HomeMy WebLinkAboutReso - CC - 039-2009RESOLUTION NO. 39-2009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, DENYING THE APPEAL OF
ART AND KEALANI LABRIE AND UPHOLDING THE PLANNING COMMISSION'S MARCH 9, 2009,
APPROVAL OF THE APPLICATION FOR DESIGN REVIEW, HILLSIDE AREA CONSTRUCTION
PERMIT, VARIANCE FOR HEIGHT AND SPECIAL PERMIT FOR AN ATTACHED GARAGE FOR A
NEW, THREE AND ONE HALF STORY SINGLE FAMILY DWELLING AT 2843 ADELINE DRIVE, ON
PROPERTY SITUATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE
RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT:
WHEREAS, on March 9, 2009, the Planning Commission approved an application for Design
Review, Hillside Area Construction Permit, Variance for height and Special Permit for an attached
garage for a new, three and a half story single family dwelling located at 2843 Adeline Drive (APN: 027-
093-310), owned by Denham LLC, 851 Burlway Road Suite 710, Burlingame, California, 94010; and
WHEREAS, the Planning Commission's March 9, 2009 approval was appealed by Art and
Kealani Labrie, and the City Council conducted a public hearing on the appeal on April 20, 2009;
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 March 9,
2009 approval of the application for Design Review, Hillside Area Construction Permit, Variance
for height and Special Permit for attached garage, based upon the Council's finding that the new
three and a half story single family dwelling and attached garage 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 April 20, 2009.
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, Hillside Area Construction Permit, Variance and Special Permit 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 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 20th day of
April, 2009 by the following vote:
AYES: COUNCILMEMBERS: DEAL, KEIGHRAN, NAGEL, BAYLOCK, O,MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL — 2843 ADELINE DRIVE
DESIGN REVIEW, HILLSIDE AREA CONSTRUCTION PERMIT, HEIGHT VARIANCE AND
SPECIAL PERMIT
that the project shall be built as shown on the plans submitted to the Planning Division date
stamped January 27, 2009, sheets A02 through A09, and date stamped December 2, 2008,
sheets A00 through A01c, A10 through A16 and Preliminary Grading and Drainage Plan;
2. that the deck lying adjacent to bedrooms 2 and 3 shall be reduced in size to one-half of the depth
and one-half of the width, as shown on the approved plans;
3. that tree protection measures shall be implemented for the Oak tree across the street from the
property (near 2838 Adeline Drive) during project construction; to the satisfaction of the City
Arborist;
4. that the planting plan for the trees to be located along the left side of the structure shall be
presented to the Planning Commission as an FYI, prior to issuance of a Building Permit;
5. 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);
6. 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;
7. that if the structure is demolished or the envelope changed at a later date the Special Permit and
Variance as well as any other exceptions to the code granted here will become void;
8. that the property owner shall be responsible for implementing and maintaining all tree protection
measures as defined in the arborist report by Peninsula Tree Care Inc. and date stamped by the
Planning Department on June 30, 2008;
9. that the conditions of the Chief Building Official's July 2, 2008 memo, the City Engineer's July 22,
2008 memo, the Fire Marshal's July 7, 2008 memo, the City Arborist's July 30, 2008 memo, and
the NPDES Coordinator's July 7, 2008 memo shall be met;
10. 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;
11. 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;
EXHIBIT A
CONDITIONS OF APPROVAL — 2843 ADELINE DRIVE
DESIGN REVIEW, HILLSIDE AREA CONSTRUCTION PERMIT, HEIGHT VARIANCE AND
SPECIAL PERMIT
12. 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;
13. 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;
14. 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;
15. 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
16. 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;
17. 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;
18. 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 Department; and
19. that prior to final inspection, Planning Department 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.
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