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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.