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HomeMy WebLinkAbout01.28.08 PC Minutes - APPROVEDCITY OF BURLINGAME PLANNING COMMISSION APPROVED MINUTES City Council Chambers 501 Primrose Road - Burlingame, California January 28, 2008 - 7:00 p.m. I. CALL TO ORDER Chair Cauchi called the January 28, 2008, regular meeting of the Planning Commission to order at 7:00 p.m. II. ROLL CALL Present: Commissioners Auran, Brownrigg, Cauchi, Osterling and Terrones Absent: Commissioner Vistica Staff Present: Community Development Director, William Meeker; Planner, Ruben Hurin; and City Attorney, Larry Anderson III. MINUTES Commissioner Osterling moved, seconded by Commissioner Auran to approve the minutes of the January 14, 2008 regular meeting of the Planning Commission, with the following change: Page 2, final bullet under Item 2; change "handicapped" to "disabled". Motion passed 5-0-1 (Commissioner Vistica absent). IV. APPROVAL OF AGENDA It was noted that Agenda Item 9, involving the property at 1008 Balboa Avenue, has been withdrawn by the applicant. V. FROM THE FLOOR Pat Giorni, 1445 Balboa Avenue; commented that projects being approved still contain too much impervious surface. Even when sand is used as the base for patio and driveway areas, the water still sheet flows off of the property. Projects have too much lot coverage due to long driveways that aren't used. She also noted that it was interesting that the applicant for the project at 3066 Hillside Drive is still requesting clarifications to the plans, even after multiple hearings before the Planning Commission. She further expressed her hope that the FYI for 1535 Los Montes Drive is scheduled for the Commission's Action Calendar in the future; and that the Study Item for 34 Clarendon Road is also scheduled for an upcoming Action Calendar. Commissioner Brownrigg requested that staff prepare a brief memorandum outlining why all water from lots is pumped to streets. He also noted an article in the San Mateo Daily Journal regarding public noticing in the City of San Mateo; citing that Burlingame's new site posting procedures could eliminate some of the problems that San Mateo is encountering. VI. STUDY ITEMS CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes January 28, 2008 1. 34 CLARENDON ROAD, ZONED R-1 — APPLICATION FOR FRONT SETBACK AND RIGHT SIDE SETBACK VARIANCES FOR A FIRST FLOOR ADDITION TO A SINGLE FAMILY DWELLING (MR. G. RODRIGUEZ, APPLICANT AND PROPERTY OWNER; AND JOE PELA, DESIGNER) PROJECT PLANNER: ERICA STROHMEIER Planner Hurin presented a summary of the staff report, dated January 28, 2008. Commission comments: ■ See no justification for a Variance; need to show a "hardship" for the Variance. ■ Letter from the City doesn't have "teeth" in it; the August 22, 2007 letter should have included "cease and desist" language, not just a request to obtain permits from the City. ■ Could possibly support the Front Setback Variance if a nicely designed front -porch is included. ■ Who was the contractor that did the work? This item was set for the regular Action Calendar when all the information has been submitted and reviewed by the Planning Department. This item concluded at 7:13 p.m. VII. ACTION ITEMS Consent Calendar - Items on the Consent Calendar are considered to be routine. They are acted upon 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. Chair Cauchi asked if anyone in the audience or on the Commission wished to call any item off the consent calendar. There were no requests. 2a. 1730 ROLLINS ROAD, ZONED RR - APPLICATION FOR A ONE-YEAR EXTENSION OF AN APPROVED CONDITIONAL USE PERMIT FOR AUTO STORAGE FOR A TOWING BUSINESS AND AN AUTOMOBILE DEALER IN A DRAINAGE EASEMENT (MARC ROCHETTE, D & M TOWING, APPLICANT; FITNESS PROPERTIES LLC, PROPERTY OWNER) PROJECT PLANNER: MAUREEN BROOKS 2b. 1641 LASSEN WAY, ZONED R-1 — APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORYADDITION TO AN EXISTING SINGLE FAMILY DWELLING (ROB AND ESTHER HAPP, APPLICANT; OLGA HAPP, PROPERTY OWNER; AND UNA KINSELLA, ARCHITECT) PROJECT PLANNER: LISA WHITMAN Commissioner Brownrigg moved approval of the Consent Calendar based on the facts in the staff reports, Commissioner's comments and the findings in the staff reports, with recommended conditions in the staff reports and by resolution. The motion was seconded by Commissioner Terrones. Chair Cauchi called for a voice vote on the motion and it passed 5-0-1 (Commissioner Vistica absent). VIII. REGULAR ACTION ITEMS Commissioner Osterling recused himself from participating in the discussion regarding Item 3, since he resides within 500-feet of the subject property — he left the dais. 3. 1320 CASTILLO DRIVE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW FOR A NEW, TWO STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE (JAMES CHU, CHU DESIGN & ENGR., 2 CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes January 28, 2008 INC., APPLICANT AND DESIGNER; TONY LEUNG, PROPERTY OWNER) PROJECT PLANNER: RUBEN HURIN (CONTINUED FROM JANUARY 14, 2008 PLANNING COMMISSION MEETING) Reference staff report dated January 28, 2008, with attachments. Planner Hurin presented the report, reviewed criteria and staff comments. Fifteen (15) conditions were suggested for consideration. Chair Cauchi opened the public hearing. James Chu, 55 West 43rd Avenue, San Mateo; represented the applicant. Only issue remaining is the second -floor balcony; have approached neighbors, they are "ok" with it. Commission comments: Moving back second -floor balcony to be even with nook below would be an improvement and would protect the privacy of the neighbors. Cantilevered balcony provides weather protection below, as well as assisting with drainage. Location of balcony off of master bedroom reduces usage. Public comments: Pat Giorni, 1445 Balboa Avenue; noted that the architect had not prepared a response letter to the Commissioners' prior questions and comments. Asked if a sump pump shown on the plans, or should it be a condition of approval to have it installed. With the footprint of the house, the driveways and other paved areas, a significant amount of additional impervious surface is being created; the Commission should look at lot coverage restrictions. The second -story balcony is a problem; it is a very usable balcony, could become a problem later. This is yet another one bathroom to one bedroom situation; should not be encouraged. Additional Commission comments: From an environmental and aesthetic point of view; having so much impervious surface on a lot is a problem; applicants should not design projects assuming the 40% maximum lot coverage is the optimal condition. There were no further comments and the public hearing was closed. Commissioner Auran moved to approve the application, by resolution, with the following amended conditions: that the project shall be built as shown on the plans submitted to the Planning Department date stamped November 30, 2007, sheets A.1 through A.6, L1.0 and Boundary and Topographic Survey, and that any changes to building materials, exterior finishes, footprint or floor area of the building shall require an amendment to this permit; 2. that the rear patio, between the deck and lawn, shall consist of concrete unit pavers with a sand/rock base; 3. that an automatic driveway gate shall be installed between the front of the house and the side patio; the automatic driveway gate shall be shown on the plans prior to issuance of a building permit; 4. that the conditions of the City Arborist's October 31, 2007 memo, the Chief Building Official's 3 CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes January 28, 2008 September 24, 2007 memo, the City Engineer's October 9, 2007 memo, the Fire Marshal's October 7, 2007 memo, and the NPDES Coordinator's September 27, 2007 memo shall be met; 5. 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; 6. 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), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to Planning Commission review; 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 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 during demolition of the existing residence, site preparation and construction of the new residence, the applicant shall use all applicable "best management practices" as identified in Burlingame's Storm Water Ordinance, to prevent erosion and off -site sedimentation of storm water runoff; 11. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2007 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 12. 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; 13. 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; 51 CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes January 28, 2008 14. 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 Department; and 15. that prior to final inspection, Planning Department 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. The motion was seconded by Commissioner Brownrigg. Discussion of motion: Commissioner Brownrigg noted that he is not overly concerned about the balcony, but is concerned about the amount of hardscape in the design. Because of the lot slope, will feel like a very large house from the rear. Generally thinks it is well designed. Concerned about small amount of plantings on the site. Not an ideal archetype for the future. Commissioner Terrones indicated that he would support the motion, but with a certain amount of trepidation. The four bedroom, four -and -a -half bath house maximizes the FAR and square footage and is designed without encouraging interface with the neighborhood. Chair Cauchi noted that he would support the motion. He has no issue with the second -floor balcony and bathrooms. He is concerned with the amount of hardscape included in the design. Chair Cauchi called fora voice vote on the motion to approve. The motion passed 4-0-1-1 (Commissioner Osterling recused, Commissioner Vistica absent). Appeal procedures were advised. This item concluded at 7:34 p.m. Commissioner Osterling returned to the dais. Chair Cauchi recused himself from participating in the discussion regarding Item 4, since he resides within 500-feet of the subject property — he left the dais. 4. 612 CONCORD WAY, ZONED R-1 —APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR DECLINING HEIGHT ENVELOPE FOR A FIRST AND SECOND STORY ADDITION (BAHMAN AVAL, APPLICANT AND DESIGNER; JOHN AND PATRICIA EATON, PROPERTY OWNERS) PROJECT PLANNER: LISA WHITMAN Reference staff report dated January 28, 2008, with attachments. Planner Hurin presented the report, reviewed criteria and staff comments. Eleven (11) conditions were suggested for consideration. Vice -Chair Terrones opened the public hearing. Bahman Aval, 159 16t" Avenue, San Mateo; and Darood Rashidi, contractor, Burlingame represented the applicant. Want to keep the same look that they have throughout the house with respect to the windows; no grids, vinyl windows. Showed an example of Milgard vinyl windows to be installed. Commission comments: Noted that the majority of the homes in the area have wood windows. Vinyl windows tend to yellow over time. 5 CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes January 28, 2008 ■ Vinyl windows are not paintable. ■ Requested clarification regarding the roofing material on the top of the bay window. ■ Asked if the shutters on the home will be retained/replaced. ■ Continued to request clarification regarding the misaligned roof ridges; still does not appear to work as proposed; ■ Need to review plans to ensure that full finishing details are reflected accurately; e.g. how is the transition from the roof on the bay window handled, will there be some type of fascia treatment. ■ Clarify how downspouts are handled on the existing and proposed building elevations. ■ The plans continue to be incomplete and include inconsistencies. ■ Clearly indicate on the plans which windows are to remain and which are to be replaced. ■ Clarify the relationship between the French doors on the left elevation and the deck on the rear. ■ Provide more detail on the landscape plan, including type and size of materials. Include taller materials. There is room for added plantings in the front. Public comments: None. There were no further comments and the public hearing was closed. Additional Commission comments: Commissioner Brownrigg indicated that the project is a modest addition; however, discrepancies in the plan are disconcerting. Motion by Commissioner Brownrigg to continue the item with direction to the applicant to clarify the plans as requested by the Commission. The motion was seconded by Commissioner Osterling Discussion of the motion: Commissioner Brownrigg indicated that he feels bay window should be wood, but he is ok with rear windows being vinyl. Commission Auran indicated that he would like to approve the project, but there are many issues to be resolved. Attic vent detail also not shown on the plans. A copper roof on the bay may look good. Commission Terrones noted that the Commission is not picking out drawing errors for the sake of finding errors; it is trying to eliminate problems during construction due to misinterpretation of the plans. Perhaps do some 3D imaging to show how the roof at the off -set ridgelines would be resolved. All existing details need to be shown on the building elevations. Vice -Chair Terrones called for a voice vote on the motion to continue the item. The motion passed 4-0-1-1 (Chair Cauchi recused, Commissioner Vistica absent). This item concluded at 8:08 p.m. Chair Cauchi returned to the dais. 5. 1212 CABRILLO AVENUE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW, FRONT SETBACK VARIANCE TO SECOND FLOOR AND SPECIAL PERMIT FOR HEIGHT FOR A FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING (MARK ROBERTSON, APPLICANT AND DESIGNER; AND DAVE AND WENDY UPCHURCH, PROPERTY OWNERS) PROJECT PLANNER: RUBEN HURIN 0 CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes January 28, 2008 Reference staff report dated January 28, 2008, with attachments. Planner Hurin presented the report, reviewed criteria and staff comments. Twelve (12) conditions were suggested for consideration. Chair Cauchi opened the public hearing. Mark Robertson, 918 East Grant Place, San Mateo and Dave Upchurch, 1212 Cabrillo Avenue; represented the applicant. Owners didn't like the idea of the shed roof detail on the front; have developed a compromise for consideration (have lowered the top plate of the front gable). Response to anonymous neighbor letter; design predicated by existing footprint; still a small house and behind the setback of the home next door. Commission comments: ■ Like the design. ■ A Special Permit is allowed for architectural purposes; approval is warranted in this instance. ■ Garage has a shed roof facing the side -walk; consider putting a small gable on roof of garage to make a visual connection to the house. ■ An arbor within close proximity to roof invites animals, may wish to lower the height. Public comments: None. There were no further comments and the public hearing was closed. Commissioner Auran moved to approve the application, by resolution, with the following amended conditions: that the project shall be built as shown on the plans submitted to the Planning Department date stamped January 16, 2008, sheets 1 through 7, and that any changes to building materials, exterior finishes, footprint or floor area of the building shall require an amendment to this permit; 2. that the new front door shall be of the design as shown on the Street Elevation, sheet 6, date stamped January 16, 2008; 3. that the conditions of the Chief Building Official's, City Engineer's, Fire Marshal's and NPDES Coordinator's November 5, 2007 memos shall be met; 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 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), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to Planning Commission review; 6. 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 7 CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes January 28, 2008 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; 7. 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; 8. 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; 9. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2007 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 10. 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; 11. 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 Department; and 12. that prior to final inspection, Planning Department 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. The motion was seconded by Commissioner Osterling. Discussion of motion: Justification for the setback Variance is that only a small plan encroaches into the setback and that the feature has architectural value. Egress requirements also necessitate that the dormer be of a certain size to allow installation of an egress window. Chair Cauchi called for a voice vote on the motion to approve. The motion passed 5-0-1 (Commissioner Vistica absent). Appeal procedures were advised. This item concluded at 8:20 p.m. 6. 1108 BURLINGAME AVENUE, ZONED C-1, SUBAREA A — APPLICATION FOR AMENDMENT TO CONDITIONAL USE PERMIT FOR A FOOD ESTABLISHMENT TO AMEND THE HOURS OF OPERATION (YAYA CUISINE, INC., APPLICANT; AND THE ZEKA GROUP, INC., PROPERTY OWNER) PROJECT PLANNER: ERICA STROHMEIER 0 CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes January 28, 2008 Reference staff report dated January 28, 2008, with attachments. Community Development Director Meeker presented the report, reviewed criteria and staff comments. Twenty-six (26) conditions were suggested for consideration. It was noted that the City has received no complaints regarding the business' current operating hours. Chair Cauchi opened the public hearing. The applicant was not present. Commission comments: None. Public comments: None. There were no further comments and the public hearing was closed. Commissioner Brownrigg moved to approve the application, by resolution, with the following amended conditions: This shall be a full service food establishment, with no more than 3620 SF (1200 SF indoor and 1685 SF outdoor patio at 1108 Burlingame Avenue, and no more than 735 SF in door seating area at 303-305 California Drive) as shown in the plan sheets AO, EC2, and Al date stamped July 5, 2000 and sheet EX1 date stamped October 4, 2000. It may change the food establishment classification for the entire site only to a limited food service or bar upon approval of an amendment to the conditional use permit for the establishment. The incorporation of the tenant space at 303/305 California Drive shall not be used in the future as the basis for increasing the number of food establishments in Sub -Area A of the Burlingame Avenue commercial area; 2. No portion of the 3620 SF seating area as shown in each of the three areas (1200 SF at 1108 Burlingame Avenue, 735 SF at 303-305 California Drive, and 1685 SF in the outdoor patio area) defined on the plans in Condition Number 1 shall be enlarged or changed in use without an amendment to this conditional use permit, and no food and/or drink shall be prepared in the outdoor patio area, except drinks only may be prepared at a single, small portable bar in the outdoor area; 3. The 1960 SF of space located at 303-305 California Drive shall be used only for additional seating area (735 SF) for the food establishment at 1108 Burlingame Avenue, restrooms, an employee changing room, dry food storage, and equipment, table and chair storage; no food except for drinks shall be prepared in this area and no more than 735 SF of this area shall be used for seating. Neither this space nor any portion of it shall not be converted to a separate food establishment independent in any way of the food establishment at 1108 Burlingame Avenue; and 1108 Burlingame Avenue/303-305 California Drive (outdoor and indoor areas) shall be leased or subleased only as one single unit or premises, and not in any portion or combination of portions; 4. The only facilities for food preparation at 303-305 California Drive shall be an.8.5 foot by 14.5 foot, permanently installed, full service bar with a 6 foot by 7 foot refrigerated storage area accessible from inside the bar, staffed by no more than one employee inside the bar area which shall have no more than one, single -rack glass washing machine and no seating, and should this bar area ever be used or desired for use to prepare any food beside drinks commonly associated with bar service or shall any of the above limitations be exceeded, the entire conditional use permit shall be 9 CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes January 28, 2008 reviewed by the Planning Commission; 5. The food establishment at 1108 Burlingame Avenue/303-305 California Drive may be open 7 days a week from 11:00 a.m. to 2:00 a.m., and live music and dancing may be provided in all indoor areas in accordance with the City Council approved amusement permit. Failure to abide by the amusement permit shall result in review by the Planning Commission of the conditional use permit for the entire site; 6. The requirements of the City Engineer's June 5, 2000, and the Chief Building Official's June 8, 2000, memos shall be met, and the occupancy loads as defined in the Fire Marshal's September 6, 2000, memo shall be posted and enforced by the management for each area of the establishment at all times. These occupancies are: 110 patrons in the main restaurant space (Burlingame Avenue), 140 patrons in the exterior, outdoor patio area, and 110 patrons in the interior banquet area (California Drive); in addition there shall be allowed 23 employees on the entire business site at anyone time; 7. Because of fire occupancy enforcement concerns for each of the three areas of the business, the patio area of the food establishment shall be closed to customers during inclement weather; during these times, the maximum occupancy of the food establishment shall be reduced by 140 to a maximum of 220 patrons at one time. Exceeding the maximum of 360 patrons during fair weather or 220 patrons during inclement weather shall cause this conditional use permit to be called up for review for revocation by the Planning Commission; 8. An amendment to this conditional use permit shall be required for delivery of any prepared food from this premise; 9. There shall be no food sales allowed at this location from a window or from any opening within 10, of a property line; 10. If the area used as full service food establishment as defined by this conditional use permit, or any portion of this area including the patio area and 303-305 California Drive is changed from any food establishment use to retail sales or any other use, a food establishment shall not be replaced in the area where the use has changed, and this conditional use permit shall become void; 11. Loudspeakers for the business shall be directed toward the interior of the business, shall not violate Section 10.40.020 of the Burlingame Municipal Code regarding loudspeakers; the entertainment allowed by the amusement permit granted on August 16, 1999, shall not be audible outside the premises, including the 303-305 California site; before any food establishment use is extended to the seating area at 303-305 California Drive, the operator shall have an approved Amusement Permit from the City Council which reflects accurately the entertainment type and hours to be offered in each of the three segment areas of this food establishment; and failure to adhere to the Amusement Permit and its conditions or failure to comply with the City's noise requirements as stated in the General Plan and Municipal Code including noise evaluation reports shall result in this conditional use permit being called up for review for revocation by the Planning Commission; 12. Before opening each indoor and outdoor area for business, the establishment shall measure the current 24-hour ambient noise levels (L10) at the exterior of the property along Burlingame Avenue and California Drive and at the rear of the patio area using a methodology approved by the City Planner; and these base line numbers shall be submitted to the Planning Department before a final inspection is scheduled by the Building Department on any improvements at the 303-305 California Drive site; 10 CITY OF BURLINGAME PLANNING COMMISSION - Approved Minutes January 28, 2008 13. Within two months of opening both indoor areas for entertainment use and upon request by the City, the establishment shall conduct noise measurements to determine whether the noise from the establishment when live and/or amplified music is present is exceeding the 5 dBA standard for increases in noise over the existing ambient at property line from the baseline established before the entertainment activity began as provided in the Burlingame General Plan, and the business operator shall report the measurements to the City Planning Department before each area can be used for live entertainment, amplified music and/or dancing purposes; the establishment shall ensure that the 5 dBA increase over ambient, at the same time of day, at property line standard is not exceeded; should the noise levels be exceeded this conditional use permit and amusement permit shall be reviewed by the Planning Commission and City Council respectively to see the applicant enacts approved corrective measures or the Commission shall consider revocation of this permit; 14. The fire lane in the driveway at the rear of the site accessed from California Drive shall be maintained clear of storage and/or parked vehicles as required by the Fire Department; 15. There shall be only one food establishment on this site with a maximum of 4368 GSF inside the building at 1108 Burlingame Avenue (3230 SF on the ground floor + a maximum of 1138 SF only for storage or employee changing rooms at basement level) with 1200 SF of seating area, 1685 SF used for seating in the outdoor patio area, and 1960 GSF inside the building at 303-305 California Drive with 735 SF of seating area, and any change to the use of any one of these area's shall void this conditional use permit and require a revision for the food establishment conditional use permit for all the areas; 16. The area occupied by this food establishment as described in condition number 15 area shall not be divided into areas operated by more than one business and shall not be expanded in square footage without securing a conditional use permit from the City of Burlingame; 17. Within 30 days of commencing operation the business shall install in front of the premise on both the Burlingame Avenue and California Drive street frontages, at locations approved by the City Engineer, at least two trash receptacles of the type recommended by the Burlingame Avenue Streetscape Study; 18. The trash receptacles installed inside and on the street outside the place of business shall be maintained and emptied regularly and a trash area large enough to accommodate the daily accumulation of trash shall be provided on site and regularly maintained; 19. Each of the seating/customer service areas (as defined on Sheet EX1, September 1, 2000) at 303- 305 California Drive, 1108 Burlingame Avenue and the patio shall be clearly posted, at locations approved by the Fire Marshal, with signs indicating the maximum number of occupants (customers) as follows: 1108 Burlingame Avenue, 110; patio area, 140, and 303/305 California Drive, 110; 20. A minimum of three metal ash cans shall be provided for the removal and storage of ashes from the wood fired cooking appliances; these cans shall be rotated over a three-day period and shall be stored in a secured location outside of the structures as approved by the Fire Marshal; the placement of these ash cans shall be separated from the exit path access; 21. No wiring, strings, lighting or other adhesive shall be attached to fire sprinkling piping to hang seasonal decorations or for any other purpose; 11 CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes January 28, 2008 22. In addition to their regular garbage service pickup, the business shall arrange for and shall pay for a regular garbage pick up on Sunday commencing from the day they begin operations at this site; this Sunday pick-up shall include the trash receptacles on the street in front of the business if requested by the City; 23. The business shall have an employee regularly patrol for litter at least twice a day the front of this business site on Burlingame Avenue and California Drive and the public sidewalk and gutter within fifty (50) feet of the entrance in the direction away from the area used for customer queue and one hundred (100) feet in the direction in which the customer queue forms (at least one of these litter patrol times shall be in the evening after customers are no longer queuing on the sidewalk), and litter patrol shall occur more frequently if determined to be necessary by the City Engineer; 24. The business shall regularly steam clean the sidewalk, curb and gutter in front of their premise on both the Burlingame Avenue and California Drive frontages and, if the level of cleanliness becomes a problem to the City, the business shall clean the sidewalk on a more frequent schedule as required by the City Engineer; 25. All deliveries to this site shall be made from the driveway at the rear of the site accessed from California Drive and shall be made between 7:30 a.m. and 10:30 p.m., and no delivery vehicles shall be stored in or parked overnight in this driveway area; and 26. The project shall meet all the requirements of the California Building and Fire Codes, 1998 edition, as amended by the City of Burlingame. The motion was seconded by Commissioner Terrones. Chair Cauchi called for a voice vote on the motion to approve. The motion passed 5-0-1 (Commissioner Vistica absent). Appeal procedures were advised. This item concluded at 8:24 p.m. IX. DESIGN REVIEW STUDY ITEMS 7. 3202 HILLSIDE DRIVE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW AND HILLSIDE AREA CONSTRUCTION PERMIT FOR A MAIN AND LOWER LEVEL ADDITION TO A SINGLE FAMILY DWELLING (FARIBA MOKHHTARI KARCHGANI, APPLICANT AND PROPERTY OWNER; AND NGHI THANH LE, DESIGNER) (40 NOTICED) PROJECT PLANNER: LISA WHITMAN Reference staff report dated January 28, 2008, with attachments. Community Development Director Meeker briefly presented the project description. There were no questions of staff. Chair Cauchi opened the public comment period. The applicant was not present. Commission comments: None. Public comments: None. 12 CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes January 28, 2008 There were no other comments from the floor and the public hearing was closed. Motion by Commissioner Brownrigg to refer the project to a design reviewer. The motion was seconded by Commissioner Terrones. Discussion of Motion: ■ If this is a speculative house, they are providing a home with 5 bedrooms and 6 baths on a speculative basis; it is problematic if it is a speculative house designed to maximize curb appeal and also maximum FAR. ■ Design is also lacking; the front entry is a cheap piece being added with foam trim and simple stucco finishes. ■ Vinyl windows are a concern; generally not accepted. ■ A large hall area is being used as a family room that will actually only serve as circulation; causes home to be larger than needed. ■ No door into bedroom two. ■ Note on floor plan for lower level indicates that "contractor" is to verify maximum height of lower level; this needs to be done by the applicant and shall be reflected on the plans presented to the Commission. ■ Prepare a survey of the property showing existing conditions; indicate what is being removed and what is remaining. ■ The materials need to be reviewed in light of Burlingame's design guidelines. ■ Garage doors are of an unacceptable design. ■ The Community Development Director and/or Design Reviewer shall determine if story poles are necessary. Chair Cauchi called for a vote on the motion to refer the project to a design reviewer. The motion passed 5- 0-1 (Commissioner Vistica absent). This item concluded at 8:33 p.m. 8. 1121 CORTEZ AVENUE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW AND VARIANCES FOR LOT COVERAGE AND FLOOR AREA RATIO FOR A FIRST AND SECOND STORY ADDITION (RANDY GRANGE, TRG ARCHITECTS, APPLICANT AND ARCHITECT, AND GLENN AND KIM BENTLEY, PROPERTY OWNERS) (71 NOTICED) PROJECT PLANNER: ERICA STROHMEIER Reference staff report dated January 28, 2008, with attachments. Community Development Director Meeker briefly presented the project description. There were no questions of staff. Chair Cauchi opened the public comment period. Commission comments: Noted that the area of the steps for the sunroom and portions of other areas are included in removed square footage, but are not identified in the staff report. The existing attached garage is only classified as a one -car garage, but it is oversized; contributes to the excess lot coverage and FAR. Randy Grange, 205 Park Road; represented the applicant. The bulk of project is at the rear of the site. 13 CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes January 28, 2008 A number of permitted additions have been added at rear; the applicants wish to clean up the design and make the home appear cohesive at the front and more functional. Burlingame didn't have maximum FAR until 1995. Commission comments: ■ There is a compelling argument in support of the Variances. ■ Clarified that windows will be simulated true divided light at a minimum. ■ Clarified that the railing on the deck off of the game room will be wrought iron ■ Window casings and trim will match existing. Public comments: Pat Giorni, 1445 Balboa Avenue; noted that this is a good case for a Variance. The house was built to the maximum under old standards. The owners wish to make the home more livable for themselves. Meets hardship for granting Variances. There were no other comments from the floor and the public hearing was closed. Additional Commission comments: Asked if the neighbors have reviewed the plans; and noted that existing vegetation on neighbor's property creates an effective shield in any event. Commended the architect and applicant for cleaning up the design of the residence. Noted that there is justification for the Variances. Commissioner Auran made a motion to place the item on the Consent Calendar when complete. This motion was seconded by Commissioner Brownrigg. Discussion of motion: City Attorney Anderson suggested adding a condition that the Variances will be null and void if the property is demolished in the future. Chair Cauchi called for a vote on the motion to place this item on the Consent Calendar when plans have been revised as directed. The motion passed on a voice vote 5-0-1 (Commissioner Vistica absent). The Planning Commission's action is advisory and not appealable. This item concluded at 8:46 p.m. 9. 1008 BALBOA AVENUE, ZONED R-1 —APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMITS FOR HEIGHT AND DECLINING HEIGHT ENVELOPE FOR A NEW SINGLE FAMILY DWELLING AND DETACHED GARAGE (JAMES CHU, CHU DESIGN & ENGR., INC., APPLICANT AND DESIGNER; AND ALVIN YANG, PROPERTY OWNER) PROJECT PLANNER: RUBEN HURIN Chair Cauchi again noted that this item has been withdrawn by the applicant. X. COMMISSIONERS' REPORTS There were no Commissioner's Reports. XI. DIRECTOR'S REPORT 14 CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes January 28, 2008 Commission Communications: None. Actions from Regular City Council meeting of January 22, 2008: None. Actions from City Council Study Session of January 26, 2008: Community Development Director Meeker noted that the City Council conducted a study session on Saturday, January 26, 2008 to discuss goals for the upcoming fiscal year (2008-2009). A number of goals were set forth for the Community Development Department; which will be discussed with the Planning Commission at the joint City Council/Planning Commission meeting in April. FYI: 3066 Hillside Drive — Clarification of a condition of approval for a previously approved design review amendment: Clarify with the applicant whether or not landscaping is to be provided to the rear of the garage; if not, agendize for discussion as an amendment. FYI: 1535 Los Montes Drive — Requested changes to a previously approved design review project: Agendize for discussion. Other Business: Commissioner Osterling announced that he would not apply for re -appointment to the Planning Commission for another term. He also noted a desire to continue established street tree themes within neighborhoods when trees are removed as part of the project; and that he has passed this recommendation along to staff. XII. ADJOURNMENT Chair Cauchi adjourned the meeting at 8:51 p.m. Respectfully submitted, Richard Terrones, Vice -Chair 15