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HomeMy WebLinkAboutReso - CC - 013-2011RESOLUTION NO. 13-2011 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, DENYING THE APPEAL OF PETER GONG AND UPHOLDING THE PLANNING COMMISSION'S FEBRUARY 14, 2011, APPROVAL OF THE APPLICATION FOR DESIGN REVIEW FOR A NEW, TWO-STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE AT 704 NEWHALL ROAD, ON PROPERTY SITUATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT: WHEREAS, on February 14, 2011, the Planning Commission approved an application for Design Review for a new, two-story single family dwelling and detached garage located at 704 Newhall Road (APN: 028-142-390), owned by Jack Panos, 615 W. Santa Inez Avenue, Hillsborough, CA, 94010; and WHEREAS, the Planning Commission's February 14, 2011 approval was appealed by Peter Gong, and the City Council conducted a public hearing on the appeal on March 21, 2011; denying the appeal and upholding the Planning Commission's approval. NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT: The City Council hereby denies the appeal and upholds the Planning Commission's February 14, 2011 approval of the application for Design Review, based upon the Council's finding that the new, two-story single family dwelling is well-designed, is consistent with the mass and bulk in the neighborhood, that the architectural style is consistent throughout the house and that it will improve the character of the block and enhance the design of the community. Additional findings for the City Council's action are as set forth in the minutes and recording of the City Council meeting of March 21, 2011. 2. On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this council, 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 (a), which states that construction of a limited number of new, small facilities or structures including one single family residence or a second dwelling unit in a residential zone is exempt from environmental review, is hereby approved. In urbanized areas, up to three single-family residences maybe constructed or converted under this exemption. 3. Said Design Review is approved subject to the conditions set forth in Exhibit "A' attached hereto. 4. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. Mayor EXHIBIT A CONDITIONS OF APPROVAL — 704 NEWHALL ROAD DESIGN REVIEW that the project shall be built as shown on the plans submitted to the Planning Division date stamped February 2, 2011, sheets Al through A8, L1.0 and L2.0; 2. that from the point of the existing 32 -inch diameter tree within the rear yard of 707 Walnut Avenue on the common property line with the subject site northwesterly on the subject site to the northwest property corner, the landscape plan shall be revised to replace the proposed 5 -gallon Euonymus japonicas ("Green Spire") with rapid -growing, 15 -gallon Pittosporum of a variety and number that will ensure that at maturity, will obscure views into the pool area located within the rear yard of 707 Walnut Avenue; 3. that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staff); that any changes to the size or envelope of the first or second floors, or garage, which would include adding or enlarging a dormer(s), shall require an amendment to this permit; that the conditions of the Chief Building Official's January 7, 2011 and November 5, 2010 memos, the City Engineer's November 15, 2010 memo, the Fire Marshal's November 8, 2010 memo, the Parks Supervisor's January 12, 2011 and November 8, 2010 memos, and the NPDES Coordinator's November 4, 2010 memo shall be met; that any recycling containers, debris boxes or dumpsters for the construction project shall be placed upon the private property, if feasible, as determined by the Community Development Director; 7. that demolition for removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 8. that prior to issuance of a building permit for construction of the project, the project construction plans shall be modified to include a cover sheet listing all conditions of approval adopted by the Planning Commission, or City Council on appeal; which shall remain a part of all sets of approved plans throughout the construction process. Compliance with all conditions of approval is required; the conditions of approval shall not be modified or changed without the approval of the Planning Commission, or City Council on appeal; 9. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single termination and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 10. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 11. that during demolition of the existing residence, site preparation and construction of the new residence, the applicant shall use all applicable "best management practices" as identified in Burlingame's Storm Water Ordinance, to prevent erosion and off-site sedimentation of storm water runoff; EXHIBIT A CONDITIONS OF APPROVAL — 704 NEWHALL ROAD DESIGN REVIEW 12. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2010 Edition, as amended by the City of Burlingame; THE FOLLOWING CONDITIONS SHALL BE MET DURING THE BUILDING INSPECTION PROCESS PRIOR TO THE INSPECTIONS NOTED IN EACH CONDITION: 13. that prior to scheduling the foundation inspection, a licensed surveyor shall locate the property corners, set the building footprint and certify the first floor elevation of the new structure(s) based on the elevation at the top of the form boards per the approved plans; this survey shall be accepted by the City Engineer; 14, that prior to scheduling the framing inspection the project architect or residential designer, or another architect or residential design professional, shall provide an architectural certification that the architectural details shown in the approved design which should be evident at framing, such as window locations and bays, are built as shown on the approved plans; architectural certification documenting framing compliance with approved design shall be submitted to the Building Division before the final framing inspection shall be scheduled; 15. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Division; and 16. that prior to final inspection, Planning Division staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans. 2 Ri-ECEIVE® MAY 2 3 2011 CITY CLERK'S OFFICE �._v r n.`LItJGAME Recording Requested by: Mary Ellen Kearney, City Clerk 2011-052158 City of Burlingame 9:03 am 05/09111 R1 Fee: 27.00 501 Primrose Road Count of Pages 5 Burlingame, CA 94010 Recorded in Official Records g , County of San Mateo Mark Church Assessor -count Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1iIIIIIIIPI I1 When Recorded Mail to. II111111 IPI Mary Ellen Kearney, City Clerk City of Burlingame 501 Primrose Road Burlingame, CA 94010 THIS SPACE FOR RECORDER'S USE ONLY 5 TITLE OF DOCUMENT: RESOLUTION NO. 13-2011 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DENYING THE APPEAL OF PETER GONG AND UPHOLDING THE PLANNING COMMISSION'S FEBRUARY 14, 2011 APPROVAL OF THE APPLICATION FOR DESIGN REVIEW FOR A NEW TWO STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE AT 704 NEWHALL ROAD, ON PROPERTY SITUATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE APN: 028-142-390 JACK PANOS 704 NEWHALL ROAD BURLINGAME, CA 94010 RESOLUTION NO. 13-2011 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, DENYING THE APPEAL OF PETER GONG AND UPHOLDING THE PLANNING COMMISSION'S FEBRUARY 14, 2011, APPROVAL OF THE APPLICATION FOR DESIGN REVIEW FOR A NEW, TWO-STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE AT 704 NEWHALL ROAD, ON PROPERTY SITUATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT: WHEREAS, on February 14, 2011, the Planning Commission approved an application for Design Review for a new, two-story single family dwelling and detached garage located at 704 Newhall Road (APN: 028-142-390), owned by Jack Panos, 615 W. Santa Inez Avenue, Hillsborough, CA, 94010; and WHEREAS, the Planning Commission's February 14, 2011 approval was appealed by Peter Gong, and the City Council conducted a public hearing on the appeal on March 21, 2011; denying the appeal and upholding the -Planning Commission's approval. NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT: The City Council hereby denies the appeal and upholds the Planning Commission's February 14, 2011 approval of the application for Design Review, based upon the Council's finding that the new, two-story single family dwelling is well-designed, is consistent with the mass and bulk in the neighborhood, that the architectural style is consistent throughout the house and that it will improve the character of the block and enhance the design of the community. Additional findings for the City Council's action are as set forth in the minutes and recording of the City Council meeting of March 21, 2011. 2. On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this council, 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 (a), which states that construction of a limited number of new, small facilities or structures including one single family residence or a second dwelling unit in a residential zone is exempt from environmental review, is hereby approved. In urbanized areas, up to three single-family residences maybe constructed or converted under this exemption. 3. Said Design Review is approved subject to the conditions set forth in Exhibit "A" attached hereto. 4. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. I hereby certify this to be a full, true and correct copy of the document It purports to be, the original of which Is on file In MY office. Dated. City Cie City of Burlingeme , /r� Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the City Council held on the 21st day of March, 2011 by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, REIGHRAN, NAGEL, BROWNRIGG, DEAL NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE City Clerl 2 EXHIBIT A CONDITIONS OF APPROVAL — 704 NEWHALL ROAD DESIGN REVIEW that the project shall be built as shown on the plans submitted to the Planning Division date stamped February 2, 2011, sheets Al through A8, L1.0 and L2.0; 2. that from the point of the existing 32 -inch diameter tree within the rear yard of 707 Walnut Avenue on the common property line with the subject site northwesterly on the subject site to the northwest property corner, the landscape plan shall be revised to replace the proposed 5 -gallon Euonymus japonicas ("Green Spire") with rapid -growing, 15 -gallon Pittosporum of a variety and number that will ensure that at maturity, will obscure views into the pool area located within the rear yard of 707 Walnut Avenue; 3. that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staff); 4. that any changes to the size or envelope of the first or second floors, or garage, which would include adding or enlarging a dormer(s), shall require an amendment to this permit; 5. that the conditions of the Chief Building Official's January 7, 2011 and November 5, 2010 memos, the City Engineer's November 15, 2010 memo, the Fire Marshal's November 8, 2010 memo, the Parks Supervisor's January 12, 2011 and November 8, 2010 memos, and the NPDES Coordinator's November 4, 2010 memo shall be met; 6. that any recycling containers, debris boxes or dumpsters for the construction project shall be placed upon the private property, if feasible, as determined by the Community Development Director; 7. that demolition for removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 8. that prior to issuance of a building permit for construction of the project, the project construction plans shall be modified to include a cover sheet listing all conditions of approval adopted by the Planning Commission, or City Council on appeal; which shall remain a part of all sets of approved plans throughout the construction process. Compliance with all conditions of approval is required; the conditions of approval shall not be modified or changed without the approval of the Planning Commission, or City Council on appeal; 9. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single termination and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 10. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 11. that during demolition of the existing residence, site preparation and construction of the new residence, the applicant shall use all applicable "best management practices" as identified in Burlingame's Storm Water Ordinance, to prevent erosion and off-site sedimentation of storm water runoff; EXHIBIT A CONDITIONS OF APPROVAL — 704 NEWHALL ROAD DESIGN REVIEW 12. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2010 Edition, as amended by the City of Burlingame; THE FOLLOWING CONDITIONS SHALL BE MET DURING THE BUILDING INSPECTION PROCESS PRIOR TO THE INSPECTIONS NOTED IN EACH CONDITION: 13. that prior to scheduling the foundation inspection, a licensed surveyor shall locate the property corners, set the building footprint and certify the first floor elevation of the new structure(s) based on the elevation at the top of the form boards per the approved plans; this survey shall be accepted by the City Engineer; 14. that prior to scheduling the framing inspection the project architect or residential designer, or another architect or residential design professional, shall provide an architectural certification that the architectural details shown in the approved design which should be evident at framing, such as window locations and bays, are built as shown on the approved plans; architectural certification documenting framing compliance with approved design shall be submitted to the Building Division before the final framing inspection shall be scheduled; 15. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Division; and 16. that prior to final inspection, Planning Division staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans. 2