Loading...
HomeMy WebLinkAbout11.13.07 PC minutes APPROVED CITY OF BURLINGAME PLANNING COMMISSION APPROVED MINUTES City Council Chambers 501 Primrose Road - Burlingame, California November 13, 2007 - 7:00 p.m. 1 I. CALL TO ORDER Chair Deal called the November 13, 2007, regular meeting of the Planning Commission to order at 7:00 p.m. II. ROLL CALL Present: Commissioners Auran, Cauchi, Deal, Osterling, Terrones and Vistica Absent: Commissioner Brownrigg Staff Present: Community Development Director, William Meeker; Planner, Ruben Hurin; Doug Bell, Senior Civil Engineer; and City Attorney, Larry Anderson III. MINUTES Commissioner Osterling moved, seconded by Commissioner Cauchi to approve the minutes of the October 22, 2007 regular meeting of the Planning Commission with the following changes: ƒ Roll Call: Note that Chair Deal was absent. ƒ Add statement that Commissioner Auran had listened to the audio recording of the October 9, 2007 meeting. ƒ Page 4, Item 3, fourth bullet under Cristos Goodrow’s comments: delete “not”. ƒ Page 10, item 6, revised “Chair Deal opened the public comment period to read “Vice-Chair Cauchi opened the public comment period”. Motion passed 6-0-1 (Commissioner Brownrigg absent). IV. APPROVAL OF AGENDA There were no changes to the agenda. V. FROM THE FLOOR Pat Giorni, 1445 Balboa Avenue, Burlingame; provided comments regarding proposed design changes to the residence at 1456 Drake Avenue (appears as an FYI later on the agenda). VI. STUDY ITEMS 1. 801 CROSSWAY ROAD, ZONED R-1 – APPLICATION FOR SPECIAL PERMIT FOR NEW DETACHED GARAGE LONGER THEN 28 FEET (JERRY DEAL, JD & ASSOCIATES, APPLICANT AND DESIGNER; AND VICKY COLLINS, PROPERTY OWNER) PROJECT PLANNER: LISA WHITMAN Chair Deal recused himself due to a business relationship with the applicant. Planner Hurin presented a summary of the staff report. City of Burlingame Planning Commission Approved Minutes November 13, 2007 2 Commission comments: ƒ Commissioner Terrones noted that he had met with property owner. ƒ Where the new structure lies adjacent to the neighboring property, clarify whether or not a new fence will not be required on the property line. ƒ Note that existing building has already been demolished. ƒ A dividing wall is not shown between the storage area and parking space in the new garage; is one needed or desired? ƒ The roof pitch should more closely match the roof pitch on the home. ƒ Consider shortening the length of the garage to perhaps 32-feet to reduce the garage’s prominence at the street side of the property. This item was set for the Regular Action Calendar when all the information has been submitted and reviewed by the Planning Division. This item concluded at 7:08 p.m. Chair Deal returned to the dais. 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 Deal noted that he had received a number of speaker slips regarding Agenda Item 2 – 3105 MARGARITA AVENUE, therefore, the item would be removed from the Consent Calendar and moved to the first item on the Action Calendar. There were no other items on the Consent Calendar. VIII. REGULAR ACTION ITEMS 2. 3105 MARGARITA AVENUE, ZONED R-1 – APPLICATION FOR DESIGN REVIEW, HILLSIDE AREA CONSTRUCTION PERMIT AND VARIANCES FOR UPPER AND LOWER LEVEL ADDITIONS TO A SINGLE FAMILY DWELLING (MIKE KERWIN AND AMY PENTICOFF, APPLICANTS AND PROPERTY OWNERS; AND JOHN MANISCALCO, ARCHITECT) PROJECT PLANNER: LISA WHITMAN (CONTINUED FROM OCTOBER 22, 2007 PLANNING COMMISSION MEETING) Reference staff report dated November 13, 2007, with attachments. Community Development Director Meeker presented the report, reviewed criteria and staff comments. Twelve (12) conditions were suggested for consideration. City Attorney Anderson noted that the discussion could be limited to the story poles and impacts upon the view from the adjacent property, per the Commission’s prior direction on October 22, 2007. Chair Deal noted that he had listened to the audio recording of the discussion of this item from the October 22, 2007 meeting. Chair Deal opened the public hearing. Mike Kerwin, 3105 Margarita Drive represented the applicant. Commission comments: None. City of Burlingame Planning Commission Approved Minutes November 13, 2007 3 Public comments: Frank and Joyce Sulgit, 1560 Los Montes Drive; Helaine Darling, 3100 Margarita Drive; and Pat Giorni, 1445 Balboa Avenue; commented on the project. Comments included: the uphill neighbor still doesn’t agree with the project design and blamed the Commission for the problems encountered with the project; a portion of the uphill neighbor’s view is still being lost; trees required by the City’s Arborist could impact views if planted in the wrong area in the rear yard; Commissioner Brownrigg has had too much influence over the Commission “pushing the green agenda”. Additional Commission comments: ƒ Commended the applicant for working with the neighbors. ƒ Noted that the Evergreen Pear trees would grow to likely 20-feet and could be trimmed to maintain that height. ƒ Encouraged applicant to work with the owners of 1560 Los Montes Drive to determine the appropriate location for the new trees. ƒ There is the potential for a living space view blockage from other properties on Los Montes Drive if the trees are planted in the wrong location. Commissioner Auran moved to approve the application, by resolution, with the following amended conditions: 1. that the project shall be built as shown on the plans submitted to the Planning Department Sheets A2.0, A2.1, A2.2, A2.4, and A3.2 (date-stamped August 30, 2007) and Sheets A1.0, A1.1, A2.3, A2.5, A3.1, A3.3 (date-stamped October 11, 2007) 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 conditions of the Chief Building Official's August 22, 2007 memo, the City Engineer's March 26, 2007 memo, the Fire Marshal's March 27, 2007 memo, the City Arborist’s October 16, 2007 memo, and the NPDES Coordinator's March 23, 2007 memo shall be met; 3. that the fence between 3101 Margarita Avenue and 3105 Margarita Avenue shall be repaired; that the applicant shall prepare plans for the repair and/or replacement of the downhill neighbor’s fence; and shall submit these plans as an FYI to the Planning Commission; 4. that if the structure is demolished or the envelope changed at a later date the front and side setback variances, as well as any other exceptions to the code granted here, will become void; 5. 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; 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 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 City of Burlingame Planning Commission Approved Minutes November 13, 2007 4 or exterior, shall require a demolition permit; 9. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 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. Commissioner Deal indicated that he would not support the motion, as he felt that the view has been taken from the property at 1560 Los Montes Drive. Commissioner Terrones requested that the motion be amended to require the applicant to submit plans for repair or replacement of the downhill neighbor’s fence as an FYI to the Commission. Both the maker of the motion, and the second agreed to the additional condition (noted above as Condition 2). Chair Deal called for a voice vote on the motion to approve. The motion passed 5-1-1(Commissioner Deal dissenting, Commissioner Brownrigg absent). Appeal procedures were advised. This item concluded at 7:30 p.m. 3. 3066 HILLSIDE DRIVE, ZONED R-1 – APPLICATION FOR AMENDMENT TO DESIGN REVIEW AND HILLSIDE AREA CONSTRUCTION PERMIT FOR CHANGES TO A PREVIOUSLY APPROVED FIRST AND SECOND STORY ADDITION (MICHAEL MA, APPLICANT AND ARCHITECT; MIMI SIEN, PROPERTY OWNER) PROJECT PLANNER: ERICA STROHMEIER (CONTINUED FROM OCTOBER 9, 2007 PLANNING COMMISSION MEETING) Reference staff report dated November 13, 2007, with attachments. Community Development Director Meeker presented the report, reviewed criteria and staff comments. Twelve (12) conditions were suggested for consideration. Chair Deal opened the public hearing. Michael Ma, 20660 Stevens Creek Boulevard, Suite 169, Cupertino; represented the applicant. Commission comments: ƒ Still is not clear what changes were made to the driveway from the existing conditions prior to construction. City of Burlingame Planning Commission Approved Minutes November 13, 2007 5 ƒ More landscaping should be provided in front. ƒ On the north side elevation a window has been added; this should be added as a proposed change. Public comments: David Leung, 3066 Hillside Drive; noted that the hardscape in front of the house was there before; it was used for parking. There were no further comments and the public hearing was closed. Additional Commission comments: ƒ The current proposed changes are realistic. ƒ The boundary of the concrete driveway should not be greater than existed originally. Commissioner Vistica moved to approve the application, by resolution, with the following amended conditions: 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped October 25, 2007, site plan and proposed elevations; and date stamped July 11, 2006, floor plans, roof plan, existing elevations, site section, 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; and that all windows shall be simulated true divided light windows with three dimensional wood mullions; 2. that the boundary of the driveway shall be restored back to what existed originally on the property; 3. that upon the completion of the construction and prior to approval of the final inspection, Planning Division staff shall provide an FYI to the Planning Commission summarizing the final construction; 4. that the applicant shall retain the original front porch without a clear-story, triangular window over the front door; 5. that the conditions of the City Engineer's, Chief Building Official's, Recycling Specialist's, Fire Marshal's and NPDES Coordinator's April 24, 2006 memos, and the City Arborist's April 26, 2006 memo shall be met; 6. 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; 7. 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; 8. that prior to scheduling the framing inspection, the project architect, engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury. Certifications shall be submitted to the Building Department; 9. 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; City of Burlingame Planning Commission Approved Minutes November 13, 2007 6 10. 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; 11. 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; 12. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 Edition, as amended by the City of Burlingame; 13. 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; and 14. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance. The motion was seconded by Commissioner Osterling. Commissioner Terrones noted that it would be acceptable to install pavers in the front-yard area leading to the gate once the driveway is reconfigured. Chair Deal called for a voice vote on the motion to approve. The motion passed 6-0-1 (Commissioner Brownrigg absent). Appeal procedures were advised. This item concluded at 7:44 p.m. Staff was directed to keep an eye on the project to ensure that everything is completed per the Commission’s direction; and provide an FYI to the Planning Commission once work is completed. 4. 525 OAK GROVE AVENUE, ZONED R-1 – APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR ATTACHED GARAGE FOR A FIRST AND SECOND STORY ADDITION AND NEW ATTACHED GARAGE (SCOTT ADAMS, APPLICANT AND ARCHITECT; NARESH DHADHAL, PROPERTY OWNER) PROJECT PLANNER: LISA WHITMAN (ITEM WITHDRAWN AT APPLICANT'S REQUEST) This item was withdrawn at applicant’s request. 5. 210 BAYSWATER AVENUE, ZONED R-1 – APPLICATION FOR DESIGN REVIEW AND VARIANCE FOR LOT COVERAGE FOR A FIRST FLOOR ADDITION TO A SINGLE FAMILY DWELLING CONSIDERED TO BE SUBSTANTIAL CONSTRUCTION (JACK CHU, APPLICANT AND DESIGNER; AND ED AND SUSAN DAHI, PROPERTY OWNERS) PROJECT PLANNER: LISA WHITMAN Reference staff report dated November 13, 2007, with attachments. Planner Hurin presented the report, reviewed criteria and staff comments. Eleven (11) conditions were suggested for consideration. Chair Deal opened the public hearing. Jack Chu, 55 West 43rd Avenue, San Mateo; and Ed Dahi, 210 Bayswater Avenue, Burlingame; represented the applicant. City of Burlingame Planning Commission Approved Minutes November 13, 2007 7 Commission comments: ƒ New asphalt shingle roof should be installed throughout. ƒ Asked about the window trim; 2 x 2 trim? ƒ Some sort of cover should be provided over the entry even if it projects within the setback area and adds FAR. ƒ The lot is undersized; this supports approval of a Variance from lot coverage. Public comments: Pat Giorni, 1445 Balboa Avenue; questioned the intent of Condition 3; would it eliminate the Variance approvals if a second-story is proposed in the future? (Yes, the Variance approvals become null and void if the structure is demolished or the envelope is changed; if the structure is demolished or its envelope changed in the future, the applicant would be required to reapply for the Variances). Commissioner Vistica moved to continue the matter with direction to the applicant to consider options for a front porch (this is to be the only topic of discussion at the subsequent public hearing). The motion was seconded by Commissioner Osterling. Chair Deal called for a voice vote on the motion to continue. The motion passed 6-0-1 (Commissioner Brownrigg absent). This item concluded at 8:00 p.m. 6. 1336 PALOMA AVENUE, ZONED R-1 – APPLICATION FOR DESIGN REVIEW AMENDMENT FOR CHANGES TO A PREVIOUSLY APPROVED NEW TWO-STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE (JESSE GEURSE, APPLICANT AND DESIGNER; AND TOM LEYDEN, PROPERTY OWNER) PROJECT PLANNER: ERICA STROHMEIER Chair Deal recused himself due to a conflict of interest. Reference staff report dated November 13, 2007, with attachments. Planner Hurin presented the report, reviewed criteria and staff comments. Sixteen (16) conditions were suggested for consideration. Vice-Chair Cauchi opened the public hearing. Vice-Chair Cauchi indicated that he had previously met with the applicant at the subject site. Tom Leyden, 1336 Paloma Avenue; represented the applicant. ƒ Provided photos of home. ƒ Problem with the stone is the appearance as it meets the base of the tapered columns. Commission comments: ƒ Understood the reason for the detail change, based upon the applicant’s explanation. Public comments: Judy Lopez, 1340 Paloma Avenue; noted that the applicant has been wonderful as a neighbor and contractor. Everyone on the block appreciates the new home. Commissioner Auran moved to approve the application, by resolution, with the following conditions: City of Burlingame Planning Commission Approved Minutes November 13, 2007 8 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped August 29, 2007, front elevation, and date stamped November 29, 2006, sheets T.0 through G.2, 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, that there shall be a wooden trim installed above the exposed concrete footing on the sides of the house, that the down spouts shall be painted galvanized metal, that the fence at the left side front of the lot shall be setback at least four feet to provide articulation along the front façade, and that the exposed rafter tails (3x3) shall be exposed throughout the design where appropriate; 2. that the plans shall be corrected to show the stairs on the left side from the storage area on all the plans e.g. floor plans, site plans and landscape plans and that the paved area shown on the landscape plan shall be adjusted to provide for the stairs; and that the design of the front porch shall be adjusted to provide for a better execution of the shed roof detail; the gate proposed across the driveway shall be electronically activated to facilitate the use of the parking provided on site; 3. 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; 4. 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; 5. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners and set the building footprint; 6. that prior to underfloor frame inspection the surveyor shall certify the first floor elevation of the new structure(s) and the various surveys shall be accepted by the City Engineer; 7. that prior to scheduling the final framing inspection, the project architect, engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury. Certifications shall be submitted to the Building Department; 8. 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; 9. 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; 10. 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; 11. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 Edition, as amended by the City of Burlingame; 12. 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; City of Burlingame Planning Commission Approved Minutes November 13, 2007 9 13. 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; 14. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; and 15. that the project is subject to the state-mandated water conservation program, and a complete Irrigation Water Management Plan must be submitted with landscape and irrigation plans at time of permit application. The motion was seconded by Commissioner Terrones. Vice-Chair Cauchi called for a voice vote on the motion to approve. The motion passed 5-0-1-1 (Chair Deal recused, Commissioner Brownrigg absent). Appeal procedures were advised. This item concluded at 8:16 p.m. Chair Deal returned to the dais. 7. 1816 MAGNOLIA AVENUE, ZONED C-1 - APPLICATION FOR CONDITIONAL USE PERMIT AMENDMENT TO CONVERT A YOGA STUDIO TO A MARTIAL ARTS STUDIO (PEACHY INTAL, APPLICANT, AND DAVID VENTURELLI, PROPERTY OWNER) PROJECT PLANNER: ERICA STROHMEIER Reference staff report dated November 13, 2007, with attachments. Planner Hurin presented the report, reviewed criteria and staff comments. Seven (7) conditions were suggested for consideration. Chair Deal opened the public hearing. Peachy Intal, 1816 Magnolia Avenue; represented the applicant. Commission comments: ƒ Asked about the business name and type of martial arts instruction. Public comments: There were no further comments and the public hearing was closed. Commissioner Osterling moved to approve the application, by resolution, with the following amended conditions: 1. that the project shall be built as shown on the plans submitted to the Planning Department and date stamped September 27, 2007, existing floor plan and site plans; 2. that the 1,090 SF tenant space shall be used for group instruction for a martial arts studio/school, and that any change to the hours of operation, number of employees, and size of the tenant space, including increasing the area used for group instruction, shall be reviewed by the Planning Department, and may require additional review by the Planning Commission; City of Burlingame Planning Commission Approved Minutes November 13, 2007 10 3. that the maximum number of employees on site at any one time, including the business owner, shall be limited to 2 persons; and that the maximum number people on site at any one time, including employees and customers, shall be 25 persons; 4. that the martial arts studio/school shall have regular business hours from 9:00 a.m. to 8:00 p.m. Monday thru Friday and 9:00 a.m. to 12:00 p.m. on weekends; 5. that all signage shall require a separate permit from the Planning and Building Departments; 6. that the conditions of the Chief Building Official’s September 28, 2007 memo shall be met; and 7. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 Edition, as amended by the City of Burlingame. The motion was seconded by Commissioner Terrones. Chair Deal called for a voice vote on the motion to approve. The motion passed 6-0-1 (Commissioner Brownrigg absent). Appeal procedures were advised. This item concluded at 8:21 p.m. 8. 1510 ROLLINS ROAD, ZONED RR – APPLICATION FOR MITIGATED NEGATIVE DECLARATION AND CONDITIONAL USE PERMITS FOR PARKING AND FENCING WITHIN THE DRAINAGE EASEMENT (STEVE LEWIS, LEWIS ARCHITECTS, APPLICANT AND ARCHITECT; AND WILLIAM SPENCER COMPANY, PROPERTY OWNER) PROJECT PLANNER: ERICA STROHMEIER Reference staff report dated November 13, 2007, with attachments. Community Development Director Meeker presented the report, reviewed criteria and staff comments. Ten (10) conditions were suggested for consideration. A November 13, 2007 e-mail from the California Department of Fish and Game was referenced. Chair Deal opened the public hearing. Steve Lewis, 940 Emmett Avenue, Belmont; represented the applicant. Commission comments: ƒ Questioned the need for additional parking when the minimum requirements of the Zoning Ordinance are being met without the additional paving in the drainage area. Public comments: There were no further comments and the public hearing was closed. Additional Commission comments: ƒ The applicant has taken extraordinary measures to protect the sensitive habitats on the property. Commissioner Auran moved to approve the application, by resolution, with the following amended conditions: 1. that the project shall be built as shown on the plans submitted to the Planning Division and date stamped October 31, 2007, sheets A0.01, A2.01 and A2.03; and date stamped September 27, 2007, sheets A2.02, A2.04 and A2.05; City of Burlingame Planning Commission Approved Minutes November 13, 2007 11 2. that paving work shall be completed during dry days if work is to occur during the rainy season; 3. that the conditions of the City Engineer's August 29, 2007, memo, and the NPDES Coordinator’s August 30, 2007 memo shall be met; 4. that demolition or removal of any existing walls 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 the biological consulting firm, TRI, shall conduct site inspections during the construction period to confirm compliance of the mitigation measure and improvement measure; 6. that the existing shall be maintained as shown on the Site Construction and Landscape Plan, sheet A2.01, date stamped October 31, 2007; 7. that upon restriping and reconfiguring the parking lot, the applicant shall label the compact parking spaces compact; 8. Applicant shall provide a hold harmless agreement in a form approved by the City Attorney that provides as follows: a. Owner agrees and understands that some of the parking proposed in the application is to be located in a drainage area that is subject to periodic flooding. The Owner has obtained professional analysis of the effects and impacts of the drainage area. b. Owners agrees and affirms that Owner is relying solely on Owner’s own knowledge and the representations of Owner’s own experts and consultants in designing, constructing, and using the project and in no way relying on any representations or analyses of the City or any of its officers or employees in proceeding with the construction and uses. c. Owner agrees that Owner shall defend and indemnify the City, its officers and employees against, and will hold them and each of them harmless from any and all actions, claims, damages to persons or properties, penalties, obligations, and liabilities, including any attorneys fees or associated costs, that may be asserted by any person arising from the approval, design, location, methods, installation, operation, and existence of the parking within the drainage area approved by the City. d. This agreement shall be recorded by the City in the Official Records of the Recorder of San Mateo County. 9. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 Edition, as amended by the City of Burlingame; 10. One daytime preconstruction survey for CRLF/SFGS shall be completed within 48 hours of the start of construction. During this time, all natural woodpiles and other debris that may provide shelter within the property shall be dismantled and rodent burrows inspected to ensure that CRLF/SFGS are not aestivating in these structures. If no CRLF, SFGS or other sensitive species are detected; woodpiles shall either be moved off site or covered to prevent these species from becoming trapped on the construction site. During the construction period all construction holes and woodpiles shall be covered to prevent CRLF/SFGS from becoming trapped. If CRLF/SFGS are detected, construction shall be halted until the USFWS is contacted for further guidance. If any other sensitive species are detected, construction shall also be halted until the appropriate agency (USFWS or CDFG) is contacted for further guidance. City of Burlingame Planning Commission Approved Minutes November 13, 2007 12 11. During construction activities, a 36-inch high silt fence buried 4 to 6 inches into the ground shall be erected around the drainage and buffer area. The silt fence will prevent sediment and run-off of paving materials from draining into the channel and will exclude CRLF from wandering into the construction zone. Once paving activities are complete, the silt fence shall be removed and a new galvanized chain link fence shall be erected around the drainage and buffer. The chain link fence shall have a minimal hole size of two inches and shall be raised from the ground a minimum of six inches. This will allow frog movement underneath or through the fence. The motion was seconded by Commissioner Osterling. Commissioner Vistica noted that he doesn’t believe the request make sense; the General Plan doesn’t encourage paving of the drainage easement. The area shouldn’t be used for storage, in particular for autos. Chair Deal called for a voice vote on the motion to approve. The motion passed 5-1-1 (Commissioner Vistica dissenting, Commissioner Brownrigg absent). Appeal procedures were advised. This item concluded at 8:36 p.m. IX. DESIGN REVIEW STUDY ITEMS 9. 1404 MILLS AVENUE, ZONED R-1 – APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION AND NEW DETACHED GARAGE (STEVE LESLEY, APPLICANT AND ARCHITECT; AND JAVED MAQSOOD AND SHARMEEN AHMED, PROPERTY OWNERS PROJECT PLANNER: LISA WHITMAN Community Development Director Meeker briefly presented the project description. There were no questions of staff. Chair Deal opened the public comment period. Stephen Lesley, 588 Mastick Avenue, San Bruno; represented the applicant. Commission comments: ƒ There are varying roof designs; there should be a unified design; should match rafter-tail detail. ƒ Provide electric gate on driveway with enough space in front of gate to park ƒ Provide path from driveway to front walk. ƒ Strengthen landscaping at front of property by adding larger scale shrubs. ƒ The new garage is pushed back further on property; what will the fence condition be at left of garage? ƒ Vinyl windows are typically not acceptable; will need to see an example. ƒ Inconsistent munton pattern on windows. ƒ Left elevation is rather broad; but is difficult because it is a driveway elevation. ƒ The design of the addition doesn’t seem to match the style of the front of the existing house. ƒ The sliders on the left elevation do not fit with the style of the residence. ƒ No gutters are shown on the plans. ƒ No water table shown at top of the stone wainscoting. ƒ Round window does not relate to the style of home. ƒ The first floor plate height for the addition should be reduced down to 9’ ƒ The fireplace is too dominant on the rear elevation. ƒ The eyebrow-type roof structure on the left elevation doesn’t look property; appears “stuck on”. Public comments: City of Burlingame Planning Commission Approved Minutes November 13, 2007 13 There were no other comments from the floor and the public hearing was closed. Commissioner Osterling made a motion to place the item on the regular Action Calendar when complete. This motion was seconded by Commissioner Auran. Additional Commission comments: ƒ Direction is specific enough regarding changes. ƒ Project should likely be referred to a design reviewer. ƒ The applicant can select to meet with a design reviewer if he wishes. Chair Deal called for a vote on the motion to place this item on the regular Action Calendar when plans had been revised as directed. The motion passed on a voice vote 6-0-1 (Commissioner Brownrigg absent). The Planning Commission's action is advisory and not appealable. This item concluded at 9:03 p.m. Commissioner Osterling indicated that he would be leaving the meeting, but that he had been in contact with the landscape architect for the proposed project at 1226 El Camino Real (Agenda Item 11), and that he is continuing to work with him on the landscape plan for that project. Commissioner Osterling left the meeting at 9:04 p.m. 10. 1718 ADELINE DRIVE, ZONED R-1 – APPLICATION FOR DESIGN REVIEW, REAR AND SIDE SETBACK VARIANCES, AND SPECIAL PERMIT FOR DECLINING HEIGHT ENVELOPE FOR A FIRST AND SECOND STORY ADDITION (JOHN SCHMID, APPLICANT AND ARCHITECT; AND JOHN SCHMID AND SUZANNE MALIK, PROPERTY OWNERS) PROJECT PLANNER: LISA WHITMAN Planner Hurin briefly presented the project description. There were no questions of staff. Chair Deal opened the public comment period. John Schmid, 1718 Adeline Drive, Burlingame; represented the applicant. Commission comments: ƒ Complemented the design. ƒ Increase dimensions of brackets. ƒ Look at placing pickets closer together on fence to be closer to original Craftsman design. ƒ The right elevation appears somewhat stark; perhaps add an additional window. ƒ On the right elevation; the window under the gable needs munton bars added. ƒ Provide sash detail on windows. ƒ Questioned use of windows adjacent to the easement in an area where windows would not normally be permitted. ƒ On the landscape plan, clearly delineate lawn areas and planter areas. ƒ Clarify that wood shingles will be used on sides of residence. ƒ Clarify planter box details on front elevation. ƒ Note if existing chimney is to be re-built. ƒ Consider installation of a wood trellis over the garage door. ƒ On the right elevation; the roof element over the stairs to the family room could be handled better; look at alternative treatments. ƒ Clarify the awkward placement of the window under the cantilevered area on the rear elevation. ƒ Be certain that the chimney is designed to be authentic to the architectural style of the residence. ƒ The Variance request is supportable; the existing configuration of the property is cause for the Variance. City of Burlingame Planning Commission Approved Minutes November 13, 2007 14 City of Burlingame Planning Commission Approved Minutes November 13, 2007 15 Public comments: Pat Giorni, 1445 Balboa Avenue; and Steve Williams, 1478 Cortez Avenue; commented on the project. Comments included: support for the design on the 1400 block of Balboa Avenue; and concern about the loss of views of hills and trees. There were no other comments from the floor and the public hearing was closed. Commissioner Auran made a motion to place the item on the Consent Calendar when complete, with specific direction to address the chimney design. This motion was seconded by Commissioner Cauchi. Chair Deal called for a vote on the motion to place this item on the regular Action Calendar when plans had been revised as directed. The motion passed on a voice vote 5-0-2 (Commissioners Brownrigg and Osterling absent). The Planning Commission's action is advisory and not appealable. This item concluded at 9:28 p.m. 11. 1226 EL CAMINO REAL, ZONED R-3 – SECOND ENVIRONMENTAL SCOPING FOR AN APPLICATION FOR ENVIRONMENTAL REVIEW, CONDOMINIUM PERMIT, AND PARKING VARIANCE FOR A NEW, FOUR-STORY 9-UNIT RESIDENTIAL CONDOMINIUM PROJECT (1226 EL CAMINO LLC, APPLICANT AND PROPERTY OWNER; AND KIRK MILLER AFFILIATES, ARCHITECT) PROJECT PLANNER: RUBEN HURIN Chair Deal recused himself since he lives within 500 feet of the property. Planner Hurin briefly presented the project description. There were no questions of staff. Vice-Chair Cauchi opened the public comment period. All Commissioners present disclosed that they had met with the applicant regarding the status of the project. Patrick Fellowes, 1008 Laurel Street, San Carlos; represented the applicant. Commission comments: ƒ Concern about the prominence of the parking on the ground floor; the lower level appears lifeless; consider modifying entry to make it more prominent with an emphasis on the strong center form between the two bays; perhaps look at a stair element to make it possible for residents to walk up to second floor units. ƒ Add more wood elements along the center façade to harmonize with the clay tile roof. ƒ Concern regarding the loss of affordable housing units was expressed. ƒ Questioned the composition of the limestone feature at the front entry; provide sample. ƒ Create gathering spaces within the building and on property; the outdoor space at the rear appears to be a leftover space; common open-space should be designed as a pleasant space to use; create pleasant transitions to the common open spaces. ƒ Represent design of rooftop open space accurately on the plan. ƒ Provide details of garage doors; how does their design relate to the building’s architectural style? ƒ Show where the back-flow preventer, standpipes, etc. are to be installed. ƒ Wood windows are encouraged rather than vinyl windows. ƒ Wood brackets on the building should be a bit larger due to the scale of the building. ƒ Perhaps consider limestone decorative features in central element. ƒ Delineate window trims on elevations. City of Burlingame Planning Commission Approved Minutes November 13, 2007 16 ƒ The Variance for back-up area is supportable. Public comments: Pat Giorni, 1445 Balboa Avenue; and Bijan Amini, 1224 El Camino Real, Burlingame ; commented on the proposal. Comments included: balconies on El Camino Real are rarely used; the roof garden must be sheltered so it will be used; concern was expressed regarding impacts of the project’s construction upon the neighboring property. The applicant indicated that he has no problem providing the neighbor with a fence along entire driveway during construction of project and that he would agree not to work on the construction project on Sundays. There were no other comments from the floor and the public hearing was closed. This item concluded at 10:09 p.m. Chair Deal returned to the dais. X. COMMISSIONERS’ REPORTS There were no Commissioner’s Reports. XI. DIRECTOR’S REPORT Review of City Council regular meeting of November 5, 2007: ƒ Community Development Director Meeker noted that the 2007 IBC was adopted by the City Council, as was the new Fire Code. The new codes will become effective January 1, 2008. Land- use entitlements for projects must be approved and final by no later than December 31, 2007 for the current codes to apply. Projects approved after December 31, 2007 must comply with the new codes. ƒ Director Meeker also noted that the City Council considered the appeal of the Commission’s action regarding 1316 Drake Avenue; affirming the Commission’s approval of the project with modifications regarding the landscaping in the rear-yard, design of the second-floor balcony and a requirement to retain the existing, over-height fence along the rear property line. FYI: Peninsula Hospital Complaint Log – August 2007 ƒ Accepted. FYI: Peninsula Hospital – Final Design of Phase 3: Hospital, Medical Office Building and Landscape Plan ƒ Accepted. FYI: 1456 Drake Avenue – Requested changes to a previously approved Design Review project ƒ Accepted. FYI: 1557 Drake Avenue – Requested changes to a previously approved Design Review project ƒ Accepted. FYI: 1123 Eastmoor Road – Requested changes to a previously approved Design Review project City of Burlingame Planning Commission Approved Minutes November 13, 2007 17 ƒ Accepted. FYI: 1653 Lassen Way – Requested changes to a previously approved Design Review project ƒ Accepted. XII. ADJOURNMENT Chair Deal adjourned the meeting at 10:15 p.m. Respectfully submitted, Richard Terrones, Secretary