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HomeMy WebLinkAboutReso - CC - 007-1997RESOLUTION NO. 7-97 RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DECISION APPROVING AN ANTENNA EXCEPTION AND APPROVING ANTENNA EXCEPTION AS DETERMINED BY PLANNING COMMISSION PROPERTY LOCATED AT 625 BURLINGAME AVENUE ZONE R-1 PROPERTY OWNERS AND APPELLANTS: RAMONA AND JORGE HERNANDEZ. APN 029-253-010 RESOLVED by the CITY COUNCIL of the CITY of BURLINGAME that: WHEREAS, this matter came before the City Council on January 6, 1997, on an appeal by the applicants and property owners from a Planning Commission decision approving the application with conditions and was regularly noticed in accordance with State and City law; and WHEREAS, the Council received and considered all written documentation and oral testimony submitted from all interested persons; and WHEREAS, where the antenna is currently located on a corner parcel at a height of twenty-five feet at the rear wall of the house is very visible and unattractive from the adjacent public right-of-way of Bloomfield Road and nearby properties; and WHEREAS, relocation at four possible locations in the rear yard at a height of 16'-8" screened by existing vegetation as approved by the Planning Commission would make the antenna significantly less visible from the public right-of-way and nearby properties; and WHEREAS, there is no substantial evidence that a significant environmental impact would occur from the relocation approval of the proposed project; and WHEREAS, the conditions imposed by the Commission and expenses that would be incurred in the relocation, such as building permit, wind load study, and tree trimming, are comparable to those that would have been required if permits for installing the current antenna had been duly obtained, and those costs as outlined by the 3 property owners and their retained expert do not exceed the costs of purchase and installation of the antenna; and WHEREAS, a wind load study is an important element of analysis because of the high winds that occur in the City from time to time and because of the proximity of the house, neighbors' property, and the public right-of-way, and should not be waived; and WHEREAS, the location approved by the Commission will provide reception by the antenna of all programming, particularly that sought by the property owners, NOW, THEREFORE, it is hereby ordered and directed as follows: 1. The appeal of the property owners and applicants from the decision of the Planning Commission on this application is denied. 2. The categorical exemption under CEQA Guidelines, Article 9, Section 15303 (new construction or conversion of small structures, class 3) is approved. 3. The antenna exception as determined by the Planning Commission is approved, and the antenna shall be relocated and installed pursuant to the conditions in Exhibit A hereto and at one of the locations identified as #1, #2, #3, or 14 as generally shown in Exhibit B hereto. 4. A certified copy of this resolution shall be recorded in the official records of the County of San Mateo. This decision is a final administrative decision of the City of Burlingame. Anyone wishing to challenge this decision in a court of competent jurisdiction must do so within 90 days pursuant to Code of Civil Procedure Section 1094.6 unless a shorter time is provided by State or Federal law or court order. Nothing contained in this decision should be construed as establishing a precedent of any kind, and each such application for an antenna exception shall be reviewed on a specific site basis pursuant to the Municipal Code. +PI The approval granted by this permit must be used within one year of the approval by the Council or it may be subject to lapsing as provided in the Municipal Code. Mayor I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 22nd day of January , 1997, and adopted thereafter by the following vote: AYES: COUNCILMEMBER: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: 3 Deputy City Clerk 4. 5. EXHIBIT A CONDITIONS OF APPROVAL ON ANTENNA EXCEPTION FOR 625 BURLINGAME AVENUE The 9.5 foot diameter satellite dish antenna shall be pole - mounted in the rear yard 4.5 feet from the rear of the house at a maximum height to the top of the dish from adjacent grade of 16'-6" at one of the 4 locations identified as #1, #2, #3, or #4 as shown on the Hammett and Edison, Inc. diagram titled "Existing and Potential Locations of Satellite TVRO Antenna." The satellite dish antenna, mountings, pole, and foundation shall be removed from the property prior to concluding any future sale or transfer of the property. The conditions of the Chief Building Inspector's November 12, 1996, memo (details shall be provided on the attachment of the antenna to accommodate approximately 1200 pounds of wind load) shall be met along with submittal for a building permit and appropriate inspections for installation by the Building Department of the City of Burlingame. It shall be the responsibility of the property owner to maintain the non -reflective surface of the dish antenna and its pole and mountings. The project shall meet all the requirements of the California Building and Fire code, 1995, Edition, as amended by the City of Burlingame. A-1 City of Burlingame • Burlingame, California Existing and Potential Locations of Satellite TYRO Antenna BURLINGAME AVENUE Approximate scale I" = 25' HAMMETI' & EDISON, INC. CONSULTING ENGINEERS sw FRANCISCO i : Location Antenna 9602xx Figure 2