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HomeMy WebLinkAboutReso - CC - 009-2010RESOLUTION NO. 9_2010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, DENYING THE APPEAL OF ANGELA VALLES AND UPHOLDING THE PLANNING COMMISSION'S DECEMBER 14, 2009, APPROVAL OF THE APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMITS FOR HEIGHT AND DECLINING HEIGHT ENVELOPE FOR FIRST AND SECOND STORY ADDITION QUALIFYING AS SUBSTANTIAL CONSTRUCTION AT 1441 BALBOA AVENUE, ON PROPERTY SITUATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT: WHEREAS, on December 14, 2009, the Planning Commission approved an application for Design Review and Special Permits for height and declining height envelope for a first and second story addition qualifying as substantial construction located at 1441 Balboa Avenue (APN: 026-014- 110), owned by Jay Trygstad and Theresa Hei, 1441 Balboa Avenue, Burlingame, CA, 94010; and WHEREAS, the Planning Commission's December 14, 2009 approval was appealed by Angela Valles, and the City Council conducted a public hearing on the appeal on February 1, 2010; 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 December 14, 2009 approval of the application for Design Review and Special Permits for height and declining height envelope, based upon the Council's finding that the first and second story addition qualifying as substantial construction 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 February 1, 2010. 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. In urbanized areas, up to three single-family residences maybe constructed or converted under this exemption. Said Design Review and Special Permits are 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 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 1'` day of February, 2010 by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, DEAL, KEIGHRAN, NAGEL NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BROWN RIGG (Recused) City Clerk EXHIBIT A CONDITIONS OF APPROVAL —1441 BALBOA AVENUE DESIGN REVIEW AND SPECIAL PERMITS that the project shall be built as shown on the plans submitted to the Planning Division date stamped November 13, 2009, sheets A.1 through A.9, Landscape Plan and Boundary and Partial Topographic Survey; 2. 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); 3. that a window shall be added to the front elevation of the structure adjacent to the porch; the curb -cut for the driveway shall be narrowed to the greatest extent possible to improve the space available for on -street parking; and vine pockets shall be installed along the driveway, adjacent to the property at 1437 Balboa Avenue; these items shall be submitted for consideration and approval by the Planning Commission as an FYI, in advance of issuance of a building permit for the project; 4. that the applicant shall purchase and install two 24 -inch box sized trees of a species listed on the Planning Division tree list selected by the adjacent neighbor at 1437 Balboa Avenue, to be planted on the property at 1437 Balboa Avenue; 5. that all proposed debris boxes shall be stored on the site during demolition and construction; 6. that a tree protection plan shall be prepared by a certified arborist's to show how the Birch tree will be protected during construction, the tree protection plan and installation shall be reviewed and approved by the Parks Department; 7. that any changes to the size or envelope of the basement, first or second floors, or garage, which would include adding or enlarging a dormer(s), shall require an amendment to this permit; 8. that the conditions of the Chief Building Official's September 14, 2009 and October 16, 2009 memos, the City Engineer's September 18, 2009 memo, the Fire Marshal's September 14, 2009 memo, the City Arborist's September 15, 2009 memo, and the NPDES Coordinator's September 14, 2009 memo shall be met; 9. 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; 10. 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; 11. 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; EXHIBIT A CONDITIONS OF APPROVAL —1441 BALBOA AVENUE DESIGN REVIEW AND SPECIAL PERMITS 12. 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; 13. 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; 14. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2007 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 15. 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; 16. 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; 17. 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 18. 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 Recording Requested by: Mary Ellen Kearney, City Clerk City of Burlingame 501 Primrose Road Burlingame, CA 94010 When Recorded Mail to: Mary Ellen Kearney, City Clerk City of Burlingame 501 Primrose Road Burlingame, CA 94010 RECEIVED DEC 13 2010 2010-145292 CITV OF 11:26 am 11/30/10 R7 Fee: 27.00 Count of Pages 5 Recorded in Official Records County of San Mateo Warren Slocum $���jIII 1111� rder 11111111111111111111111cr * R 0 0 0 1 0 9 0 6 2 9 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: RESOLUTION NO. 9-2010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DENYING THE APPEAL OF ANGELA VALLES AND UPHOLDING THE PLANNING COMMISSION'S DECEMBER 14, 2009 APPROVAL OF THE APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMITS FOR HEIGHT AND DECLINING HEIGHT ENVELOPE FOR FIRST AND SECOND STORY ADDITION QUALIFYING AS SUBSTANTIAL CONSTRUCTION AT 1441 BALBOA AVENUE, ON PROPERTY SITUATED WITHIN A SINGLE FAMILY RESIDENTIAL (R-1) ZONE APN: 026-014-110 JAY TRYGSTAD & THERESA HEI 1441 BALBOA AVENUE CA 94010 OFFICE ;,-GAW RESOLUTION NO, 9.-2010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, DENYING THE APPEAL OF ANGELA VALLES AND UPHOLDING THE PLANNING COMMISSION'S DECEMBER 14, 2009, APPROVAL OF THE APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMITS FOR HEIGHT AND DECLINING HEIGHT ENVELOPE FOR FIRST AND SECOND STORY ADDITION QUALIFYING AS SUBSTANTIAL CONSTRUCTION AT 1441 BALBOA AVENUE, ON PROPERTY SITUATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT: WHEREAS, on December 14, 2009, the Planning Commission approved an application for Design Review and Special Permits for height and declining height envelope for a first and second story addition qualifying as substantial construction located at 1441 Balboa Avenue (APN: 026-014- 110), owned by Jay Trygstad and Theresa Hei, 1441 Balboa Avenue, Burlingame, CA, 94010; and WHEREAS, the Planning Commission's December 14, 2009 approval was appealed by Angela Valles, and the City Council conducted a public hearing on the appeal on February 1, 2010; 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 December 14, 2009 approval of the application for Design Review and Special Permits for height and declining height envelope, based upon the Council's finding that the first and second story addition qualifying as substantial construction 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 February 1, 2010. 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. In urbanized areas, up to three single-family residences maybe constructed or converted under this exemption. 3. 0 Said Design Review and Special Permits are approved subject to the conditions set forth in Exhibit "A" attached hereto. It is further directed that a certified copy of this resolution be recorded in the of"cial records of the 1 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 //- I I; City Clerk City of Burlingame 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 1" day of February, 2010 by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, DEAL, KEIGHRAN, NAGEL NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BROWN RIGG (Recused) W` City Clerk EXHIBIT A CONDITIONS OF APPROVAL — 1441 BALBOA AVENUE DESIGN REVIEW AND SPECIAL PERMITS that the project shall be built as shown on the plans submitted to the Planning Division date stamped November 13, 2009, sheets A.1 through A.9, Landscape Plan and Boundary and Partial Topographic Survey; 2. 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); 3. that a window shall be added to the front elevation of the structure adjacent to the porch; the curb -cut for the driveway shall be narrowed to the greatest extent possible to improve the space available for on -street parking; and vine pockets shall be installed along the driveway, adjacent to the property at 1437 Balboa Avenue; these items shall be submitted for consideration and approval by the Planning Commission as an FYI, in advance of issuance of a building permit for the project; 4. that the applicant shall purchase and install two 24 -inch box sized trees of a species listed on the Planning Division tree list selected by the adjacent neighbor at 1437 Balboa Avenue, to be planted on the property at 1437 Balboa Avenue; 5. that all proposed debris boxes shall be stored on the site during demolition and construction; 6. that a tree protection plan shall be prepared by a certified arborist's to show how the Birch tree will be protected during construction, the tree protection plan and installation shall be reviewed and approved by the Parks Department; that any changes to the size or envelope of the basement, first or second floors, or garage, which would include adding or enlarging a dormer(s), shall require an amendment to this permit; 8. that the conditions of the Chief Building Official's September 14, 2009 and October 16, 2009 memos, the City Engineer's September 18, 2009 memo, the Fire Marshal's September 14, 2009 memo, the City Arborist's September 15, 2009 memo, and the NPDES Coordinator's September 14, 2009 memo shall be met; 9. 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; 10. 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; 11. 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; EXHIBIT A CONDITIONS OF APPROVAL —1441 BALBOA AVENUE DESIGN REVIEW AND SPECIAL PERMITS 12. 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; 13. 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; 14. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2007 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 15. 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; 16. 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; 17. 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 18. 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.