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