HomeMy WebLinkAboutReso - CC - 034-2003• I 111112915SUMMUZ
RESOLUTION APPROVING CATEGORICAL EXEMPTION
and SPECIAL PERMIT
RESOLVED by the CITY COUNCIL of the City of Burlingame that:
WHEREAS, a categorical exemption has been proposed and application has been made for design
review, front and side setback variances, special permit for attached garage and conditional use permit for an
accessory structure to allow an new single family house with swimming pool in the front setback located at
344 Pepper Avenue, zoned R -L, APN: 028 -282 -140; Kieran and Marie Woods, property owners.
WHEREAS, the Planning Commission held a public hearing on said application on February 24,
2003, at which time said application was approved;
WHEREAS, this matter was appealed to City Council and a hearing thereon held on March 18,
2003, at which time it reviewed and considered the staff report and all other written materials and testimony
presented at said hearing;
NOW, THEREFORE, it is hereby RESOLVED and DETERMINED by this Council that:
1. On the basis of the Initial Study and the documents submitted and reviewed, and comments received
and addressed by this commission, 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 a categorical exemption per Article 19,
Section 15303, Class 3 single family residence not in conjunction with building two or more residences is
hereby approved.
2. Said design review, front and side setback variances, special permit for attached garage and
conditional use permit for an accessory structure are approved, subject to the conditions set forth in Exhibit
"A" attached hereto. Findings for such design review, front and side setback variances, special permit for
attached garage and conditional use permit for an accessory structure are as set forth in the staff report,
minutes and recording of said meetings.
3. 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, ANN MUSSO, City Clerk of the City of Burlingame, do hereby certify that the foregoing
resolution was introduced at a regular meeting of the City Council held on the 18th day of March, 2003, and
adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: RAYLOCK, COFFEY,,CALLIGAN, JANNEY, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMEERS: NONE wv�� e . mad'&)
CITY CLERK
EXMIT "A"
Conditions of approval categorical exemption/negative declaration and design review, front and side setback
variances, special permit for an attached garage and conditional use permit for an accessory structure at 344
Pepper Avenue, effective March 18, 2003.
1. that the project shall be built as shown on the plans submitted to the Planning Department date
stamped February 13, 2003, sheets Tl, AO through A3.1 and sheets Ll and L2 site plan, floor
plans, building elevations and landscape plan, except that the maximum height of the pool house
shall not exceed thirteen (13) feet as measured from adjacent grade and that the height shall be
reduced by changing the pitch of the roof structure;
2. that the title shall be cleared and a parcel map Sled to create and affirm that this is a single
lot prior to issuance of a demolition permit;
that any excavation on the creek side of the proposed swimming pool be set back at least six
(6) feet from the top of creek bank, be vertical and properly supported during construction to
maintain a vertical face, the excavation can not be "laid back" as suggested in the geotechnical
letter dated 1-23-03;any encroachment of excavated material below the top of the bank of the
creek or into any part of the creek shall require all work to stop and the property owner to apply
for and receive required permits form the California Department of Fish and Game and the
United States Army Corps of Engineers before continuing that part of the construction which
could affect the creek;
4. that the applicant shall have prepared and provide a tree protection plan for the construction
period and a post -construction three year maintenance plan including a regular inspection
schedule by a licensed arborist, and correction to protections if necessary during construction
and during the maintenance period, the plan shall be approved by the City Arborist prior to
issuing a building permit;
the construction proposed in the application is adjacent to a creek that drains a large part of
Hillsborough and parts of Burlingame. The applicants have obtained professional analysis of the
effects that the construction, maintenance, and use of the project may have on the property and
its relationship to the creek and the soils, vegetation, and topography of the property. Before
issuance of a building permit for any of the construction, the owners of the property shall draft
an agreement on behalf of themselves and their successors in interest and in favor of the City of
Burlingame holding the City of Burlingame, its officers and employees harmless for the approval
of the proposed project for any future loss, damage, or claim that may arise because of the
location, methods, and construction of the proposed project and that Sally represents that the
owners are relying solely on their own knowledge and the representations of their own experts
and consultants in constructing the project and in no way relying on any representations or
analyses of the City or any of its officers or employees in proceeding with the construction and
use. This agreement shall be approved by the City Attorney and executed by the owners and
recorded with the San Mateo County Clerk -Recorder before issuance of any construction permit
for the proposed project;
EXHIBIT "A" , 344 Pepper Avenue, Burlingame, Continued
6. that any increase to the habitable basement floor area and any changes to the size or envelope of
the first or second floors, which would include expanding the footprint or floor area of the
structure, replacing or relocating a window (s), adding a dormer (s) or changing the roof height
or pitch, shall be subject to design review;
7. that the conditions of the City Engineer's December 19, 2002, January 29, 2003 and February 3,
2003 memos, Fire Marshal's December 5, 2002 memo, Chief Building Official's December 19,
2002 and January 27, 2003 memos, and the Recycling Specialist's memo dated December 10,
2002 shall be met;
8. that prior to issuance of a building permit and commencing construction on the pool within the
front setback a licensed surveyor shall set the edge of the pool excavation area so documenting
that it is the same as in the approved plans; the survey shall be accepted by the City Engineer,
and the pool house shall be located in the rear yard at least 58 feet from the rear property line
and no closer than 59 feet from the front property line;
9. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property
comers, set the building envelope;
10. that prior to under floor frame inspection the surveyor shall certify the first floor elevation of the
new structure(s) and the various surveys shall be accepted by the City Engineer;
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;
12. that prior to scheduling the framing inspection, the project architect, engineer or other licensed
professional shall provide architectural certification that the architectural details such as window
locations and bays are built as shown on the approved plans; if there is no licensed professional
involved in the project, the property owner or contractor shall provide the certification under
penalty of perjury;
13. that prior to final inspection, Planning Department staffwill 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; and
14. that the project shall meet all the requirements of the California Building and Fire Codes,
2001 edition, as amended by the City of Burlingame.