HomeMy WebLinkAboutAgenda Packet - PC - 2018.11.26
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City of Burlingame
Design Review and Special Permit
Address:832 Linden Avenue Meeting Date:November 26, 2018
Request:Request for approval of a previously approved Design Review and Special Permit for attached
garage for a first and second story addition to an existing single family dwelling (approval expired -no
changes proposed to previously approved project).
Applicants and Property Owners: Eric and Siu Fanene APN:029-032-200
Designer: Kanler, Inc.Lot Area: 5,907 SF
General Plan:Low Density Residential Zoning:R-1
Environmental Review Status:The project is Categorically Exempt from review pursuant to the California
Environmental Quality Act (CEQA), per Section 15301 (e)(2), which states that additions to existing structures
are exempt from environmental review, 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.
History: An application for Design Review and Special Permit for attached garage for a first and second story
addition was originally approved by the Planning Commission on December 12, 2016 (see attached December
12, 2016 Planning Commission Minutes, consent calendar). During Planning Commission review, the project
was referred to a design review consultant (see attached design reviewer’s analysis and recommendation, dated
November 28, 2016). An FYI for clarifications to the garage door (changed from steel to wood) and landscaping
was reviewed and accepted by the Planning Commission on January 23, 2017.
In his letter dated November 15, 2018, the applicant notes several reasons why they were not able to obtain a
building permit in time, including a lack of communication between the property owners and project manager,
time to search for a contractor and having another child. A building permit was never issued so the Planning
approval for the Design Review and Special Permit expired in December 2017. The applicant is now applying
for approval of the same project approved in 2016; there are no changes proposed with this application. The
building permit application has been approved and is ready to be issued pending Planning Commission approval
of the Design Review and Special Permit.
The Planning Division would note that this application was brought directly to the Planning Commission as a
Consent Calendar Item since the same project has already been approved previously by the Planning
Commission and there are no changes proposed to the previous approvals.
Project Description:The existing one-story house with a detached one-car garage contains 1,550 SF (0.26
FAR) of floor area and has three bedrooms. The proposed project includes a first and second story addition at
the center and rear of the house and a new attached one-car garage along the right side of the house. The
proposed project would increase the total floor area to 2,769 SF (0.47 FAR), where 2,991 SF (0.51 FAR) is the
maximum allowed. The project is 222 SF below the maximum allowable floor area.
The existing house has three bedrooms and with the addition, the number of bedrooms on site will increase to
four. Staff notes that the sitting room on the second floor does not qualify as a bedroom since the only way to
access the master bedroom is through the sitting room. The existing detached garage will be demolished and
replaced with a new, attached one-car garage (10’-9” x 20’-6” clear interior dimensions) in approximately the
same location. One uncovered parking space (9’ x 20’) is provided in the driveway. All other Zoning Code
requirements have been met. The applicant is requesting the following applications:
Design Review for a first and second story addition to an existing single family dwelling and a new
attached garage (C.S. 25.57.010 (a) (2) and (6)); and
Special Permit for an attached one-car garage (CS 25.26.035 (a)).
Item No. 7a
Consent Calendar
Design Review and Special Permit 832 Linden Avenue
2
832 Linden Avenue
Lot Area: 5,907 SF Plans date stamped: December 2, 2016
EXISTING PROPOSED ALLOWED/REQ'D
SETBACKS
Front (1st flr):
(2nd flr):
Attached Garage:
17'-0"
n/a
n/a
no change
41'-6"
48’-4” ¹
15'-0"
20'-0"
25’-0”
Side (left):
(right):
4'-0"
13'-0" to bay
6’-9”
4’-0”
4'-0"
4'-0"
Rear (1st flr):
(2nd flr):
48'-6"
n/a
33'-9"
45'-6"
15'-0"
20'-0"
Lot Coverage:1625 SF
27.5%
2174 SF
36.8%
2363 SF
40%
FAR:1550 SF
0.26 FAR
2769 SF
0.47 FAR
2991 SF ²
0.51 FAR
# of bedrooms:3 4 ---
Off-Street Parking:1 covered
(10'-10" x 16'-8”)
1 uncovered
(9' x 20')
1 covered
(10'-9" x 20'-6”)
1 uncovered
(9' x 20')
1 covered
(10' x 20')
1 uncovered
(9' x 20')
Building Height:15'-6"23'-9"30’-0”
DH Envelope:complies complies CS 25.26.075
¹ Special Permit required for an attached garage.
² (0.32 x 5907 SF) + 1100 SF = 2991 SF (0.51 FAR)
Staff Comments:None.
Analysis and Recommendation by Design Reviewer for Originally Approved Project:The design review
consultant met with the project architect and property owners to discuss the Planning Commission's concerns
with the project and reviewed revised plans. Please refer to the attached design reviewer’s analysis and
recommendation, dated November 28, 2016, for a detailed review of the project. The design review consultant
made the following observations about the subject property, its surroundings, and revisions made to the
proposed project:
The floor plan has changed to provide a better layout and flow.
The attached garage has been moved further back to minimize the dominance of the garage door,
avoids a conflict between the existing bay window and garage, and allows for a window in the kitchen
area.
Clerestory windows in attached garage add interest to the front elevation.
Attached garage is well-integrated into the overall structure.
Second floor has been set back form the lower side walls and is located in the center of the lower floor to
minimize massing. New articulation is provided at the front of the house by the two box bays on the
second floor. The lower and upper roofs share the same roof pitch in a pleasing combination of hips and
gables.
Design Review and Special Permit 832 Linden Avenue
3
The front porch, previously proposed to be enclosed, is now left open in its original configuration, and
leaves a friendly open porch facing the front yard.
Windows have been made more consistent.
The design small second floor balcony at the rear of the house provides privacy to both the owner and
adjacent neighbor.
The rear of the house and family room open nicely to a landscaped patio and rear yard.
The designer review analysis noted that “this project has changed dramatically from the original submittal” and
that “this design fits in with the neighborhood and meets the intent of the City’s design guidelines.” The reviewer
recommended approval of the project as proposed.
Design Review Criteria:The criteria for design review as established in Ordinance No. 1591 adopted by the
Council on April 20, 1998 are outlined as follows:
1. Compatibility of the architectural style with that of the existing character of the neighborhood;
2. Respect for the parking and garage patterns in the neighborhood;
3. Architectural style and mass and bulk of structure;
4. Interface of the proposed structure with the structures on adjacent properties; and
5. Landscaping and its proportion to mass and bulk of structural components.
Suggested Findings for Design Review: That the architectural style, mass and bulk of the addition (featuring
primarily hip roofs, composition shingle roofing, proportional plate heights, stucco siding, and aluminum clad
wood windows with wood trim) is compatible with the existing house and character of the neighborhood and that
the windows and architectural elements of the proposed structure are placed so that the structure respects the
interface with the structures on adjacent properties, therefore the project may be found to becompatible with the
requirements of the City’s five design review criteria.
Findings for a Special Permit:In order to grant a Special Permit, the Planning Commission must find that the
following conditions exist on the property (Code Section 25.51.020 a-d):
(a) The blend of mass, scale and dominant structural characteristics of the new construction or addition are
consistent with the existing structure's design and with the existing street and neighborhood;
(b) the variety of roof line, facade, exterior finish materials and elevations of the proposed new structure or
addition are consistent with the existing structure, street and neighborhood;
(c) the proposed project is consistent with the residential design guidelines adopted by the city; and
(d) removal of any trees located within the footprint of any new structure or addition is necessary and is
consistent with the city's reforestation requirements, and the mitigation for the removal that is proposed is
appropriate.
This space intentionally left blank.
Design Review and Special Permit 832 Linden Avenue
4
Suggested Findings for Special Permit (Attached Garage):For the following reasons, the project may be
found to be compatible with the special permit criteria listed above:
that the proposed attached garage conforms to current code setback requirements and will replace an
existing nonconforming detached garage which is located too close to the side property line;
that the attached garage is one-car wide, is set back 27’-9” from the front of the house and 48-4” from
the front property line, contains a row of windows above the garage door and a hip roof to break up the
massing, and therefore is not the dominant feature along the front façade;
that the attached garage contains a hipped roof to match and tie into the proposed addition, that the
attached garage is located in relatively the same place at the existing detached garage, exceptthat it will
be located further away from the neighbor and contains a hip roof which slopes away from the neighbor,
and therefore will not have a negative impact on the adjacent property;
that although there are more detached garages in the neighborhood than attached garages, the
proposed attached garage is set back far enough that it separates the main dwelling from the adjacent
house with a long driveway leading to the garage, providing the sense of a detached garage, and that it
represents a good balance of garage styles in the neighborhood;
Planning Commission Action: The Planning Commission should conduct a public hearing on the application,
and consider public testimony and the analysis contained within the staff report. Action should include specific
findings supporting the Planning Commission’s decision, and should be affirmed by resolution of the Planning
Commission. The reasons for any action should be stated clearly for the record. At the public hearing the
following conditions should be considered:
1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped
December 2, 2016, sheets A.1 through A.7, L.1, C.1, and BM.1;
2. 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);
3. that any changes to the size or envelope of the first or second floors, or garage, which would include
adding or enlarging a dormer(s), shall require an amendment to this permit;
4. that any recycling containers, debris boxes or dumpsters for the construction project shall be placed
upon the private property, if feasible, as determined by the Community Development Director;
5. 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;
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;
7. 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;
Design Review and Special Permit 832 Linden Avenue
5
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, 2016
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:
10. that prior to scheduling the framing inspection the applicant shall provide a certification by the project
architect or residential designer, or another architect or residential design professional, that
demonstrates that the project falls at or below the maximum approved floor area ratio for the property;
11. 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 Division; and
13. that prior to final inspection, Planning Division 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.
Ruben Hurin
Planning Manager
c. Eric and Siu Fanene, applicants and property owners
Attachments:
Letter of Explanation, dated November 15, 2018
December 12, 2016 Planning Commission Minutes
Application to the Planning Commission (from original application)
Special Permit Application, date stamped December 2, 2016 (from original application)
Design Review Analysis, dated November 28, 2016 (from original application)
Planning Commission Resolution (Proposed)
Notice of Public Hearing – Mailed November 16, 2018
Area Map
832 LINDEN AVE.300’ RadiusAPN #029.032.200
City of Burlingame
Conditional Use Permit
Address:100 Highland Avenue Meeting Date:November 26, 2018
Request:Application for Conditional Use Permit to operate an automobile rental business.
Applicant:Kent Putnam APN:029-232-170
Architect:Alan Cross, Proto Inc.Lot Area: 42,145 SF
Property Owner:101 California Drive LLC Zoning:CAR (California Drive Auto Row)
General Plan:Downtown Specific Plan: California Drive Mixed Use District
Environmental Review Status: The project is Categorically Exempt from review pursuant to the California
Environmental Quality Act (CEQA), per Section 15301, which states that existing facilities,consisting of the
operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private
structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use
beyond that existing at the time of the lead agency's determination are exempt from environmental review.
History: Hertz operated an automobile rental business in the Putnam Subaru service facility building at 85
California Drive for approximately 10 years. Upon receiving approval for construction of a newservice facility for
Putnam Subaru last year, Hertz needed to vacate the building in preparation for construction. Hertz relocated to
a portion of an existing building on the Nissan of Burlingame site along Highland Avenue, without approval of a
Conditional Use Permit.
In July 2017, a complaint was received by the Code Enforcement Division regarding rental vehicles being parked
on-site and on the street. At that time, Hertz was notified to remove all vehicles from the site and the public
street. Hertz vacated the site in February 2018.
Project Description:The subject property is currently occupied by an automobile sales and service business
(Nissan of Burlingame). The site consists of automobile parking and several buildings which are used for
showroom, automobile service and automobile storage.
The applicant, Kent Putnam on behalf of Hertz, is requesting a Conditional Use Permit to allow operation of an
automobile rental business at 100 Highland Avenue, zoned CAR. An automobile rental business may be
allowed at this location upon approval of a Conditional Use Permit under Code Section 25.38.030 (g), which
meet the following minimum standards. Planning staff confirmed that the proposed business complies with
these standards.
1) Parking is provided on-site for storage of at least ten (10) percent of the average number of vehicles rented
monthly from the site; the average number shall be calculated over a calendar year; however, in no event,
shall storage for more than fifty (50) rental vehicles be provided on-site.
The applicant notes that an average of 100 vehicles will be rented monthly from this location.
Therefore, on-site storage for at least 10 vehicles is required. A total of 11 spaces, located along the
north end of the site, have been designated for automobile rental storage.
2) Parking is provided on-site for all employees and customers.
The minimum required off-street parking is provided for all existing and proposed uses on the site (see
off-street parking discussion on page 2 of the staff report).
The applicant is proposing to occupy a portion of an existing building on the site previously used for automobile
storage and servicing, located along Highland Avenue. The space measures 854 SF in area and contains a
customer service area and related office. Interior and exterior improvements were completed without required
building permits when Hertz moved to the site in 2017. The exterior improvements, including replacing two
Item No. 7b
Consent Calendar
Conditional Use Permit 100 Highland Avenue
2
rolling overhead doors with a wall (vertical siding) and a pedestrian entry, are not subject to Commercial Design
Review because these alterations do not exceed 50% of the building façade. The applicant has submitted for a
building permit to legalize these improvements, but is pending based on approval of this Conditional Use Permit
request.
The facility will be open Monday through Friday from 7 a.m. to 6 p.m. (employees will arrive at 6:30 am and leave
at 6:30 p.m.) The applicant anticipates a maximum of four full-time employees before 5 p.m. and two full-time
employees after 5 p.m., with up to 10 customers per day (no part-time employees are anticipated at this
location). The maximum number of people expected on the site is six, including employees and customers.
The applicant notes that vehicles will be rented to customers having their vehicles serviced at one of several
Putnam service facilities in the area. Once a customer drops off their vehicle for servicing, the customer would
walk to the Hertz rental facility to pick up a rental vehicle while their personal vehicle is being service. In
addition, Hertz will also offer rentals to the general public.
The proposed application complies with off-street parking requirements. Based on the uses on the subject
property including showroom (5,150 SF), service (11,467 SF), storage (4,134 SF) and Hertz office (854 SF), a
total of 30 off-street parking spaces are required on site. In addition, 10 spaces are required based on the
average number of vehicles rented monthly. Therefore, a total of 40 parking spaces are required on site. The
Parking Plan shows a total of 43 parking spaces (includes spaces in service buildings). A total of 11 spaces,
located along the north end of the site, have been designated for automobile rental storage.
The applicant notes that an additional 20 spaces for automobile rental storage will be located nearby on an
existing Putnam vehicle storage lot in San Mateo, located at 300 Peninsula Avenue (see attached aerial). This
lot is located east of the railroad tracks on the south side of Peninsula Avenue). Customers will not be picking
up any vehicles at this location; vehicles will be driven to 100 Highland Avenue by a Hertz employee.
Staff Comments:None.
Design Review Study Meeting: At the Planning Commission design review study meeting on November 13,
2018, the Commission noted that the automobile rental business is in close proximity to where it is needed and
therefore is an appropriate, symbiotic use with the service centers that it is associated with and voted to place
this item on the consent calendar (see the attached November 13, 2018, Planning Commission Minutes).
In their review, the Commission requested that a condition of approval be added which prohibits automobile
rental vehicles from parking on the surrounding streets and on public parking lots. Condition #2 requires that all
automobile rental vehicles be parked on the subject property or on the overflow lot in San Mateo, and that
automobile rental vehicles shall not be parked within any public right-of-way, on surrounding streets or in any
public parking lots.
Findings for a Conditional Use Permit:In order to grant a Conditional Use Permit, the Planning Commission
must find that the following conditions exist on the property (Code Section 25.52.020, a-c):
(a) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or
convenience;
(b) The proposed use will be located and conducted in a manner in accord with the Burlingame general plan
and the purposes of this title;
(c) The planning commission may impose such reasonable conditions or restrictions as it deems necessary
to secure the purposes of this title and to assure operation of the use in a manner compatible with the
aesthetics, mass, bulk and character of existing and potential uses on adjoining propertiesin the general
vicinity.
Conditional Use Permit 100 Highland Avenue
3
Suggested Findings for a Conditional Use Permit:Since automobile sales and service businesses have
operated at this location previously, the proposed automobile rental business (which previously operated nearby
at 85 California Drive) is similar to the existing use and will be compatible with other existing automobile uses
within the vicinity, and will provide the required off-street parking for employees and customers, as well as
automobile rental vehicle storage on-site, the proposed use will not be detrimental or injurious to property or
improvements in the vicinity, will not be detrimental to the public health, safety, general welfare or convenience,
and will be located and conducted in a manner in accord with the Burlingame general plan and the purposes of
this title; therefore, the proposed use may be found to be compatible with the required findings for a Conditional
Use Permit.
Planning Commission Action:
The Planning Commission should conduct a public hearing on the application, and consider public testimony and
the analysis contained within the staff report. Action should include specific findings supporting the Planning
Commission’s decision, and should be affirmed by resolution of the Planning Commission. The reasons for any
action should be stated clearly for the record. At the public hearing the following conditions should be
considered:
1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped
October 19, 2018, sheets A.001 through A.901 and D.201; and that prior to occupying the site the
parking area shall be striped as shown on the Parking Plan, sheet A.004;
2. that all automobile rental vehicles shall be parked on the subject property or on the existing Putnam
vehicle storage lot in San Mateo, located at 300 Peninsula Avenue; automobile rental vehicles shall not
be parked within any public right-of-way, on surrounding streets or in any public parking lots;
3. that a minimum of 10 parking stalls shall be designated for automobile rental storage on site;
4. that automobile rental storage for an additional 20 vehicles shall be provided on an existing Putnam
vehicle storage lot in San Mateo, located at 300 Peninsula Avenue; if this location is no longer available
in the future, then an alternative location shall be subject to Planning Division or Planning Commission
review (FYI or amendment to be determined by Planning staff);
5. that no off-loading or on-loading of automobile rental vehicles from trucks shall take place on the public
street or on any public right-of-way;
6. that the automobile rental business shall be limited to an average of 100 rentals per month; exceeding
the limit of an average of 100 rentals per month shall be subject to Planning Division or Planning
Commission review (FYI or amendment to be determined by Planning staff);
7. that this site shall not be used for long term storage of rental fleet vehicles regularly rented at another
location, nor shall it be used for any type of long term airport parking; and
8. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2016
Edition, as amended by the City of Burlingame.
Ruben Hurin
Planning Manager
c. Kent Putnam, applicant
Alan Cross, Proto Inc., architect
Conditional Use Permit 100 Highland Avenue
4
Attachments:
November 13, 2018 Planning Commission Minutes
Application to the Planning Commission
Applicant’s Explanation Letter, dated February 14, 2018
Conditional Use Permit Application
Commercial Application
Map of Overflow Lot, date stamped July 23, 2018
Planning Commission Resolution (Proposed)
Notice of Public Hearing – Mailed November 16, 2018
Area Map
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Secretary
RESOLUTION APPROVING CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT
RESOLVED, by the Planning Commission of the City of Burlingame that:
WHEREAS, a Categorical Exemption has been prepared and application has been made for a
Conditional Use Permit for an automobile rental business at 100 Highland Avenue, Zoned CAR, 101
California Drive LLC, property owner, APN: 029-232-170;
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
November 26, 2018, 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 RESOLVED and DETERMINED by this Planning Commission 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 categorical
exemption, per CEQA Section 15301, which states that existing facilities, consisting of the
operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing
public or private structures, facilities, mechanical equipment or topographical features, involving
negligible or no expansion of use beyond that existing at the time of the lead agency's
determination are exempt from environmental review,is hereby approved.
2. Said Conditional Use Permit is approved subject to the conditions set forth in Exhibit “A”
attached hereto. Findings for such Conditional Use Permit are 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.
Chairman
I, _____________ , Secretary of the Planning Commission of the City of Burlingame, do
hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the
Planning Commission held on the 26th day of November, 2018, by the following vote:
EXHIBIT “A”
Conditions of Approval for Categorical Exemption and Conditional Use Permit
100 Highland Avenue
Effective December 6, 2018
Page 1
1. that the project shall be built as shown on the plans submitted to the Planning Division date
stamped October 19, 2018, sheets A.001 through A.901 and D.201; and that prior to
occupying the site the parking area shall be striped as shown on the Parking Plan, sheet
A.004;
2. that all automobile rental vehicles shall be parked on the subject property or on the existing
Putnam vehicle storage lot in San Mateo, located at 300 Peninsula Avenue; automobile
rental vehicles shall not be parked within any public right-of-way, on surrounding streets or in
any public parking lots;
3. that a minimum of 10 parking stalls shall be designated for automobile rental storage on site;
4. that automobile rental storage for an additional 20 vehicles shall be provided on an existing
Putnam vehicle storage lot in San Mateo, located at 300 Peninsula Avenue; if this location is
no longer available in the future, then an alternative location shall be subject to Planning
Division or Planning Commission review (FYI or amendment to be determined by Planning
staff);
5. that no off-loading or on-loading of automobile rental vehicles from trucks shall take place on
the public street or on any public right-of-way;
6. that the automobile rental business shall be limited to an average of 100 rentals per month;
exceeding the limit of an average of 100 rentals per month shall be subject to Planning
Division or Planning Commission review (FYI or amendment to be determined by Planning
staff);
7. that this site shall not be used for long term storage of rental fleet vehicles regularly rented at
another location, nor shall it be used for any type of long term airport parking; and
8. that the project shall meet all the requirements of the California Building and Uniform Fire
Codes, 2016 Edition, as amended by the City of Burlingame.
100 Highland Avenue300’ RadiusAPN # 029.232.170
PROJECT LOCATION
185 Pepper Avenue
Item No. 8a
Regular Action Item
City of Burlingame
Design Review and Front Setback Variance
Address:185 Pepper Avenue Meeting Date:November 26, 2018
Request:Application for Design Review and Front Setback Variance for a first and second story addition to an
existing single-family dwelling.
Applicant and Designer:Barzin Keyhan Khadiv APN:028-263-010
Property Owners:Durwin and Carey Beth Tsay Lot Area: 9,796 SF
General Plan:Low Density Residential Zoning:R-1
Environmental Review Status:The project is Categorically Exempt from review pursuant to the California
Environmental Quality Act (CEQA), per Section 15301 (e) (1) of the CEQA Guidelines, which states that
additions to existing structures are exempt from environmental review, provided the addition will not result in an
increase of more than 50% of the floor area of the structures before the addition.
Background: The subject property is located within the Burlingame Park No. 3 subdivision. Based upon
documents that were submitted to the Planning Division by a Burlingame property owner in 2009, it was
indicated that the entire Burlingame Park No. 2, Burlingame Park No. 3, Burlingame Heights, and Glenwood
Park subdivisions may have historical characteristics that would indicate that properties within this area could be
potentially eligible for listing on the National or California Register of Historical Places. Therefore, for any
property located within these subdivisions, a Historic Resource Evaluation must be prepared prior to any
significant development project being proposed to assess whether the existing structure(s) could be potentially
eligible for listing on the National or California Register of Historical Places.
A Historic Resource Evaluation was prepared for this property by Page & Turnbull, Inc., dated May 17, 2018.
The results of the evaluation concluded that it is not eligible for individual listing on the California Register of
Historical Resources under any criteria. Therefore, the proposed project may be categorically exempt from the
California Environmental Quality Act per Section 15301 (e) (1) of the CEQA Guidelines, which states that
additions to existing structures are exempt from environmental review, provided the addition will not result in an
increase of more than 50% of the floor area of the structures before the addition,areexempt from environmental
review.
Project Description:The existing two-story, five-bedroom house with an attached two car garageis located on
a corner lot (corner of Pepper Avenue and Ralston Avenue) and contains 3,005SF (0.30FAR) of floor area. The
proposed project includes a first and second story addition and would increase the floor area to 3,888 SF (0.39
FAR) where 4,035 SF (0.41 FAR) is the maximum allowed as per code. The proposed project is 147 SF below
the maximum allowed FAR.
The applicant is requesting a Front Setback Variance for the proposed first and second story addition. Based on
the average of the block, the minimum required front setback to the first and second floors is 56’-6”. The
proposed front setbacks on the first and second floors are 22’-1¼” and 45’-ǬUHVSHFWLYHO\
The project proposes to maintain the existing bedroom count. For a five-bedroom house, three parking spaces
are required, two of which must be covered. The existing two-car garage would be retained and there is space
for one uncovered parking space (9’-0” x20’-0”) in the driveway. Therefore, the project is in compliance with off-
street parking requirements. All other Zoning Code requirements have been met. The applicant requests the
following applications:
Design Review for a first and second story addition to an existing single-family dwelling (CS
25.57.010 (a) (2)); and
Front Setback Variance for a first and second story addition (22’-1¼” to the first floor and 45’-Ǭ´WRWKH
Item No. 8a
Regular Action Item
Design Review and Front Setback Variance 185 Pepper Avenue
2
second floor proposed, where 56’-6” is the minimum required based on the block average) (C.S.
25.26.072 (b) (1) (3)).
185 Pepper Avenue
Lot Size: 9,796 SF Plans date stamped:November 15, 2018
EXISTING PROPOSED ALLOWED/REQ’D
SETBACKS
Front (1st flr):25’-5¼” (to garage) ¹ 22’-1¼” (to addition) ³ 56’-6”(block average)
(applies to 1st and 2nd
floors)
(2nd flr):50’-7Ǭ” ¹ 45’-1Ǭ” (to addition) ³
Side (interior):
(exterior – 1
st floor):
(exterior – 2
nd floor):
4’-1” (to garage) ²
7’-8 ¾”
12’-1¾”
No change
10’-ǩ´
12’-0”
7'-0"
7'-6"
average of 12’-0”
Rear (1st flr):
(2nd flr):
70’-3Ǫ”
68’-11Ǫ”
70’-3Ǫ”
73’-10Ǭ”
15'-0"
20'-0"
Lot Coverage:2,101 SF
21.4%
2,685SF
27.4%
3,918 SF
40%
FAR:3,005 SF
0.30 FAR
3,888 SF
0.39 FAR
4,035 SF
4
0.41 FAR
# of bedrooms:5 No change ---
Off-Street Parking:
2 covered
(20’-2” X 20’-10”)
1 uncovered
(9’-0” X 20’-0”)
No change
2 covered
(18’X18’ for existing)
1 uncovered
(9' X 20')
Height:23’-8”24’-7”30'-0"
DH Envelope:complies complies CS 25.26.075
¹ Existing nonconforming front setbacks to first and second floors.
² Existing nonconforming interior side setback.
³ Front Setback Variance required for first and second floor addition.
4 (0.32 x 9,796 SF) + 900 SF = 4,035 SF (0.41 FAR)
Staff Comments:Planning staff would note that Ralston Creek runs along the exterior side of the property.
There are no improvements proposed beyond the top of bank.
Design Review Study Meeting: At the Planning Commission design review study meeting on October 9, 2018,the
Commission asked the applicant to revisit changing the material of the new windows from vinyl to aluminum clad
wood. They noted that the new windows are out of scale and the applicant should redesign the windows to make
them proportionate with the rest of the house. They also mentioned that the front porch should be redesigned to
reduce the overall height. Overall, the Commission felt that the house could benefit from being reviewed by a design
review consultant and voted to refer this project to a design review consultant (see attached October 9, 2018,
Planning Commission Minutes).
The applicant submitted revised plans, date stamped November 15, 2018, to address the Planning
Commission’s comments and concerns. A discussion of the analysis of the revised project and recommendation
by the design review consultant is provided in the next section.
Design Review and Front Setback Variance 185 Pepper Avenue
3
Analysis and Recommendation by Design Reviewer: The design review consultant met with the project
designer and homeowner to discuss the Planning Commission’s concerns and reviewed the revised plans.
Based on the feedback from the review, the applicant decided to change all windows of the house from vinyl to
simulated true divided lite aluminum clad wood windows. The size of the front porch was reduced by 3’-0” and
the front setback was increased from 19’-1¼” to 22’-1¼” to reduce the appearance of the front heavy corner lot.
The applicant added additional landscaping at the front to soften the appearance. The porch design was
changed to include a decorative truss and reduced in size and scale. Some other changes include wrapping the
stone veneer to the side of the garage and changing the design of the chimney. Based on the design review
analysis of the project, the design reviewer recommends approval of the project as proposed (see attached
Design Review Consultant’s analysis, dated November 7, 2018).
Design Review Criteria:The criteria for design review as established in Ordinance No. 1591 adopted by the
Council on April 20, 1998 are outlined as follows:
1. Compatibility of the architectural style with that of the existing character of the neighborhood;
2. Respect for the parking and garage patterns in the neighborhood;
3. Architectural style and mass and bulk of structure;
4. Interface of the proposed structure with the structures on adjacent properties; and
5. Landscaping and its proportion to mass and bulk of structural components.
Suggested Findings for Design Review:The proposed front addition and the new porch is compatible with
the existing style of the house and neighborhood. The materials that would be used in the construction such as
wood siding, aluminum clad wood windows, and stone veneer are of high quality and interface well with the
adjacent structures. For these reasons, the project may be found to be compatible with the requirements of the
City’s five design review criteria.
Required Findings for Variance: In order to grant a variance, the Planning Commission must find that the
following conditions exist on the property (Code Section 25.54.020 a-d):
(a) there are exceptional or extraordinary circumstances or conditions applicable to the property involved
that do not apply generally to property in the same district;
(b) the granting of the application is necessary for the preservation and enjoyment of a substantial property
right of the applicant, and to prevent unreasonable property loss or unnecessary hardship;
(c) the granting of the application will not be detrimental or injurious to property or improvements in the
vicinity and will not be detrimental to the public health, safety, general welfare or convenience; and
(d) that the use of the property will be compatible with the aesthetics, mass, bulk and character of existing
and potential uses of properties in the general vicinity.
Suggested Findings for Variance: The subject property is a located on a corner lot with Ralston creek running
along the exterior side of the lot and several large existing trees located at the rear of the lot, representing
extraordinary conditions on the lot which make it difficult to add onto the rear of the house rather than at the
front; that granting the Front Setback Variance is necessary for the preservation and enjoyment of a substantial
property right and to prevent unreasonable property loss or unnecessary hardship by not requiring the applicant
to remove existing trees to accommodate the addition; that granting the application will not be detrimental or
injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety,
general welfare or convenience because the addition is at the front of the lot adjacent to two public streets
Design Review and Front Setback Variance 185 Pepper Avenue
4
(Pepper Avenue and Ralston Avenue); and that the applicant had made substantial changes to the project to
reduce the appearance of bulk and mass to this corner lot by reducing the size of the front porch and adding
more landscaping on the edge that the existing landscaping and trees help in reducing the appearance of bulk
and massing, and that the proposed addition interfaces well with the adjacent properties. Forthese reasons,the
project may be found to be compatible with the requirements of the City’s five design review criteria.
Planning Commission Action:The Planning Commission should conduct a public hearing on the application
and consider public testimony and the analysis contained within the staff report. Action should include specific
findings supporting the Planning Commission's decision and should be affirmed by resolution of the Planning
Commission. The reasons for any action should be stated clearly for the record. At the public hearing the
following conditions of approval should be considered:
1. that the project shall be built as shown on the revised plans submitted to the Planning Division date
stamped November 15, 2018, sheets A0 through A11;
2. 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);
3. 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;
4. that any recycling containers, debris boxes or dumpsters for the construction project shall be placed
upon the private property, if feasible, as determined by the Community Development Director;
5. 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;
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;
7. 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, 2016
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:
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
Design Review and Front Setback Variance 185 Pepper Avenue
5
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 framing inspection the applicant shall provide a certification by the project
architect or residential designer, or another architect or residential design professional, that
demonstrates that the project falls at or below the maximum approved floor area ratio for the property;
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 Division; and
13. that prior to final inspection, Planning Division 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.
Sonal Aggarwal
Contract Planner
c. Barzin Keyhan Khadiv, applicant and designer
Durwin and Carey Beth Tsay, property owners
Attachments:
October 9, 2018, Planning Commission Minutes
Application to the Planning Commission
Variance Application
Design Review Consultant’s Analysis, dated November 7, 2018
Letter from the property Owners, submitted August 23, 2018
Planning Commission Resolution (Proposed)
Notice of Public Hearing – Mailed November 16, 2018
Area Map
Separate Attachments:
Historic Resource Evaluation conducted by Page & Turnbull, Inc., dated May 17, 2018
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Secretary
RESOLUTION APPROVING CATEGORICAL EXEMPTION, DESIGN REVIEW AND
VARIANCE
RESOLVED, by the Planning Commission of the City of Burlingame that:
WHEREAS, a categorical exemption has been proposed and application has been made for
Design Review and Front Setback Variance for a first and second story addition to an existing
single-family dwelling at 185 Pepper Avenue, zoned R-1, Durwin and Carey Beth Tsay, property
owners, APN: 028-263-010;
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
November 26, 2018, 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 RESOLVED and DETERMINED by this Planning Commission 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 categorical exemption, per the California Environmental Quality
Act (CEQA), per Section 15301 (e)(1) of the CEQA Guidelines, which states that
additions to existing structures are exempt from environmental review, provided the
addition will not result in an increase of more than 50% of the floor area of the structures
before the addition, is hereby approved.
2. Said Design Review and Variance is approved subject to the conditions set forth in
Exhibit “A” attached hereto. Findings for such Design Review are 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.
Chairman
I, , Secretary of the Planning Commission of the City of
Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a
regular meeting of the Planning Commission held on the 26th day of November 2018 by the
following vote:
EXHIBIT “A”
Categorical Exemption, Design Review and Variance
185 Pepper Avenue
Effective December 6, 2018
Page 1
1. that the project shall be built as shown on the revised plans submitted to the Planning
Division date stamped November 15, sheets A0 through A11;
2. 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);
3. 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;
4. that any recycling containers, debris boxes or dumpsters for the construction project
shall be placed upon the private property, if feasible, as determined by the Community
Development Director;
5. 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;
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;
7. 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, 2016 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:
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 framing inspection the applicant shall provide a certification
by the project architect or residential designer, or another architect or residential design
professional, that demonstrates that the project falls at or below the maximum approved
floor area ratio for the property;
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 Division;
and
13. that prior to final inspection, Planning Division 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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