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HomeMy WebLinkAboutReso - CC - 054-2009RESOLUTION NO. 54-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, DENYING THE APPEAL OF MICHAEL KAINDL AND UPHOLDING THE PLANNING COMMISSION'S MAY 11, 2009, APPROVAL OF THE APPLICATION FOR DESIGN REVIEW AMENDMENT FOR CHANGES TO A PREVIOUSLY APPROVED FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING AT 1140 CORTEZ 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 May 11, 2009, the Planning Commission approved an application for Design Review Amendment for changes to a previously approved first and second story addition to a single family dwelling located at 1140 Cortez Avenue (APN: 026-162-240), and owned by Simon Jang, 1140 Cortez Avenue, Burlingame, California, 94010; and WHEREAS, the Planning Commission's May 11, 2009 approval was appealed by Michael Kaindl, and the City Council conducted a public hearing on the appeal on June 1, 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 May 11, 2009 approval of the application for Design Review Amendment, based upon the Council's finding that the first and second story addition 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 June 1, 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: 15301 Class 1(e)(2) - additions to existing structures provided the addition will not result in an increase of more than 10,000 SF in areas where all public services and facilities are available and the area in which the project is located is not environmentally sensitive.. Said Design Review Amendment is 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 Or I, Mary Ellen Kearny, 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 June, 2009 by the following vote: AYES: COUNCILMEMBERS: KEIGHRAN, NAGEL, O'MAHONY NOES: COUNCILMEMBERS: BAYLOCK ABSENT: COUNCILMEMBERS: DEAL (recused) City Cle k EXHIBIT "A" Conditions of Approval for Categorical Exemption and Design Review Amendment. 1140 Cortez Avenue Effective June 1, 2009 Page 1 that the project shall be built as shown on the plans submitted to the Planning Division date stamped April 3, 2008, sheets A-1 through A-6, G-1, SF and L-1, and dated stamped April 28, 2009, sheets A-1, A-2 and A-4.1 through A-6.1, and that any changes to building materials, exterior finishes, footprint or floor area of the building shall require an amendment to this permit; 2. that the driveway shall be installed in accordance with the plans submitted to the Planning Division, date stamped April 3, 2008; unless an alternative driveway design is reviewed and approved by the Planning Commission that provides for a similar aesthetic affect and opportunity for percolation of water, as an FYI item; that the conditions of the Chief Building Official's February 1, 2008, memo, and the City Engineer's, Fire Marshal's and NPDES Coordinator's February 4, 2008 memos shall be met; that demolition or 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; 5. 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), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to Planning Commission review; 6. 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; 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; 8. 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; 9. 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; EXHIBIT "A" Conditions of Approval for Categorical Exemption and Design Review Amendment. 1140 Cortez Avenue Effective June 1, 2009 Page 2 THE FOLLOWING CONDITIONS SHALL BE MET DURING THE BUILDING INSPECTION PROCESS PRIOR TO THE INSPECTIONS NOTED IN EACH CONDITION 10. 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; 11. 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 12. 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. 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 2009-166372 12:26pm 12/23/09 R1 Fee: 21.00 Count of pages 5 Recorded in Official Records County of San Mateo Warren Slocum Assessor -County Clerk -Recorder ��� I ll lill�lll lll�llll 111 ll Ili it * 2 0 0 9 0 1 6 6 3 7 2 A R THIS SPACE FOR JAN 0 4 2010 :aF K'S OFFICE MLINCAME USE ONLY TITLE OF DOCUMENT: RESOLUTION NO. 54-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DENYING THE APPEAL OF MICHAEL KAINDL AND UPHOLDING THE PLANNING COMMISSION'S MAY 11, 2009 APPROVAL OF THE APPLICATION FOR DESIGN REVIEW AMENDMENT FOR CHANGES TO A PREVIOUSLY APPROVED FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING AT 1140 CORTEZ AVENUE, ON PROPERTY SITUATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE APN: 026-162-240 SIMON JANG 1140 CORTEZ AVENUE BURLINGAME, CA 94010 RESOLUTION NO. 54-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, DENYING THE APPEAL OF MICHAEL KAINDL AND UPHOLDING THE PLANNING COMMISSION'S MAY 11, 2009, APPROVAL OF THE APPLICATION FOR DESIGN REVIEW AMENDMENT FOR CHANGES TO A PREVIOUSLY APPROVED FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING AT 1140 CORTEZ 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 May 11, 2009, the Planning Commission approved an application for Design Review Amendment for changes to a previously approved first and second story addition to a single family dwelling located at 1140 Cortez Avenue (APN: 026-162-240), and owned by Simon Jang, 1140 Cortez Avenue, Burlingame, California, 94010; and WHEREAS, the Planning Commission's May 11, 2009 approval was appealed by Michael Kaindl, and the City Council conducted a public hearing on the appeal on June 1, 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 May 11, 2009 approval of the application for Design Review Amendment, based upon the Council's finding that the first and second story addition 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 June 1, 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: 15301 Class 1(e)(2) - additions to existing structures provided the addition will not result in an increase of more than 10,000 SF in areas where all public services and facilities are available and the area in which the project is located is not environmentally sensitive.. Said Design Review Amendment is 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. 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 ot`fice. Dated - City Clerk City of Burlingame L) 1J� a / I Mayor I, Mary Ellen Kearny, 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 1st day of June, 2009 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: KEIGHRAN, NAGEL, OWAHONY BAYLOCK DEAL (recused) City CIe4k EXHIBIT "A" Conditions of Approval for Categorical Exemption and Design Review Amendment. 1140 Cortez Avenue Effective June 1, 2009 Page 1 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped April 3, 2008, sheets A-1 through A-6, G-1, SF and L-1, and dated stamped April 28, 2009, sheets A-1, A-2 and A-4.1 through A-6.1, and that any changes to building materials, exterior finishes, footprint or floor area of the building shall require an amendment to this permit; 2. that the driveway shall be installed in accordance with the plans submitted to the Planning Division, date stamped April 3, 2008; unless an alternative driveway design is reviewed and approved by the Planning Commission that provides for a similar aesthetic affect and opportunity for percolation of water, as an FYI item; 3. that the conditions of the Chief Building Official's February 1, 2008, memo, and the City Engineer's, Fire Marshal's and NPDES Coordinator's February 4, 2008 memos shall be met; 4. that demolition or 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; 5. 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), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to Planning Commission review; 6. 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; 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; 8. 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; 9. 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; EXHIBIT "A" Conditions of Approval for Categorical Exemption and Design Review Amendment. 1140 Cortez Avenue Effective June 1, 2009 Page 2 THE FOLLOWING CONDITIONS SHALL BE MET DURING THE BUILDING INSPECTION PROCESS PRIOR TO THE INSPECTIONS NOTED IN EACH CONDITION 10. 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; 11. 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 12. 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.