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HomeMy WebLinkAboutReso - CC - 014-1997RECORDING REQUESTED AND RETURN TO: CITY CLERK CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME CA 94010 11111111111111111111 illii OFFICIAL RECORDS OF SAN MATEO COUNTY ASSESSOR -COUNTY CLERK -RECORDER WARREN SLOCUM Recorded at Request of CITY OF BURLINGAME 97-021398 Recording Fee: 02/26/97 10:33 PSPLRS SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY 0 RESOLUTION 14-97 APPROVING DEVELOPMENT ON MULTIPLE LOTS ZONED SINGLE FAMILY AT 2502, 2504, AND 2506 POPPY DRIVE BURLINGAME APN: 027-171-190, 027-171-200, 027-171-210 I hereby certify this to be a full, true and correct copy of the document it purports to be, the original of which is on file in myyo�f/fice. Dated: J rip ' .2-/1 19q7 Ci Clerk /. City of Burlsngame RESOLUTION 14-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING DEVELOPMENT ON MULTIPLE LOTS ZONES SINGLE FAMILY FOR A CONDITIONAL USE PERMIT, TWO SPECIAL PERMITS, TWO VARIANCES, AND CATEGORICAL EXEMPTION AT 2502, 2504, AND 2506 POPPY DRIVE WITH CONDITIONS TO BE RECORDED (PROPERTY OWNERS AND APPLICANTS: OTTO MILLER, VICTORIA MILLER, AND KURT STEIL. APN'S: 027-171-190, 027-171-200, 027-171-210) WHEREAS: A. This matter came before the Council for public hearing on February 3, 1997, following a denial without prejudice by the Council on January 6, 1997, and was regularly noticed in conformance with State and City law. B. The Council received testimony and documentary evidence from the applicant and property owners and all interested persons who wished to testify or submit documents. The Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings, the earlier documents submitted in connection with the January 6 hearing and decision, and the packet attached to the Staff Report dated January 27, 1997, concerning this application. C. At the January 6, 1997, meeting, the Council requested the applicants to consider redesigning the homes to have a single garage door aspect and a front entry more in keeping with the surrounding homes. D. The applicants have redesigned the homes generally as requested by the Council, and as explained by the applicants, this redesign requires two variances: first, to reduce the covered parking to a single space at each home, and second, to slightly exceed the floor area ratio to provide the entranceways. E. The requested variances are appropriate because the size of the lots involved in this application are somewhat smaller than others in the neighborhood, although subdivided at the same time, because of the street design; the granting of the variances will allow the new homes to generally maintain the design and size aspects found in surrounding homes, while having some variety in the style of each home. The proposed variances will result in a design that is more acceptable to the neighboring property owners. F. The Council has expressed concerns about the impact a single car garage may have on parldng in the neighborhood, but the neighbors have indicated that they prefer this variance to homes with larger garages on these properties. G. Approval of the special permits for the trees is appropriate because the applicants have agreed to replace the trees as specified in Exhibit A to this Resolution. H. The proposed development is consistent with the City General Plan, and the conditions specified in Exhibit A hereto appropriately limits the project to ensure that the homes will be similar in character to neighboring homes. I. The proposed use will not be detrimental to the public health, safety, or welfare in that the community will be safeguarded by the conditions attached to the application. J. The Initial Study conducted for this project in conjunction with the documentation and testimony submitted demonstrates that there is no substantial evidence that this project may have a significant effect on the environment, and the categorical exemption found in the State CEQA Guidelines § 15303(a) for up to 3 single-family residences in an urbanized area is appropriate. RESOLVED: 1. The application of Otto Miller, Victoria Miller, and Kurt Steil for a conditional use permit, two special permits, and two variances for development of 2502, 2504, and 2506 Poppy Drive and categorical exemption is approved, subject to the provisions of the Burlingame Municipal Code and the conditions specified in Exhibit A hereto. The plans referred to in Exhibit A are on file with the Planning Department of the City of Burlingame at 501 Primrose Road, Burlingame, California. 2. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. 3. This decision does not and shall not constitute any precedent for variances, conditional use permits, or special permits anywhere else in the City, and the City shall continue 2 to examine each such request on a specific site, design, and historic use basis under the Municipal Code and City policies. Pursuant to Municipal Code § 25.16.130, this approval will expire one year from the date that this resolution was adopted unless the use is commenced before expiration. Reasonable time extensions of the approval not exceeding one year may be granted upon application to and approval by the Planning Commission. This decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by state or federal law. 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 19thday of FEBRUARY 1997, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: HARRISON, JANNEY, KNIGHT, 0-MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE_ CITY CLERK 3 EXHIBIT "A" Conditions of approval categorical exemption, conditional use permit, two special permits and two variances 2502, 2504 and 2506 POPPY DRIVE effective FEBRUARY 19, 1997 1. that the project shall be built as shown on the plan submitted to the Planning Department and date stamped January 16, 1997 Sheets Al through A8 (noting that there are two sheets designated A6) and that the framing of the floor of the first and second stories and second story plate line and roof ridge shall be surveyed as each is built and the survey accepted by the City Engineer in each case prior to further framing in order to insure that as built each house shall comply with the maximum height limit of 30' as measured from top of curb as shown in the approved plans; 2. that the conditions of the Senior Landscape Inspector's October 23, 1996 memo and the requirements of the Mayne Tree Expert Company Arborist Report dated October 31, 1996 shall be met; and, if despite these precautions, any of the so conserved trees, trees designated as significant (liquid amber and two palms at 2504 Poppy), trees planted to replace protected trees and/or trees required for square footage of new construction, die during the period of construction or within one year of the completion of construction as determined by issuance of a certificate of occupancy, the applicant shall replace each lost tree with two 36" box trees of a species selected by the city's Senior Landscape Inspector, in addition the four 36" box replacement trees required for the two protected trees removed shall be distributed among the three lots with no fewer than one per lot and shall be placed in the front yards of each lot; 3. that additional information shall be provided as required by the Building and Engineering Departments including grading, structural and construction detail for the retaining walls and fences attached to them for each property; 4. that each of these dwellings with attached garages shall not exceed FAR .32 plus 901 SF for 2502 Poppy, FAR .32 plus 902 SF for 2504 Poppy and FAR .32 plus 901 SF for 2506 Poppy and shall be considered new construction so that this shall be the maximum FAR allowed on each site in the future without the granting of a further variance by the city. This would include any future conversion of any attic area to habitable area; 5. that the finished grade of each of the three sites shall show a minimum slope from front to back on each site of six (6) inches continuous from front to rear to insure all surface drainage goes to the street, and to insure that water does not pool any place on the site; Um EXHIBIT "A" Conditions of approval categorical exemption, conditional use permit, two special permits and two variances 2502, 2504 and 2506 POPPY DRIVE effective FEBRUARY 19, 1997 page -2- 6. that the cross slope shall be retained on each lot with a maximum differential of about 2 feet across each lot and the maximum fence height (retaining wall plus fence) on property line shall be 7'-6" from lowest adjacent elevation, and that each site shall accommodate and direct to the street the surface drainage from its lot; 7. that each of the dwelling units in the proposed project shall be designed with the architectural features shown on the plans A8 date stamped January 16, 1997, except that the maximum width of all driveway pavement shall be 12' 6", there shall be different paving in the front yard of each lot; one brick, one interlocking pavers and one bomanite (colored, stamped concrete), and any modifications in the future to the exterior elevations of these structures shall require an amendment to the conditional use permit granted based on the approved plans and applicant's letter from John Stewart dated January 21, 1997; and 8. that the development on each of the lots shall conform to all the requirements of the California Building and Fire Codes, 1995 Edition, as amended by the City of Burlingame.