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HomeMy WebLinkAboutReso - CC - 092-2007RESOLUTION NO. 92-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, DENYING THE APPEAL OF FRANK AND JOYCE SULGIT, BRIAN AND LINDA MURPHY, HELAINE DARLING, AND MIKE AND NOELEEN PATTISON, OF THE PLANNING COMMISSION'S NOVEMBER 13, 2007, APPROVAL OF THE APPLICATION FOR DESIGN REVIEW, HILLSIDE AREA CONSTRUCTION PERMIT, AND SETBACK VARIANCES FOR A MAIN AND LOWER LEVEL ADDITION TO A RESIDENCE AT 3105 MARGARITA AVENUE, ON PROPERTY LOCATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE RESOLVED. BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT: WHEREAS, on November 13, 2007, the Planning Commission approved Design Review, Hillside Area Construction Permit, and Setback Variances, and adopted a Categorical Exemption, related to the construction of a main and lower level addition to an existing residence on property located at 3105 Margarita Avenue (APN: 027-015-020), and owned by Mike Kerwin and Amy Penticoff, 3105 Margarita Avenue, Burlingame, California; and WHEREAS, the Planning Commission's November 13, 2007 approval was appealed by Frank and Joyce Sulgit, Brian and Linda Murphy, Helaine Darling, and Mike and Noeleen Pattison, and the City Council conducted a public hearing on the appeal on December 17, 2007; denying the appeal and upholding the Planning Commission's approval. NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT: 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 if the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and the area in which the project is located is not environmentally sensitive, and Section 15305 Class 5(a) - setback variances not resulting in the creation of any new parcel. 2. Said Design Review, Hillside Area Construction Permit and Variances are approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Design Review, Hillside Area Construction Permit and Variances are as set forth in the staff report, minutes, and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. L.A. /1* . 0, Mayor 1 of 2 RESOLUTION NO. City Council Agenda — December 17, 2007 APPEAL — 3105 Margarita Avenue 1, Doris Mortensen, City Clerk of the City of Burlingame, do hereby certify that the foregoingq resolution was introduced and adopted at a regular meeting of the City Council held on the 17` day of December, 2007 by the following vote: AYES: COUNCILMEMBERS: BAYLOCR, %EIGHBAN, NAGEL, WMAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: DEAL cc. City Clerk 2of2 Wcu:Irr_1 Conditions of Approval — 3105 Margarita Avenue Approved by the City Council on December 17, 2007 that the project shall be built as shown on the plans submitted to the Planning Department Sheets A2.0, A2.1, A2.2, A2.4, and A3.2 (date-stamped August 30, 2007) and Sheets A1.0, A1.1, A2.3, A2.5, A3.1, A3.3 (date-stamped October 11, 2007) 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 conditions of the Chief Building Official's August 22, 2007 memo, the City Engineer's March 26, 2007 memo, the Fire Marshal's March 27, 2007 memo, the City Arborist's October 16, 2007 memo, and the NPDES Coordinator's March 23, 2007 memo shall be met; 3. that the fence between 3101 Margarita Avenue and 3105 Margarita Avenue shall be repaired; that the applicant shall prepare plans for the repair and/or replacement of the downhill neighbor's fence; and shall submit these plans as an FYI to the Planning Commission; 4. that the applicant and neighbors work with the City Arborist to identify the appropriate species and optimal location for the three (3) replacement trees to be planted on the property to ensure that the trees do not grow to a height greater than 15 -feet and that they are placed anywhere on the property that will not adversely impact views from the uphill property; 5. that if the structure is demolished or the envelope changed at a later date the front and side setback variances, as well as any other exceptions to the code granted here, will become void; 6. 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; 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; 8. 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; 9. 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; 1 of 2 EXHIBIT A Conditions of Approval - 3105 Margarita Avenue Approved by the City Council on December 17, 2007 10. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 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 11. 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; 12. 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 13. 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. 2 of 2 Recording Requested by: Doris J. Mortensen, City Clerk City of Burlingame 501 Primrose Road Burlingame, CA 94010 When Recorded Mail to: Doris J. Mortensen, City Clerk City of Burlingame 501 Primrose Road 2008-010720 11:03am 02/01/08 R1 Fee: NO FEE Count of pages 5 Recorded in Official Records County of San Mateo Warren Slocum Assessor -County Clerk -Recorder II I 1 1I III I II III 1 1 11 1111i11 11� * 2 0 0 8 0 0 1 0 7 2 0 A R * THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: RESOLUTION 92-2007 DENYING APPEAL OF THE PLANNING COMMISSION'S NOVEMBER 13, 2007 APPROVAL OF APPLICATION FOR DESIGN REVIEW, HILLSIDE AREA CONSTRUCTION PERMIT AND SETBACK VARIANCES FOR A MAIN AND LOWER LEVEL ADDITION TO A RESIDENCE AT 3105 MARGARITA AVENUE, BURLINGAME 94010 APN: 027-015-020 Owners: MIKE KERWIN AND AMY PENTICOFF RESOLUTION NO. 92-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, DENYING THE APPEAL OF FRANK AND JOYCE SULGIT, BRIAN AND LINDA MURPHY, HELAINE DARLING, AND MIKE AND NOELEEN PATTISON, OF THE PLANNING COMMISSION'S NOVEMBER 13, 2007, APPROVAL OF THE APPLICATION FOR DESIGN REVIEW, HILLSIDE AREA CONSTRUCTION PERMIT, AND SETBACK VARIANCES FOR A MAIN AND LOWER LEVEL ADDITION TO A RESIDENCE AT 3105 MARGARITA AVENUE, ON PROPERTY LOCATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT WHEREAS, on November 13, 2007, the Planning Commission approved Design Review, Hillside Area Construction Permit, and Setback Variances, and adopted a Categorical Exemption, related to the construction of a main and lower level addition to an existing residence on property located at 3105 Margarita Avenue (APN: 027-015-020), and owned by Mike Kerwin and Amy Penticoff, 3105 Margarita Avenue, Burlingame, California; and WHEREAS, the Planning Commission's November 13, 2007 approval was appealed by Frank and Joyce Sulgit, Brian and Linda Murphy, Helaine Darling, and Mike and Noeleen Pattison, and the City Council conducted a public hearing on the appeal on December 17, 2007; denying the appeal and upholding the Planning Commission's approval. NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT 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 if the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and the area in which the project is located is not environmentally sensitive, and Section 15305 Class 5(a) — setback variances not resulting in the creation of any new parcel. 2. Said Design Review, Hillside Area Construction Permit and Variances are approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Design Review, Hillside Area Construction Permit and Variances are as set forth in the staff report, minutes, and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. • 0, Mayor 1 of 2 RESOLUTION NO. City Council Agenda — December 17, 2007 APPEAL — 3105 Margarita Avenue I, Doris Mortensen, City Clerk of the City of Burlingame, do hereby certify that the foregoinq� resolution was introduced and adopted at a regular meeting of the City Council held on the 17` day of December, 2007 by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, KEIGHRAN, NAGEL, WMAHONY NOES: COUNCILMEMBERS: HONE ABSENT: COUNCILMEMBERS: DEAL City Clerk 7 hereby certify this to be a full, true ars correct copy of the document it Fn_ -ports to be, the original of :which i3 or. file in my office. Dated: o City Clerk City clf Burlingame 2of2 EXHIBIT A Conditions of Approval — 3105 Margarita Avenue Approved by the City Council on December 17, 2007 1. that the project shall be built as shown on the plans submitted to the Planning Department Sheets A2.0, A2.1, A2.2, A2.4, and A3.2 (date-stamped August 30, 2007) and Sheets A1.0, A1.1, A2.3, A2.5, A3.1, AU (date-stamped October 11, 2007) 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 conditions of the Chief Building Official's August 22, 2007 memo, the City Engineer's March 26, 2007 memo, the Fire Marshal's March 27, 2007 memo, the City Arborist's October 16, 2007 memo, and the NPDES Coordinator's March 23, 2007 memo shall be met; 3. that the fence between 3101 Margarita Avenue and 3105 Margarita Avenue shall be repaired; that the applicant shall prepare plans for the repair and/or replacement of the downhill neighbor's fence; and shall submit these plans as an FYI to the Planning Commission; 4. that the applicant and neighbors work with the City Arborist to identify the appropriate species and optimal location for the three (3) replacement trees to be planted on the property to ensure that the trees do not grow to a height greater than 15 -feet and that they are placed anywhere on the property that will not adversely impact views from the uphill property; 5. that if the structure is demolished or the envelope changed at a later date the front and side setback variances, as well as any other exceptions to the code granted here, will become void; 6. 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; 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), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to Planning Commission review; 8. 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; 9. 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; 1 of 2 EXHIBIT A Conditions of Approval — 3105 Margarita Avenue Approved by the City Council on December 17, 2007 10. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 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 11. 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; 12. 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 13. 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. 2of2