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HomeMy WebLinkAboutAgenda Packet - PC - 2018.05.14Planning Commission City of Burlingame Meeting Agenda - Final BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Council Chambers7:00 PMMonday, May 14, 2018 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES 4. APPROVAL OF AGENDA 5. PUBLIC COMMENTS, NON-AGENDA Members of the public may speak about any item not on the agenda. Members of the public wishing to suggest an item for a future Planning Commission agenda may do so during this public comment period . The Ralph M. Brown Act (the State local agency open meeting law) prohibits the Planning Commission from acting on any matter that is not on the agenda. Speakers are asked to fill out a "request to speak " card located on the table by the door and hand it to staff, although the provision of a name, address or other identifying information is optional. Speakers are limited to three minutes each; the Chair may adjust the time limit in light of the number of anticipated speakers. 6. STUDY ITEMS 7. CONSENT CALENDAR Items on the consent calendar are considered to be routine. They are acted on simultaneously unless separate discussion and /or action is requested by the applicant, a member of the public or a commissioner prior to the time the Commission votes on the motion to adopt. 1556 Alturas Drive, zoned R -1 - Application for a one-year permit extension for an approved permit for Design Review and Hillside Area Construction Permit for first and second story additions to an existing single -family dwelling. This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (e)(1). (Mark Wilson, applicant; Jeff Baleix, architect; Ken Woo, property owner) (42 noticed) Staff Contact: Erika Lewit a. 1556 Alturas Dr - Staff Report 1556 Alturas Dr - Attachments 1556 Alturas Dr - plans - 05.14.18 Attachments: Page 1 City of Burlingame Printed on 5/11/2018 May 14, 2018Planning Commission Meeting Agenda - Final 705 Vernon Way, zoned R-1 - Application for Design Review for a first and second story addition to an existing single family dwelling. The project is Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per Section 15301 (e) (1) of the CEQA Guidelines. (Geurse Conceptual Designs, Inc ., Jesse Geurse, applicant and designer; Peter and Hillary Blum, property owners) (145 noticed) Staff Contact: Catherine Keylon b. 705 Vernon Way - Staff Report 705 Vernon Way -Attachments 705 Vernon Way - plans - 05.14.18 Attachments: 13 Victoria Road, zoned R -1 - Application for Design Review (major renovation) for a first and second story addition to an existing single family dwelling with detached garage. This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 (e)(2). (Jesse Geurse, Geurse Conceptual Designs, Inc., applicant and designer; Patrick O'Connell, property owner) (205 noticed) Staff Contact: 'Amelia Kolokihakaufisi c. 13 Victoria Rd - Staff Report.pdf 13 Victoria Rd - Attachments.pdf 13 Victoria Rd - Plans - 05.14.18.pdf Attachments: 8. REGULAR ACTION ITEMS 1316 Laguna Avenue, zoned R-1- Application for Design Review for a first and second story addition and a new detached garage. This project is Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per Section 15301 (e)(1) of the CEQA Guidelines. (Xie Guan , Xie Associate, applicant and architect; Carolyn Bao, property owner) (134 noticed) Staff contact: Catherine Keylon a. 1316 Laguna Ave - Staff Report 1316 Laguna Ave - Attachments 1316 Laguna Ave - plans - 05.14.18 Attachments: 373 Lexington Way, zoned R-1 - Application for Design Review for a major renovation and a first-floor addition to an existing single -family dwelling with an attached garage. This project is categorically exempt from the California Environemntal Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (e) (1). (Geurse Conceptual Designs, Inc ., Jesse Geurse, applicant and designer; Gary Haslam, property owner) (XX noticed) Staff Contact: Sonal Aggarwal b. 373 Lexington Way- Staff Report- 5.14.18.pdf 373 Lexington Way- Attachment- 5.14.18.pdf 373 Lexington- Plans- 5.14.18.pdf Attachments: Page 2 City of Burlingame Printed on 5/11/2018 May 14, 2018Planning Commission Meeting Agenda - Final 2720 Trousdale Drive, zoned R-1 - Application for Hillside Area Construction Permit for a first floor addition to an existing single family dwelling. This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (e)(1). (Gautam Dusija, applicant and property owner; Enrique Eckhaus, Eckhaus Designs, designer) (?? noticed) Staff Contact: Ruben Hurin c. 2720 Trousdale Dr - Staff Report 2720 Trousdale Dr - Attachments 2720 Trousdale Dr - Plans - 05.14.18 Attachments: 825 Edgehill Drive, zoned R-2- Application for Design Review including a first and second story addition to convert a single family dwelling to a duplex. The project is Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per Section 15303 (a) of the CEQA Guidelines. (JoAnn Gann, applicant and designer; Greg Scopazzi, property owner) (60 noticed) Staff contact: Catherine Keylon d. 825 Edgehill Dr - Staff Report 825 Edgehill Dr - Attachments 825 Edgehill Dr - plans - 05.14.18 Attachments: 615 Airport Boulevard, zoned AA - Application to renew a Conditional Use Permit for long term airport parking as an interim use. This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301. (Airport Parking LLC, applicant and property owner) (XX noticed) Staff Contact : Ruben Hurin e. 615 Airport Blvd - Staff Report 615 Airport Blvd - Attachments 615 Airport Blvd - Plans - 05.14.18 Attachments: Proposed Amendments to Title 25, Chapters 25.08, 25.26, 25.59, 25.60, and 25.70 to update existing Accessory Dwelling Unit regulations to be consistent with recently adopted amendments to California Government Code Section 65852.2. f. ADU Staff Report - FINAL 5.10.18 ADU ord change REDLINES.reso REDLINED- ADU code changes 2018- FINAL CLEAN VERSION- ADU code changes 2018- FINAL ADU 2018 ord change -newspaper notice Attachments: 9. DESIGN REVIEW STUDY Page 3 City of Burlingame Printed on 5/11/2018 May 14, 2018Planning Commission Meeting Agenda - Final 1125 Jackling Drive, zoned R -1 - Application for Design Review for a first and second story addition to an existing single family dwelling (James Neubert, applicant and architect; Michael Stein, property owner) (32 noticed) Staff Contact: Erika Lewit a. 1125 Jackling Dr - Staff Report 1125 Jackling Dr - attachments 1125 Jackling Dr - plans - 05.14.18 Attachments: 709 Plymouth Way, zoned R-1 - Application for Design Review for first and second story addition to an existing single family dwelling with an attached garage (Jesse Guerse, designer; Luai Kaileh, applicant; Ibrahim and Maha Kaileh, property owners) (69 noticed) Staff Contact: Erika Lewit b. 709 Plymouth Way - Staff Report 709 Plymouth Way - Attachments 709 Plymouth Way - plans - 05.14.18 Attachments: 10. COMMISSIONER’S REPORTS 815 Maple Avenue - FYI for review of revision requested by the Planning Commission for a previously approved Design Review project. a. 815 Maple Ave - Memo.pdfAttachments: 1402 Grove Avenue - FYI for review of revisions requested by the Planning Commission for a previously approved Design Review project. b. 1402 Grove Avenue- FYI Memo and Attachments.pdfAttachments: 2683 Summit Drive - FYI for changes to a previously approved Design Review project.c. 2683 Summit Drive- FYI Memo and Attachments.pdfAttachments: 11. DIRECTOR REPORTS - Commission Communications - City Council regular meeting May 7, 2018 12. ADJOURNMENT Note: An action by the Planning Commission is appealable to the City Council within 10 days of the Planning Commission's action on May 14, 2018. If the Planning Commission's action has not been appealed or called up for review by the Council by 5:00 p.m. on May 24, 2018, the action becomes final. In order to be effective, appeals must be in writing to the City Clerk and must be accompanied by an appeal fee of $533, which includes noticing costs. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection during normal business hours at the Community Development/Planning counter, City Hall, 501 Primrose Road, Burlingame, California. Page 4 City of Burlingame Printed on 5/11/2018 PROJECT LOCATION 373 Lexington Way Item No. 8b Action Item City of Burlingame Design Review Address: 373 Lexington Way Meeting Date: May 14, 2018 Request: Application for Design Review for a major renovation and a first-floor addition to an existing single- family dwelling with an attached garage. Applicant and Designer: Jesse Geurse APN: 029-192-020 Property Owner: Gary Haslam Lot Area: 5,375 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. Project Description: The existing one-story house with an attached one-car garage is located on an interior lot on Lexington Way. It contains 1,386 square feet (SF) (0.25 Floor Area Ratio, FAR) of floor area and has three bedrooms. The applicant proposes a major remodel by removing all exterior walls and retaining walls around the garage, living room and laundry room. The new house will have a new front porch and decorative stone veneer siding on exterior finish of the garage and the porch. The proposed remodel will increase the floor area of the project to 2,147 SF (0.39 FAR), where 2,820 SF is the maximum allowed per the code. The project would be 67 3 SF below the maximum allowed floor area. However, the project would reach closer to its maximum allowed lot coverage, where 2,150 SF is the maximum allowed lot coverage and 2,131 SF is the proposed lot coverage. The proposed project would be 19 SF below the allowed lot coverage. All other zoning requirements such as s etbacks comply. The project includes three bedrooms. Based on the number of bedrooms, the project requires two (2) parking spaces, with one (1) of which that must be covered. With the proposed project, no new bedrooms are proposed and the project would retain its exiting one-car attached garage. However, with the construction, the interior width of the existing garage would be reduced by one (1) foot to accommodate the storage cabinets and coat closet wall. The garage would now have clear interior dimensions of 10’-2 ½” x 18’-0”, where 9’-0” x 18’-0” is required for existing one car garage and one uncovered space 9’-0” x 20’-0” is provided within the driveway. Therefore, the project is in compliance with o ff-street parking requirements. The project complies with all other Zoning Code requirements. The applicant requests the following:  Design Review for an addition to an existing second story of a single-family dwelling (CS 25.57.010 (a) (3), (4) and (5)). 373 Lexington Way Lot Size: 5,375 SF Plans date stamped: May 4, 2018 EXISTING PROPOSED ALLOWED/REQ’D SETBACKS Front (1st flr): 21’- 0 ½” 21’-10” (up to front porch) 15'-0" or 19’-5” (block average) Side (left): (right): 7’-10 ½” 7’-1” 4’-0 ½” (up to the hot tub) 4’-8 ½” (at the rear addition) 4’-0" 4’-0" Rear (1st flr): 39’-0” 21’-11 ½” 15'-0" Item No. 8b Action Item Design Review 373 Lexington Way 2 373 Lexington Way Lot Size: 5,375 SF Plans date stamped: May 4, 2018 EXISTING PROPOSED ALLOWED/REQ’D Lot Coverage: 1.850 SF 34.4 % 2,131 SF 39.6 % 2,150 SF1 40% FAR: 1,386 SF 0.25 FAR 2,147 SF 0.39 FAR 2,820 SF 2 0.52 FAR # of bedrooms: 3 3 --- Off-Street Parking: 1 covered (11’-2 ½ ”X18’-0”) 1 Uncovered (9’-0”X20’-0”) 1 covered (10’-2 ½ ” X18’-0”) 1 Uncovered (9’-0”X20’-0”) 1 covered (9’x18’ for existing garage) 1 uncovered (9'x20') Height: 17’- 5” 25’- 7” 30'-0" DH Envelope: complies complies CS 25.26.075 1 (0.40 X 5,375 SF) = 2,150 SF (40%) 2 (0.32 x 5,375 SF) + 1100 SF = 2,820 SF (0.52 FAR) Staff Comments: See attached memos from the Engineering, Building, Fire, Parks, and Stormwater Divisions. The changes made to the design were architectural and it doesn’t affect the zoning compliance above. Design Review Study Meeting: At the Planning Commission design review study meeting on April 23, 2018, the Commission raised concerns on the side yard courtyard and stated that it would create opportunities for gathering which could create privacy issues for the right -side neighbor. Other than this, the commission was satisfied with the design and voted to place the item on the regular action calendar when the plans have been revised and reviewed by the Planning Division (see attached April 23, 2018, Planning Commission Minutes). The applicant submitted a response letter dated May 3, 2018, and revised sheets dated May 4, 2018. In the revision, the applicant has removed the seating from the courtyard and planted screening trees to address the privacy issue. Other than this there were no other changes made to the plans. The changes made would not affect the zoning compliance above. 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. Design Review 373 Lexington Way 3 Suggested Findings for Design Review: The project would maintain the character of the neighborhood by proposing a single-story addition. The addition would align with the existing character of the neighborhood which has predominantly single-story houses with a few second-story homes located on the right-side of the property. The materials that are used in the construction such as asphalt shingle roof, decorative standing seem metal roof, pre-fab shed roof and decorative stone veneer are high quality and would enhance the appearance of the neighborhood. Overall, the house is well -designed and fits well within the existing neighborhood. At April 23, 2018, Design Review meeting, Planning Commissioners indicated that the home is well designed and voted to place it on the Action calendar. For these reasons, the project may be found to be compatible with the requirements of the City's five design 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 Co mmission. 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 revised plans submitted to the Planning Division date stamped May 4, 2018, sheets T0 through AD.2; 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 the conditions of the Engineering Division's March 2 1, 2018 and January 26, 2018 memos, the Building Division's March 21, 2018 and January 25, 2018 memos, the Parks Division's February 7, 2018, Fire Department’s March 26, 2018 and February 1, 2018 memos and the Stormwater Division's March 2, 2018 memo shall be met; 5. 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 Dire ctor; 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 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 th e Planning Commission, or City Council on appeal; 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 detail s 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 alteratio n projects to submit a Waste Reduction plan Design Review 373 Lexington Way 4 and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 10. that the project shall meet all the requirements of the California Buildi ng and Uniform Fire Codes, 2013 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 wi ndow 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 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; 13. 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 14. 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. Jesse Geurse, applicant and designer Gary Haslam, property owner Attachments: Design Review Study Meeting Minutes, April 23, 2018 Applicant’s Response to Commission’s Comments, dated May 3, 2018 Application to the Planning Commission Staff Comments Planning Commission Resolution (Proposed) Notice of Public Hearing – Mailed May 4, 2018 Aerial Photo BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 City of Burlingame Meeting Minutes - Draft Planning Commission 7:00 PM Council ChambersMonday, April 23, 2018 b.373 Lexington Way, zoned R-1- Application for Design Review for a major renovation and a first floor addition to an exsiting single family dwelling with an attached garage (Jesse Geurse, Guerse Conceptual Designs, Inc ., applicant and designer; Gary Haslam, property owner) (120 noticed) Staff Contact: Sonal Aggarwal 373 Lexington Way- Staff Report- 4.23.18 373 Lexington Way- Attachment- 4.23.18 373 Lexington Way- Plans- 4.23.18 Attachments: All Commissioner had visited the property. There were no ex-parte communications to report. Community Development Director Meeker provided an overview of the staff report. Questions of Staff: There were no questions of staff. Vice-Chair Gaul opened the public hearing. Jesse Geurse represented the applicant. Commission Questions/Comments: >Is the window in the gable just into attic space? (Geurse: yes, purely decorative.) >On the side elevation; is the reason for the difference in the gable pitch to provide more ceiling height in the rear? (Geurse: yes, his the property owners are quite tall, so wanted to keep the volume. Also wanted to keep the chimney that exists.) >What is the purpose of the "courtyard"? (Geurse: lounge/seating area. Are working around the lot-coverage restrictions to ensure compliance. It currently exists. The courtyard is off of a long hallway leading to the rear of the house. Provides more of an open feeling.) >Likes the design. >On Sheet AD.1, will need a clean-out for the loop vent detail. Public Comments: There were no public comments. Vice-Chair Gaul closed the public hearing. Commission Discussion: >Likes the house, but is concerned about having a courtyard in the middle of the building. Not in keeping with the pattern of houses in Burlingame. The courtyard could be a source of noise when it is in use; could disturb the neighbor. Not desirablele feature in a densely packed neighborhood, particularly in Page 1City of Burlingame Printed on 5/9/2018 April 23, 2018Planning Commission Meeting Minutes - Draft this instance where the neighbor's home is so close. Doesn't think this detail is a good idea. Can't support the project as long as the courtyard is being provided. >Well-crafted design, but the point about the courtyard is valid. >The courtyard will act similar to a deck and will become a gathering space. >Likes that a one -story addition is proposed; is a good approach for the neighborhood, but the courtyard may require closer examination. >Feels that the courtyard may not be a great space for the owner to use; perhaps relocate this open space. Commissioner Sargent made a motion, seconded by Commissioner Gaul, to the item on the Regular Action Calendar when ready for action. Vice-Chair Gaul asked for a voice vote, and the motion carried by the following vote: Aye:Sargent, Loftis, Comaroto, Gaul, and Terrones5 - Absent:Kelly, and Gum2 - Page 2City of Burlingame Printed on 5/9/2018 Geurse Conceptual Designs, Inc. 405 Bayswater Avenue Burlingame, California 94010 May 3, 2018 City of Burlingame attn: Sonal Aggarwal, Plan checker 501 Primrose Road Burlingame, CA 94010 re: Response to Planning Commission’s comments per meeting on April 23, 2018 Planning Commission Meeting Dear Members of the City of Burlingame Planning Commission, We thank you for your concerns and suggestions made with regard to our application for design review for the proposed addition to the residence located at 373 Lexington Way. We too, are architecturally sensitive and very eager to address your concerns. We had responded to your your comments either verbally or per plans. We hope that you find the revised project acceptable for approval. Please see below for response to changes. In response to your particular comments and or recommendations: 1. Commissioner loftis: “Comment regarding courtyard” a) GCD Response: We had discussed and reviewed the courtyard along the side of the property and would like to commission to understand that the current side yard was used as open space and that a deck and bbq was always located off the dining room as shown in demolition plan. Sheet DM.1. My client had meet with the adjacent Neighbor and showed them the intended re-design From their meeting the neighbor had no issues with noise or visibility in the past and had no issues with the new design. We would also like to add that the entire lenght of that side of the property is flanked with tall screening trees which are to remain on site with the new renovation. In review of the space my clients have decided that the fireplace was not necessary but would like a garden planter within the space to add vegetation and a focall point of interest while walking through the hallway to the kitchen and the family room. Please refer to SP.1, A.1 and A.4 for planter. We hope that the revisions are acceptable to move this project forward. Thank you for this opportunity to further consider our proposed addition and the following changes. Should you have additional questions or concerns, please do not hesitate to contact us at 650-703-6197 Sincerely, Jesse Geurse Project Address: 373 Lexington Way, zoned R-1, APN: 029-192-020 Description: Request for Design Review for a major renovation and a first and second story addition to an existing single family dwelling with an attached garage. From: Rick Caro III Building Division Please address the following comments at this time; provide a written response and revised plans with your resubmittal: No Comment The following comments do not need to be addressed now, but you should be aware of them as they will need to be addressed at time of building permit submittal. 9) On the plans specify that the roof eaves will not project within two feet of the property line 2016 CRC § Table R302.1 (1) or 2016 CBC Table 705.2. Note: it does not state on the drawing on sheet A.2 that the roof eaves will not project within two feet of the property line. 11) Indicate on the floor plans that exterior bearing walls less than five feet from the property line will be built of one-hour fire-rated construction. 2016 CRC Table R302.1 (1) § or 2016 CBC, Table 602) Note: That the wall legend on sheet A.1 which reflects a one hour wall, is not reflected on the floor plan. Indicate on the floor plan which walls are required to be of one hour construction. 12) On the plans show that all openings in exterior walls, both protected and unprotected, will comply with 2016 CBC, Table 705.8. Provide a table or chart that specifies 1) the openings allowed and; 2) the size and percentage of the openings proposed. Note: The response given by GCD that they Reviewed and project complies does not show how the openings in the exterior walls both protected and unprotected comply with the code. Provide a chart or table which shows the size and percentages proposed. 13) RESIDENTIAL: Rooms that could be used for sleeping purposes must have at least one window or door that complies with the egress requirements. On the elevation drawings specify the location and the net clear opening height and width of all required egress windows. 2016 California Residential Code 2016 CRC § R310 or CBC 1030. Note: The elevation drawings do not reflect the net clear opening height and width of all the required egress windows. Project Comments – Planning Application 18.10.100 Appendix C, Figure C amended—Exit terminals of mechanical draft and direct-vent venting systems. The Figure in Appendix C of the 2016 California Residential Code is amended by adding the following note: Acknowledge that where the property line is less than ten (10) feet from the exit terminal of any newly installed or replacement high efficiency mechanical equipment the pipe size of the final ten (10) feet of any terminal must be increased to three inches (3″) or, as an alternative, manufacturer-approved baffles must be installed. (Ord. 1856 § 7, (2010); Ord. 1889 § 8, (2013)) Reviewed By: Rick Caro III Date: March 21, 2018 650 558-7270 Project Address: 373 Lexington Way, zoned R-1, APN: 029-192-020 Description: Request for Design Review for a major renovation and a first and second story addition to an existing single family dwelling with an attached garage. From: Christine Reed Fire Dept. Please address the following comments at this time; provide a written response and revised plans with your resubmittal: 1. Built-in fireplace unit providing an open flame shall be installed at least 15 feet from the structure or provide fire wall construction separation between the structure and fireplace unit that also provides both horizontal and vertical separation distance, based on manufacturer’s specifications. 3/26/18 Item addressed (sheet A.1). No further comments at this time. The following comments do not need to be addressed now, but you should be aware of them as they will need to be addressed at time of building permit submittal. Provide a residential fire sprinkler system throughout the residence: 1. Provide a 1-inch water meter or size to accommodate sprinkler system flow demand. 2. Provide a backflow prevention device/double check valve assembly – A schematic of water lateral line after meter shall be shown on Building permit plans prior to approval indicating location of the device after the split between domestic and fire protection lines. 3. Drawings submitted to Building Department for review and approval shall clearly indicate fire sprinklers shall be installed under a separate deferred fire permit, approved by the Fire Department prior to installation. 4. Fire flow shall meet requirements of California Fire Code Appendix B. Contact Burlingame Engineering Department for fire flow information. Reviewed By: Christine Reed Date: 3-26-18 650-558-7617 Project Comments – Planning Application ‘ Project Address: 373 Lexington Way, zoned R-1, APN: 029-192-020 Description: Request for Design Review for a major renovation and a first and second story addition to an existing single family dwelling with an attached garage. From: Martin Quan Public Works Engineering Please address the following comments at this time; provide a written response and revised plans with your resubmittal: 1. Due to the extensive amount of remodeling, the project will fall under “new construction”. Therefore, a remove/replace utilities encroachment permit will be required to (1) replace all curb, gutter, driveway and sidewalk fronting site, (2) plug all existing sanitary sewer lateral connections and install a new 4" lateral, (3) all water line connections to city water mains for services or fire line are to be installed per city standard procedures and specification, (4) any other underground utility works within city’s right-of-way. (Please show compliance on the site plan) 2. No comments at this time. The following comments do not need to be addressed now, but you should be aware of them as they will need to be addressed at time of building permit submittal. 3. Based on the scope of work, this is a “Type I” project that requires a Stormwater Construction Pollution Prevention Permit. This permit is required prior to issuance of a Building Permit. An initial field inspection is required prior to the start of any construction (on private property or in the public right-of- way). 4. Please submit an erosion control plan. This plan shall include, but not limited to, delineation of area of work, show primary and secondary erosion control measures, protection of creek or storm drain inlets, perimeter controls, protections for construction access points, and sediment control measures. Reviewed By: Martin Quan Date: 3/21/18 650-558-7245 Project Comments – Planning Application Project Address: 373 Lexington Way, zoned R-1, APN: 029-192-020 Description: Request for Design Review for a major renovation and a first and second story addition to an existing single family dwelling with an attached garage. From: Bob Disco Park Division Please address the following comments at this time; provide a written response and revised plans with your resubmittal: 1. No Comments The following comments do not need to be addressed now, but you should be aware of them as they will need to be addressed at time of building permit submittal. No protected trees proposed for removal; two new landscape trees added to rear landscape; existing landscape to remain Reviewed By: BD Date: 2.7.18 bdisco@burlingame.org Project Comments – Project Address: 373 Lexington Way, zoned R-1, APN: 029-192-020 Description: Request for Design Review for a major renovation and a first and second story addition to an existing single family dwelling with an attached garage. From: Carolyn Critz Stormwater Please address the following comments at this time; provide a written response and revised plans with your resubmittal: Project does not create or replace >2,500 square feet of impervious surface or use architectural copper. Nothing further needed at this time. The following comments do not need to be addressed now, but you should be aware of them as they will need to be addressed at time of building permit submittal. 1. Any construction project in the City, regardless of size, shall comply with the city’s stormwater NPDES permit to prevent construction activity stormwater pollution. Project proponents shall ensure that all contractors implement appropriate and effective Best Management Practices (BMPs) during all phases of construction, including demolition. When submitting plans for a building permit, please include a list of construction BMPs as project notes, preferably on a separate full size (2’x 3’ or larger) plan sheet. A downloadable electronic file is available at: http://www.flowstobay.org/Construction under Construction BMP Brochures: Construction BMP Plan Sheet. For further assistance regarding stormwater, please contact Carolyn Critz, Environmental Compliance Manager, at (650) 342 3727, ext. 118, or carolyn.critz@veolia.com Reviewed By: Carolyn Critz Date: March 2, 2018 (650) 342 3727, ext. 118 Project Comments – Planning Application Secretary RESOLUTION APPROVING CATEGORICAL EXEMPTION AND DESIGN REVIEW 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 for a major renovation and a first-floor addition to an existing single-family dwelling with an attached garage at 373 Lexington Way, zoned R-1, Gary Haslam, property owner, APN: 029-192-020; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on May 14, 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 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 14th day of May, 2018 by the following vote: EXHIBIT “A” Categorical Exemption and Design Review 373 Lexington Way Effective May 25, 2018 Page 1 1. that the project shall be built as shown on the revised plans submitted to the Planning Division date stamped May 4, 2018, sheets T0 through AD.2; 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 the conditions of the Engineering Division's March 21, 2018 and January 26, 2018 memos, the Building Division's March 21, 2018 and January 25, 2018 memos, the Parks Division's February 7, 2018, Fire Department’s March 26, 2018 and February 1, 2018 memos and the Stormwater Division's March 2, 2018 memo shall be met; 5. 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; 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 prior to issuance of a building permit for construction of the project, the pro ject 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; 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; 10. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2013 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 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; 13. 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 14. 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. City of Burlingame Hillside Area Construction Permit Address: 2720 Trousdale Drive Meeting Date: May 14, 2018 Request: Application for a Hillside Area Construction Permit for a first floor addition to an existing single family dwelling. Applicant and Property Owner: Gautam Dusija APN: 025-011-050 Designer: Enrique Eckhaus, Eckhaus Designs Lot Area: 14,604 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. Project Description: The subject property slopes downward from left to right and upward from front to rear. The existing house has an attached garage and contains 2,575 SF (0.18 FAR) and contains four bedrooms (existing family room qualifies as a bedroom since it is enclosed and measures 70 SF in area). The applicant is proposing a 257 SF first floor addition at the rear of the house, along the left side property line. The application also includes a 228 SF uncovered deck at the rear, center of the house. With the addition the floor area will increase to 2,832 SF (0.19 FAR) where 5,773 SF (0.39 FAR) is the maximum allowed. The subject property is located in the Hillside Area and Code Section 25.61.020 of the Burlingame Municipal Code states that no new structure or any addition to all or a portion of an existing structure shall be constructed within the affected area without a Hillside Area Construction Permit. The applicant is requesting the following application:  Hillside Area Construction Permit for a first floor addition to an existing single family dwelling (C.S. 25.61.020). The Planning Division processed the Hillside Area Construction Permit per C.S. 25.61.020 and mailed the public notice and reduced plans out for review on March 19, 2018. On March 23 and March 24, 2018 requests for review of this Hillside Area Construction Permit was filed by the uphill neighbors at 2724 and 2728 Trousdale Drive (see attached letters expressing their concerns with the proposed project). Story poles have been installed on the subject property showing the outline of the proposed first floor addition. The applicant provided a story pole plan and a certification of the story pole location dated April 17, 2018 from a licensed land surveyor (see attached). This space intentionally left blank. Item No. 8c Action Item Hillside Area Construction Permit 2720 Trousdale Drive -2- 2720 Trousdale Drive Lot Area: 14,604 SF Plans date stamped: May 4 , 2018 EXISTING PROPOSED ALLOWED/REQ'D SETBACKS Front: 19'-9" no change 15'-0" or block average Side (left): (right): 9'-6" 8'-0" 9’-6” no change 7'-0" 7'-0" Rear: 98'-10" 93'-10" 15'-0" Lot Coverage: 2704 SF 18.5% 3189 SF 21.8% 5841 SF 40% FAR: 2575 SF 0.18 FAR 2832 SF 0.19 FAR 5773 SF ¹ 0.39 FAR # of bedrooms: 4 no change --- Off-Street Parking: 2 covered (20’ wide x 22’-10” deep) 1 uncovered (9' x 20') 2 covered (20’ wide x 21’-10” deep) 1 uncovered (9' x 20') 1 covered (10' x 20') 1 uncovered (9' x 20') Height: 10'-6" above existing finished floor level 11’-0” above existing finished floor level (12’-3” previously proposed) 30’-0” DH Envelope: n/a n/a CS 25.26.075 ¹ (0.32 x 14,604 SF) + 1100 SF = 5,773 SF (0.39 FAR) Staff Comments: None. Design Review Study Meeting: At the Planning Commission study meeting on April 23, 2018, the Commission discussed the proposed project and voted to place this item on the regular action calendar when all information has been submitted and reviewed by the Planning Division (see attached April 23, 2018 Planning Commission Minutes). In their discussion, the Commission noted that there appears to be some intrusion into the view and therefore encouraged the applicant to work with the roof structure to attempt to match the existing ridge to minimize view impacts. The applicant submitted a response letter and revised plans, date stamped May 4, 2018, in response to the Commission’s comments. The applicant met with the neighboring property owner and analyzed several roof slopes and ridge heights. The applicant is proposing a ridge height of 11’-0” above the existing finished floor level (1’-3” lower than originally proposed and 0’-3” lower than the ridge height reflected in the story poles at the time of the study meeting). The applicant points out that the roofing manufacturer requires a minimum roof slope of 2:12 to maintain water flow and structural integrity. The proposed roof ridge height has a roof slope of 1.99:12, so reducing the roof ridge height any further would not be in compliance with the roofing manufacturer’s requirements. Staff would note that the story poles have been adjusted to reflect the revised roof ridge height of 11’-0” above the existing finished floor level. Please refer to the applicant’s May 4, 2018 response letter (attached) for a detailed description of their interaction with the neighboring property owner and analysis of the roof structure at the addition. Hillside Area Construction Permit 2720 Trousdale Drive -3- Required Findings for Hillside Area Construction Permit: Review of a Hillside Area Construction Permit by the Planning Commission shall be based upon obstruction by construction of the existing distant views of nearby properties. Emphasis shall be given to the obstruction of distant views from habitable areas within a dwelling unit (Code Sec. 25.61.060). Suggested Findings for Hillside Area Construction Permit: That the proposed single story addition at the rear of the house will have a hipped roof design with a roof slope of 1.99:12, which reduces the overall roof ridge height by an additional 1’-3” than what was originally proposed and therefore increases the long distant views from habitable areas of neighboring properties. For these reasons the project does not obstruct distant views from habitable areas with nearby dwelling units and therefore the project may be found to be compatible with hillside area construction permit 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 should be considered: 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped May 4, 2018, sheets A0 through A4, and that any changes to the footprint or envelope of the building shall require an amendment to this permit; 2. that a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Planning Division; the roof ridge height shall not exceed 11’-0” above the existing finished floor level; 3. 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; 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 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; 6. 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; and 7. 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 Senior Planner c. Gautam Dusija, applicant and property owner Enrique Eckhaus, Eckhaus Designs, designer Hillside Area Construction Permit 2720 Trousdale Drive -4- Attachments: April 23, 2018 Planning Commission Minutes Applicant’s Response Letter and Attachments, dated May 4, 2018 Application to the Planning Commission Story Pole Certification, dated April 17, 2018 Story Pole Plan Letter and Attachment submitted by Jakie Lim and Daniel Perez, dated May 2, 2018 Letter and Photographs submitted by Jakie Lim, dated April 20, 2018 Letter submitted by Jane L. Dulay, M.D., dated April 18, 2018 Letter submitted by Jakie Lim, dated March 26, 2018 Letter submitted by Jakie Lim, Grace Lim, Cathy Lim, Soon Lim, Carol Lim, Peter Oh, Tom Kim and Christian Kim, dated March 24, 2018 Email submitted by Roseann Goodwin, dated March 27, 2018 Email submitted by Roseann Goodwin, dated March 23, 2018 Planning Commission Resolutions (Proposed) Notice of Public Hearing – Mailed May 4, 2018 Area Map BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 City of Burlingame Meeting Minutes - Draft Planning Commission 7:00 PM Council ChambersMonday, April 23, 2018 a.2720 Trousdale Drive, zoned R -1 - Application for Hillside Area Construction Permit for a first floor addition to an existing single family dwelling (Gautam Dusija, applicant and property owner; Enrique Eckhaus, Eckhaus Designs, designer) (71 noticed) Staff Contact: Ruben Hurin 2720 Trousdale Dr - Staff Report 2720 Trousdale Dr - Attachments 2720 Trousdale Dr - Plans - 04.23.18 Attachments: All Commissioners had visited the property. Commissioner Terrones noted that he visited the property at 2724 Trousdale Drive to view the story poles on the subject site. Vice-Chair Gaul noted that he had visited the property at 2728 Trousdale Drive to view the story poles on the subject site. Community Development Director Meeker provided an overview of the staff report. Questions of Staff: There were no questions of staff. Vice-Chair Gaul opened the public hearing. Enrique Eckhaus, Gautam Dusija and Parishna Patia represented the applicant Commission Questions/Comments: >How high will the new roof ridge be when compared to the existing ridge. (Eckhaus: about ten inches higher.) >Are the drawings inaccurate? (Eckhaus: yes, the actual roofline is 3:12, not 4:12. Provided photos showing the story poles.) >The survey shows the height of the ridge above grade as being 11.3-feet above the ground, but the plans show this dimension to be 12.3-feet; which is correct? (Eckhaus: 11.3-feet is the correct measurement.) Public Comments: Joe Bravo, attorney for neighbor at 2724 Trousdale Drive: requested the opportunity to work with the applicant to consider lowering the ridgeline. Jackie Lim, 2724 Trousdale Drive: have lived in their home for over 25-years. Expressed concerns about loss of views from her property and its effect on property value and family's quality of life. Provided photos showing view impacts. Unidentified Neighbor: confirmed that the proposed addition will block a significant portion of the prior speaker's view. Encouraged keeping the roofline lower. Page 1City of Burlingame Printed on 5/9/2018 April 23, 2018Planning Commission Meeting Minutes - Draft Vice-Chair Gaul closed the public hearing. Commission Discussion: >Was able to visit the adjacent property to view the addition. The addition will intrude into the view; not certain of the extent. The photos provided make it look more extreme than what will be the reality. The application is fairly de -minimus. Encouraged applicant to work with the roof structure to attempt to match the existing ridge to minimize view impacts. >Typically look at view impacts from interior spaces. Don't look at views from the furthest reaches of an exterior deck. >Was in the back yard of the neighbor at 2728 Trousdale Drive. Had to go to the fence to see the addition. Fortunate that the addition is on the uphill side and is only a single -story. Is not far from being approved, but need to address the ridge height. No action was required on this item. Page 2City of Burlingame Printed on 5/9/2018 Secretary RESOLUTION APPROVING CATEGORICAL EXEMPTION AND HILLSIDE AREA CONSTRUCTION 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 Hillside Area Construction Permit for a first floor addition to an existing single family dwelling at 2720 Trousdale Drive, zoned R-1, Gautam Dusija, property owner, APN: 025-011-050; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on May 14, 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 (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 Hillside Area Construction Permit is approved subject to the conditions set forth in Exhibit “A” attached hereto. Findings for such Hillside Area Construction 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 14th day of May, 2018 by the following vote EXHIBIT “A” Conditions of Approval for Categorical Exemption and Hillside Area Construction Permit. 2720 Trousdale Drive Effective May 24, 2018 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped May 4, 2018, sheets A0 through A4, and that any changes to the footprint or envelope of the building shall require an amendment to this permit; 2. that a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Planning Division; the roof ridge height shall not exceed 11’-0” above the existing finished floor level; 3. 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; 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 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; 6. 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; and 7. 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. AREA TO BE VENTED = 256 SF UNDERFLOOR VENT CALCULATIONS: 1.70 SF.=150 256 BLOCK VENT = 3 SF W/ SCREENED 12" 6" BLK. VENT SIZE 6" X 12" = .5 SF. .42 SF. PER BLOCK .14 SF. (3) = .42 SF. 2.5" 1.70 SF=150 256 W/ SCREENED ROOF VENT CALCULATIONS: AREA TO BE VENTED = 256 SF. 6 PCS BLOCK VENT = 2.7 SF BLK. VENT Openings to have 1/4" corrosion resistant metal mesh covering Openings to have 1/4" corrosion resistant metal mesh covering 2X2 PICKETS @ 5" O.C. LOWER RAIL MUST NOT ALLOW 4" DIA. SPHERE TO PASS THROUGH. SEE PLAN 4X4 RAIL POST 42" MIN. 8" max 10" MIN. 38" MIN. STAIR SECTION # 2 2 X 12 STRINGER 6" X 12" X 12" DEEP FTG. REAR ELEVATION SCALE: 3/16" = 1'-0" 21'-0" NEW ADDITION 8'-1"TOP PLATE FINAL FLOOR PROPOSAL 1 22'-10" NEW DECK 11'-0"12 1.99 SLOPE PL FENCEWALL9'-6" SET BACK NEW ADDITION 23'-2"8'-1"11'-0"TOP PLATE FINAL FLOOR LEFT ELEVATION SCALE: 3/16" = 1'-0" RIGHT ELEVATION SCALE: 3/16" = 1'-0"8'-1"11'-0"TOP PLATE FINAL FLOOR B A <N> 7/8" CEMENT PLASTER OVER TWO LEYER OF GRADE "D" PAPER BACKED WIRE. ASPHALT COMPO. SHINGLES OVER 15#ROOFING FELT OVER 5/8" THK. PLY. SHEATING B A <N> 7/8" CEMENT PLASTER OVER TWO LEYER OF GRADE "D" PAPER BACKED WIRE. ASPHALT COMPO. SHINGLES OVER 15#ROOFING FELT OVER 5/8" THK. PLY. SHEATING 12 3 12 3 “match existing colors and materials”. B A <N> 7/8" CEMENT PLASTER OVER TWO LEYER OF GRADE "D" PAPER BACKED WIRE. ASPHALT COMPO. SHINGLES OVER 15#ROOFING FELT OVER 5/8" THK. PLY. SHEATING 2 - P.O. BOX 783 - SALINAS,CA 93902 FX. (831) 287 - 0121 PH. (831) 794 - 2461 ENRIQUE ECKHAUS GIL. eeckhaus@pacbell.net eeeckhaus@gmail.com CODES. SHEET. JOB DRAWN DATE E.ECKHAUS/F.BALDERAS REVISIONS A2 FLOOR PLAN INDEX PLANS. 2017-085 JAN-09-2018 OWNER. PROJECT. BMP NOTES 2720 TROUSDALE DR BURLINGAME, CA. 94010 APN. 025011050 1 The 2016 CRC (Cal. Code Regs., Tit. 24) California Administrative Code Title 24 Part 1 California Building Code VOL. 1,2 Title 24 Part 2 California Residential Code Title 24 Part 2.5 California Electrical Code Title 24 Part 3 California Mechanical Code Title 24 Part 4 California Plumbing Code Title 24 Part 5 California Energy Code Title 24 Part 6 California Historical Building Code* Title 24 Part 8 California Fire Code Title 24 Part 9 California Existing Building Code* Title 24 Part 10 California Green Building Standards Code (also referred to as CALGreen) Title 24 Part 11 California Referenced Standards Code Title 24 Part 12 GAUTAM DUSIJA A1 SITE PLAN A0 GREEN BUILDING A4 ELEVATIONS A3 <E> FLOOR PLAN/ <E> ELEVATIONS T-24 ENERGYS S0.0 ABBREVIATIONS & SPECIAL INSPECTIONS S0.1 GENERAL NOTES S1.0 FOUNDATION/FLOOR PLAN S1.1 CEILING PLAN S1.2 ROOF PLAN S2.0 TYPICAL DETAILS S2.1 TYPICAL DETAILS MAY-03-18 WALL COVERING DETAIL.1 FIREPLACEFIRE PLACE <E> WINDOW <E> WINDOW <E> WINDOW<E>WINDOW<E> SLIDING DOOR <E>WINDOW<E>WINDOW<E>WINDOW<E>WINDOW<E>WINDOW<E> WINDOW<E> WINDOW 2.8/6.8 2.8/6.8 2.8/6.8 2.8/6.8 2.8/6.8 2.8/6.8 2.8/6.8 2.8/6.8 2.8/6.8 2.8/6.8<E>HOLLOWC.DR.<E>HOLLOWC.DR.<E> HOLLOW C. DR.<E>HOLLOWC.DR.<E>HOLLOWC.DR.<E>HOLLOWC.DR.<E>HOLLOWC.DR.2.8/6.8 <E> HOLLOW C. DR. <E> HOLLOW C. DR. <E> HOLLOW C. DR.<E>HOLLOWC.DR.<E>SOLIDC.DR.3.0/6.8 LEFT ELEVATION SCALE: 3/16" = 1'-0" RIGHT ELEVATION SCALE: 3/16" = 1'-0" REAR ELEVATION SCALE: 3/16" = 1'-0" FRONT ELEVATION SCALE: 3/16" = 1'-0" EXISTING CONDITIONS EXISTING CONDITIONS EXISTING CONDITIONS EXISTING CONDITIONS FLOOR PLAN SCALE: 3/16" = 1'-0"EXISTING CONDITIONS P.O. BOX 783 - SALINAS,CA 93902 FX. (831) 287 - 0121 PH. (831) 794 - 2461 ENRIQUE ECKHAUS GIL. eeckhaus@pacbell.net eeeckhaus@gmail.com CODES. SHEET. JOB DRAWN DATE E.ECKHAUS/F.BALDERAS REVISIONS A2 FLOOR PLAN INDEX PLANS. 2017-085 JAN-09-2018 OWNER. PROJECT. BMP NOTES 2720 TROUSDALE DR BURLINGAME, CA. 94010 APN. 025011050 1 The 2016 CRC (Cal. Code Regs., Tit. 24) California Administrative Code Title 24 Part 1 California Building Code VOL. 1,2 Title 24 Part 2 California Residential Code Title 24 Part 2.5 California Electrical Code Title 24 Part 3 California Mechanical Code Title 24 Part 4 California Plumbing Code Title 24 Part 5 California Energy Code Title 24 Part 6 California Historical Building Code* Title 24 Part 8 California Fire Code Title 24 Part 9 California Existing Building Code* Title 24 Part 10 California Green Building Standards Code (also referred to as CALGreen) Title 24 Part 11 California Referenced Standards Code Title 24 Part 12 GAUTAM DUSIJA A1 SITE PLAN A0 GREEN BUILDING A4 ELEVATIONS A3 <E> FLOOR PLAN/ <E> ELEVATIONS T-24 ENERGYS S0.0 ABBREVIATIONS & SPECIAL INSPECTIONS S0.1 GENERAL NOTES S1.0 FOUNDATION/FLOOR PLAN S1.1 CEILING PLAN S1.2 ROOF PLAN S2.0 TYPICAL DETAILS S2.1 TYPICAL DETAILS MAY-03-18 W D <E> ENTRY <E> FAMILY ROOM <E> DINING ROOM <E> LIVING ROOM <E> BEDROOM <E> BEDROOM<E> BEDROOM <E> KITCHEN <E> 2 CAR GARAGE CL CL CL CL CL CL CL <E> LAUNDRY <E> PORCH <E> GAS METER.<E> 200 AMP. ELECT. PANEL UFER GROUNDING-CONCRETE ENCASED ELECTRODE, NEC- 250-81 (C). REQ'D. <E> WATER METER.W GE “REPAIR/REPLACE ALL CRACKED AND UPLIFTED CURB/GUTTER AND SIDEWALK ALONG PROPERTY STREET FRONTAGE TO CITY STANDARDS. CONTRACTOR IS TO OBTAIN AN ENCROACHMENT PERMIT FROM PERMIT CENTER ENGINEERING FOR ANY WORK WITHIN THE PUBLIC RIGHT OF WAY.” ALL CONSTRUCTION WORK IN THE CITY RIGHT-OF-WAY WILL REQUIRE A SEPARATE ENCROACHMENT CONSTRUCTION PERMIT. THE FEE IS IN ADDITION TO AND SEPARATE FROM ANY DEVELOPMENT FEES ASSESSED BY THE BUILDING PERMIT. ENCROACHMENT PERMITS MAY BE OBTAINED AT THE SAME TIME AND RUN CONCURRENTLY WITH THE BUILDING PERMIT. <E> 200 AMP . ELECTRICAL PANEL.CONCRETE DOWNSPOUT DETAIL (TYP.) # 1 LANDSCAPING DOWNSPOUT LEGEND DENOTES ROOF DOWNSPOUT WITH CONCRETE SPLASHBLOCK DENOTES EXITING TURF OR NEW LANDSCAPING. LANDSCAPING TO BE ESTABLISHED AND MAINTAINED PRIOR TO FINAL INSPECTION. S FL DENOTES FLOWLINE SCALE: 1/8" = 1'-0" P.O. BOX 783 - SALINAS,CA 93902 FX. (831) 287 - 0121 PH. (831) 794 - 2461 ENRIQUE ECKHAUS GIL. eeckhaus@pacbell.net eeeckhaus@gmail.com CODES. SHEET. JOB DRAWN DATE E.ECKHAUS/F.BALDERAS REVISIONS A2 FLOOR PLAN INDEX PLANS. 2017-085 JAN-09-2018 OWNER. PROJECT. BMP NOTES 2720 TROUSDALE DR BURLINGAME, CA. 94010 APN. 025011050 1 The 2016 CRC (Cal. Code Regs., Tit. 24) California Administrative Code Title 24 Part 1 California Building Code VOL. 1,2 Title 24 Part 2 California Residential Code Title 24 Part 2.5 California Electrical Code Title 24 Part 3 California Mechanical Code Title 24 Part 4 California Plumbing Code Title 24 Part 5 California Energy Code Title 24 Part 6 California Historical Building Code* Title 24 Part 8 California Fire Code Title 24 Part 9 California Existing Building Code* Title 24 Part 10 California Green Building Standards Code (also referred to as CALGreen) Title 24 Part 11 California Referenced Standards Code Title 24 Part 12 GAUTAM DUSIJA A1 SITE PLAN A0 GREEN BUILDING A4 ELEVATIONS A3 <E> FLOOR PLAN/ <E> ELEVATIONS T-24 ENERGYS S0.0 ABBREVIATIONS & SPECIAL INSPECTIONS S0.1 GENERAL NOTES S1.0 FOUNDATION/FLOOR PLAN S1.1 CEILING PLAN S1.2 ROOF PLAN S2.0 TYPICAL DETAILS S2.1 TYPICAL DETAILS 204.50' PROPERTY LINE 160.61' PROPERTY LINE 80.00'PROPERTYLINE91.33'PROPERTYLI NE20'-0"42'-7"137'-4"8'-0"49'-6"21'-0"9'-6"19'-9"25'-9"7'-11"23'-2"93'-10"8'-1"41'-6"21'-0"9'-6"<N> ADDITION 256 SF. TO BE REMODEL APROX. 537 SF. <N> DECK 230 SF.APPROACHEFFECTIVE SOIL COVER SHALL BE PROVIDED ON ALL FINISHED SLOPES, OPEN SPACE, UTILITY BACKFILL AND COMPLETED LOTS THAT ARE NOT SCHEDULED TO BE RE - DISTURBED FOR MINIMALLY 14 DAYS. FINISH GRADE AROUND THE ADDITION SHALL SLOPE AWAY FROM THE FOUNDATION A MINIMUM OF 6 INCHES OVER 10 FEET. IMPERVIOUS SURFACES WITHIN 10 FEET OF THE BUILDING FOUNDATION SHALL BE SLOPED 2% MINIMUM AWAY FROM THE BUILDING. INCLUDE A NOTE ON THE SITE PLAN [§ R401.3 CRC] DRAINAGE SHALL NOT NEGATIVELY IMPACT ADJACENT PROPERTIES PROVIDE POSITIVE DRAINAGE TOWARDS STREET (TYP) PORTA-POTTY ARE TEMPORARY FOR CONSTRUCTION PURPOSES AND WILL BE REMOVED UPON COMPLETING OF PROJECT PORTA POTTY W/ SECONDARY CONTAINMENT AREA LOCATION DUMPSTERLOCATIONLOADINGMATERILASAREALOCATION1 BMP 1 BMP CONCRETE/STUCCO WASHOUT AREA. 5 BMP ACCESSROADSSHALLBECLEANEDDAILY(IFNECESSARY)ANDPRIORTOANYRAINEVENT.<E> PORCH 130 SF.SIDEWALK300.00'290.00'280.00' 280.00' 290.00' 300.00' 305.00'310.00'315.00'320.00'325.00'330.00' 330.00' 325.00' 320.00'315.00'310.00'305.00'SEDIMENTLOGS.SEDIMENTLOGS.S SSS S SCURBCURBBMP 4 W EG <E> RESIDENCE 2034 SF. <E> GARAGE 541 SF. ADJACENT HOUSE 5'-0" P.O. BOX 783 - SALINAS,CA 93902 FX. (831) 287 - 0121 PH. (831) 794 - 2461 ENRIQUE ECKHAUS GIL. eeckhaus@pacbell.net eeeckhaus@gmail.com CODES. SHEET. JOB DRAWN DATE E.ECKHAUS/F.BALDERAS REVISIONS A2 FLOOR PLAN INDEX PLANS. 2017-085 JAN-09-2018 OWNER. PROJECT. BMP NOTES 2720 TROUSDALE DR BURLINGAME, CA. 94010 APN. 025011050 1 The 2016 CRC (Cal. Code Regs., Tit. 24) California Administrative Code Title 24 Part 1 California Building Code VOL. 1,2 Title 24 Part 2 California Residential Code Title 24 Part 2.5 California Electrical Code Title 24 Part 3 California Mechanical Code Title 24 Part 4 California Plumbing Code Title 24 Part 5 California Energy Code Title 24 Part 6 California Historical Building Code* Title 24 Part 8 California Fire Code Title 24 Part 9 California Existing Building Code* Title 24 Part 10 California Green Building Standards Code (also referred to as CALGreen) Title 24 Part 11 California Referenced Standards Code Title 24 Part 12 GAUTAM DUSIJA A1 SITE PLAN A0 GREEN BUILDING A4 ELEVATIONS A3 <E> FLOOR PLAN/ <E> ELEVATIONS T-24 ENERGYS S0.0 ABBREVIATIONS & SPECIAL INSPECTIONS S0.1 GENERAL NOTES S1.0 FOUNDATION/FLOOR PLAN S1.1 CEILING PLAN S1.2 ROOF PLAN S2.0 TYPICAL DETAILS S2.1 TYPICAL DETAILS MAY-03-18 LOT COVERAGE CALCULATION: 1193.5 SF. (21' X 56'-10") HOUSE 1767.2 SF. (41'-6" X 42'-7") HOUSE 303 SF. (12' X 25'-3") DECK _______________________________ 3264 SF.( 22.3 %) <E> DRIVEWAY <E> WALKWAY <E> PATIO <E> LANDSCAPE <E> LANDSCAPE <E> LANDSCAPE WASHOUT Item No. 8e Regular Action Item City of Burlingame Renew Conditional Use Permit to Extend Long-Term Airport Parking Address: 615 Airport Boulevard Meeting Date: May 14, 2018 Request: Application to renew a Conditional Use Permit for long term airport parking as an interim use for a five-year term. Applicant: Airport Parking LLC, representing all property owners APN : 026-344-040, -050, -060, -070, -080, -090, -100; 026-363-300, -310, -320, -330, -340, -350, -360, -370, -380, & -390 Lot Area: 12.8 Acres MOL (combined area of lots) Zoning: AA (Anza Area) General Plan: Burlingame Bayfront Specific Plan: Hotels, Offices, Destination Restaurants and Selected Interim Uses Adjacent Development: Offices and Hotels CEQA Status: Article 19. Categorically Exempt per Section: 15301 - Existing facilities, Class 1(a), interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. Previous Use: Long-term Airport Parking Proposed Use: Long-term Airport Parking Allowable Use: Commercial parking lots in the Anza area require a Conditional Use Permit; limited to a 5-year term. Summary: The applicant, Airport Parking LLC representing the Anza Parking Corporation and the site property owners, is requesting to renew a Conditional Use Permit to continue operation of an existing long- term airport parking facility at 615 Airport Boulevard, zoned AA, for a five-year term. A Conditional Use Permit is required for an airport parking lot in the Anza Area, subject to the following criteria: 1. The sole purpose of the use is the parking for one day or longer of vehicles of persons using the San Francisco International Airport; 2. A minimum site size of three acres; 3. Permit term limited to five years or less; 4. No more peak hour vehicle trips are generated than allowed by the traffic analyzer for the use designated for the site in the general plan; 5. The Anza subarea design guidelines from the adopted Bayfront Specific Plan and Bay Conservation and Development Commission public access requirements are met; and 6. No parking is within a structure above or below grade. The Planning Commission first granted approval to operate a long-term airport parking facility at this location in 1971, and new permits have been issued over the years for consecutive five year periods. The last approval for the site became effective on January 24, 2013 with an expiration date of July 20, 2018. This application was submitted to extend this use for another five year period until July 20, 2023. In the past, the Planning Commission and City Council have strongly encouraged owners of long-term airport parking lots and automobile rental storage lots to explore opportunities for development of these sites for higher and better permanent uses consistent with the applicable zoning district in which a property is situated. In the case of extending the Conditional Use Permit for the automobile rental, storage and repair facility at 778 Burlway Road (Enterprise), the City Council approved a 7-year extension (until October 2023) with conditions of approval requiring the applicant to meet milestones to provide assurance that satisfactory progress is made towards development of the site. Renew Conditional Use Permit 615 Airport Boulevard 2 Within the last two years, potential developers have met with Planning staff to discuss development options for the site. In his letter dated October 31, 2017, Mark Hudak (representing Airport Parking, LLC), notes that “In order for the redevelopment process to be conducted fairly during the long review period, it is important that the owners have the security of knowing that they can continue to operate the parking facility without interruption” and therefore is requesting to renew the Conditional Use Permit. In addition, the General Plan Update and the anticipated Zoning Ordinance Update may provide additional land use options or changes to development regulations which would affect development of the site. The proposal is to continue to provide long term airport parking, with a total of 1,236 parking spaces and 12 passenger buses parked on–site. The project meets all of the above required criteria for an airport parking lot in the Anza Area. There are no changes to the site or its operation at this time. The plans submitted with this application are identical to the plan approved with the 1998 application (and subsequently extended for another five years in 2003, 2008, and 2013) and comply with the Design Guidelines for Bayfront Development in effect at that time:  41% landscaping within the 100' shoreline band (40% required);  88% landscaping of the 30' front setback (80% required); and  25% landscaping outside the 100' shoreline band (15% required). The long-term airport parking facility is open 24 hours a day, 365 days a year. Currently, there are 17 full- time employees on weekdays and weekends. The applicant notes that there are 100 visitors/customers per day on weekdays and 75 per day on weekends. In 5 years, this number is expected to stay the same. The maximum number of people expected on site at any one time is 50. There are 12 shuttle buses used by this business which are parked on site when not in use. 615 Airport Boulevard Existing Proposed Allowed/Req’d. Use: Long-term Airport Parking Long-term Airport Parking ¹ Conditional Use Permit for Commercial Parking Lots as Interim Use Area: 12.8 acre site 12.8 acre site minimum site size of 3 acres Parking: 1236 spaces 1236 spaces no requirement Bayfront Design Guidelines (based on previous guidelines): all landscaping requirements met no changes proposed Landscaping of 40% shoreline band, 80% front setback and 15% of area outside shoreline band required. ¹ Conditional Use Permit required for Airport Parking Lot as interim use. Staff Comments: The Chief Building Official, the Fire Marshal and the City Engineer had no comments on this project. Staff notes that all of the parcels included in this application are currently used for airport parking. There is no zoning requirement for employee parking, however there are eight parking spaces reserved for employees that meet the code required dimension for parking stalls (9’ x 20’). There are no dimensional requirements for the remaining parking spaces for the airport parking lot. As part of the previous review, fossil filters were required to be inserted into the storm drain inlets on this property. A condition of approval has been added requiring a maintenance plan for the filters (condition #4). Planning staff would also note that conditions #2-4 and 7 have been completed. However, these conditions of approval will remain as part of the Conditional Use Permit. Renew Conditional Use Permit 615 Airport Boulevard 3 Design Review Study Meeting: At the Planning Commission action meeting on January 22, 2018, the Commission continued the application and requested that the applicant provide information regarding a reporting program to show the progress of the future development of the site (see attached January 22, 2018 Planning Commission Minutes). In their discussion, the Commission noted that given the complexity of the project, a five-year extension seems reasonable with a two to three-year interim progress report. Mark D. Hudak, representing Airport Parking, LLC, submitted a letter dated May 2, 2018, in response to the Commission’s comments and request for additional information. Please refer to the applicant’s May 2, 2018 response letter (attached) for detail responses to the Commission’s comments/request for information. In his letter, the applicant offers background information regarding the development experience of the Anza Parking owners. The letter also discusses why airport parking is not a viable long-term use, primary due to 1) travelers using ride-sharing services, such as Uber and Lyft, 2) available alternatives to airport parking requiring Anza Parking to keep daily rates low, 3) the airport authority charging off-site parking facilities to operate shuttles at SFO Airport, and 4) SFO Airport constructing its own long-term parking facility on-site adding several thousand long-term parking spaces. The applicant also describes the challenges that are unique to this property and how those challenges add years to the planning and redevelopment of the property, including “restrictions on permitted uses, market conditions, CEQA requirements, multi-agency regulatory standards, and concerns about how to cope with predicted sea level rising”. The applicant also points out that due to the multiple parcels involved in the project site, each under separate ownership, as well as one of the parcels being under the ownership of the State Lands Commission, the ownership structure complicates the development of the site and requires more time. The applicant notes that the principal owners met with the State Lands Commission and that the Commission is now on board with the effort to redevelop the site. Furthermore, he notes that “all but one of the property owners has signed to an agreement to redevelop 615 Airport” and that “this allows the principal owners to move forward confidently when dealing with potential development partners and with the City.” The letter points out that the principal owners have been meeting with potential developers with the following concepts being considered:  Single-user campus  Offices, including life science and biotech  Hotel  Movie theater and entertainment complex In order to ensure that redevelopment of the site progresses in a timely manner, the applicant is offering the following reporting program: 1. Applicant provides a written update on the first and third anniversaries of the renewal. 2. Applicant provides an in-person report at a Planning Commission meeting on the second and fourth anniversaries of the renewal. Planning staff has added the reporting program offered by the applicant as Condition of Approval #2. However, the Planning Commission may revise this condition of approval as necessary based on its discussion of the application. Renew Conditional Use Permit 615 Airport Boulevard 4 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 properties in the general vicinity. (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. Conditional Use Permit Findings: Based on the fact that the Conditional Use Permit is for an extension of an existing long-term airport parking use which has been approved and in operation since 1971 and new permits have been issued since then for consecutive five year periods, that there are no changes proposed to the operations of the facility and that the requirements of the previous conditions of approval have been met, 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 long-term airport parking facility use shall operate as shown on the plans submitted to the Planning Division and date stamped March 13, 2003, As Built Site Drawing, Sheet 1; 2. that the applicant shall be required to meet the following reporting milestones to provide assurance that satisfactory progress is made towards development of the site: a. On the first and third anniversaries of the renewal (July 2019 and July 2021), the applicant shall provide a written update regarding the progress of the development of the site; the written update will be presented as an FYI item to the Planning Commission. b. On the second and fourth anniversaries of the renewal (July 2020 and July 2022), the applicant shall provide an in-person report at a Planning Commission meeting. 3. that the conditions of the City Engineer’s March 31, 2003 memo requiring the applicant to remove and replace the existing sidewalk, curb and gutter, fronting the subject property, at the owners expense shall be met (completed); 4. that the conditions of the City Arborist’s March 31, 2003 memo shall be met within a year of the approval of this application; this condition requires the removal of the existing Lingustrum (Glossy Privet) trees along Airport Boulevard and the replacement with 5 gallon Frazer’s Photinia spaced four feet apart, proper irrigation shall be installed as part of this condition (completed); Renew Conditional Use Permit 615 Airport Boulevard 5 5. that drainage from paved surfaces, parking lot and driveways, shall be routed to catch basins that are equipped with fossil filters (sand/gravel filters) prior to discharge into the storm drain system; the property owners shall be responsible for inspecting and cleaning all filters on a biannual basis as well as immediately prior to and once during the rainy season (October 15 – April 1) and shall submit to the City and have approved a plan for filter/drain maintenance by June 1, 2003 (completed); 6. that this use permit shall include only the parcels identified as Block 7, Lots 1-13 and Block 5, Lots 8-12 (APNs 026-344-040 through -100 and 026-363-300 through -390), and these lots shall be operated as a single facility with one entrance/exit at the designated airport parking gate identified as 615 Airport Boulevard, and one maintenance only gate; and should the use of any of these lots be changed from long-term airport parking the use permit shall become void and a new application for a use permit shall be required; 7. that the long-term airport parking use shall be operated seven days a week, 24 hours a day with 1,236 total parking spaces (eight parking spaces reserved for employees, ten spaces reserved for bus shuttle vans), a maximum of 19 employees, and no auto maintenance, auto repair, auto washing or enclosed van storage shall take place on site; 8. that all employee parking stalls shall be striped at 9' wide by 20' long (completed); 9. that the property owners agree to assume all responsibility for flooding or storm drainage problems and to hold the City harmless from any claims arising from such problems; 10. that the landscaping and irrigation system shall be maintained by the property owner including but not limited to weed control, pedestrian and vehicular clearance along the sidewalks and bike path, and replacement of plant material as necessary to maintain a visual barrier and the approved landscape design; 11. that overflow parking of rent-a-car agency vehicles and storage of other vehicles is permitted providing on-street loading or unloading of such vehicles does not occur during peak 7:00 a.m. to 9:00 a.m. and 4:30 p.m. to 6:30 p.m. hours, and providing the area used has legal internal access within the parking lot area; 12. that the use and any improvements for the use shall meet all California Building and Fire Codes, 2016 Edition as amended by the City of Burlingame; and 13. that this use permit for long term airport parking with the conditions listed herein is a temporary use and shall expire on July 20, 2023. Ruben Hurin, Senior Planner c. Airport Parking LLC, applicant Mark D. Hudak Renew Conditional Use Permit 615 Airport Boulevard 6 Attachments: January 22, 2018 Planning Commission Meeting Minutes Applicant’s Response Letter, submitted by Mark Hudak, dated May 2, 2018 January 14, 2013 Planning Commission Meeting Minutes Application to the Planning Commission Letter from Mark D. Hudak, dated October 31, 2017 Conditional Use Permit Application Commercial Application Planning Commission Resolution (Proposed) Notice of Public Hearing – Mailed May 4, 2018 Aerial Photo BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 City of Burlingame Meeting Minutes Planning Commission 7:00 PM Council ChambersMonday, January 22, 2018 e.615 Airport Boulevard, zoned AA - Application to renew a Conditional Use Permit for long term airport parking as an interim use. This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301. (Airport Parking LLC, applicant and property owner) (30 noticed) Staff Contact: Ruben Hurin All Commissioners had visited the project site. Commissioner Camoroto had ex parte communications with the applicant several years ago. Senior Planner Hurin provided an overview of the staff report. Questions of Staff: >Can milestones such as those applied to 778 Burlway be considered? (Hurin: Required the property owner to secure an architect, submit plans .)(Gardiner: Demonstration of due diligence towards development of the property including submittal of conceptual designs, and environmental review milestones.) Chair Gum opened the public hearing. Mark Hudak represented the applicant, with property owner representative Amy Chung. Commission Questions/Comments: >What if anything has changed, compared to five years ago? The permit has been extended many times already with no apparent progress towards development. >How many spaces are rented each day? (Hudak: Most are rented. However Uber and Lyft are cutting into onsite parking such as this, as well as other types of businesses. Off-site airport parking will be adversely impacted as long as there are alternatives.)(Chung: 800-1000 cars are parked daily.) >Does not see a financial incentive to change the current operations. (Chung: This is a dying industry . The property was not originally acquired to run a parking operation, but previously could not get all of the owners on the same page. This is comparable to getting three city blocks of individual single family lots organized for redevelopment. Has been negotiating with the individual owners, as well as potential developers.) >Concern this use has been in place as a temporary use for 40 years. (Chung: We have not been the same owners for 40 years.) >Could the parcels be grouped and split up? (Hudak: Parcels are too small to be split up. Would not provide the type of project the City wants to see if it is split up into 2-acre parcels. To get a good project takes work. Needs to have the right developer and right timing, consistency with the ownership group, and know what the zoning will be. Has only been in redevelopment for five years, and will take another five years to develop due to the unique circumstances .)(Chung: Previous direction from the Planning Commission and staff has been to develop a single project. Ongoing work has been in response to previous direction. Current use is not the highest and best use; the owners are also anxious to move the development along and have it done right.) Page 1City of Burlingame Printed on 5/9/2018 January 22, 2018Planning Commission Meeting Minutes >What year did the current owners take ownership? (Hudak: 1982.) >There is a middle parcel that belongs to the State Lands Commission. What are the State Land trust doctrine requirements? (Hudak: Hard to satisfy the State Lands Commission because of their legal constraints.) One of the trust doctrines is open space. >How long is the lease for the State Lands parcel? (Hudak: 2038. If it were to be a new development, the duration of the lease needs to conform to the development.) >Has there been engagement with an architect? (Chung: No, have been talking to developers who have their own staff. Actively negotiating with two or three, and wants the developers to approach with what they see happening on the site. Has been negotiating with State Lands so it can be part of the plan going forward. Also subject to BCDC jurisdiction. Is still in the process of putting together the development based on direction received from the commission previously.) >Is there a timeframe for receiving responses from developers? (Chung: Currently negotiating an MOU with a specific developer at this point .)(Hudak: Developers have been meeting with staff. Projects like this can easily take five years from conception to approval.) >Has heard the same discussion every five years. (Hudak: Has been on a five year cycle, rather than ten years or indefinite, to allow the City some control and provide an opportunity for reporting and good-faith assurances.)(Chung: Previous renewals have been during economic downturns, in 2008 and 2013. Was not told in 2008 to develop immediately; was only told that in 2013 to go after development . Once hearing that, started pursuing that. Also the current zoning has not always been in place .)(Hudak: The outcome of the General Plan Update has not been certain until the draft was released.) >Anything magic about five years? (Hudak: If period is too short, will get developers or speculators wanting to negotiate down value of land based on the prospect of the CUP being lost. Has conceptual plans and drawings from developers. However a tight timeline could inhibit development.) >City Council has indicated it wants progress. What would be reasonable milestones to indicate progress moving forward with development without compromising negotiations with developers? (Hudak: Could come back in two years with a progress report, or 2 1/2 years. It would be a reporting period in a reasonable timeframe.) >What happens if satisfactory progress isn't made in 2 1/2 years? (Hudak: Property owners are working hard to make this happen. It is immensely complex and difficult. Needs enough flexibility to get it done right and fairly.) Public Comments: There were no public comments. Chair Gum closed the public hearing. Commission Discussion: >Given that the site is 12 acres, seems like having something like three 4-acre sites could be explored. Is this required to be one development? (Gardiner: Not familiar with that direction. Perhaps the intent was to have a cohesive design, but based on the linear geography it looks like it could be segmented into different projects or phases. There would just need to be some consistent logic .)(Kane: Staff present was not involved in those discussions, so would need to research why that direction might have been given.) >What changes are anticipated with the General Plan, such as allowing construction of a garage? (Gardiner: New General Plan in draft form would allow a greater floor area ratio than current zoning, recognizing the types of FARs that would be expected in the future based on the development type. Also there is a policy that would allow long -term parking uses to be integrated into a development within a structure, as part of a development so that redevelopment and commercial parking could coexist and meet community objectives.) >Are there limitations on whether a CUP could be rescinded? (Kane: There may be some ambiguity in the terms, such as referring to a conditional use permit where interim use permit is intended. Would not suggest a longer term that could be shortened midway for failure to reach a particular milestone.) Page 2City of Burlingame Printed on 5/9/2018 January 22, 2018Planning Commission Meeting Minutes >If extended, would prefer a shorter timeframe than the previous five years. Could come back in one year and re-evaluate. >Given the complexity of the property, the five year timeframe seems reasonable, with an interim reporting in the 2-3 year range. >Ties hands for five years. If nothing is happening after a couple of years, can't do anything until five years is up. >Can financial benchmarks be introduced? (Kane: The Planning Commission should focus on the CUP determination in front of it. A reporting requirement or terms would be within the commission's purview.) >There is already some significant development underway on the Bayfront. Not sure there needs to be a rush to develop another parcel soon. Given the timeframe of these types of projects, five years will go by pretty quickly and will allow the impacts of other projects to be better understood. >Five years with a two-year reporting seems right, but wants more thought given into what will be reported. Commissioner Sargent made a motion, seconded by Commissioner Loftis, to continue the item with direction to coordinate with staff on a reporting framework. The motion carried by the following vote: Aye:Gum, Gum, Gaul, Gaul, Terrones, Sargent, Loftis, and Comaroto8 - Nay:Kelly1 - Page 3City of Burlingame Printed on 5/9/2018 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 proposed and application has been made to renew a Conditional Use Permit for long-term airport parking as an interim use at 615 Airport Boulevard, zoned AA, Airport Parking LLC, property owner, APNs: 026-344-060; 026-344-070; 026-344-080; 026-344-090; State of California, property owner, APN: 026-344-100; Ihong Sun Tr Et Al, property owner; APN: 026-363-300; Raymond K Y Li, property owner, APN: 026-363- 310; Jesse Ling Tr Et Al, property owner, APN: 026-363-320; Lane Fung Inv. Co., property owner, APN: 026-363-330; Amy T & Luke J Chung Trs, property owners; APN: 026-363-340; Jonathan S Wu Tr Et Al, property owner, APN: 026-363-350; Alyce K. Furuya Tr Et Al, property owner, APN: 026-363-360; Hsing Chien Tuan, property owner; APNs: 026-363-370, 026-363- 380; Keith Kai Tsu Tr, property owner, APN: 026-363-390; Charles Chung-Lai Nip Tr Et Al, property owner, APN: 026-344-040; Chiens LLC Et Al, property owner, APN: 026-344-050; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on May 14, 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 Article 19, Section: 15301 - Existing facilities, Class 1(a), interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances, 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 14th day of May, 2018 by the following vote: EXHIBIT “A” Conditions of approval for Categorical Exemption and Conditional Use Permit 615 Airport Boulevard Effective May 24, 2018 1. that the long-term airport parking facility use shall operate as shown on the plans submitted to the Planning Department and date stamped March 13, 2003, As Built Site Drawing, Sheet 1; 2. that the applicant shall be required to meet the following reporting milestones to provide assurance that satisfactory progress is made towards development of the site: a. On the first and third anniversaries of the renewal (July 2019 and July 2021), the applicant shall provide a written update regarding the progress of the development of the site; the written update will be presented as an FYI item to the Planning Commission. b. On the second and fourth anniversaries of the renewal (July 2020 and July 2022), the applicant shall provide an in-person report at a Planning Commission meeting. 3. that the conditions of the City Engineer’s March 31, 2003 memo requiring the applicant to remove and replace the existing sidewalk, curb and gutter, fronting the subject property, at the owners expense shall be met (completed); 4. that the conditions of the City Arborist’s March 31, 2003 memo shall be met within a year of the approval of this application; this condition requires the removal of the existing Lingustrum (Glossy Privet) trees along Airport Boulevard and the replacement with 5 gallon Frazer’s Photinia spaced four feet apart, proper irrigation shall be installed as part of this condition (completed); 5. that drainage from paved surfaces, parking lot and driveways, shall be routed to catch basins that are equipped with fossil filters (sand/gravel filters) prior to discharge into the storm drain system; the property owners shall be responsible for inspecting and cleaning all filters on a biannual basis as well as immediately prior to and once during the rainy season (October 15 – April 1) and shall submit to the City and have approved a plan for filter/drain maintenance by June 1, 2003 (completed); 6. that this use permit shall include only the parcels identified as Block 7, Lots 1-13 and Block 5, Lots 8-12 (APNs 026-344-040 through -100 and 026-363-300 through -390), and these lots shall be operated as a single facility with one entrance/exit at the designated airport parking gate identified as 615 Airport Boulevard, and one maintenance only gate; and should the use of any of these lots be changed from long- term airport parking the use permit shall become void and a new application for a use permit shall be required; 7. that the long-term airport parking use shall be operated seven days a week, 24 hours a day with 1,236 total parking spaces (eight parking spaces reserved for employees, ten spaces reserved for bus shuttle vans), a maximum of 19 employees, and no auto maintenance, auto repair, auto washing or enclosed van storage shall take place on site; EXHIBIT “A” Conditions of approval for Categorical Exemption and Conditional Use Permit 615 Airport Boulevard Effective May 24, 2018 Page 2 8. that all employee parking stalls shall be striped at 9' wide by 20' long (completed); 9. that the property owners agree to assume all responsibility for flooding or storm drainage problems and to hold the City harmless from any claims arising from such problems; 10. that the landscaping and irrigation system shall be maintained by the property owner including but not limited to weed control, pedestrian and vehicular clearance along the sidewalks and bike path, and replacement of plant material as necessary to maintain a visual barrier and the approved landscape design; 11. that overflow parking of rent-a-car agency vehicles and storage of other vehicles is permitted providing on-street loading or unloading of such vehicles does not occur during peak 7:00 a.m. to 9:00 a.m. and 4:30 p.m. to 6:30 p.m. hours, and providing the area used has legal internal access within the parking lot area; 12. that the use and any improvements for the use shall meet all California Building and Fire Codes, 2016 Edition as amended by the City of Burlingame; and 13. that this use permit for long term airport parking with the conditions listed herein is a temporary use and shall expire on July 20, 2023. 615 Airport Boulevard, AA Community Development Department PLANNING COMMISSION STAFF REPORT REGULAR ACTION (Public Hearing): Proposed Amendments to Title 25, Chapters 25.08, 25.26, 25.59, 25.60, and 25.70 to update existing Accessory Dwelling Unit regulations to be consistent with recently adopted amendments to California Government Code Section 65852.2. MEETING DATE: May 14, 2018 AGENDA ITEM: 8g ENVIRONMENTAL STATUS: Amendment of Title 25 – Accessory Dwelling Unit regulations of the Burlingame Municipal Code are proposed for changes for consistency with amendments to State Law (California Government Code Section 65852.2). The proposed amendments to the City Code are Statutory Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15282(h) which exempts the adoption of an ordinance regarding accessory dwelling units in a single family or multifamily residential zone by a city to implement the provisions of Section 65852.1 and 6582.2 of the Government Code as set forth in Section 21080.17 of the Public Resources. ACTION REQUESTED The Planning Commission shall conduct a public hearing regarding the following ordinance, consider all public testimony (both oral and written) and, following conclusion of the public hearing, consider recommending adoption of the ordinance by the City Council, or alternatively, provide direction to staff regarding modifications to the ordinance prior to formulation of a recommendation to the City Council: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, AMENDING TITLE 25 – CHAPTERS 25.08, 25.26, 25.59, 25.60, AND 25.70 TO UPDATE EXISTING ACCESSORY DWELLING UNIT REGULATIONS TO BE CONSISTENT WITH RECENTLY ADOPTED AMENDMENTS TO CALIFORNIA GOVERNMENT CODE SECTION 65852.2 BACKGROUND On September 27, 2016 Governor Jerry Brown signed AB 2299 and SB 1069 into law. The legislation amends Government Code Section 65852.2, regulations for accessory dwelling units (previously referred to as “Secondary Dwelling Units” in the Burlingame Municipal Code). The amendments are intended to streamline housing production in the face of the State’s ongoing housing crisis by making it easier for property owners to create a second unit associated with a single family dwelling. Under the legislation such units are now to be referred to an “Accessory Dwelling Units” or “ADUs”. The revisions to State Law became effective on January 1, 2017. The City of Burlingame adopted revisions to its Zoning Code regulations creating consistency with State law on February 6, 2017. On September 29, 2017 Governor Brown signed additional legislation that provides clarification for the creation of ADUs; these include SB 229 and AB 494. The bills became effective January 1, 2018 and are intended to help clarify and improve various provisions of the law to promote the development of ADUs. Not all of the changes included in this new legislation require City action, as the City’s current regulations are largely compliant. Amendments to Title 25 – Updates to Accessory Dwelling Unit Regulations May 14, 2018 2 The regulations in need of amendments to be compliant with the most recent state legislation include the following:  No restriction on location of ADU parking spaces, including allowing parking in setbacks;  Eliminating the parking requirement for ADUs created out of existing space in a single family dwelling or accessory structure;  No lot size limitation for ADUs created within existing structures; and  Change to the current definition of tandem parking. These new regulations currently apply to all ADU applications, regardless of updates made by the local jurisdictions. The proposed changes are to bring the City of Burlingame’s regulations into conformity with new State law. Jurisdictions are required to provide a copy of the changes to the Accessory Dwelling Unit regulations to the State Department of Housing and Community Development (HCD) within 60-days of adoption. Staff is bringing forward these changes to the Planning Commission for recommendation to the City Council for adoption of the attached draft ordinance which makes changes to the Chapter 25.59 (Zoning Regulations) of the Municipal Code and other related Municipal Code sections pertaining to Accessory Dwelling Units. If recommended by the Planning Commission, the City Council would review the Draft Ordinance at a first reading scheduled as early as June and a subsequent second reading in July. Applicable Code Sections: State ADU regulations are located in Section 65852.2 of the California Government Code. Burlingame’s regulations for accessory dwelling units are currently located in Chapter 25.59. There are several other Municipal Code sections that address accessory dwelling units that require updating for consistency including:  Chapter 25.08 – Definitions  Chapter 25.26 - R-1 District regulations  Chapter 25.60 - Accessory structure regulations  Chapter 25.70 - Off-street parking regulations. DISCUSSION The attached Draft Ordinance sets forth text amendments to the City’s existing accessory dwelling unit regulations to ensure that the Burlingame Municipal Code is consistent with the new State regulations recently passed (SB 229 and AB 494) to help to clarify and improve various provisions of the accessory dwelling unit law to promote the development of ADUs in California. Staff has provided a summary of the most significant changes below: No restriction on location of ADU parking spaces: Under the previous regulations ADUs had to provide one uncovered parking space, 9-feet wide by 20-feet deep. The parking space was required to be provided in addition to the required parking for the single family dwelling per C.S. 25.70. All ADU spaces Amendments to Title 25 – Updates to Accessory Dwelling Unit Regulations May 14, 2018 3 were required to be provided in accordance with C.S. 25.70, meaning they could not be located in a setback and were required to be independently accessible of the single family parking space (ingress and egress to the parking space without conflict with the parking required for the single family dwelling). State law requires no prohibition on parking locations for ADUs, and the ADU regulations would be amended to allow ADU parking spaces to be provided in a required setback. Currently the zoning code prohibits parking within the front and side setback. The zoning code requirements prohibiting parking in front and side setbacks would remain in place for required parking for all other uses, except for ADUs. Eliminating the parking requirement for ADUs created out of existing space in a single family dwelling or accessory structure: The most recent change to State law now prohibits requiring a parking space for an ADU that is created from within the envelope of an existing residence or existing accessory structure. The parking waiver includes accessory dwelling units that are part of the living space of the existing main residence or are in an existing detached accessory structure. This means that accessory dwelling units that are created by converting part of an existing single family dwelling (vs. adding new square footage) would be exempt from providing a parking space. This waiver also applies to detached accessory structures that have been previously approved for accessory living space, such as offices or recreation rooms constructed as part of a detached garage. In principle this square footage has already been counted as living space (in terms of parking) and the conversion of this space to an accessory dwelling unit is not significantly increasing (or increasing at all) the parking requirement for the use of the property as a whole. This change would allow conversion of existing living spaces to ADUs for areas within a primary home or within an attached or detached accessory structure; however the required parking for the primary residence must still be met on-site in compliance with the zoning code regulations. For reference, single family dwellings with up to four bedrooms or potential bedrooms require one covered (10’ x 20’) parking space and one uncovered (9’ x 20’) space and a single family dwelling with five or more bedrooms or potential bedrooms required two covered spaces (20’ x 20’) and one uncovered space (9’ x 20’). No lot size limit for ADUs created within existing structures: Currently the ADU regulations require a minimum lot size of 6,000 SF to accommodate an ADU except for ADUs constructed prior to January 1, 1954. The new legislation prohibits limits on lot size for ADUs that are created within an existing structure; either the primary residence or in an accessory structure. New ADUs, creating new square footage on a parcel would still have to be on a lot with a minimum size of 6,000 SF with the exception that if a majority (>50% of the square footage) of the ADU is existing square footage in a legal structure on the property and the remaining construction complies with all other zoning district standards. Change to the definition of tandem parking: Currently the zoning code defines tandem parking as parking one vehicle behind the other. This has been implemented to limit only two cars, one behind the other, for tandem parking configurations. However, under the new changes to the ADU law tandem parking is defined as two or more vehicles that are parked on a driveway or in any other location on a lot, lined up behind one another. The existing definition of tandem parking will be retained an applied to all other parking configurations except for those which involve parking for ADUs. The intent of this change is to Amendments to Title 25 – Updates to Accessory Dwelling Unit Regulations May 14, 2018 4 provide more flexibility in allowing ADUs if the required parking can only be provided in a driveway behind the required parking for the primary residence. In many cases single family homes have detached garages located at the rear of the property with a long driveway that runs next the house that provides two or more parking spaces in tandem. The Draft Ordinance is provided as an Attachment to this report. Regulations to be added are indicated in underlined font (e.g., underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout); both a redlined version and a clean version of the proposed amendments are provided. Conditional Use Permit and Special Permit provisions: Sections 25.60.010 (Conditional use permit requirements) and 25.26.035 (Uses allowed with a special permit) currently include a number of provisions that may serve to discourage ADUs. In particular: 1) 25.60.010 (i) requires a conditional use permit for glazed openings in an accessory structure within 10 feet of the property line or any portion of a glazed opening higher than 10 feet above grade; o Discussion: This requirement currently applies to all accessory structures and the proposed code change would remove this requirement for all accessory structures, including ADUs, given that this issue is addressed under Building Code regulations it is somewhat redundant. 2) 25.26.035 (f) requires a special permit for a basement with any interior ceiling height of 6’-6” or greater; 3) 25.26.035 (g) requires a special permit for a direct exit from a basement to the exterior of the structure that is anything other than a light or window well; 4) 25.26.035 (h) requires a special permit for a bathroom (toilet and sink) exceeding 25 square feet located in a basement; o Discussion: The removal of #2, #3, and #4 above is proposed for cases where ADUs are proposed AND for all single family dwellings. These changes would eliminate barriers in the zoning code that currently prohibit ADUs from being developed in basements; for example full bathrooms are currently not allowed in basements given the size constraint of 25 SF for a bathroom. This change would encourage ADUs in basement and would also apply to all single family dwellings in the R-1 zoning district, regardless if an ADU was being created. However, the zoning code definition of a basement would not change; a “Basement” means the portion of a building between the floor and ceiling that is wholly or partially underground and where more than two (2) feet of any portion of the basement’s height is above the existing grade next to the basement, a basement shall be counted as a story (and is not considered a basement). While the three special permit requirements above would be removed for basements, the definition of a basement would not change and the floor area regulations that apply to basements would remain in place as well with all basements with a ceiling height of six (6) feet or greater included in FAR calculations. The code would still allow up to six hundred (600) square feet of a basement with a ceiling height of six (6) feet or greater to be deducted from FAR if it meets BOTH the following criteria:  The top of the finished floor above the basement is less than two (2) feet above existing grade; and Amendments to Title 25 – Updates to Accessory Dwelling Unit Regulations May 14, 2018 5  No part of the basement is intended or used for parking. All ADUs in basements would be required to comply with Building Code requirements for egress, light and ventilation. 5) 25.26.035 (b) requires a special permit to reduce the number of parking spaces existing onsite; o Discussion: Currently a special permit is required to remove any parking on-site (a parking variance is required for removal of required parking), even if the code required parking is met; for example a special permit is required if a single family home has a code complying two car garage (20’ x 20’) but they have a 3-bedroom house and are only required to have one covered and one uncovered space and wish to expand the kitchen into the garage area, resulting in only one covered space. The code changes propose removing this requirement when the reduction in the number of parking spaces is solely for the purpose of creating an ADU, so long as the code required parking for the main dwelling is still met on-site. This change is proposed to apply only when the removal of the parking (additional parking beyond code requirements) is proposed for an ADU. However, this requirement will remain in place for all single family dwelling in the R-1 zoning district. The proposed resolution proposes removing these requirements as a recommendation to the City Council, in the interest of removing constraints to ADUs. However, if members of the Planning Commission wish to retain some or all of these provisions, or discuss further, the commission may choose to alter this recommendation by modifying the proposed resolution. The Planning Commission could continue discussion of the items with direction to staff for follow-up, or refer the matter to the Neighborhood Consistency Subcommittee of the Planning Commission for further study. Owner Occupancy Provisions: Sections 25.69.060 (c) and 25.69.060 (k) require that either the primary single-family dwelling, or the accessory dwelling unit shall be occupied as the principal place of residence of the record owner of the lot. Section 25.69.060 (k) specifically requires a restrictive covenant be recorded which mandates owner occupancy of at least one of the units. Owner occupancy requirements are not uncommon in accessory dwelling unit ordinances, however it should be noted that zoning does not typically regulate tenancy. As a practical matter, regulating tenancy can present enforcement issues. Furthermore, the provision of a restrictive covenant might inhibit some property owners from pursuing the construction of an ADU because of the restrictions that would be placed on the property and its future use. The proposed resolution retains the owner occupied provisions, despite the potential they may have to inhibit construction of ADUs. If members of the Planning Commission wish to remove the provisions, the commission may choose to alter this recommendation by modifying the proposed resolution. The Planning Commission could continue discussion of the item with direction to staff for follow-up, or refer the matter to the Neighborhood Consistency Subcommittee of the Planning Commission for further study. Amendments to Title 25 – Updates to Accessory Dwelling Unit Regulations May 14, 2018 6 Prepared by: Catherine Keylon Senior Planner Attachments:  Planning Commission Resolution  Revised Chapter – Redlined (Track Changes) Version  Revised Chapter - Clean Version  Government Code Section 65852.2  Newspaper Notice 1 AN RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURLINGAME RECOMMENDING TO THE CITY COUNCIL AMENDING TITLE 25 OF THE BURLINGAME MUNICIPAL CODE, THE ZONING ORDINANCE, CHAPTERS 25.08, 25.26, 25.50, 25.59, 25.60, AND 25.70 TO UPDATE EXISTING SECONDARY DWELLING UNIT REGULATIONS TO BE CONSISTENT WITH RECENTLY ADOPTED AMENDMENTS TO CALIFORNIA GOVERNMENT CODE SECTION 65852 RELATED TO ACCESSORY DWELLING UNITS The City Council of the City of Burlingame ordains as follows: Division 1. WHEREAS, on September 29, 2017 Governor Jerry Brown signed AB 494 and SB 229 into law. This legislation amends Government Code Section 65852.2, the regulations for Accessory Dwelling Units (ADUs). The amendments are intended to provide clarifications to various provisions of Government Code section 65852.2 including parking requirements and lot size requirements; and WHEREAS, the revisions to State Law became effective on January 1, 2018. Local jurisdictions are required to comply with the new requirements, which supersede local ordinances. In addition, jurisdictions are required to provide a copy of the Accessory Dwelling Unit ordinance to the State Department of Housing and Community Development (HCD) within 60-days of adoption, and; WHEREAS, at its regular meeting of May 14, 2018, the Burlingame Planning Commission reviewed proposed amendments to the Burlingame Zoning Regulations to bring them into conformance with Government Code Section 65852.2 and recommended that the City Council adopt the changes as proposed. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: Division 2. Burlingame Municipal Code Title 25 - Zoning is hereby amended as follows: Chapter 25.59 Secondary Dwelling Units is replaced in total with the following text: Chapter 25.59 ACCESSORY DWELLING UNITS 25.59.010 Purpose. The purpose of this chapter is to regulate both existing and new accessory dwelling units in residential zoning districts and on residential property consistent with state law (California Government Code Sections 65852.1 through 65852.2). This chapter is intended to implement the Housing Element of the Burlingame General Plan by providing for additional housing opportunities. This will be accomplished by increasing the number of units available within existing neighborhoods while 2 maintaining the primarily single-family residential character of the area, and establishing standards for the development and occupancy of accessory units to ensure that they are compatible with neighboring uses and structures, adequately equipped with public utility services, safe for human occupancy, and do not create unreasonable traffic and safety impacts. An accessory residentialdwelling unit which conforms to the requirements of this chapter shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing General Plan and zoning designations for the lot. 25.59.020 Accessory dwelling unit permit procedure. (a) Applications for such an accessory dwelling unit permit shall be in writing and filed with the Community Development Director on a form approved by the Community Development Director. (b) As established by council resolution, a fee will be charged for an application for an accessory dwelling unit permit under this chapter. (c) Within 120 days of receipt of a complete application, the Community Development Director shall ministerially process for approval any application for an accessory dwelling unit permit pursuant to this chapter. Upon finding that the performance standards set forth in Section 25.59.060 are met the proposal shall be approved ministerially without discretionary review or public hearing and the applicant may proceed to acquire a building permit. All accessory units are categorically exempt from CEQA pursuant to Sections15301 and 15303 of the CEQA guidelines. If the application does not meet all of the requirements of this chapter, the Community Development Director shall deny the application. (d) Deed Restrictions. Prior to issuance of a building permit for an accessory dwelling unit, or for improvements to bring an existing accessory dwelling unit into compliance with the accessory dwelling unit permit requirements, an agreement of restriction shall be filed with the county recorder. The agreement of restriction shall state the following: (1) The accessory dwelling unit shall not be sold separately from any part of the property on which it is located; (2) The accessory dwelling unit is restricted to the standards specified in Burlingame Municipal Code Chapter 25.59; (3) Either the primary single-family dwelling or the accessory dwelling unit shall be occupied as the principal place of residence of the record owner of the lot. In the case of ownership by a corporation, partnership, trust or association, either the primary single-family dwelling or the accessory dwelling unit shall be the place of residence of an officer, director or shareholder of the corporation, a partner in the partnership, a trustor, trustee or beneficiary of the trust, a member of the association, or an employee of any such organization; and 3 (4) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall result in legal action against the property owner. 25.59.030 Appeal. The applicant that requested the accessory dwelling unit permit may appeal the community development director’s denial of the request. The appeal shall be submitted to the community development director in writing within ten (10) days after the date of the community development director’s decision. The appeal shall be heard by the planning commission in a public hearing pursuant to the procedures established for discretionary actions in Chapter 25.16. 25.59.040 Revocation of accessory dwelling unit permit. (a) Grounds. An accessory dwelling unit permit granted pursuant to this chapter may be revoked on any one or more of the following grounds: (1) The performance standards outlined in Sections 25.59 are not being met; or (2) No owner of the subject property resides on the property; or (3) The accessory dwelling unit is no longer used for residential purposes; or (4) The parking required by Section 25.59 is no longer provided; or (5) The primary single-family dwelling on the site is purposely demolished; or (b) Notice. Written notice to revoke an accessory dwelling unit permit shall be served on the property owner, as shown on the last equalized assessment roll, either personally or by certified mail, and shall state: (1) The reasons for the proposed revocation; (2) That the proposed action will be taken by the director of community development unless a hearing before the planning commission is requested within fifteen (15) days after the date of said notice. If no response is received, the director of community development shall forthwith revoke the accessory dwelling unit permit as set forth in said notice. (c) Hearing. If a hearing is requested, at least ten (10) days’ notice thereof shall be given to the requested party. At any such hearing the property owner shall call witnesses and present evidence in his or her behalf. Upon conclusion of such hearing, the planning commission shall determine whether or not the permit shall be revoked. Such determination may be appealed to the city council in the same manner as for appeals taken on applications for the granting of conditional use permits or variances. 25.59.050 Variances prohibited. Deleted: .060 and 25.59.070 Deleted: .060 4 No variance under Chapter 25.54 shall be granted from any requirement of this chapter. 25.59.060 Performance standards for accessory dwelling units. General Provisions. This section allows an accessory dwelling unit, either attached to the main dwelling or detached in a separate structure to be created on lots which now contain one single-family dwelling and meet the following criteria, upon approval of an administrative accessory dwelling unit permit. (a) Minimum Lot Size. The minimum lot size to accommodate an accessory dwelling unit shall be no less than six thousand (6,000) square feet for an accessory dwelling unit created entirely within an existing (legal) structure there shall be no minimum lot size limit; (b) There shall be no more than one accessory dwelling unit permitted on a lot which contains no more than one primary single-family dwelling. (c) Occupancy Restrictions. Either the primary single-family dwelling, or the accessory dwelling unit shall be occupied as the principal place of residence of the record owner of the lot. In the case of ownership by a corporation, partnership, trust or association, either the primary single-family dwelling, or the accessory dwelling unit shall be the place of residence of an officer, director or shareholder of the corporation, a partner in the partnership, a trustor, trustee or beneficiary of the trust, a member of the association, or an employee of any such organization. (d) Unit Size. The floor area of the accessory dwelling unit shall not exceed six hundred forty (640) square feet. (e) Floor Area Ratio. The accessory dwelling unit shall fall within the total floor area ratio and lot coverage allowed by the underlying zoning district. (f) Other Measurable Standards. (1) For attached units, the accessory dwelling unit shall comply with the setback, height and declining height envelope regulations which apply to the underlying zoning district. (2) For detached units, on single family zoned lots, the accessory dwelling unit shall comply with the setback, height and window placement criteria for accessory structures contained in Chapter 25.60, and shall meet the setback requirements, including exceptions for accessory structures, contained in Sections 25.26.072 and 25.26.073. (3) All detached units shall be limited to one story in height and shall not be constructed above detached garages or detached accessory structures except for accessory dwelling units create entirely within an existing legal two-story detached accessory structure;* Deleted: Deleted: main dwelling unit Formatted: Indent: First line: 0.5" Deleted: 8 Deleted: 8 Formatted: Font: (Default) Arial, 11 pt Deleted: D Deleted: ess Deleted: . 5 (g) Parking. On-site parking spaces based on the number of bedrooms in the primary dwelling as required by Chapter 25.70 and parking requirements for an accessory dwelling unit shall be as follows: (1) Unless otherwise provided in this section, a minimum of one off-street uncovered parking space shall be provided for the accessory dwelling unit in addition to the off-street covered and uncovered parking spaces required for the main dwelling. (i) Parking for the accessory dwelling unit may be in tandem with a required parking space for the primary dwelling , meaning two or more cars located directly behind each other; and (ii) Parking for accessory dwelling units may be provided in the front setback or yard; and (iii) All parking shall be provided on a hard, all-weather surface and properly drained to the public street. (2) No parking space shall be required for an accessory dwelling unit in any of the following instances: (i) No on-site parking for the accessory dwelling unit shall be required if the accessory dwelling unit is only used for “affordable housing” as defined in Chapter 25.63. As a condition of approval under this subsection, the owner of the property will be required to enter into and record an agreement generally in conformance with Section 25.63.040 to ensure continued affordability of the accessory dwelling unit. A draft agreement shall be required at the time of application submittal. (ii) The accessory dwelling unit is located within one-half mile of a major transit stop, as defined in California Public Resources Code § 21064.3 or included in the regional transportation plan; (iii) The accessory dwelling unit is located within a designated historic district; (iv) The accessory dwelling unit is constructed within an existing structure and is part of an existing single family dwelling or an existing, authorized, permitted and finalized accessory structure intended for human habitation (v) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; (vi) When there is a car share vehicle, in a location determined by the Community Development Director to have at least three dedicated parking spaces, located within one block of the accessory dwelling unit; (h) Construction of the accessory dwelling unit shall comply with the all applicable provisions of this title and all applicable building, health and fire codes; except for accessory dwelling units constructed prior to January 1, 1954; Deleted: one Deleted: an Deleted: car Deleted: No required p Deleted: , except in the driveway Deleted: second Deleted: the Deleted: main residence Deleted: residential Deleted: as having existed three years prior to application; 6 (i) The new accessory dwelling unit shall incorporate the same or similar architectural features, building materials as the primary single family dwelling located on the property. Compatibility with the primary structure includes coordination of materials, roofing and other architectural features, and landscaping designed so that the appearance of the site remains that of a single-family residence. (j) Upon approval of an accessory dwelling unit there shall be an application submitted for a new, separate address from the Public Works, Engineering Division. Address numbers shall be placed on all new and existing buildings with accessory dwelling units, in accordance with the street identification standards provided in Title 17, Chapter 17.04, and shall be placed in such a position as to be plainly visible and legible from the street to provide clear identification of the unit for emergency responders. (k) A restrictive covenant which mandates owner occupancy of at least one of the units shall be recorded to establish the existing accessory dwelling unit. The restrictive covenant shall be binding upon any successor in ownership of the property and lack of compliance shall void the approval of the unit and may result in legal action against the property owner. The restrictive covenant shall be subject to approval by the city attorney as to its form and content. (l) If the accessory dwelling unit is demolished, the accessory dwelling unit permit shall lapse and be of no further force and effect, and all on-site parking requirements of Chapter 25.70 shall be met for the single family dwelling on the site. (m) For existing accessory dwelling units constructed prior to January 1, 1954 the following additional criteria shall be met, in addition to subsections a-j above: (1) The accessory dwelling unit shall conform to the requirements of the California Health and Safety Code Section 17920.3, and the Uniform Housing Code as adopted by Section 17922. (2) An applicant for an accessory dwelling unit permit pursuant to this section that has been granted on conditions that it conform to the requirements of this chapter may perform work to bring the accessory dwelling unit into conformance, such as reducing the size of the living unit, improving or constructing parking, and correcting violation of Health and Safety Code Section 17920.3 and the Uniform Housing Code. (3) Any remodeling affecting the exterior of the accessory dwelling unit shall be matched to generally conform to the exterior treatment of the primary dwelling unit on the parcel. (4) If the accessory dwelling unit is destroyed or damaged by a natural catastrophe, the accessory dwelling unit may be reconstructed in exactly the same envelope and floor area as it existed immediately before the catastrophe or in conformance with the standards for new accessory dwelling units contained in Section 25.59. Chapter 25.08 Definitions, Section 25.08.573 is replaced in total with the following text: Deleted: and colors Deleted: Deleted: colors, Deleted: primary Deleted: .060 Formatted: Font: 14 pt, Bold Formatted: Font: 14 pt, Bold Formatted: Font: 12 pt, Bold 7 25.08.573 Accessory dwelling unit. “Accessory dwelling unit” means an additional residential dwelling unit on a parcel occupied solely by a single-family residencel that provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation purposes on the same parcel as the primary single-family dwelling is situated in one of the following forms: (a) Detached: The unit is separated from the primary structure (b) Attached: The unit is attached to the primary structure (c) Repurposed Existing Space: Space (e.g. master bedroom) within the primary residence is converted into an independent living unit. 25.08.647 Tandem parking. “Tandem parking” is the parking of one vehicle behind another; except for parking for an accessory dwelling unit where tandem parking is defined as two or more vehicles that are parked on a driveway or in any other location on a lot, lined up behind one another. Chapter 25.50 Nonconforming Uses and Structures, Section 15.50.025 Expansion of nonconforming uses – R-1 zone is replaced in total with the following text: 25.50.025 Expansion of nonconforming uses - R-1 zone. (a) This section shall only be applicable to R-1 zoned parcels which contain two (2) detached nonconforming residential units. Only the primary residence, as determined by the director of community development, may be increased in footprint or in any exterior dimension if the accessory detached unit is to be retained as a residential unit. A conditional use permit pursuant to Chapter 25.16 shall be required for any such increase to a primary unit. Only maintenance and repairs as defined by the Uniform Building Code may be made to any accessory dwelling unit. The floor area or footprint of such an accessory unit shall not be expanded. (b) Factors for determining the primary residence shall include, but not be limited to, relative age, size and conformity with zoning requirements of the two (2) residences. The property owner may request that the planning commission review any such determination by the director of community development. Chapter 25.60 Accessory Structures in R-1 and R-2 Districts is replaced in total with the following text: CHAPTER 25.60 ACCESSORY STRUCTURES IN R-1 AND R-2 DISTRICTS 25.60.010 Conditional use permit requirements. Deleted: ¶ Deleted: either a detached or an attached Deleted: soley Deleted: tial lot or parce Formatted: Font: 11 pt, Not Italic Formatted: Font: 11 pt Formatted: Font: 11 pt, Not Italic Formatted: Space After: 3 pt, Line spacing: single, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75", Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Formatted: Font: 11 pt Formatted: Font color: Black Deleted: .¶ Formatted: Space Before: 0 pt, After: 0 pt, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt 8 Accessory structures in the R-1 or R-2 Districts shall be a conditional use requiring a conditional use permit if any of the following will exist: (a) Two (2) or more accessory structures, each having over one hundred (100) square feet gross floor area, will exist on a single lot, except that there may be two (2) accessory structures if one is an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit; (b) Any single accessory structure will exceed six hundred (600) square feet of gross floor area; except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit may be up to six hundred forty (640) square feet; (c) All accessory structures on a single lot will exceed a total of eight hundred (800) square feet gross floor area; except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit may be up to six hundred forty (640) square feet; (d) An accessory structure will occupy any portion of the lot in front of the main building; provided, where a dwelling has been erected on the rear sixty (60) percent of the lot prior to January 15, 1954, a garage may be erected in front of the main building, but not in any portion of the front setback; (e) An accessory structure will be erected closer than four (4) feet to any other structure on the same lot; (f) Accessory structures will cover more than fifty (50) percent of the rear thirty (30) percent of a lot; (g) The plate line of the accessory structure will be more than nine (9) feet above grade at the closest point between the plate line and adjacent grade; (h) The roof height of the accessory structure will exceed ten (10) feet above grade, except the height may be increased one foot for each foot of separation from an adjacent property line, up to a maximum height of fourteen (14) feet, provided: (1) Where the lot slopes more than ten (10) percent at the location of the accessory structure, the maximum height shall be four (4) feet above the plate line; (2) The portion of the structure at the rear property line may have a maximum height of fourteen (14) feet if the structure has a pitched roof on both sides and the rear plate line does not exceed nine (9) feet above the natural grade; (3) The roof height of an accessory structure may have a maximum height of fifteen (15) feet above grade when the roof is pitched from ridge to plate on at least two (2) sides, and the ridge is Deleted: ¶ 9 no closer than five (5) feet to a side property line, and the rear plate line does not exceed nine (9) feet above the natural grade; and (4) No portion of the space within any accessory structure between the top of plate and the lowest portion of the roof structure including any dormer shall exceed seven (7) feet in height. (i) Water or sewer connections to the accessory structure will exceed building code minimums or the accessory structure will contain any shower, bath or toilet, except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit; (j) The accessory structure will enclose mechanical equipment, excluding air conditioning equipment, which is designed to operate on a regular or continuous basis, which may be objectionable because of loudness, hours of operation, odor or other reason, and which is to be located less than twenty (20) feet from any structure for habitation, or less than ten (10) feet from any property line; provided such shall be allowed without a special permit if the building official approves the structure as adequately sound insulated; (k) Storage of household goods, tools or equipment in the accessory structure will exceed ten (10) percent of the gross floor area of the main dwelling structure; (l) Any portion of the accessory structure will be used for accessory living quarters, recreation purposes or for use in a home occupation; except for an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit does not require a conditional use permit; (m) The accessory structure will be a greenhouse, trellis, lanai, patio shelter or similar structure exceeding one hundred twenty (120) square feet of gross floor area. Chapter 25.26 R-1 District Regulations is replaced in total with the following text: 25.26.035 Uses allowed with a special permit. The following are uses allowed in the district with a special permit: Deleted: (i)Glazed openings of the accessory structure will be within ten (10) feet of the property line or any portion of a glazed opening will be higher than ten (10) feet above grade;¶ Deleted: j Deleted: k Deleted: l Deleted: m Deleted: n Deleted: lathhouse 10 (a) Attached garages for single-family dwelling units; (b) Reduction in the number of parking spaces existing on site; except where the on-site parking requirement is met per Chapter 25.70 for the existing units on-site and the reduction in the number of parking spaces is for the purpose of creating an accessory dwelling unit which complies with the provisions of Chapter 25.59; (c) Construction exceeding the limits of the declining height envelope; (d) A detached garage exempt from setback restrictions located within the rear forty (40) percent of the lot; (e) An accessory structure that is in the rear of the lot and that is more than twenty-eight (28) feet in width or depth, except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit. Chapter 25.70 Off-Street Parking, Section 25.70.010 is replaced in total with the following text: 25.70.010 Vehicle parking spaces to be provided. (a) Parking Required. At the time of erection of any building or structure, or at the time any building or structure is enlarged or increased in capacity, there shall be provided off-street parking spaces with adequate and proper provision for ingress and egress by standard size automobiles. (b) Parking with Remodel or Reconstruction. When any building is remodeled, reconstructed or changed in use by the addition of dwelling units, gross floor area, seating capacity, change in type of use or intensified use, such additional garage or parking facilities as may be required must be provided, except for accessory dwelling units approved per Chapter 25.59. (c) Minimum Requirements. The regulations which follow are the minimum requirements unless specific requirements are made for a particular use in a district. Additional spaces may be provided. Unless otherwise expressly permitted by a section of this chapter, parking required by this chapter is to be provided on the same lot as the use for which the parking is required. 25.70.030 Requirements for single-family dwellings. The following are parking requirements for single-family dwellings. (a) Parking Space Requirements. Each single-family dwelling shall provide off-street parking spaces for at least two (2) vehicles, one of which must be covered by a garage or carport. The following further requirements apply to certain additions and to new single-family dwellings: Formatted: Tab stops: 0.5", Left Deleted: ; Deleted: ¶ (f)A basement with any interior ceiling height of six and one-half (6 1/2) feet or greater; ¶ ¶ (g)A direct exit from a basement to the exterior of the structure that is anything other than a light or window well; ¶ ¶ (h)A bathroom (toilet and sink) exceeding twenty-five (25) square feet located in a basement.¶ 11 (1) An existing single-family dwelling increased in size to three (3) or four (4) bedrooms and a new single-family dwelling with up to four (4) bedrooms shall provide off-street parking spaces to current code dimensions for at least two (2) vehicles, one of which must be covered by a garage or carport; (2) A single-family dwelling hereafter increased in size to five (5) or more bedrooms and a new single-family dwelling with five (5) or more bedrooms shall provide off-street parking to current code dimensions for at least three (3) vehicles, two (2) of which must be covered by a garage or carport; (3) For the purposes of subsections (a)(1) and (2) of this section, an existing garage not less than eighteen (18) feet wide and twenty (20) feet deep interior dimension shall be considered to provide two (2) covered off-street parking places; (4) For additions to existing single-family dwellings, an existing garage with an eighteen (18) foot depth interior dimension shall be considered to meet the dimensional requirements for a parking space. (5) Bedrooms that are within accessory dwelling units shall not be counted toward the overall number of bedrooms for the primary single family dwelling on the lot on which it is located; parking for accessory dwelling units shall comply with Section 25.59.060(g). (b) Parking Aisles and Driveways. Covered parking spaces shall have a twenty-four (24) foot back-up area or be designed to be entered or exited in no more than three (3) maneuvers. All spaces must allow entry in three (3) maneuvers in the forward direction. (c) Parking Limitations. (1) A vehicle shall not be parked between a structure and the front or side property line except in a garage, driveway or other approved parking; except for parking for an accessory dwelling unit which complies with the provisions of Chapter 25.59; (2) Inoperative vehicles, vehicle parts, boats and campers (as defined by Section 243 of the Vehicle Code) shall not be stored or parked in driveways or between a structure and front or side property line; (3) Required covered parking shall not be provided in tandem configuration; except for an accessory dwelling unit which complies with the provisions of Chapter 25.59; (4) For an addition to an existing single-family dwelling and for accessory dwelling units, required uncovered spaces may be provided in tandem configuration and may extend: (A) In areas with sidewalks, to the inner edge of the sidewalk, 12 (B) In areas without sidewalks to five (5) feet from the inner edge of the curb, (C) In areas without either sidewalks or curbs, to five (5) feet from the edge of pavement. Division 3. This ordinance, or a summary as applicable, shall be published as required by law and shall become effective 30-days thereafter. ____________________________________ Chair 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 14th day of May, 2018 by the following vote ___________________________________ Secretary 1 REDLINED PROPOSED CODE CHANGES FOR ADU REGULATIONS TO BE CONSISTENT WITH CALIFORNIA G OVERNMENT CODE SECTION 65852.2 Chapter 25.59 Secondary Dwelling Units is replaced in total with the following text: Chapter 25.59 ACCESSORY DWELLING UNITS 25.59.010 Purpose. The purpose of this chapter is to regulate both existing and new accessory dwelling units in residential zoning districts and on residential property consistent with state law (California Government Code Sections 65852.1 through 65852.2). This chapter is intended to implement the Housing Element of the Burlingame General Plan by providing for additional housing opportunities. This will be accomplished by increasing the number of units available within existing neighborhoods while maintaining the primarily single-family residential character of the area, and establishing standards for the development and occupancy of accessory units to ensure that they are compatible with neighboring uses and structures, adequately equipped with public utility services, safe for human occupancy, and do not create unreasonable traffic and safety impacts. An accessory residentialdwelling unit which conforms to the requirements of this chapter shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing General Plan and zoning designations for the lot. 25.59.020 Accessory dwelling unit permit procedure. (a) Applications for such an accessory dwelling unit permit shall be in writing and filed with the Community Development Director on a form approved by the Community Development Director. (b) As established by council resolution, a fee will be charged for an application for an accessory dwelling unit permit under this chapter. (c) Within 120 days of receipt of a complete application, the Community Development Director shall ministerially process for approval any application for an accessory dwelling unit permit pursuant to this chapter. Upon finding that the performance standards set forth in Section 25.59.060 are met the proposal shall be approved ministerially without discretionary review or public hearing and the applicant may proceed to acquire a building permit. All accessory units are categorically exempt from CEQA pursuant to Sections15301 and 15303 of the CEQA guidelines. If the application does not meet all of the requirements of this chapter, the Community Development Director shall deny the application. (d) Deed Restrictions. Prior to issuance of a building permit for an accessory dwelling unit, or for improvements to bring an existing accessory dwelling unit into compliance with the accessory 2 dwelling unit permit requirements, an agreement of restriction shall be filed with the county recorder. The agreement of restriction shall state the following: (1) The accessory dwelling unit shall not be sold separately from any part of the property on which it is located; (2) The accessory dwelling unit is restricted to the standards specified in Burlingame Municipal Code Chapter 25.59; (3) Either the primary single-family dwelling or the accessory dwelling unit shall be occupied as the principal place of residence of the record owner of the lot. In the case of ownership by a corporation, partnership, trust or association, either the primary single-family dwelling or the accessory dwelling unit shall be the place of residence of an officer, director or shareholder of the corporation, a partner in the partnership, a trustor, trustee or beneficiary of the trust, a member of the association, or an employee of any such organization; and (4) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall result in legal action against the property owner. 25.59.030 Appeal. The applicant that requested the accessory dwelling unit permit may appeal the community development director’s denial of the request. The appeal shall be submitted to the community development director in writing within ten (10) days after the date of the community development director’s decision. The appeal shall be heard by the planning commission in a public hearing pursuant to the procedures established for discretionary actions in Chapter 25.16. 25.59.040 Revocation of accessory dwelling unit permit. (a) Grounds. An accessory dwelling unit permit granted pursuant to this chapter may be revoked on any one or more of the following grounds: (1) The performance standards outlined in Sections 25.59 are not being met; or (2) No owner of the subject property resides on the property; or (3) The accessory dwelling unit is no longer used for residential purposes; or (4) The parking required by Section 25.59 is no longer provided; or (5) The primary single-family dwelling on the site is purposely demolished; or (b) Notice. Written notice to revoke an accessory dwelling unit permit shall be served on the property owner, as shown on the last equalized assessment roll, either personally or by certified mail, and shall state: (1) The reasons for the proposed revocation; Deleted: .060 and 25.59.070 Deleted: .060 3 (2) That the proposed action will be taken by the director of community development unless a hearing before the planning commission is requested within fifteen (15) days after the date of said notice. If no response is received, the director of community development shall forthwith revoke the accessory dwelling unit permit as set forth in said notice. (c) Hearing. If a hearing is requested, at least ten (10) days’ notice thereof shall be given to the requested party. At any such hearing the property owner shall call witnesses and present evidence in his or her behalf. Upon conclusion of such hearing, the planning commission shall determine whether or not the permit shall be revoked. Such determination may be appealed to the city council in the same manner as for appeals taken on applications for the granting of conditional use permits or variances. 25.59.050 Variances prohibited. No variance under Chapter 25.54 shall be granted from any requirement of this chapter. 25.59.060 Performance standards for accessory dwelling units. General Provisions. This section allows an accessory dwelling unit, either attached to the main dwelling or detached in a separate structure to be created on lots which now contain one single-family dwelling and meet the following criteria, upon approval of an administrative accessory dwelling unit permit. (a) Minimum Lot Size. The minimum lot size to accommodate an accessory dwelling unit shall be no less than six thousand (6,000) square feet for an accessory dwelling unit created entirely within an existing (legal) structure there shall be no minimum lot size limit; (b) There shall be no more than one accessory dwelling unit permitted on a lot which contains no more than one primary single-family dwelling. (c) Occupancy Restrictions. Either the primary single-family dwelling, or the accessory dwelling unit shall be occupied as the principal place of residence of the record owner of the lot. In the case of ownership by a corporation, partnership, trust or association, either the primary single-family dwelling, or the accessory dwelling unit shall be the place of residence of an officer, director or shareholder of the corporation, a partner in the partnership, a trustor, trustee or beneficiary of the trust, a member of the association, or an employee of any such organization. (d) Unit Size. The floor area of the accessory dwelling unit shall not exceed six hundred forty (640) square feet. (e) Floor Area Ratio. The accessory dwelling unit shall fall within the total floor area ratio and lot coverage allowed by the underlying zoning district. (f) Other Measurable Standards. Deleted: 4 (1) For attached units, the accessory dwelling unit shall comply with the setback, height and declining height envelope regulations which apply to the underlying zoning district. (2) For detached units, on single family zoned lots, the accessory dwelling unit shall comply with the setback, height and window placement criteria for accessory structures contained in Chapter 25.60, and shall meet the setback requirements, including exceptions for accessory structures, contained in Sections 25.26.072 and 25.26.073. (3) All detached units shall be limited to one story in height and shall not be constructed above detached garages or detached accessory structures except for accessory dwelling units create entirely within an existing legal two-story detached accessory structure;* (g) Parking. On-site parking spaces based on the number of bedrooms in the primary dwelling as required by Chapter 25.70 and parking requirements for an accessory dwelling unit shall be as follows: (1) Unless otherwise provided in this section, a minimum of one off-street uncovered parking space shall be provided for the accessory dwelling unit in addition to the off-street covered and uncovered parking spaces required for the main dwelling. (i) Parking for the accessory dwelling unit may be in tandem with a required parking space for the primary dwelling , meaning two or more cars located directly behind each other; and (ii) Parking for accessory dwelling units may be provided in the front setback or yard; and (iii) All parking shall be provided on a hard, all-weather surface and properly drained to the public street. (2) No parking space shall be required for an accessory dwelling unit in any of the following instances: (i) No on-site parking for the accessory dwelling unit shall be required if the accessory dwelling unit is only used for “affordable housing” as defined in Chapter 25.63. As a condition of approval under this subsection, the owner of the property will be required to enter into and record an agreement generally in conformance with Section 25.63.040 to ensure continued affordability of the accessory dwelling unit. A draft agreement shall be required at the time of application submittal. (ii) The accessory dwelling unit is located within one-half mile of a major transit stop, as defined in California Public Resources Code § 21064.3 or included in the regional transportation plan; (iii) The accessory dwelling unit is located within a designated historic district; (iv) The accessory dwelling unit is constructed within an existing structure and is part of an existing single family dwelling or an existing, authorized, permitted and finalized accessory structure intended for human habitation Deleted: main dwelling unit Formatted: Indent: First line: 0.5" Deleted: 8 Deleted: 8 Formatted: Font: (Default) Arial, 11 pt Deleted: D Deleted: ess Deleted: . Deleted: one Deleted: an Deleted: car Deleted: No required p Deleted: , except in the driveway Deleted: second Deleted: the Deleted: main residence Deleted: residential Deleted: as having existed three years prior to application; 5 (v) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; (vi) When there is a car share vehicle, in a location determined by the Community Development Director to have at least three dedicated parking spaces, located within one block of the accessory dwelling unit; (h) Construction of the accessory dwelling unit shall comply with the all applicable provisions of this title and all applicable building, health and fire codes; except for accessory dwelling units constructed prior to January 1, 1954; (i) The new accessory dwelling unit shall incorporate the same or similar architectural features, building materials as the primary single family dwelling located on the property. Compatibility with the primary structure includes coordination of materials, roofing and other architectural features, and landscaping designed so that the appearance of the site remains that of a single-family residence. (j) Upon approval of an accessory dwelling unit there shall be an application submitted for a new, separate address from the Public Works, Engineering Division. Address numbers shall be placed on all new and existing buildings with accessory dwelling units, in accordance with the street identification standards provided in Title 17, Chapter 17.04, and shall be placed in such a position as to be plainly visible and legible from the street to provide clear identification of the unit for emergency responders. (k) A restrictive covenant which mandates owner occupancy of at least one of the units shall be recorded to establish the existing accessory dwelling unit. The restrictive covenant shall be binding upon any successor in ownership of the property and lack of compliance shall void the approval of the unit and may result in legal action against the property owner. The restrictive covenant shall be subject to approval by the city attorney as to its form and content. (l) If the accessory dwelling unit is demolished, the accessory dwelling unit permit shall lapse and be of no further force and effect, and all on-site parking requirements of Chapter 25.70 shall be met for the single family dwelling on the site. (m) For existing accessory dwelling units constructed prior to January 1, 1954 the following additional criteria shall be met, in addition to subsections a-j above: (1) The accessory dwelling unit shall conform to the requirements of the California Health and Safety Code Section 17920.3, and the Uniform Housing Code as adopted by Section 17922. (2) An applicant for an accessory dwelling unit permit pursuant to this section that has been granted on conditions that it conform to the requirements of this chapter may perform work to bring the accessory dwelling unit into conformance, such as reducing the size of the living unit, improving or constructing parking, and correcting violation of Health and Safety Code Section 17920.3 and the Uniform Housing Code. (3) Any remodeling affecting the exterior of the accessory dwelling unit shall be matched to generally conform to the exterior treatment of the primary dwelling unit on the parcel. Deleted: and colors Deleted: Deleted: colors, Deleted: primary 6 (4) If the accessory dwelling unit is destroyed or damaged by a natural catastrophe, the accessory dwelling unit may be reconstructed in exactly the same envelope and floor area as it existed immediately before the catastrophe or in conformance with the standards for new accessory dwelling units contained in Section 25.59. Chapter 25.08 Definitions, Section 25.08.573 is replaced in total with the following text: 25.08.573 Accessory dwelling unit. “Accessory dwelling unit” means an additional residential dwelling unit on a parcel occupied solely by a single-family residencel that provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation purposes on the same parcel as the primary single-family dwelling is situated in one of the following forms: (a) Detached: The unit is separated from the primary structure (b) Attached: The unit is attached to the primary structure (c) Repurposed Existing Space: Space (e.g. master bedroom) within the primary residence is converted into an independent living unit. 25.08.647 Tandem parking. “Tandem parking” is the parking of one vehicle behind another; except for parking for an accessory dwelling unit where tandem parking is defined as two or more vehicles that are parked on a driveway or in any other location on a lot, lined up behind one another. Chapter 25.50 Nonconforming Uses and Structures, Section 15.50.025 Expansion of nonconforming uses – R-1 zone is replaced in total with the following text: 25.50.025 Expansion of nonconforming uses - R-1 zone. (a) This section shall only be applicable to R-1 zoned parcels which contain two (2) detached nonconforming residential units. Only the primary residence, as determined by the director of community development, may be increased in footprint or in any exterior dimension if the accessory detached unit is to be retained as a residential unit. A conditional use permit pursuant to Chapter 25.16 shall be required for any such increase to a primary unit. Only maintenance and repairs as defined by the Uniform Building Code may be made to any accessory dwelling unit. The floor area or footprint of such an accessory unit shall not be expanded. (b) Factors for determining the primary residence shall include, but not be limited to, relative age, size and conformity with zoning requirements of the two (2) residences. The property owner may request that the planning commission review any such determination by the director of community development. Deleted: .060 Formatted: Font: 14 pt, Bold Formatted: Font: 14 pt, Bold Formatted: Font: 12 pt, Bold Deleted: ¶ Deleted: either a detached or an attached Deleted: soley Deleted: tial lot or parce Formatted: Font: 11 pt, Not Italic Formatted: Font: 11 pt Formatted: Font: 11 pt, Not Italic Formatted: Space After: 3 pt, Line spacing: single, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75", Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Formatted: Font: 11 pt Formatted: Font color: Black Deleted: .¶ Formatted: Space Before: 0 pt, After: 0 pt, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt 7 Chapter 25.60 Accessory Structures in R-1 and R-2 Districts is replaced in total with the following text: CHAPTER 25.60 ACCESSORY STRUCTURES IN R-1 AND R-2 DISTRICTS 25.60.010 Conditional use permit requirements. Accessory structures in the R-1 or R-2 Districts shall be a conditional use requiring a conditional use permit if any of the following will exist: (a) Two (2) or more accessory structures, each having over one hundred (100) square feet gross floor area, will exist on a single lot, except that there may be two (2) accessory structures if one is an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit; (b) Any single accessory structure will exceed six hundred (600) square feet of gross floor area; except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit may be up to six hundred forty (640) square feet; (c) All accessory structures on a single lot will exceed a total of eight hundred (800) square feet gross floor area; except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit may be up to six hundred forty (640) square feet; (d) An accessory structure will occupy any portion of the lot in front of the main building; provided, where a dwelling has been erected on the rear sixty (60) percent of the lot prior to January 15, 1954, a garage may be erected in front of the main building, but not in any portion of the front setback; (e) An accessory structure will be erected closer than four (4) feet to any other structure on the same lot; (f) Accessory structures will cover more than fifty (50) percent of the rear thirty (30) percent of a lot; (g) The plate line of the accessory structure will be more than nine (9) feet above grade at the closest point between the plate line and adjacent grade; (h) The roof height of the accessory structure will exceed ten (10) feet above grade, except the height may be increased one foot for each foot of separation from an adjacent property line, up to a maximum height of fourteen (14) feet, provided: (1) Where the lot slopes more than ten (10) percent at the location of the accessory structure, the maximum height shall be four (4) feet above the plate line; Deleted: ¶ 8 (2) The portion of the structure at the rear property line may have a maximum height of fourteen (14) feet if the structure has a pitched roof on both sides and the rear plate line does not exceed nine (9) feet above the natural grade; (3) The roof height of an accessory structure may have a maximum height of fifteen (15) feet above grade when the roof is pitched from ridge to plate on at least two (2) sides, and the ridge is no closer than five (5) feet to a side property line, and the rear plate line does not exceed nine (9) feet above the natural grade; and (4) No portion of the space within any accessory structure between the top of plate and the lowest portion of the roof structure including any dormer shall exceed seven (7) feet in height. (i) Water or sewer connections to the accessory structure will exceed building code minimums or the accessory structure will contain any shower, bath or toilet, except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit; (j) The accessory structure will enclose mechanical equipment, excluding air conditioning equipment, which is designed to operate on a regular or continuous basis, which may be objectionable because of loudness, hours of operation, odor or other reason, and which is to be located less than twenty (20) feet from any structure for habitation, or less than ten (10) feet from any property line; provided such shall be allowed without a special permit if the building official approves the structure as adequately sound insulated; (k) Storage of household goods, tools or equipment in the accessory structure will exceed ten (10) percent of the gross floor area of the main dwelling structure; (l) Any portion of the accessory structure will be used for accessory living quarters, recreation purposes or for use in a home occupation; except for an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit does not require a conditional use permit; (m) The accessory structure will be a greenhouse, trellis, lanai, patio shelter or similar structure exceeding one hundred twenty (120) square feet of gross floor area. Chapter 25.26 R-1 District Regulations is replaced in total with the following text: 25.26.035 Uses allowed with a special permit. Deleted: (i)Glazed openings of the accessory structure will be within ten (10) feet of the property line or any portion of a glazed opening will be higher than ten (10) feet above grade;¶ Deleted: j Deleted: k Deleted: l Deleted: m Deleted: n Deleted: lathhouse 9 The following are uses allowed in the district with a special permit: (a) Attached garages for single-family dwelling units; (b) Reduction in the number of parking spaces existing on site; except where the on-site parking requirement is met per Chapter 25.70 for the existing units on-site and the reduction in the number of parking spaces is for the purpose of creating an accessory dwelling unit which complies with the provisions of Chapter 25.59; (c) Construction exceeding the limits of the declining height envelope; (d) A detached garage exempt from setback restrictions located within the rear forty (40) percent of the lot; (e) An accessory structure that is in the rear of the lot and that is more than twenty-eight (28) feet in width or depth, except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit. Chapter 25.70 Off-Street Parking, Section 25.70.010 is replaced in total with the following text: 25.70.010 Vehicle parking spaces to be provided. (a) Parking Required. At the time of erection of any building or structure, or at the time any building or structure is enlarged or increased in capacity, there shall be provided off-street parking spaces with adequate and proper provision for ingress and egress by standard size automobiles. (b) Parking with Remodel or Reconstruction. When any building is remodeled, reconstructed or changed in use by the addition of dwelling units, gross floor area, seating capacity, change in type of use or intensified use, such additional garage or parking facilities as may be required must be provided, except for accessory dwelling units approved per Chapter 25.59. (c) Minimum Requirements. The regulations which follow are the minimum requirements unless specific requirements are made for a particular use in a district. Additional spaces may be provided. Unless otherwise expressly permitted by a section of this chapter, parking required by this chapter is to be provided on the same lot as the use for which the parking is required. 25.70.030 Requirements for single-family dwellings. The following are parking requirements for single-family dwellings. (a) Parking Space Requirements. Each single-family dwelling shall provide off-street parking spaces for at least two (2) vehicles, one of which must be covered by a garage or carport. The following further requirements apply to certain additions and to new single-family dwellings: Formatted: Tab stops: 0.5", Left Deleted: ; Deleted: ¶ (f)A basement with any interior ceiling height of six and one-half (6 1/2) feet or greater; ¶ ¶ (g)A direct exit from a basement to the exterior of the structure that is anything other than a light or window well; ¶ ¶ (h)A bathroom (toilet and sink) exceeding twenty-five (25) square feet located in a basement.¶ 10 (1) An existing single-family dwelling increased in size to three (3) or four (4) bedrooms and a new single-family dwelling with up to four (4) bedrooms shall provide off-street parking spaces to current code dimensions for at least two (2) vehicles, one of which must be covered by a garage or carport; (2) A single-family dwelling hereafter increased in size to five (5) or more bedrooms and a new single-family dwelling with five (5) or more bedrooms shall provide off-street parking to current code dimensions for at least three (3) vehicles, two (2) of which must be covered by a garage or carport; (3) For the purposes of subsections (a)(1) and (2) of this section, an existing garage not less than eighteen (18) feet wide and twenty (20) feet deep interior dimension shall be considered to provide two (2) covered off-street parking places; (4) For additions to existing single-family dwellings, an existing garage with an eighteen (18) foot depth interior dimension shall be considered to meet the dimensional requirements for a parking space. (5) Bedrooms that are within accessory dwelling units shall not be counted toward the overall number of bedrooms for the primary single family dwelling on the lot on which it is located; parking for accessory dwelling units shall comply with Section 25.59.060(g). (b) Parking Aisles and Driveways. Covered parking spaces shall have a twenty-four (24) foot back-up area or be designed to be entered or exited in no more than three (3) maneuvers. All spaces must allow entry in three (3) maneuvers in the forward direction. (c) Parking Limitations. (1) A vehicle shall not be parked between a structure and the front or side property line except in a garage, driveway or other approved parking; except for parking for an accessory dwelling unit which complies with the provisions of Chapter 25.59; (2) Inoperative vehicles, vehicle parts, boats and campers (as defined by Section 243 of the Vehicle Code) shall not be stored or parked in driveways or between a structure and front or side property line; (3) Required covered parking shall not be provided in tandem configuration; except for an accessory dwelling unit which complies with the provisions of Chapter 25.59; (4) For an addition to an existing single-family dwelling and for accessory dwelling units, required uncovered spaces may be provided in tandem configuration and may extend: (A) In areas with sidewalks, to the inner edge of the sidewalk, (B) In areas without sidewalks to five (5) feet from the inner edge of the curb, 11 (C) In areas without either sidewalks or curbs, to five (5) feet from the edge of pavement. 1 CLEAN VERSION (REDLINES ACCEPTED) PROPOSED CODE CHANGES FOR ADU REGULATIONS TO BE CONSISTENT WITH CALIFORNIA GOVERNM ENT CODE SECTION 65852.2 Chapter 25.59 Secondary Dwelling Units is replaced in total with the following text: Chapter 25.59 ACCESSORY DWELLING UNITS 25.59.010 Purpose. The purpose of this chapter is to regulate both existing and new accessory dwelling units in residential zoning districts and on residential property consistent with state law (California Government Code Sections 65852.1 through 65852.2). This chapter is intended to implement the Housing Element of the Burlingame General Plan by providing for additional housing opportunities. This will be accomplished by increasing the number of units available within existing neighborhoods while maintaining the primarily single-family residential character of the area, and establishing standards for the development and occupancy of accessory units to ensure that they are compatible with neighboring uses and structures, adequately equipped with public utility services, safe for human occupancy, and do not create unreasonable traffic and safety impacts. An accessory residential dwelling unit which conforms to the requirements of this chapter shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing General Plan and zoning designations for the lot. 25.59.020 Accessory dwelling unit permit procedure. (a) Applications for such an accessory dwelling unit permit shall be in writing and filed with the Community Development Director on a form approved by the Community Development Director. (b) As established by council resolution, a fee will be charged for an application for an accessory dwelling unit permit under this chapter. (c) Within 120 days of receipt of a complete application, the Community Development Director shall ministerially process for approval any application for an accessory dwelling unit permit pursuant to this chapter. Upon finding that the performance standards set forth in Section 25.59.060 are met the proposal shall be approved ministerially without discretionary review or public hearing and the applicant may proceed to acquire a building permit. All accessory units are categorically exempt from CEQA pursuant to Sections15301 and 15303 of the CEQA guidelines. If the application does not meet all of the requirements of this chapter, the Community Development Director shall deny the application. (d) Deed Restrictions. Prior to issuance of a building permit for an accessory dwelling unit, or for improvements to bring an existing accessory dwelling unit into compliance with the accessory 2 dwelling unit permit requirements, an agreement of restriction shall be filed with the county recorder. The agreement of restriction shall state the following: (1) The accessory dwelling unit shall not be sold separately from any part of the property on which it is located; (2) The accessory dwelling unit is restricted to the standards specified in Burlingame Municipal Code Chapter 25.59; (3) Either the primary single-family dwelling or the accessory dwelling unit shall be occupied as the principal place of residence of the record owner of the lot. In the case of ownership by a corporation, partnership, trust or association, either the primary single-family dwelling or the accessory dwelling unit shall be the place of residence of an officer, director or shareholder of the corporation, a partner in the partnership, a trustor, trustee or beneficiary of the trust, a member of the association, or an employee of any such organization; and (4) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall result in legal action against the property owner. 25.59.030 Appeal. The applicant that requested the accessory dwelling unit permit may appeal the community development director’s denial of the request. The appeal shall be submitted to the community development director in writing within ten (10) days after the date of the community development director’s decision. The appeal shall be heard by the planning commission in a public hearing pursuant to the procedures established for discretionary actions in Chapter 25.16. 25.59.040 Revocation of accessory dwelling unit permit. (a) Grounds. An accessory dwelling unit permit granted pursuant to this chapter may be revoked on any one or more of the following grounds: (1) The performance standards outlined in Sections 25.59 are not being met; or (2) No owner of the subject property resides on the property; or (3) The accessory dwelling unit is no longer used for residential purposes; or (4) The parking required by Section 25.59 is no longer provided; or (5) The primary single-family dwelling on the site is purposely demolished; or (b) Notice. Written notice to revoke an accessory dwelling unit permit shall be served on the property owner, as shown on the last equalized assessment roll, either personally or by certified mail, and shall state: (1) The reasons for the proposed revocation; 3 (2) That the proposed action will be taken by the director of community development unless a hearing before the planning commission is requested within fifteen (15) days after the date of said notice. If no response is received, the director of community development shall forthwith revoke the accessory dwelling unit permit as set forth in said notice. (c) Hearing. If a hearing is requested, at least ten (10) days’ notice thereof shall be given to the requested party. At any such hearing the property owner shall call witnesses and present evidence in his or her behalf. Upon conclusion of such hearing, the planning commission shall determine whether or not the permit shall be revoked. Such determination may be appealed to the city council in the same manner as for appeals taken on applications for the granting of conditional use permits or variances. 25.59.050 Variances prohibited. No variance under Chapter 25.54 shall be granted from any requirement of this chapter. 25.59.060 Performance standards for accessory dwelling units. General Provisions. This section allows an accessory dwelling unit, either attached to the main dwelling or detached in a separate structure to be created on lots which now contain one single-family dwelling and meet the following criteria, upon approval of an administrative accessory dwelling unit permit. (a) Minimum Lot Size. The minimum lot size to accommodate an accessory dwelling unit shall be no less than six thousand (6,000) square feet for an accessory dwelling unit created entirely within an existing (legal) structure there shall be no minimum lot size limit; (b) There shall be no more than one accessory dwelling unit permitted on a lot which contains no more than one primary single-family dwelling. (c) Occupancy Restrictions. Either the primary single-family dwelling, or the accessory dwelling unit shall be occupied as the principal place of residence of the record owner of the lot. In the case of ownership by a corporation, partnership, trust or association, either the primary single-family dwelling, or the accessory dwelling unit shall be the place of residence of an officer, director or shareholder of the corporation, a partner in the partnership, a trustor, trustee or beneficiary of the trust, a member of the association, or an employee of any such organization. (d) Unit Size. The floor area of the accessory dwelling unit shall not exceed six hundred forty (640) square feet. (e) Floor Area Ratio. The accessory dwelling unit shall fall within the total floor area ratio and lot coverage allowed by the underlying zoning district. (f) Other Measurable Standards. 4 (1) For attached units, the accessory dwelling unit shall comply with the setback, height and declining height envelope regulations which apply to the underlying zoning district. (2) For detached units, on single family zoned lots, the accessory dwelling unit shall comply with the setback, height and window placement criteria for accessory structures contained in Chapter 25.60, and shall meet the setback requirements, including exceptions for accessory structures, contained in Sections 25.26.072 and 25.26.073. (3) All detached units shall be limited to one story in height and shall not be constructed above detached garages or detached accessory structures except for accessory dwelling units create entirely within an existing legal two-story detached accessory structure;* (g) Parking. On-site parking spaces based on the number of bedrooms in the primary dwelling as required by Chapter 25.70 and parking requirements for an accessory dwelling unit shall be as follows: (1) Unless otherwise provided in this section, a minimum of one off-street uncovered parking space shall be provided for the accessory dwelling unit in addition to the off-street covered and uncovered parking spaces required for the main dwelling. (i) Parking for the accessory dwelling unit may be in tandem with a required parking space for the primary dwelling , meaning two or more cars located directly behind each other; and (ii) Parking for accessory dwelling units may be provided in the front setback or yard; and (iii) All parking shall be provided on a hard, all-weather surface and properly drained to the public street. (2) No parking space shall be required for an accessory dwelling unit in any of the following instances: (i) No on-site parking for the accessory dwelling unit shall be required if the accessory dwelling unit is only used for “affordable housing” as defined in Chapter 25.63. As a condition of approval under this subsection, the owner of the property will be required to enter into and record an agreement generally in conformance with Section 25.63.040 to ensure continued affordability of the accessory dwelling unit. A draft agreement shall be required at the time of application submittal. (ii) The accessory dwelling unit is located within one-half mile of a major transit stop, as defined in California Public Resources Code § 21064.3 or included in the regional transportation plan; (iii) The accessory dwelling unit is located within a designated historic district; (iv) The accessory dwelling unit is constructed within an existing structure and is part of an existing single family dwelling or an existing, authorized, permitted and finalized accessory structure intended for human habitation 5 (v) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; (vi) When there is a car share vehicle, in a location determined by the Community Development Director to have at least three dedicated parking spaces, located within one block of the accessory dwelling unit; (h) Construction of the accessory dwelling unit shall comply with the all applicable provisions of this title and all applicable building, health and fire codes; except for accessory dwelling units constructed prior to January 1, 1954; (i) The new accessory dwelling unit shall incorporate the same or similar architectural features, building materials as the primary single family dwelling located on the property. Compatibility with the primary structure includes coordination of materials, roofing and other architectural features, and landscaping designed so that the appearance of the site remains that of a single-family residence. (j) Upon approval of an accessory dwelling unit there shall be an application submitted for a new, separate address from the Public Works, Engineering Division. Address numbers shall be placed on all new and existing buildings with accessory dwelling units, in accordance with the street identification standards provided in Title 17, Chapter 17.04, and shall be placed in such a position as to be plainly visible and legible from the street to provide clear identification of the unit for emergency responders. (k) A restrictive covenant which mandates owner occupancy of at least one of the units shall be recorded to establish the existing accessory dwelling unit. The restrictive covenant shall be binding upon any successor in ownership of the property and lack of compliance shall void the approval of the unit and may result in legal action against the property owner. The restrictive covenant shall be subject to approval by the city attorney as to its form and content. (l) If the accessory dwelling unit is demolished, the accessory dwelling unit permit shall lapse and be of no further force and effect, and all on-site parking requirements of Chapter 25.70 shall be met for the single family dwelling on the site. (m) For existing accessory dwelling units constructed prior to January 1, 1954 the following additional criteria shall be met, in addition to subsections a-j above: (1) The accessory dwelling unit shall conform to the requirements of the California Health and Safety Code Section 17920.3, and the Uniform Housing Code as adopted by Section 17922. (2) An applicant for an accessory dwelling unit permit pursuant to this section that has been granted on conditions that it conform to the requirements of this chapter may perform work to bring the accessory dwelling unit into conformance, such as reducing the size of the living unit, improving or constructing parking, and correcting violation of Health and Safety Code Section 17920.3 and the Uniform Housing Code. (3) Any remodeling affecting the exterior of the accessory dwelling unit shall be matched to generally conform to the exterior treatment of the primary dwelling unit on the parcel. 6 (4) If the accessory dwelling unit is destroyed or damaged by a natural catastrophe, the accessory dwelling unit may be reconstructed in exactly the same envelope and floor area as it existed immediately before the catastrophe or in conformance with the standards for new accessory dwelling units contained in Section 25.59. Chapter 25.08 Definitions, Section 25.08.573 is replaced in total with the following text: 25.08.573 Accessory dwelling unit. “Accessory dwelling unit” means an additional residential dwelling unit on a parcel occupied solely by a single-family residencel that provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation purposes on the same parcel as the primary single-family dwelling is situated in one of the following forms: (a) Detached: The unit is separated from the primary structure (b) Attached: The unit is attached to the primary structure (c) Repurposed Existing Space: Space (e.g. master bedroom) within the primary residence is converted into an independent living unit. 25.08.647 Tandem parking. “Tandem parking” is the parking of one vehicle behind another; except for parking for an accessory dwelling unit where tandem parking is defined as two or more vehicles that are parked on a driveway or in any other location on a lot, lined up behind one another. Chapter 25.50 Nonconforming Uses and Structures, Section 15.50.025 Expansion of nonconforming uses – R-1 zone is replaced in total with the following text: 25.50.025 Expansion of nonconforming uses - R-1 zone. (a) This section shall only be applicable to R-1 zoned parcels which contain two (2) detached nonconforming residential units. Only the primary residence, as determined by the director of community development, may be increased in footprint or in any exterior dimension if the accessory detached unit is to be retained as a residential unit. A conditional use permit pursuant to Chapter 25.16 shall be required for any such increase to a primary unit. Only maintenance and repairs as defined by the Uniform Building Code may be made to any accessory dwelling unit. The floor area or footprint of such an accessory unit shall not be expanded. (b) Factors for determining the primary residence shall include, but not be limited to, relative age, size and conformity with zoning requirements of the two (2) residences. The property owner may request that the planning commission review any such determination by the director of community development. 7 Chapter 25.60 Accessory Structures in R-1 and R-2 Districts is replaced in total with the following text: CHAPTER 25.60 ACCESSORY STRUCTURES IN R-1 AND R-2 DISTRICTS 25.60.010 Conditional use permit requirements. Accessory structures in the R-1 or R-2 Districts shall be a conditional use requiring a conditional use permit if any of the following will exist: (a) Two (2) or more accessory structures, each having over one hundred (100) square feet gross floor area, will exist on a single lot, except that there may be two (2) accessory structures if one is an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit; (b) Any single accessory structure will exceed six hundred (600) square feet of gross floor area; except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit may be up to six hundred forty (640) square feet; (c) All accessory structures on a single lot will exceed a total of eight hundred (800) square feet gross floor area; except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit may be up to six hundred forty (640) square feet; (d) An accessory structure will occupy any portion of the lot in front of the main building; provided, where a dwelling has been erected on the rear sixty (60) percent of the lot prior to January 15, 1954, a garage may be erected in front of the main building, but not in any portion of the front setback; (e) An accessory structure will be erected closer than four (4) feet to any other structure on the same lot; (f) Accessory structures will cover more than fifty (50) percent of the rear thirty (30) percent of a lot; (g) The plate line of the accessory structure will be more than nine (9) feet above grade at the closest point between the plate line and adjacent grade; (h) The roof height of the accessory structure will exceed ten (10) feet above grade, except the height may be increased one foot for each foot of separation from an adjacent property line, up to a maximum height of fourteen (14) feet, provided: (1) Where the lot slopes more than ten (10) percent at the location of the accessory structure, the maximum height shall be four (4) feet above the plate line; 8 (2) The portion of the structure at the rear property line may have a maximum height of fourteen (14) feet if the structure has a pitched roof on both sides and the rear plate line does not exceed nine (9) feet above the natural grade; (3) The roof height of an accessory structure may have a maximum height of fifteen (15) feet above grade when the roof is pitched from ridge to plate on at least two (2) sides, and the ridge is no closer than five (5) feet to a side property line, and the rear plate line does not exceed nine (9) feet above the natural grade; and (4) No portion of the space within any accessory structure between the top of plate and the lowest portion of the roof structure including any dormer shall exceed seven (7) feet in height. (i) Water or sewer connections to the accessory structure will exceed building code minimums or the accessory structure will contain any shower, bath or toilet, except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit; (j) The accessory structure will enclose mechanical equipment, excluding air conditioning equipment, which is designed to operate on a regular or continuous basis, which may be objectionable because of loudness, hours of operation, odor or other reason, and which is to be located less than twenty (20) feet from any structure for habitation, or less than ten (10) feet from any property line; provided such shall be allowed without a special permit if the building official approves the structure as adequately sound insulated; (k) Storage of household goods, tools or equipment in the accessory structure will exceed ten (10) percent of the gross floor area of the main dwelling structure; (l) Any portion of the accessory structure will be used for accessory living quarters, recreation purposes or for use in a home occupation; except for an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit does not require a conditional use permit; (m) The accessory structure will be a greenhouse, trellis, lanai, patio shelter or similar structure exceeding one hundred twenty (120) square feet of gross floor area. Chapter 25.26 R-1 District Regulations is replaced in total with the following text: 25.26.035 Uses allowed with a special permit. The following are uses allowed in the district with a special permit: (a) Attached garages for single-family dwelling units; (b) Reduction in the number of parking spaces existing on site; except where the on-site parking requirement is met per Chapter 25.70 for the existing units on-site and the reduction in the 9 number of parking spaces is for the purpose of creating an accessory dwelling unit which complies with the provisions of Chapter 25.59; (c) Construction exceeding the limits of the declining height envelope; (d) A detached garage exempt from setback restrictions located within the rear forty (40) percent of the lot; (e) An accessory structure that is in the rear of the lot and that is more than twenty-eight (28) feet in width or depth, except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit. Chapter 25.70 Off-Street Parking, Section 25.70.010 is replaced in total with the following text: 25.70.010 Vehicle parking spaces to be provided. (a) Parking Required. At the time of erection of any building or structure, or at the time any building or structure is enlarged or increased in capacity, there shall be provided off-street parking spaces with adequate and proper provision for ingress and egress by standard size automobiles. (b) Parking with Remodel or Reconstruction. When any building is remodeled, reconstructed or changed in use by the addition of dwelling units, gross floor area, seating capacity, change in type of use or intensified use, such additional garage or parking facilities as may be required must be provided, except for accessory dwelling units approved per Chapter 25.59. (c) Minimum Requirements. The regulations which follow are the minimum requirements unless specific requirements are made for a particular use in a district. Additional spaces may be provided. Unless otherwise expressly permitted by a section of this chapter, parking required by this chapter is to be provided on the same lot as the use for which the parking is required. 25.70.030 Requirements for single-family dwellings. The following are parking requirements for single-family dwellings. (a) Parking Space Requirements. Each single-family dwelling shall provide off-street parking spaces for at least two (2) vehicles, one of which must be covered by a garage or carport. The following further requirements apply to certain additions and to new single-family dwellings: (1) An existing single-family dwelling increased in size to three (3) or four (4) bedrooms and a new single-family dwelling with up to four (4) bedrooms shall provide off-street parking spaces to current code dimensions for at least two (2) vehicles, one of which must be covered by a garage or carport; (2) A single-family dwelling hereafter increased in size to five (5) or more bedrooms and a new single-family dwelling with five (5) or more bedrooms shall provide off-street parking to current 10 code dimensions for at least three (3) vehicles, two (2) of which must be covered by a garage or carport; (3) For the purposes of subsections (a)(1) and (2) of this section, an existing garage not less than eighteen (18) feet wide and twenty (20) feet deep interior dimension shall be considered to provide two (2) covered off-street parking places; (4) For additions to existing single-family dwellings, an existing garage with an eighteen (18) foot depth interior dimension shall be considered to meet the dimensional requirements for a parking space. (5) Bedrooms that are within accessory dwelling units shall not be counted toward the overall number of bedrooms for the primary single family dwelling on the lot on which it is located; parking for accessory dwelling units shall comply with Section 25.59.060(g). (b) Parking Aisles and Driveways. Covered parking spaces shall have a twenty-four (24) foot back-up area or be designed to be entered or exited in no more than three (3) maneuvers. All spaces must allow entry in three (3) maneuvers in the forward direction. (c) Parking Limitations. (1) A vehicle shall not be parked between a structure and the front or side property line except in a garage, driveway or other approved parking; except for parking for an accessory dwelling unit which complies with the provisions of Chapter 25.59; (2) Inoperative vehicles, vehicle parts, boats and campers (as defined by Section 243 of the Vehicle Code) shall not be stored or parked in driveways or between a structure and front or side property line; (3) Required covered parking shall not be provided in tandem configuration; except for an accessory dwelling unit which complies with the provisions of Chapter 25.59; (4) For an addition to an existing single-family dwelling and for accessory dwelling units, required uncovered spaces may be provided in tandem configuration and may extend: (A) In areas with sidewalks, to the inner edge of the sidewalk, (B) In areas without sidewalks to five (5) feet from the inner edge of the curb, (C) In areas without either sidewalks or curbs, to five (5) feet from the edge of pavement. CALIFORNIA NEWSPAPER SERVICE BUREAU NPEN D A I L Y J O U R N A L C O R P O R A T I O N To the right is a copy of the notice you sent to us for publication in the BOUTIQUE & VILLAGER. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839 Visit us @ www.LegalAdstore.com PLANNING DEPARTMENT - floor 2 CITY OF BURLINGAME/COMM. DEV. DEPT. 501 PRIMROSE ROAD BURLINGAME, CA 94010 HRG NOTICE OF HEARING 05.03.18 Amend Muni Code Access Dwell Units 25.59, .08, .26, .60, .70 05/03/2018 Publication Total $37.40 $37.40 Notice Type: Ad Description COPY OF NOTICE 3128509 !A000004742515! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF PUBLIC HEARING The CITY OF BURLIN- GAME PLANNING COM- MISSION will hold a public hearing to consider adoption of amendments to Chapter 25.59 (Secondary Dwelling Units), Chapter 25.08 (Definitions), Chapter 25.26 (R-1 district regulations), Chapter 25.60 (Accessory Structures in R-1 and R-2 districts) and Chapter 25.70 (Off-street parking) of the Burlingame Municipal Code related to Accessory Dwelling Units. The hearing will be held on Monday, May 14, 2018, at 7:00 p.m. in the City Hall Council Chambers, 501 Primrose Road, Burlingame, California. The staff report for this item may be reviewed prior to the meeting at the Community Development Department, Planning Division, Burlin- game City Hall, 501 Primrose Road, Burlingame; and on the City's website at www.burlingame.org. For additional information please call the Planning Division at (650) 558-7250. To be published Thursday, May 3, 2018. 5/3/18 NPEN-3128509# EXAMINER - BOUTIQUE & VILLAGER CITY OF BURLINGAME Community Development Department M E M O R A N D U M DATE: May 9, 2018 Director's Report TO: Planning Commission Meeting Date: May 14, 2018 FROM: ‘Amelia Kolokihakaufisi, Associate Planner SUBJECT: FYI – REVIEW OF REVISION REQUESTED BY THE PLANNING COMMISSION TO A PREVIOUSLY APPROVED DESIGN REVIEW PROJECT AT 815 MAPLE AVENUE, ZONED R-1. Summary: An application for Design Review for a first and second story addition to an existing single-family dwelling at 815 Maple Avenue, zoned R-1, was approved by the Planning Commission on April 23, 2018. At that hearing, the Planning Commission voted to approve the project based upon the following revision being reviewed by the Commission as an FYI item, prior to the issuance of a building permit:  that to clarify the window material, remove manufacturer reference under the window/door material notes on sheets A3 and A3.1 The applicant has removed manufacturer reference on sheets A3 and A3.1 to clarify that the window material for the proposed project will be wood or wood-clad windows. A building permit has not yet been issued for the project. If the Commission feels there is a need for more study, this item may be placed on an action calendar for a public hearing with direction to the applicant. ‘Amelia Kolokihakaufisi Associate Planner Attachments: Originally Approved plans, date stamped April 6, 2018 Revised Plan Sheets A3 and A3.1, date stamped April 24, 2018 CITY OF BURLINGAME Community Development Department M E M O R A N D U M DATE: April 25, 2018 Director's Report TO: Planning Commission Meeting Date: May 14, 2018 FROM: Sonal Aggarwal, Contract Planner SUBJECT: FYI – REVIEW OF REQUESTED ARCHITECTURAL DETAILS FOR A PREVIOUSLY APPROVED DESIGN REVIEW PROJECT AT 1402 GROVE AVENUE, ZONED R-1. Summary: An application for Design Review for a first and second story addition to an existing single family dwelling at 1402 Grove Avenue, zoned R-1, was approved by the Planning Commission on March 12, 2018 (see attached March 12, 2018 Planning Commission Meeting Minutes). At the meeting the Commission had asked to review the details of the new standing metal roof awning and approved the project with the following condition of approval: Condition of Approval No. 2: that the project shall be brought back to the Planning Commission for an FYI prior to building permit issuance to provide specifications and details on the prefabricated awnings proposed on the north and west elevations; information such as a cut sheet, materials sample or photographs with details on the proposed awnings shall be provided; The applicant provided the requested details on sheets AD.1 through AD.4, date stamped April 26, 2018, and a response letter dated April 25, 2018 for your review. Other than the requested information provided by the applicant, there are no other changes proposed to the design of the house. If the Commission feels there is a need for more study, this item may be placed on an action calendar for a second review and/or public hearing with direction to the applicant. Sonal Aggarwal Contract Planner Attachments: Response letter submitted by the applicant, dated April 25, 2018 March 12, 2018 Planning Commission Meeting Minutes Proposed Elevations, date stamped April 26, 2018 BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 City of Burlingame Meeting Minutes Planning Commission 7:00 PM Council ChambersMonday, March 12, 2018 c.1402 Grove Avenue, zoned R-1 - Application for Design Review for a first and second story addition to an existing single -family dwelling. The project is categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per section 15301 (e)(1) of the CEQA Guidelines.(Jesse Geurse, Geurse Conceptual Designs, Inc ., applicant and designer; Lisa Ley, property owner) (73 noticed) Staff Contact: Sonal Aggarwal 1402 Grove Ave - Staff Report 1402 Grove Ave - Attachments 1402 Grove Ave - Plans - 3.12.18 Attachments: Commissioner Comaroto recused herself from the discussion of this item. She left the Council Chambers. All Commissioners had visited the property. There were no ex-parte communications to report. Senior Planner Keylon provided an overview of the staff report. Questions of Staff: There were no questions of staff. Chair Gum opened the public hearing. Jesse Geurse and Lisa Ley represented the applicant. Commission Questions/Comments: >Are the brackets for the awnings prefabricated? (Geurse: yes, are prefabricated.) Concerned that they may be flimsy and cheap looking. Public Comments: There were no public comments. Chair Gum closed the public hearing. Commission Discussion: >Likes the revisions and the project. Is supportable, but would like to have details of the awnings return as an FYI. Commissioner Loftis made a motion, seconded by Vice Chair Gaul, to approve the application with the additional condition that an FYI shall be submitted providing details of the awning. Chair Gum asked for a voice vote, and the motion carried by the following vote: Page 1City of Burlingame Printed on 5/2/2018 March 12, 2018Planning Commission Meeting Minutes Aye:Gum, Gum, Gaul, Gaul, Terrones, Sargent, Loftis, and Kelly8 - Recused:Comaroto1 - Page 2City of Burlingame Printed on 5/2/2018 CITY OF BURLINGAME Community Development Department M E M O R A N D U M DATE: May 2, 2018 Director's Report TO: Planning Commission Meeting Date: May 14, 2018 FROM: Sonal Aggarwal, Contract Planner SUBJECT: FYI – REVIEW OF PROPOSED CHANGES TO A PREVIOUSLY APPROVED DESIGN REVIEW, SPECIAL PERMIT, VARIANCE AND HILLSIDE CONSTRUCTION PERMIT AT 2683 SUMMIT DRIVE, ZONED R-1. Summary: An application for Design Review for the new second-story, Hillside Area Construction Permit, Special Permit for height, Variance for front setback of the second-story addition at 2683 Summit Drive, zoned R-1, was approved by the Planning Commission on February 12, 2018. (see attached meeting minutes, February 12, 2018) With this application, the applicant would like to propose the following changes:  Remove the fire chimney (sheet A2.3, A3.1. A3.2, A3.3 and A3.4)  Add new windows on the right-side elevation (sheet A2.2 and A3.4)  Add a new skylight in the stairwell (sheet A2.2)  Change the design of the garage door (sheet A3.1)  Reframe the roof structure over the family room Please refer to the attached letter from the applicant, dated May 2, 2018 for a detailed explanation of the changes proposed. He has also submitted plans showing the originally approved and proposed plans, date stamped April 30, 2018, to show the changes to the previously approved Design Review, Hillside Construction Permit, Special Permit and Variance project. Other than the changes detailed in the applicant’s letter and revised plans, there are no other changes proposed to the design of the house. A building permit application was submitted in April 2018 and has not yet been issued for the project. If the Commission feels there is a need for more study, this item may be placed on an action calendar for a second review and/or public hearing with direction to the applicant. Sonal Aggarwal Contract Planner Attachments: Explanation letter submitted by the applicant, dated May 2, 2018 February 12, 2018 Planning Commission Minutes Originally approved plans (before), date stamped February 2, 2018 Proposed plans (after), date stamped April 30, 2018 205 Park Road, Suite 203, Burlingame, CA 94010 ● vc: 650.579.5762 ● fx: 650.579.0115 ● admin@trgarch.com May 2, 2018 Planning Commission City of Burlingame 501 Primrose Road, Burlingame, CA 94010 Re: 2683 Summit Dr. Dear Commissioner, The project at 2683 Summit was recently approved. As we are assembling our construction documents, some revisions have surfaced that we’d like to get approved prior to construction starting.  During the meeting, the next door neighbor asked us to frost the windows at the stairs and suggested adding a skylight there…we actually liked that idea and include a skylight at the stairs in this FYI.  We have added some new windows on the North wall upstairs.  The existing fireplace has to be removed, and as such, the chimney is coming down. It is not a prominent exterior feature as it is in the middle of the house instead on at an exterior wall.  The garage door design has been refined.  Not really a design review issue, but after structural analysis, the existing roof structure over the family room is really substandard and will be reframed to meet energy and structural codes. We hope you will find these changes acceptable. Sincerely, Randy Grange AIA LEED AP BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 City of Burlingame Meeting Minutes Planning Commission 7:00 PM Council ChambersMonday, February 12, 2018 d.2683 Summit Drive, zoned R-1 - Application for Design Review, Hillside Area Construction Permit, Special Permit for building height and Front Setback Variance for a first and second story addition to an existing single family dwelling .The project is Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per Section 15303 (a) of the CEQA Guidelines. (Samaneh Nili, TRG Architecture + Interior Design, applicant and designer; Sunil and Katherine Koshie, property owner) (38 noticed) Staff Contact: Sonal Aggarwal 2683 Summit Dr - Staff Report 2683 Summit Dr - Attachments 2683 Summit Dr - Plans - 02.12.18 Attachments: Commissioner Kelly returned to the dais. All Commissioners had visited the property. Chair Gum spoke to the neighbors to the rear and to the left of the site. Commissioner Terrones noted that he met with the neighbor to the rear to gain access to view the story poles. Senior Planner Keylon provided an overview of the staff report. Questions of Staff: There were no questions of staff. Chair Gum opened the public hearing. Randy Grange represented the applicant. Commission Questions/Comments: There were no Commission questions/comments. Public Comments: Debra Cosco, 6 Hillview Court: don't really have an issue with the height, but want to know if they are looking at a wall of windows. Currently has total privacy. Has a view of the Bay Bridge. Chair Gum closed the public hearing. Commission Discussion: >Is a good looking project. Appreciates that the architect installed the story poles. Appreciates the neighbor bringing her concerns about privacy forward. Doesn't see that this addition will affect distant views. The windows at the rear fit into the design guidelines. The applicant's justification for the variance is supportable. The project is approvable. Page 1City of Burlingame Printed on 5/2/2018 February 12, 2018Planning Commission Meeting Minutes >Appreciates that the windows are obscured. The windows facing the neighbor do not appear to be in the line of site of the neighbor. >Is a good design solution for the property. Clarified that external lighting cannot fall off of the property. Commissioner Sargent made a motion, seconded by Commissioner Kelly, to approve the application. Chair Gum asked for a voice vote, and the motion carried by the following vote: Aye:Gum, Gum, Gaul, Gaul, Terrones, Sargent, Loftis, Kelly, and Comaroto9 - Page 2City of Burlingame Printed on 5/2/2018