Dear MP City Council Members, Mr. Combs and Team: Attached is my arborist report including concerns, risks and recommendations for preventing tree damage and threat to human lives and public safety. I sincerely appreciate your help for ensuring public safety and not allowing this ADU at the proposed location, given the risks that will be caused by construction right at the base of these massive redwood trees. With 50% of the roots severed, these trees (tallest at 143 foot) will be highly compromised and would endanger more than 8 neighboring properties and many lives. Reattached for convenience is my previous detailed summary of concerns and legal violations, if the ADU is allowed. Sincerely, Kelly Kelly Birmingham (408)464-9895 From: Kelly Birmingham <kelly4440@yahoo.com> Sent: Wednesday, April 2, 2025 9:01 AM To: dcombs@menlopark.gov <dcombs@menlopark.gov>; cttaylor@menlopark.gov <cttaylor@menlopark.gov>; bnash@menlopark.gov <bnash@menlopark.gov>; jnwise@menlopark.gov <jnwise@menlopark.gov>; jdschmidt@menlopark.gov <jdschmidt@menlopark.gov>; city.council@menlopark.gov <city.council@menlopark.gov> Cc: nadoshi@gmail.com <nadoshi@gmail.com>; laura.brown.doshi@gmail.com <laura.brown.doshi@gmail.com>; ckdoniger@yahoo.com <ckdoniger@yahoo.com>; Cc: <ddesmara@pacbell.net>; Law Offices of Robert A. Napolitano <robert@napolitano.com> Subject: FW: 310 Central Ave Project and Human Life/Public Safety Concern Dear Menlo Park City Council Members (Drew and Team), I would like to share information sent to Menlo Park Planning/Building, Public Works and Attorney yesterday. Given the serious nature and human lives at state, neighbors and I appreciate your help to escalate a positive outcome, since this matter goes by far further than any tree protection, or decision at an arborist level (yet we are being told this is being managed at that level). CA State clearly upholds the ordinances and protections required to protect life (regardless of ADU size), and proceeding for the 310 Central ADU permitting would be extreme negligence and in violation of California Building Codes (CBC), International Building Codes (IBC) and CA Code Section 65852.2 for ADU creation (which also ensures public safety and human life protection), as well as California Fire Code (CFC) and International Fire Code (IFC). I appreciate your urgent attention and consideration, since managing this at an arborist level alone, and ignoring the obligations for protecting public safety, will be in violation of CA law. The permit is imminent any day. Please see attached document. Sincerely, Kelly From: Kelly Birmingham <kelly4440@yahoo.com<mailto:kelly4440@yahoo.com>> Sent: Monday, March 31, 2025 6:48 PM To: Chow, Deanna M <DMChow@menlopark.gov<mailto:DMChow@menlopark.gov>>; Doherty, Nira F <NDoherty@bwslaw.com<mailto:NDoherty@bwslaw.com>>; aamitch@menlopark.gov <aamitch@menlopark.gov<mailto:aamitch@menlopark.gov>> Cc: Law Offices of Robert A. Napolitano <robert@napolitano.com<mailto:robert@napolitano.com>>; rjlafrance@menlopark.gov <rjlafrance@menlopark.gov<mailto:rjlafrance@menlopark.gov>> Subject: RE: 310 Central Ave Project and Human Life/Public Safety Concern Hi Deanna, Azalea, and Nira, Thank you for your recent emails. I appreciate your consideration and help for ensuring public safety. Given the urgency and serious concern regarding human life protection (from neighbors and myself), in relation to 310 Centrals proposed ADU location (and imminent dangers from the proposed construction location), I would like to share the attached. I hope this helps more completely frame our concerns, and understanding of the protections and ordinances in place to protect us. We sincerely appreciate your help for ensuring the required protection of our public safety and human lives to avoid any damages and liability that might result from construction at the proposed location. I (and neighbors) would welcome discussing further if you would like. Please let me know if I can provide any additional information at all. Thank you. Sincerely, Kelly Kelly Birmingham (408)464-9895 114 Pope Street Menlo Park From: Chow, Deanna M <DMChow@menlopark.gov<mailto:DMChow@menlopark.gov>> Sent: Friday, March 28, 2025 5:49 PM To: Kelly Birmingham <kelly4440@yahoo.com<mailto:kelly4440@yahoo.com>>; PlanningDept <PlanningDept@menlopark.gov<mailto:PlanningDept@menlopark.gov>>; La France, Ron J <RJLafrance@menlopark.gov<mailto:RJLafrance@menlopark.gov>> Cc: Doherty, Nira F <NDoherty@bwslaw.com<mailto:NDoherty@bwslaw.com>> Subject: RE: 310 Central Ave Project and Human Life/Public Safety Concern Hi Kelly, Thank you for your follow up email. We will be internally coordinating to the review the plans and evaluate the potential health and safety concerns mentioned. I took a quick look at the plans regarding the fencing. It appears that the existing rear fence is to be removed and two new 6-foot wood fences with gates (placed horizontally) are proposed towards the rear of the property to gain access from the alley. The side fences appear to remain. Typically, a wood fence less than seven feet in height does not require a building permit. If the applicant proposes to rebuild the fence (at the same or different location on their property) now or at a future time, they could potentially do so without any discretionary review if the fence complies with the Citys requirements. It does not appear the proposed fence conflicts with the Citys fence regulations. We will follow up once we have had a chance to review the trees and ADU location. Thanks, Deanna [cid:image001.png@01DBA539.E03C2AC0] Deanna M. Chow (she/her) Community Development Director City Hall - 1st Floor 701 Laurel St. tel 650-330-6733 menlopark.gov<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.menlopark.gov%2f&c=E,1,jTrzCPK_G3vJpYJhd6PH6cp0OUp8-cJvxaW36CljMFOMv_Q496JDjwH63rY0QUzb59wMPv4NiZ-hf8S1n2BvFL7qgAuicobEcOX69vM_xSQEsiClThxDMH7q&typo=1> See www.pronouns.org<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.pronouns.org%2f&c=E,1,3oRyJVLAplsxfpbaPPIlwa9fmUup-HMJXPIRQrUnIitgJaxLFOlmWEW9lrQxmA4pkI1CRGzD3DP6m0X1IGOJeKem1u5A0mWdpiglvQgZa6vO3Q,,&typo=1> to learn more about why I share my pronouns. From: Kelly Birmingham <kelly4440@yahoo.com<mailto:kelly4440@yahoo.com>> Sent: Wednesday, March 26, 2025 2:10 PM To: PlanningDept <PlanningDept@menlopark.gov<mailto:PlanningDept@menlopark.gov>>; Chow, Deanna M <DMChow@menlopark.gov<mailto:DMChow@menlopark.gov>>; La France, Ron J <RJLafrance@menlopark.gov<mailto:RJLafrance@menlopark.gov>> Cc: Doherty, Nira F <NDoherty@bwslaw.com<mailto:NDoherty@bwslaw.com>> Subject: RE: 310 Central Ave Project and Human Life/Public Safety Concern Hi Deanna and Ron, I saw the design for the proposed 310 Central Ave ADU and noticed they stated a new fence with a new property line and their proposed design is based on this, making my land smaller. Please note, I do not agree to this change, since the fence line has been the same since the previous original owner (who lived here since the house was built). Also, I hope you received my previous email regarding my serious concern on public safety, regarding the proposed ADU to be built 4 feet from my redwoods, which would damage about 50% of the roots, potentially causing them to fall on any one of 8 neighbor houses. I sincerely appreciate your consideration, since CA ordinances uphold municipality responsibility for protecting human lives and allows in such cases, exceptions for ADU permitting (for less than 800 sq ft) (for protecting human safety). (Please see attached with concerns and details/diagrams). I appreciate your help and consideration. Thank you & Best regards, Kelly Kelly Birmingham 114 Pope Street Owner (for 29 years) From: Kelly Birmingham <kelly4440@yahoo.com<mailto:kelly4440@yahoo.com>> Sent: Monday, March 17, 2025 11:06 AM To: PlanningDept@menlopark.gov<mailto:PlanningDept@menlopark.gov>; dmchow@menlopark.org<mailto:dmchow@menlopark.org>; dmchow@menlopark.gov<mailto:dmchow@menlopark.gov> Cc: ndoherty@bwslaw.com<mailto:ndoherty@bwslaw.com> Subject: 310 Central Ave Project and Human Life/Public Safety Concern Hi Deanna, I and immediately surrounding neighbors would like to request your help and urgent attention for the matter detailed in the attached letter. Given the gravity and lives potentially at stake, as well as Menlo Parks ability and responsibility to uphold and protect human and public safety, we appreciate your consideration for ensuring our safety. I would welcome meeting to discuss, or to provide further information. I sincerely appreciate your help and input on next best steps. Sincerely, Kelly Kelly Birmingham (408)464-9895