspections Division. The fencing shall contain required warning sign and remain in place until
inspection of the project. "
Tree Damage, Injury Mitigation and Inspections apply to Contractor. Reporting, injury
mitigation measures and arborist inspection schedule (1-5) apply pursuant to TIM, Section 2.20-
2.30. Contractor shall be responsible for the repair or replacemei1t any publicly owned or
protected trees that are damaged during the course of construction, pursuant to Title 8 of the Palo
Alto Municipal Code, and city Tree Technical Manual, Section 2.25.
The following general tree preservation measures apply to all trees to be retained: No storage of
material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. The
ground under and around the tree canopy area shall not be altered. Trees to be retained shall be
irrigated, aerated and maintained as necessary to ensure survival.
Maintenance~ For the life of the project, all landscape and trees shall be reasonably well-
maintained, watered, fertilized, and pruned according to Nursery and American National
Standards for Tree, Shrub and Other Woody Plant Maintenance-Standard Practices (ANSI
A300-1995) as outlined in the Palo Alto Tree Technical Manual.
Required Mitigations
To avoid or minimize impacts to nesting herons and egrets and chicks, all construction related
activities shall not begin until July or August, at the earliest, when the chicks are large enough
that they can thermo-regulate themselves and until construction is "approved by the San Francisco
Bay Bird Observatory (SFBBO) after nests have been monitored. However, since late nesting
attempts may extend beyond these dates, a qualified biologist from SFBBO will ·confirm that
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herons and egrets are no longer occupying the colony site or that disturbance will not impact
successful breeding before construction begins. .
During construction, no trees or tree roots shall be disturbed or removed in order to protect
perching and roosting habitat for the snowy egret and black crowned night heron rookery.
Protective tree fencing, per the Tree Technical Manual, for all trees in the project vicinity shall
be required for the duration of the construction activities.
Removal of vegetation shall be limited to only the amount necessary for the new facility's
footprint, but no more than 600 square feet.
Protective fencing shall be placed outside of the root zone/drip line of all vegetation (other than
trees) in the project vicinity for the duration of the construction activities.
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