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RESOLUTION NO. 071-2024
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME MEMORIALIZING THE
CITY COUNCIL’S ACTION OF MAY 6, 20204, DENYING THE APPEAL OF JONATHAN
FREEDMAN, STEVE AND ROSEMARY MACCLEOD, AND JAY VEITCH, AND UPHOLDING THE
PLANNING COMMISSION’S MARCH 25, 2024, APPROVAL OF THE APPLICATION FOR DESIGN
REVIEW AND FENCE VARIANCE FOR A NEW, TWO-STORY SINGLE-UNIT DWELLING AND
ATTACHED GARAGE ON A LOT THAT CONTAINS AN EXISTING SINGLE-UNIT DWELLING (TO
REMAIN) AT 900 PALOMA AVENUE
WHEREAS, on May 18, 2023, Tim Raduenz of Form One Design (applicant and designer) and
900 Paloma, LLC (property owner), filed an application for Design Review and Fence Variance for a
new, two-story single-unit dwelling and attached garage on a lot that contains an existing single-unit
dwelling (to remain) at 900 Paloma Avenue (project); and
WHEREAS, the Planning Commission considered the request at a public hearing held on
August 28, 2023, and approved the project at a public hearing held on March 25, 2024; and
WHEREAS, Jonathan Freedman, Steve and Rosemary MacCleod, and Jay Veitch filed a timely
appeal of the Planning Commission’s March 25, 2024 approval of the project; and
WHEREAS, the City Council conducted a public hearing to review and consider the application
at its regular meeting of May 6, 2024 and, following conclusion of the public hearing, on a 5-0 vote,
denied the appeal filed by Jonathan Freedman, Steve and Rosemary MacCleod, and Jay Veitch, and
upheld the Planning Commission’s March 25, 2024 approval of the project with an amendment to the
conditions of approval to specify that the findings of the required hydrology report prepared for the
project shall be presented to the Planning Commission prior to issuance of a building permit; and
WHEREAS, at the May 6, 2024, public hearing, the City Council directed staff to prepare a
resolution memorializing the determination to deny the appeal and uphold the Planning Commission’s
approval of the application.
NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT:
Section 1. The City Council memorializes its action on May 6, 2024, to uphold the Planning
Commission’s March 25, 2024 decision on an application for Design Review and Fence Variance for a
new, two-story single-unit dwelling and attached garage on a lot that contains an existing single-unit
dwelling (to remain) at 900 Paloma Avenue, based upon the following findings:
1. The proposed new single-unit dwelling is consistent with the General Plan designation of
Medium Density Residential and is in compliance with all applicable provisions of Title 25; the
proposed dwelling is consistent with the design guidelines; that the mass and bulk of the
proposed structure is in scale with the lot and in relation to neighboring properties, and that
architectural details, such as the vinyl clad wood doors and windows, stucco and 6-inch cedar
siding, hip roofs, and site landscaping are compatible with the character of the neighborhood.
2. The project will be constructed on a parcel that is adequate in shape, size, topography, and
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RESOLUTION NO. 071-2024
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other circumstances to accommodate the proposed development as shown on the proposed
plans.
3. The project is designed and arranged to provide adequate consideration to ensure the public
health, safety, and general welfare, and to prevent adverse effects on neighboring property
because the project complies with setback, lot coverage, building height, and declining height
envelope requirements.
Section 2. The City Council memorializes its action taken on May 6, 2024, to deny the appeal filed by
Jonathan Freedman, Steve and Rosemary MacCleod, and Jay Veitch, and upholds the Planning
Commission’s March 25, 2024 approval of the application, for the project at 900 Paloma Avenue, subject
to the following conditions:
1. that the project shall be built as shown on the plans submitted to the Planning Division date
stamped March 5, 2024, sheets T1.0 through A1.0, A1.1 through A9.0, ADU1 through ADU4, L-
1 through L-3, and C-0 through C-4;
2. that the findings of the hydrology report prepared for the project shall be presented to the
Planning Commission prior to issuance of a building permit, but that no action shall be taken by
the Planning Commission on the presentation of said report;
3. that the property owner shall be responsible for implementing and maintaining all tree protection
measures as defined in the arborist report prepared by Kielty Arborist Services, dated
September 26, 2023; required tree protection zones (fencing) shall be installed prior to any
demolition or construction;
4. 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);
5. 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;
6. 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;
7. that demolition for 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;
8. 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
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is required; the conditions of approval shall not be modified or changed without th e approval of
the Planning Commission, or City Council on appeal;
9. 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;
10. 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;
11. that the project shall meet all the requirements of the California Building and Uniform Fire Codes,
in effect at time of building permit submittal, 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:
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 foundation inspection, a licensed surveyor shall locate the property
corners, set the building footprint and certify the first-floor elevation of the new structure(s) based
on the elevation at the top of the form boards per the approved plans; this survey shall be
accepted by the City Engineer;
14. 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;
15. 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
16. that prior to final inspection, Planning Division staff will inspect and note compliance of the
architectural details (trim materials, window type, etc.) to verify that the project has been built
according to the approved Planning and Building plans.
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______________________________________
Donna Colson, Mayor
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing resolution
was adopted at a regular meeting of the City Council held on the 20th day of May, 2024, by the following
vote:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, PAPPAJOHN, STEVENSON
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
______________________________________
Meaghan Hassel-Shearer, City Clerk
DocuSign Envelope ID: 146C1833-330E-4500-8195-ED92ADE0268A