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HomeMy WebLinkAboutAgenda Packet - PC - 2014.11.24Planning Commission City of Burlingame Meeting Agenda BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Council Chambers7:00 PMMonday, November 24, 2014 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES October 27, 2014 Regular Planning Commission Meetinga. 4. APPROVAL OF AGENDA 5. PUBLIC COMMENTS, NON-AGENDA Members of the public may speak about any item not on the agenda. Members of the public wishing to suggest an item for a future Planning Commission agenda may do so during this public comment period . The Ralph M. Brown Act (the State local agency open meeting law) prohibits the Planning Commission from acting on any matter that is not on the agenda. Speakers are asked to fill out a "request to speak " card located on the table by the door and hand it to staff, although the provision of a name, address or other identifying information is optional. Speakers are limited to three minutes each; the Chair may adjust the time limit in light of the number of anticipated speakers. 6. STUDY ITEMS 3155 Frontera Way, zoned R -1 - Application for a Conditional Use Permit for a new wireless facility (antennas and equipment) on an existing residential apartment building (Ashley Woods, applicant; V-One Design Group Inc., designer; Skyline Terrace, property owner) (133 noticed) Staff Contact: Ruben Hurin a. 3155 Frontera Way Staff Report 3155 Frontera Way Attachments Attachments: 7. CONSENT CALENDAR Items on the consent calendar are considered to be routine. They are acted on 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. Page 1 City of Burlingame Printed on 11/24/2014 November 24, 2014Planning Commission Meeting Agenda 1327 Marsten Road, zoned RR - Application for Conditional Use Permit and Parking Variance for automobile sales within an existing commercial building (Enrique Pelaez Jr., applicant; Dale Meyer Associates, designer; John T. Michael, RWR Properties Inc ., property owner) (21 noticed) Staff Contact: Ruben Hurin a. 1327 Marsten Rd Staff Report 1327 Marsten Rd Attachments Attachments: 8. REGULAR ACTION ITEMS 2748 Burlingview Drive, zoned R-1 - Application for Front Setback Variance and Hillside Area Construction Permit for first floor additions to an existing single -family dwelling (Jesse Geurse, designer and applicant; Henry Hsia, property owner) (37 noticed) Staff Contact: Erika Lewit a. 2748 Burlingview Staff Report 2748 Burlingview Drive Attachments Attachments: 1025 Cabrillo Avenue, zoned R-1 - Application for Design Review for a new, two -story single family dwelling and Conditional Use Permit for a bathroom in a detached accessory structure (James Chu, Chu Design and Engineering, designer and applicant; 1025 Cabrillo Burlingame LLC, property owner) (52 noticed) Staff Contact: Erika Lewit b. 1025 Cabrillo Staff Report 1025 Cabrillo Avenue attachments Attachments: 1435 Benito Avenue, zoned R -1 - Application for Amendment to Design Review for as-built changes to a previously approved new, two -story single family dwelling and detached garage (Jack McCarthy Designer, Inc ., applicant and designer; Kieran Woods, property owner) (61 noticed) Staff Contact: Ruben Hurin c. 1435 Benito Avenue Staff Report 1435 Benito Avenue Attachments Attachments: 1547 Vancouver Avenue, zoned R -1 - Application for Design Review for a first and second story addition to an existing single family dwelling and Conditional Use Permits for a recreation room and toilet in an existing accessory structure (Julie Carlson, JCarlson Design, applicant, designer and property owner) (53 noticed) Staff Contact: Ruben Hurin d. 1547 Vancouver Ave Staff Report 1547 Vancouver Ave Attachments Attachments: Page 2 City of Burlingame Printed on 11/24/2014 November 24, 2014Planning Commission Meeting Agenda 1548 Los Montes Drive, zoned R -1 – Application for Design Review, Hillside Area Construction Permit and Special Permits for declining height envelope and an attached garage for construction of a new single -family dwelling and attached garage (Farnaz Khadiv, applicant and designer; Jiries and Suhair Hanhan, property owners) (42 noticed) Staff Contact: Ruben Hurin e. 1548 Los Montes Dr Staff Report 1548 Los Montes Dr Attachments 1548 Los Montes Dr - 11.24.14 recd after 1548 Los Montes Dr - 10.14.14 recd after 1 1548 Los Montes Dr - 10.14.14 - recd after2 1548 Los Montes Dr - 11.24.14 - recd after 3.pdf 1548 Los Montes Dr - 11.24.14 - recd after 2.pdf 1548 Los Montes Dr - 11.24.14 - recd after 4.pdf Attachments: 2838 Adeline Drive, zoned R-1 - Application for Conditional Use and Special Permits for a new detached patio shelter (Michael Gaul, applicant, designer and property owner) (28 noticed) Staff Contact: Erika Lewit f. 2838 Adeline Dr Staff Report 2838 Adeline Drive Attachments Attachments: 9. DESIGN REVIEW STUDY 1516 Howard Avenue, zoned R-1 - Application for Environmental Review, Design Review and Special Permit for declining height envelope for a new, two -story single family dwelling and detached garage (Mark Robertson, Mark Robertson Design, applicant and designer; 1516 Howard LLC, property owner) (55 noticed) Staff Contact: Ruben Hurin a. 1516 Howard Avenue Staff Report 1516 Howard Ave Attachments 1516 Howard Ave Historic Resource Study Attachments: 10. COMMISSIONER’S REPORTS 11. DIRECTOR REPORTS Commission Communicationsa. City Council Regular Meeting - November 17, 2014b. Page 3 City of Burlingame Printed on 11/24/2014 November 24, 2014Planning Commission Meeting Agenda FYI: 1428 Vancouver Avenue – review of proposed changes to a previously approved Design Review Project. c. 1428 Vancouver Avenue Memorandum 1428 Vancouver Ave Attachments Attachments: FYI: 1529 Howard Avenue - review of proposed changes to a previously approved Design Reveiw project. d. 1529 Howard Ave MemorandumAttachments: 12. ADJOURNMENT Note: An action by the Planning Commission is appealable to the City Council within 10 days of the Planning Commission's action on November 24, 2014. If the Planning Commission's action has not been appealed or called up for review by the Council by 5:00 p.m. on December 4, 2014, the action becomes final. In order to be effective, appeals must be in writing to the City Clerk and must be accompanied by an appeal fee of $485, which includes noticing costs. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection during normal business hours at the Community Development/Planning counter, City Hall, 501 Primrose Road, Burlingame, California. Page 4 City of Burlingame Printed on 11/24/2014 BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 City of Burlingame Meeting Minutes Planning Commission 7:00 PM Council ChambersMonday, October 27, 2014 1. CALL TO ORDER 2. ROLL CALL This was Bandrapalli, DeMartini, Yie, Sargent, Terrones, and GumPresent6 - LoftisAbsent1 - 3. APPROVAL OF MINUTES a.October 14, 2014 Regular Planning Commission Meeting >Page 3, motion included removing the setback reduction. >Page 3, should indicate the property owners presented the application. >Page 3, Commissioner DeMartini met with owners and received a tour of the property. >Page 4, Commissioner Terrones recused because of quasi -business relationship with property owner >Page 5, last bullet, should indicate porch on the right side. >Page 5, window cladding is fiberglass. >Page 5, approve with amended conditions. >Page 6, Chair Bandrapalli asked for a voice vote. >Page 8, Commissioner DeMartini met with the owners of the property. >Page 9, last bullet, extra “bathroom” is listed. >Page 10, should read “infringement on the property right.” >Page 11, character of the neighborhood breaks down into three groups… original homes with garage in the rear, new homes that meet the design guidelines, and homes built before the design guidelines. >Page 12, Ellen M., should read challenging to understand what the aesthetics of change are. >Page 14, need to listen to recording. Commissioner Terrones made a motion, seconded by Commissioner Sargent, to approve the meeting minutes with the revisions as stated. The motion carried by the following vote: Aye:Bandrapalli, DeMartini, Yie, Sargent, Terrones, and Gum6 - Absent:Loftis1 - 4. APPROVAL OF AGENDA 5. PUBLIC COMMENTS, NON-AGENDA Pat Giorni spoke on this item: >Conditions of Approval are legal document registered with the registrar in the County. >First condition is that “this project will be built to the plans date stamped...” >If there are changes need to be submitted to Commission. Page 1City of Burlingame Printed on 7/20/2015 October 27, 2014Planning Commission Meeting Minutes >Suggest when approved by resolution add language that this it is a legal and binding document and contract is the plans. Any violation is a violation of the contract. 6. STUDY ITEMS a.2748 Burlingview Drive, zoned R -1 - Application for Front Setback Variance and Hillside Area Construction Permit for first floor additions to an existing single -family dwelling (Jesse Geurse, designer and applicant; Henry Hsia, property owner) Staff Contact: Erika Lewit Commissioner Terrones was recused from this item because he has a business relationship with the property owners (an prior applicants) at 2747 and 2753 Burlingview Drive. All Commissioners had visited the property. There were no ex-parte communications to report. Senior Planner Hurin presented the staff report. Commission comments/questions: >When plans come back would like them to show where average front setback line would be. >Responses in Variance application Items A and B don ’t justify variance. Item A – Stated that because it is a corner lot the front of the house is the side setback, but that is the case for every corner lot so is not exceptional or extraordinary. Item B – Hardship just talks about making a bedroom larger, and if it could not be extended the house value would decline, but does not adequately address the point of the variance. >Average setback is already 28.4 feet and existing property is already encroaching. Another 129 square feet will further encroach. >Will create more of a blank wall to the entry of Hillview Court, and is set up above street level . Anything to mitigate the blankness would be beneficial. As a study item, there is no action on this item. The application will return on the Regular Action Calendar when revised as directed. 7. CONSENT CALENDAR a.1548 Meadow Lane, zoned R-1 - Application for Design Review for first and second story additions to an existing single -family dwelling (J. Deal, J. Deal Associates, designer and appilcant; Barrett and Aimee Foster, property owners) (63 noticed) StaffContact: Erika Lewit Commissioner Bandrapalli was recused from this item because she lives within 500 feet of the subject property. Commissioner DeMartini made a motion, seconded by Commissioner Sargent, to approve the Consent Calendar. The motion carried by the following vote: Aye:DeMartini, Yie, Sargent, Terrones, and Gum5 - Absent:Loftis1 - Recused:Bandrapalli1 - 8. REGULAR ACTION ITEMS a.1521 Cabrillo Avenue, zoned R -1 – Application for Design Review Amendment for a Page 2City of Burlingame Printed on 7/20/2015 October 27, 2014Planning Commission Meeting Minutes new single family dwelling with an attached garage (James Chu, Chu Design Associates, Inc., designer; Eric Mainini, applicant and property owner) (49 noticed) Staff Contact: Kevin Gardiner All commissioners visited the site. Commissioner Sargent met with the neighbor at 1532 Drake Avenue, met with the applicant, and exchanged email with the neighbor at 1532 Drake Avenue. Commissioner Terrones had a conversation with residents at 1523 Cabrillo Avenue. Commissioner Yie met with the property owner, and with the neighbor at 1532 Drake Avenue. Commissioner DeMartini met with the neighbor at 1532 Drake Avenue. Planning Manager Gardiner presented the staff report. Questions from staff: >If privacy film is used to obscure the glass, are they required to maintain that? If later on, if the film were removed, would the neighbor be able to file a code enforcement complaint? (Kane: If it is part of the entitlements of the project that there be obscuration of the glass, if they decide to do that through film rather than integral in the glass, they are responsible for maintaining that condition. If they fail to do so, it would be subject to a code compliance complaint.) >Do we typically allow the film rather than the glazing itself to be obscured? (Gardiner: This has not come up as an issue before. The plans indicate obscured /stained glass but the exact means as such was not included specifically.) >Over the past eight years, cannot recall ever specifying what the specific obscuring methodology would be. Eric Mainini represented the property owner: >Complaint on privacy on four of the windows on the west-facing side. >On framing detail in the plans, called out for a three-panel window, but elevation did not reflect that. >With house built, can now stand in the rooms and see the privacy or lack of privacy in a real world situation. Major tree between this house and adjacent neighbor which blocks out the view of the entire back yard. >Three-panel window follows with the design of the downstairs window too. Does not deviate too much from the look. >All of the light for this house comes from the west. It is important, makes it a better house. >The two windows to be obscured are the Master Bedroom closet window (fine whether or not it is obscured) and the bathroom window. >Film is a 3M material that makes it so one cannot see through at all. Zero visibility but allows some light in. >Suggesting to eliminate obscuring on the bedroom window and stairwell window. Stairwell is a transitional space. >Large Oak tree in front, another in back, and another on the side. There is a lot of natural shading, so looking for natural light. >Also proposing changing front window from circular to square – more light, not a privacy issue . Though the elevation looks like it is on level ground, there is a creek to the right and the house is down a 100-foot driveway so cannot be seen from street. Square window will allow more light, is about 1/3 the price of the round window, and did not think it martially affected the look and feel of the house. >Closest measurement to 1532 Drake Avenue is 52 feet. It is a large area. Does not border house, is separated by an easement. James Chu represented the designer: >When project originally came in for review and there was concern with privacy, now that the house is built there is not a privacy issue, even without the landscaping being installed yet. >Requesting amendment to change the two-panel window to three-panel, without obscuring. Commission questions: >How does film do in wet environment, since one of these windows will be a bathroom window? (Mainini: Vendor says it is used in this capacity all the time and will not be an issue.) >In the review and approval meetings, there was discussion of the three -panel windows and they Page 3City of Burlingame Printed on 7/20/2015 October 27, 2014Planning Commission Meeting Minutes became two-panel and obscured. (Mainini: Has included planting that will block the view, but has not been installed yet. Obscuring of the glass was agreed at the very beginning because of the privacy issue, but now this is a real house and when one walks through it and sees it can see there is not a privacy issue. House was built off framing plans, and elevation and framing plans had a discrepancy .) (Chu: When the window was changed from three panels to two, it was changed on the elevation but not on the plan.)(Gardiner: Elevation and plan approved by the Planning Commission both showed a two-panel window.) >When did privacy issue go away? (Chu: There is an existing tree in neighbor ’s yard, not including our own trees.) Accepted privacy issue when approved, but once the house was built the privacy issue went away. (Chu: Can go back to two panels, but are requesting not to have the film. Feels there is not a privacy issue.) >Have you been in the back yard of the resident who has an issue with this? (Chu: Yes. Has also been all through the new house, and cannot see the neighbor’s yard from the new house.) >Is there a sample of the film? (Mainini: Asked vendor today but sample was not available. It looks like a frosting of the glass, totally obscured. Zero visibility, only light comes through.) >Talked to neighbor who has privacy issues? (Mainini: Yes. Also asked if neighbor wanted extra tall plants.) Bill Meyers, 1519 Cabrillo Avenue, spoke on this item: >Two windows or three does not seem like a big deal as long as it is frosted. >Wants to make sure there won’t be changes that will affect his property. >Is located between the easement and Cortez, directly adjacent to the structure. Frank Ryan, 1532 Drake Avenue, spoke on this item: >Submitted letters from neighbors >When project was initially presented raised concerns about permanent privacy glass in four windows facing yard. >Request was considered reasonable enough that it was written into the plans, pleased with outcome. >Property owner blatantly disregarded plans, now gets an opportunity to rewrite the plans. Would be rewarded for violating plans. >What asking for and was approved was reasonable and fair. David Green, 2020 Adeline Drive, spoke on this item: >FYIs allow applicants to request material changes when something comes up, but this doesn ’t satisfy that condition. >Privacy issue has not gone away because trees are still needed. If the privacy issue had gone away they would not need the trees. >Saving cost should not be a qualification for a change. >Project was negotiated, compromises were made, plans were filed and approved, but house was built the way the owner wanted it the first time. >House should be built as it was approved. Pat Giorni, 1445 Balboa Avenue, spoke on this item: >Certification before the framing inspection was invalid. Architect’s assistant did not look at the size of window. >This project is illegal because of a perjurious certification. Should go back to original plans. >Is there mathematical proof that the square window in the front would provide more light than the round window? >More natural light brings more heat. >Approval was August 2013, applicant came back in May 2014 for amendment for tree issue. Has been 5 months since framing was illegally certified. Anahita, 1240 Cabrillo Avenue, spoke on this item: >Important to make contractors and their architect accountable. Once plans approved need to stick to what the city required. Page 4City of Burlingame Printed on 7/20/2015 October 27, 2014Planning Commission Meeting Minutes >Planning Commission plays an important role in keeping contractors and architects accountable. Diedre Shaw, 2536 Valdivia Way, spoke on this item: >Planning Commissioners are the stewards of the town – it is their job. >Appears to be easier to ask for forgiveness than permission. >Does not know the details of this project, but is speaking to say that the City needs to uphold its laws. Linda Ryan, 1532 Drake Avenue, spoke on this item: >Over past 10 years has seen six new homes, four major remodels and two landscape renovations all on the dead-end of the street. Have never complained about previous construction. >Project has not installed the correct type and style of windows that had been agreed on and approved. >Neighbors had previously met with Mr. Mainini, talked about obscured stained windows, and a specific landscape plan. >During summer Mr. Mainini suggested installing a fence on his property that would exceed regulations. Was in agreement would be OK. >Mr. Mainini also suggested building a planter and privacy hedge in the easement. >Had agreed to stained or obscured windows. Talked to Marvin salesperson who said Mr. Mainini had considered but did not like the look of the frosted glass. Said he would install film instead. >Concern film would not provide privacy, could be removed with solvent right after sign -off. Previous discussions specified permanent stained or obscured glass. >If a film is used, request that it be in writing that it is two -way privacy and permanent, never to be removed by the occupant. >Work crew is disregarding construction hours. Commission discussion/comments: >What did Conditions of Approval say regarding the obscured windows? (Gardiner: There was not anything specific in the Conditions of Approval, just notes on the plans stating “shaded/obscured glazing shown typ.” and four windows are shown on the elevation shaded to indicate those would be obscured or stained glazing.) >Looking at drawings, does not see any reason to remove the shading. Does not see any reason to go from three window panes to two. >There has already been a visit from the City Arborist during construction for cutting into the roots of a 36-inch oak tree. Should have a tree protection plan for the 48-inch oak tree in the front. Does not seem to care about the rules. >Unilaterally deciding there is no privacy issue and acting on that is presumptuous. >On the elevation the two -panel window looks better than the three -panel. Consider obscuring at the bottom of window but leaving top clear to allow view of sky and tree into room. Same with stairwell window. >There is distance between the houses, but the screening tree is a deciduous so when leaves fall there will be privacy impacts. >Change to front window is minimal given the oak, how the house steps back, and that it can ’t be seen from the street. >Agrees contractors should be required to build what is on the plans, and if not should expect consequences. However can also be hard to imagine what happens in the field versus the drawings . There is a process for that. >Windows are quite some distance from the rear property line. However lots are small, so disadvantage is having less privacy than if lots were larger. But window treatment applicant agreed to was reasonable. >Presumption on part of public is that by reviewing application and giving the application its due, presumption is that the Commission is already in support of application. However just by listening to the application neither indicates support or lack of support for an application. >There is no ordinance to protect privacy, but it is addressed individually with each application. Commissioner Bandrapalli made a motion to deny the request. There was no second. Page 5City of Burlingame Printed on 7/20/2015 October 27, 2014Planning Commission Meeting Minutes Commission discussion: >Did not appear to be objections to the change in the front window from round to square. >Would window film be an FYI to review later? (Gardiner: Could be a condition for the Commission to impose.) >Had assumed glass would be glue chip or frosted. Has not seen film, does not know if it would be acceptable. >Cannot add requirements after the fact. The approval did not specify how the glass would be obscured, and film a common practice – can’t tell the difference. Film was not mentioned in the approval, but also was not disallowed. Chair Bandrapalli re-opened the public hearing. Commission question to applicant: >Willing to install obscured window instead of filmed windows? (Mainini: The intended purpose of the film was to obscure the glass. It produces the same end effect, can’t tell the difference.) Chair Bandrapalli closed the public hearing. Commissioner Yie made a motion, seconded by Commissioner Terrones, to approve the Item with the following amended conditions: 1.Accept change in Front Elevation window from round to square. 2.Require the original approved windows on Left Elevation to be installed as approved shown on the plans approved by the Planning Commission date stamped August 14, 2013. 3.If film is used to obscure the windows it shall be brought back as an FYI, it shall provide two-way privacy, be permanent and maintained into perpetuity, and the condition remains irrespective to ownership. The motion carried by the following vote: Aye:Bandrapalli, DeMartini, Yie, Sargent, Terrones, and Gum6 - Absent:Loftis1 - b.2308 Hillside Drive, zoned R-1 – Application for Design Review and Special Permit for a new, two-story single family dwelling with an attached garage (Harumitsu Inouye, applicant and property owner Michael Ma, March Design, architect;) (65 noticed) Staff Contact: Kevin Gardiner All Commissioners had visited the property. Commissioner Bandrapalli reported she spoke with the neighbors. There were no other ex-parte communications to report. Planning Manager Gardiner presented the staff report. Commission comments/questions: >None Chair Bandrapalli opened the public hearing. Mike Ma (designer) and Hari Inouye (property owner) spoke as applicant: >Plans revised to respond to Commission’s comments in last meeting. >Is further proposing to add a side window in Bedroom #4. It would be a high window, spanning from 5 feet up to 7 feet, above eye level. >If there was a detached garage instead of the attached garage, would result in driving in and out Page 6City of Burlingame Printed on 7/20/2015 October 27, 2014Planning Commission Meeting Minutes past neighbor’s bedroom windows. Neighbors prefer garage as proposed. >Counted 19 two-door attached garages on Hillside Drive, from El Camino Real to the Fire Station at the top/City Limit line, excluding corner parcels. >Perhaps 7 additional if counting the corner houses. Additional Commission comments/questions: >None Public comments: > None Chair Bandrapalli closed the public hearing. Commission discussion/questions: > Window addition seems like a modest change but it has not been noticed. Could it be submitted as an FYI? (Gardiner: FYIs are not noticed. The only way to properly notice the neighbor would be to continue the item or have it come back as a Design Review Amendment.) Chair Bandrapalli re-opened the public hearing. >Neighbors have seen the plans and are in support of the project, but they have not seen the proposed additional window. (Inouye: Would prefer to drop the proposed window than have the application delayed further.) Chair Bandrapalli closed the public hearing. >Neighborhood does not have any mid -block attached two-car garages. It would dramatically change the look of the neighborhood and does not improve it. >Design guidelines have a definition of what a neighborhood is for determining what type of garage the project could have. In this neighborhood within a 1 or 2 block radius there are no front -facing two-car garages mid-block. Can’t make finding that it would fit in the neighborhood; is not in keeping with the other houses in the neighborhood. >Hillside is not so much a neighborhood as it is a boulevard. It can handle more variety than some of the interior blocks. >Benefit of attached garage is convenience, and a lot of people with detached garages do not park their cars in the garage. The garages as designed are split and nicely designed. >Difficult to back out of a long driveway given traffic on Hillside Drive. Makes it difficult for residents. >Neighborhood and street are varied in style, character and massing. May not have a number of attached two-car garages, but the details of this design such as separated doors make it a good application. Massing works nicely. Commissioner Terrones, seconded by Commissioner Yie, made a motion to approve as submitted, not including the window proposed at the meeting. Aye: 3 - Bandrapalli, Yie, and Terrones Nay: 3 - DeMartini, Sargent, and Gum Absent: 1 - Loftis Motion fails (a motion that fails to carry a majority fails) Further commission discussion: > Discussion previously focused on the roof pitch, columns, and details. If the dealbreaker was going to be the attached garage, in fairness to the applicant the Planning Commission should have made it more clear from the very beginning. > Attached garage was an issue in previous discussions. > When the project was approved previously with the attached two -car garage, had referred to a map Page 7City of Burlingame Printed on 7/20/2015 October 27, 2014Planning Commission Meeting Minutes prepared by the applicant, but the data was incorrect. > Not clear to all commissioners that the attached garage was not supportable. Commissioner Yie, seconded by Commissioner Terrones, made a motion to continue. The motion carried by the following vote: Aye:Bandrapalli, DeMartini, Yie, Sargent, Terrones, and Gum6 - Absent:Loftis1 - c.1908 Easton Drive, zoned R-1 - Application for a new, two -story dwelling and Special Permits for an attached garage, height, basement ceiling height, and exiting (Jesse Geurse, Geurse Conceptual Designs, designer and applicant; Scott and Brooke Hill, proerty owners) (56 noticed) Staff Contact: Erika Lewit All Commissioners had visited the property. There were no ex-parte communications to report. Planning Manager Gardiner presented the staff report. Commission comments/questions: >What is the rule for ceiling height in counting floor area? (Hurin: 12 feet or higher is counted twice.) Chair Bandrapalli opened the public hearing. Commission questions/comments: Jesse Geurse and Scott & Brooke Hill represented the applicants: >Reduced height by 1 foot, so majority of ridge is at or just above the 30 foot height limit. >Sloping lot and top of curb are the issue. >Did research and found ten examples of similar homes that received approval for heights over 30 feet – five within the last two years. Commission questions/comments: >Changes help it fit neighborhood better. >What will be in top of family room? (Geurse: Ceiling height will be 11’-11 1/2” or less. There will be storage accessed from Bedroom 4 above.) >Changes are subtle but noticeable. Proportions of windows and other elements are better. >Encroachment is modest, only the middle part of the roof. >Basement height and entrance will not adversely impact the neighborhood, neither will direct exit from basement. >Sloping lot presents circumstances for height. There are several other existing houses in the area with attached garages, also there is a long driveway so it is far back from the street, the slope minimizes the impact of garage, and the covered landing and porch mitigate the effect. Commissioner Sargent made a motion, seconded by Commissioner Gum, to approve the application. The motion carried by the following vote: Aye:Bandrapalli, DeMartini, Yie, Sargent, Terrones, and Gum6 - Absent:Loftis1 - d.1426 Burlingame Avenue, zoned BAC – Application for Variance for Required Business Access for a new retail space in an existing commercial building (Dale Meyer, Dale Meyer Associates, applicant and designer; Green Banker LLC, property owner) (44 noticed) Staff Contact: Kevin Gardiner Page 8City of Burlingame Printed on 7/20/2015 October 27, 2014Planning Commission Meeting Minutes All Commissioners had visited the property. Commissioner DeMartini reported that he had met with the applicant originally. There were no other ex-parte communications to report. Planning Manager Gardiner presented the staff report. There were no questions of staff. Dale Meyer represented the applicant: >Easement has been arranged to provide for use of exit. >In subdividing space did preliminary concepts with hallway down the middle (like Fox Mall) but no takers. Has not been able to find tenant until now. Commission questions/comments: >Why is easement not executed? (Meyer: The Wurlitzer property (the easement grantor) is run by a trust, with several signers. If approved tonight should be signed tomorrow.) Ron Karp spoke on this item: >In favor of applicant. >In opinion applicant does not need a variance. Commission comments/discussion: >Is variance required? (Gardiner: Easement is required for fire access regardless. Spaces at rear of the building have effectively been severed from the front and do not connect out to the street.) >Size of the building is an exceptional situation since it would be more difficult for each business to have access to the public street. >Some of the hardship was created by the property owner, however the building itself has challenges. >The space is in an area where there are a number of other business entrances operating in a similar fashion. >The variance is conditional on the easement being operational. Commissioner Yie made a motion, seconded by Chair Bandrapalli, to approve the application. The motion carried by the following vote: Aye:Bandrapalli, DeMartini, Yie, Sargent, Terrones, and Gum6 - Absent:Loftis1 - 9. DESIGN REVIEW STUDY a.1813 Ray Drive, zoned R-1 - Application for Design Review for a first and second story addition to an existing single family dwelling (Minerva Abad, MDA Design, applicant and designer; Yao Shengzhe and Liu Chang, property owners) (53 noticed) Staff Contact: Ruben Hurin The applicant was not in attendance. The item was continued to the November 10, 2014 Planning Commission meeting. b.1547 Vancouver Avenue, zoned R-1 - Application for Design Review for a first and second story addition to an existing single family dwelling and Conditional Use Permits for a recreation room and toilet and shower in an existing accessory structure (Julie Carlson, JCarlson Architectural Design, applicant, designer and property owner) (56 noticed) Staff Contact: Ruben Hurin Commissioner Yie was recused for non-statutory reasons. All Commissioners had visited the property. Commissioner Sargent reported he spoke with the neighbors at 1543 and 1540 Vancouver Avenue. There were no other ex -parte communications to Page 9City of Burlingame Printed on 7/20/2015 October 27, 2014Planning Commission Meeting Minutes report. Questions of staff: >Does the garage compliance include setback from the fence line? (Hurin: If located in the rear 40% of the lot detached structures are exempt from side setback requirements. A new detached structure would require a Special Permit, but because this is existing and not changing the building envelope a Special Permit is not required.) Julie Carlson represented the applicant. Commissioner questions/comments: >Concerned with roof form. Acts as second -floor mansard roof. Did you consider extending front roof form up vertically? Could then have second floor rooms come off as dormers and other pieces. (Carlson: Likes houses that are lower, but could consider. Roof has different pitches. If pitched from the side extension could get a peak.) Not as bad on front elevation, but on other sides looks like a truncated roof. >Extending roof may require Special Permit, but may be supported because working with existing conditions, Tudor style often has steeply -pitched roofs, often are very tall. Truncated mansard is not typical of the neighborhood. >Garage is an improvement – taking an existing non -permitted in-law unit and creating a functional garage. Carlson: Would it be OK to change front bedroom window from three casements to two? (Commissioners: Should be OK. This kind of change is not unusual.) >What will accessory structure be used for? (Carlson: Will be used as a bonus room. Bought house with full bath, but discovered it was not permitted.) >Seems like some of the character is being taken away in front. >Concerned about having recreation room and shower on the property line. Is neighbor at 1543 Vancouver Avenue familiar with proposal? (Carlson: Does not know, can talk to her.) >Special Permit for toilet and sink are acceptable, but shower would seem to encourage a use that goes beyond being a recreation room. Would be hard to justify. Commissioner Sargent made a motion, seconded by Vice Chair DeMartini, to place the item on the Regular Action Calendar when plans have been revised as directed. The motion carried by the following vote: Aye:Bandrapalli, DeMartini, Sargent, Terrones, and Gum5 - Absent:Loftis1 - Recused:Yie1 - c.1025 Cabrillo Avenue, zoned R -1 - Application for Design Review for a new, two -story single family dwelling and Conditional Use Permit for a bathroom in a detached accessory structure (James Chu, Chu Design and Engineering, designer and applicant; 1025 Cabrillo Burlingame LLC, property owner) (52 noticed) Staff Contact: Erika Lewit Commissioner Yie was recused from this item because she lives within 500 feet of the subject property. All Commissioners had visited the property. Commissioner DeMartini reported that he had met with the owner of 1015 Cabrillo Avenue. There were no other ex-parte communications to report. Questions of staff: None. James Chu (designer) and Michael Callan (landscape architect) represented the applicant: >Client has talked to neighbors. Majority seem to like project, except for neighbor to left. Page 10City of Burlingame Printed on 7/20/2015 October 27, 2014Planning Commission Meeting Minutes >Mitigate privacy concerns with tree planting. Commission questions/comments: >Has a consistent ring of second -floor plate all around. Massing looks like a two -story ring around the top, with just a few gestures and elements that are one -story. On sides it stretches out and looks very long. >Front elevation could have roof brought down, let dormer to right pop out. Would bring down overall height and help with massing. >Tudor revival style with brick is handsome, nicely detailed. >It’s a large lot, should look at if there is a way to shift the house over to allow more planting area along the driveway. Focus is towards the lush side of the creek but the left side is barren. (Chu: Driveway is 12 feet wide but code only requires 9’-6”, so there is plenty of room to add planting .)(Callan: Has talked to neighbors on both left and rear to have evergreen screening with Grecian laurels. 10 feet wide by 20-25 feet hight.)(Chu: There is only one bedroom window facing neighbor to left.) >How is the bathroom in the garage intended to be used? (Chu: Had thought about creating a swimming pool site in the back, so would be for the future owner to use if they had a pool.) >Concern garage could be converted into an illegal use in the future. Other uses would require a Conditional Use Permit or Special Permit with Planning Commission action. (Chu: Won’t happen since the house is required to have a 2-car garage. Not the intention to have unauthorized uses.) >House looks like a house from Hillsborough dropped into a small street in Burlingame. It is very massive, there are not a lot of houses that massive on Cabrillo, doesn’t fit in. \ >Design guidelines talk about not stacking floors and providing relief. Left elevation looks like it is doing what the design guidelines ask not to do. (Chu: There is a 60” redwood tree that helps with screening. Could also plant some trees along driveway.) >Oak trees have been pruned wrong. At this point OK to take out, but should have been pruned properly previously. >Which laurel trees harbor sudden oak disease? Is Grecian laurel OK? (Callan: Laurels can harbor sudden oak, but there are not oak trees on the property anymore. Could work with the arborist if there is another tree that would be preferable.) >Although the house is not currently occupied, needs to be maintained. Redwood is overgrown. >A large lot can support a large house if massed properly. The house across the street is a good example where massing is handled really well – does not look like a really large house. >Concerned about the height and the size of the windows and doors on the side. Consider obscured windows on the south side. Sally Downing, 1801 Carmelita Avenue spoke on this item: >Concern with massing. House is a north /south orientation. Once foliage comes out there will be privacy issues. Will just have one maple on the north side and a lot of north-facing windows. >Special corner of Burlingame, does not make sense to put that large of a house there. The lot is bigger, but has encroachment of creek. >Dormer windows on the side would help. >Bathroom in garage is a concern. Would not welcome conversion in the future. >Shed in back and debris is falling into the creek. >Wants landscaping that will limit water use and provide some privacy. Dan Griffin, 1015 Cabrillo Avenue spoke on this item: >Had submitted email with concerns. >Concern with noise and privacy, with cars driving up the driveway. >Very large and intrusive house. Chu: There is a lot of vegetation along the creek, can work with neighbor to minimize privacy intrusion . Neighbor also has a swimming pool on her lot. This house will not be seen from Carmelita since there is a house in between. Commission discussion/comments: >Is the 400 sq ft exemption for the detached garage factored in the total floor area? (Hurin: There can Page 11City of Burlingame Printed on 7/20/2015 October 27, 2014Planning Commission Meeting Minutes be a credit of 400 square feet for the garage.) >Massing needs to be addressed. House could fit into the neighborhood with changes. >Concerns with toilet in the accessory structure. Commissioner Sargent made a motion, seconded by Commissioner Gum, to bring the item back on the Regular Action Calendar when revised as directed. The motion carried by the following vote: Aye:Bandrapalli, DeMartini, Sargent, Terrones, and Gum5 - Absent:Loftis1 - Recused:Yie1 - 10. COMMISSIONER’S REPORTS 11. DIRECTOR REPORTS a.Commission Communications b.City Council Regular Meeting - October 20, 2014 >1600 Trousdale Drive was reviewed and the zoning amendment introduced. The application and zoning amendment will return on November 3rd with additional design refinements. >The Broadway Community Meeting on October 18th had more than 80 people in attendance. The survey will be open for one more week. Over 1100 survey responses have been received to date. A report to be made to the City Council in an upcoming meeting. c.FYI: 1529 Bernal Avenue – review of proposed changes to a previously approved Design Review Project. Accepted. 12. ADJOURNMENT Note: An action by the Planning Commission is appealable to the City Council within 10 days of the Planning Commission's action on October 27, 2014. If the Planning Commission's action has not been appealed or called up for review by the Council by 5:00 p.m. on November 6, 2014, the action becomes final. In order to be effective, appeals must be in writing to the City Clerk and must be accompanied by an appeal fee of $485, which includes noticing costs. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection during normal business hours at the Community Development/Planning counter, City Hall, 501 Primrose Road, Burlingame, California. Page 12City of Burlingame Printed on 7/20/2015 City of Burlingame Conditional Use Permit Address: 3155 Frontera Way Meeting Date: November 24, 2014 Request: Application for a Conditional Use Permit for a new wireless facility (antennas and equipment) on an existing residential apartment building. Applicant: Ashley Woods, Agent for Verizon Wireless APN: 025-320-210 and -220 Property Owner: EQR Skyline Terrace LP Lot Area: 29,316 SF (APN: 025-320-210) Architect: V-One Design Group, Inc. 147,122 SF (APN: 025-320-220) General Plan: Low Density Residential Zoning: R-1 Background: The Wireless Communications Ordinance was adopted by the City Council on February 6, 2012 (Chapter 25.77 – Wireless Communications Facilities is attached for review). The purpose of this ordinance is to maintain and more importantly, to facilitate modernization of Burlingame’s communications infrastructure in a manner that improves the quality of the City’s environment, the pleasant aesthetics of the City’s neighborhoods, the City’s architectural traditions dating to the early 20th century and the visual quality in the non-residential areas of the City. More specifically, the purpose of this ordinance is to regulate, as allowed by state and federal law and regulations, the location of communications facilities in the City of Burlingame in a manner that recognizes the community benefits of communications technology, which provides clear guidance to the communications industry but also recognizes the strong need to preserve the City’s aesthetic traditions. Site Description: The site is located along the city limits between Burlingame and Millbrae. It is surrounded by multifamily and single family residential uses and is bounded by Trousdale Drive, Frontera Way and Highway 280. The subject property contains two, three-story multifamily residential apartment buildings (3133 and 3155 Frontera Way). The development is considered to be nonconforming because it is a multifamily residential use in an R-1 zone (single family dwelling). In 1964, the City Council granted a variance to construct the apartment buildings in a single family dwelling zone (R-1). Project Description: The applicant, Ashley Woods, agent for Verizon Wireless, is requesting approval of a Conditional Use Permit to install a new wireless communications facility (wireless facility) on an existing residential apartment building at 3155 Frontera Way. An application for a Conditional Use Permit is required for any new wireless communication facility where co-location is not proposed). The proposed wireless facility consists of the following components:  Five (5) panel antennas on existing stairwell walls (three antennas on the south wall and two antennas on the west wall).  Six (6) radio remote units (RRU’s) (equipment associated with the panel antennas) on the inside face of a stairwell wall (see Antenna Plan on sheet A-2).  A pre-fabricated equipment enclosure (12’ x 18’) located on the ground behind the parking area. The enclosed equipment shelter would house equipment cabinets for the wireless facility, an emergency generator and other associated equipment necessary for the wireless facility (see Lease Area Enlargement and Elevation on sheets A-2 and A-6).  Power and fiber lines between antennas and equipment, located underground and in a cable tray. EQR Skyline Terrace LP owns the subject property containing the apartment buildings (APN: 025-320-220), as well as a smaller vacant parcel south of the site along Trousdale Drive and Highway 280 (APN: 025-320-210). The proposed antennas would be located on the main parcel and the equipment enclosure would be located on the vacant parcel. Item No. 6a Study Item Conditional Use Permit 3155 Frontera Way 2 The applicant notes that “the development of this facility will further enhance Verizon’s Northern California wireless network by allowing its customers seamless access to Verizon’s nationwide network of services”. For more detailed information about the proposed project and why this location was chosen, please refer to the attached Project Description submitted by the applicant, date stamped October 8, 2014. Panel Antennas and Radio Remote Units: A total of five (5) panel antennas are proposed to be mounted on the exterior walls of an existing stairwell, located on the west side of the building; three antennas on the south wall and two antennas on the west wall. The proposed antennas would be concealed in stealth structures, comprised of screening panels designed and painted to match the concrete building wall. The stealth panel along the west wall measures 6’-9” tall x 8’-8” wide and measures 43’-0” above grade to its highest point; the stealth panel along the south wall measures 8’-9” tall x 18’-4” wide and measures 45’-0” above grade to its highest point. To show how the proposed stealth panels would screen the panel antennas, the applicant provided existing and proposed photo simulations from three viewpoints (see attached). A total of six (6) radio remote units (RRU’s) (equipment necessary for the panel antennas) are proposed to be installed on the inside face of the stairwell wall and therefore would not be visible to the public (see Antenna Plan on sheet A-2). Equipment Shelter and Power/Fiber Lines: The project also includes installing a pre-fabricated equipment enclosure (12’ x 18’) located at-grade behind the parking area. Currently, this is a flat area consisting of soil and is not being used by the apartment development. The proposed 8’-0” tall enclosure would consist of slatted chain link fencing and would house equipment cabinets, an emergency generator and other associated equipment necessary for the wireless facility (see Lease Area Enlargement and Elevation on sheets A-2 and A- 6). There are no existing trees to removed or new trees proposed to be planted in the area of the proposed enclosure. In addition, no existing parking spaces would be eliminated as part of this application. All associated power and fiber lines for the wireless facility will be run underground and then up the building wall by way of a cable tray along the south side of the stairwell, painted to match the building. Public Outreach: Pursuant to the City’s ordinance, the applicant is encouraged to perform an early stage outreach with residents and property owners near the proposed wireless facility in order to address and, if possible, resolve any impacts of the proposed facilities on the surrounding neighborhood. The applicant notes that an open house informational meeting was held on September 11, 2014 at the site in the Social Room of the apartment building (see attachments provided by the applicant). Emails were sent to residents of the apartment building two weeks in advance of the meeting and fliers were posted on doors and elevators the week of the meeting. The applicant reports that the property owner and one resident attended the meeting. Radio Frequency Study: An evaluation of the proposed wireless facility was prepared by Hammett & Edison, Inc., Consulting Engineers, dated June 26, 2014, for compliance with appropriate guidelines limiting human exposure to radio frequency (“RF”) electromagnetic fields (see attached full report). The report concluded that operation of the proposed base station “can comply with the prevailing standards for limiting public exposure to radio frequency energy and, therefore, need not for this reason cause a significant impact on the environment”. Intentionally left blank. Conditional Use Permit 3155 Frontera Way 3 Location Preference Order: The City’s ordinance requires that in determining the location of proposed wireless communication facilities, applicants should use best efforts to comply with the location preference order listed below. Wireless communication facilities must be located where feasible in the locations listed below by descending priority. If applicable, the applicant shall include an explanation of the reason that the proposed facilities cannot be deployed at a higher-preference location (please refer to the attached Project Description submitted by the applicant for reasons this location was chosen). 1) Locations within Non-Residential Zoning Districts, which are more than five hundred (500) feet from Residential Zoning Districts or the Burlingame Downtown Districts and which are not within the Burlingame Downtown Districts. 2) Non-Residential Zoning Districts within five hundred (500) feet of Residential Zoning Districts or the Burlingame Downtown Districts, and the Burlingame Downtown Districts. 3) Residential Zoning Districts. If located within a residential zoning district, the following guidelines apply:  Integrated into non-residential uses (libraries, churches, temples, etc.) or designed to blend in with open space (playing fields, parking lots, parks, etc.); hidden from view by means of stealth design, stealth structures, architectural integration or screening.  Co-located in existing wireless communications facilities which are in compliance with the provisions of this chapter.  In public right-of-way, within new light poles with interior stealth installations of cabling and antennae, and to the extent feasible, control equipment.  In public right-of-way, on existing utility or light poles, with all ancillary equipment either underground, if feasible, camouflaged, screened or painted to blend into the surrounding structure. Design Criteria: The goal of the City’s regulations is to reduce to the greatest extent possible all visual impacts resulting from the installation of wireless communications facilities. Stealth design and stealth structures for these facilities shall be considered the normal standard for all wireless communications facilities. Non-stealth designs and structures shall not be approved without evidence, independently verified, that it is not possible (using best efforts by applicant) to stealth such facilities. Applications shall be reviewed to determine compliance with the following criteria. If the applicant’s proposed facility cannot comply with the following criteria, the application shall include a detailed explanation of why it is not reasonably feasible to comply with the criteria (please refer to the attached Project Description submitted by the applicant for an explanation of why some criteria are not met). (a) Wireless communication facilities should be co-located where feasible and where the co-location does not create an adverse aesthetic impact due to such factors as increasing the bulk, the height or the amount of noise created by the proposed co-located facilities. (b) Wireless communication facilities should to the greatest extent feasible, not be located in Residential Zoning Districts. (c) Wireless communication facilities should be designed, located and constructed in a manner that minimizes visual and auditory impacts of the facilities. The wireless communication facilities shall blend into the surrounding environment and/or shall be architecturally integrated into a structure, considering the color, design and character of the surrounding context (e.g., public art, clock towers, flagpoles, trees/vegetation, rocks, water tank, existing office/industrial buildings, and church steeples). Specifically, the proposed facilities shall comply, to the greatest extent feasible, with the following: (1) The facilities should be concealed, screened or camouflaged by the surrounding topography, vegetation, buildings, or other setting. Conditional Use Permit 3155 Frontera Way 4 (2) The facilities should be proportional in size relative to surrounding and supporting structures and ability for co-location by other providers. (3) Roof-mounted facilities should be, out of view and screened; these facilities shall be set back at least one foot from the edge of the roof for every one foot of antenna height and shall not exceed ten (10) feet in height above the roof surface. (4) Wall-mounted facilities should be compatible in scale and design with the building, shall be flush mounted, i.e., not extending from the face of the building more than twenty-four (24) inches and shall be painted and/or textured to match the wall of the building. All cables and brackets, wires, shall also be hidden. (5) All facilities should be constructed of graffiti-resistant materials. (6) All concealing, screening, painting, camouflaging and/or use of stealth designs and stealth structures should be consistent with Section 25.77.010 (Purpose) including, but not limited to, promoting wholesome, attractive, harmonious and economic use of property, building construction, civic service, activities and operations in conformity with and preserving the overall aesthetics of City neighborhoods including its character and its century old architectural traditions. (d) Where applicable, appropriate landscaping should be installed in and around the proposed wireless communication facilities. (e) Any exterior lighting on the facilities should have a manual on/off switch and be contained on-site. (f) Ground equipment of the facilities should be concealed, screened, camouflaged or hidden using stealth design, stealth structures, underground installation or landscaping and fencing. (g) Signage in, on or near any facilities should be prohibited with the exception of warning and informational signs, which shall be designed with minimal aesthetic impact. (h) Wireless communication facilities should be discouraged in areas subject to the City’s hillside construction permit as designated in Section 25.61.010; if facilities cannot be avoided in the hillside areas, then visual impacts should be eliminated through stealth design, stealth structures and landscaping. (i) Support wires for structures should be discouraged. (j) The wireless communication facilities should be designed to discourage unauthorized access. Findings for a Conditional Use Permit: In order to grant a Conditional Use Permit, the Planning Commission must find that the following conditions exist on the property (Code Section 25.52.020, a-c): (a) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience; (b) The proposed use will be located and conducted in a manner in accord with the Burlingame general plan and the purposes of this title; (c) The planning commission may impose such reasonable conditions or restrictions as it deems necessary to secure the purposes of this title and to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general vicinity. Staff Comments: See attached memos from the Parks and Stormwater Divisions. The Building, Fire and Engineering Divisions had no comment on the proposed application. Conditional Use Permit 3155 Frontera Way 5 Ruben Hurin Senior Planner c. Ashley Woods, applicant Attachments: Chapter 25.77 – Wireless Communications Facilities Application to the Planning Commission Conditional Use Permit Application Project Description, date stamped October 8, 2014 Photo Simulations Proof of Outreach Evaluation of Base Station, prepared by Hammett & Edison, Inc., Consulting Engineers, dated June 26, 2014 Coverage Maps Existing and Proposed Facility Maps Staff Comments Notice of Public Hearing – Mailed November 14, 2014 Aerial Photo City of Burlingame Conditional Use Permit and Parking Variance Address: 1327 Marsten Road Meeting Date: November 24, 2014 Request: Application for Conditional Use Permit and Parking Variance for automobile sales within an existing commercial building. Applicant: Enrique Pelaez Jr. APN: 026-133-020 Property Owner: John T. Michael, RWR Properties Inc. Lot Area: 4,862 SF Designer: Dale Meyer, Dale Meyer Associates Zoning: RR General Plan: Industrial Uses: Industrial & Office Use Previous Use: Automobile repair facility. Proposed Use: Indoor automobile sales facility enclosed within a warehouse structure with no outdoor vehicle display areas. Allowable Use: Conditional Use Permit required for automobile sale within a warehouse structure. Environmental Review Status: The project is Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per Section 15301, which states that existing facilities, consisting of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination are exempt from environmental review. Project Description: The applicant, Infinite Auto Group, currently operates an automobile repair business in a 1,950 SF space located at 1327 Marsten Road, zoned RR. With this application, the applicant would like to change the use within the space to automobile sales. Code section 25.44.030 (d) requires a conditional use permit for automobile sales businesses that are wholly enclosed within a warehouse structure with no outdoor automobile display area. In his letter date stamped September 5, 2014, the applicant notes that Infinite Auto Group “will be running an owner operated small, low volume low inventory automobile dealership”. The dealership specializes in modern day classics to traditional classic cars. The dealership focuses on a specific market which allows them to be largely an internet based business with most viewing occurring by appointment only. For additional information about the business, please refer to the attached letter of explanation provided by the applicant. Within the tenant space, the existing office area (157 SF) would continue to be used as office and the remaining warehouse space (1,793 SF) would be used as an automobile showroom. The proposed floor plan indicates that up to five vehicles will be displayed inside the warehouse; a sixth parking space will be dedicated for employee parking. Any service required to the vehicle will be outsourced, so there will be no auto repair or detailing done on these premises. There are no changes proposed to the interior or exterior of the building. The applicant is requesting the following applications:  Conditional Use Permit for indoor automobile sales within a warehouse structure with no outdoor vehicle display areas (Code Section 25.44.030 (d)); and  Parking Variance to allow a vehicle to back onto Marsten Road to exit the property (Code Section 25.70.025 (b) (3)). Currently, the site is nonconforming in parking. The use within the tenant space is being intensified from automobile repair to an automobile showroom. Additional parking is required on-site for the intensification of use. Based on the existing uses (157 SF of office and 1,793 SF of automobile repair), a total of three parking spaces are currently required on site. Based on the proposed uses (157 SF of office and 1,793 SF of showroom Item No. 7a Consent Calendar Conditional Use Permit and Parking Variance 1327 Marsten Road 2 area), a total of four parking spaces would be required. Therefore, one additional parking space is required for the intensification of use. The applicant is proposing to provide the one additional parking space within the warehouse space; this space could be used for either employee or customer parking. However, a Parking Variance would need to be granted to allow a vehicle to back onto Marsten Road to exit the property (Code Section 25.70.025 (b) (3)). Planning staff would note that in 2004 the Planning Commission granted a Variance for vehicles backing onto Marsten Road for an automobile repair business at 1315-1317 Marsten Road. At that time, the issue of backing onto Marsten Road was reviewed by the City’s Traffic Engineer who noted that he did not have a concern with it as this is a common occurrence in the area and there hasn’t been any resulting safety or congestion issues reported. Since the 2004 approval, the City’s Traffic Engineer notes that there were two accidents in the area, but neither was caused by vehicles backing onto Marsten Road. The hours of operations will be Monday through Friday from 9:00 a.m. to 6:00 p.m. and on weekends by appointment only. The business will have one to two employees and one to four customers visiting the site per day. The maximum number of persons expected on site at any one time is six. 1327 Marsten Road Lot Area: 4,862 SF Plans date stamped: October 29, 2014 Existing Proposed Required Use: office/warehouse (previously automobile repair) (1,950 SF) indoor automobile sales within a warehouse structure with no outdoor vehicle display areas ¹ (1,950 SF) conditional use permit required for indoor automobile sales within a warehouse structure with no outdoor vehicle display areas Off-Street Parking: 0 spaces 1 space 1 additional parking space required for intensification of use from auto repair to auto sales Vehicle Egress: n/a Vehicle in new on-site parking space will back onto Marsten Road ² Egress onto Marsten Road shall be in the forward direction ¹ Conditional Use Permit for indoor automobile sales within a warehouse structure with no outdoor vehicle display areas. ² Parking Variance to allow a vehicle to back onto Marsten Road to exit the property (Code Section 25.70.025 (b) (3)). Staff Comments: Planning staff determined that since the envelope of the existing building is not being changed and no additional square footage is proposed within the warehouse space, this application is not subject to the current on-site landscaping requirements. See attached memos from the Chief Building Official, Fire Marshal and City Engineer. Design Review Study Meeting: At the Planning Commission design review study meeting on November 10, 2014, the Commission discussed the proposed application with the applicant and voted to place this item on the consent calendar (please refer to the attached November 10, 2014 Planning Commission minutes). There was no additional information requested of the applicant. Conditional Use Permit and Parking Variance 1327 Marsten Road 3 Findings for a Conditional Use Permit: In order to grant a Conditional Use Permit, the Planning Commission must find that the following conditions exist on the property (Code Section 25.52.020, a-c): (a) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience; (b) The proposed use will be located and conducted in a manner in accord with the Burlingame general plan and the purposes of this title; (c) The planning commission may impose such reasonable conditions or restrictions as it deems necessary to secure the purposes of this title and to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general vicinity. Findings for a Conditional Use Permit: Based on the fact that the proposed automobile sales facility will operate indoors within an existing commercial building with no outdoor display area and no changes to the building envelope, that the vehicle showroom area will be limited to five vehicles and that the proposed business anticipates having no more than one to two employees and one to four customers visiting the site per day, the proposed use will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience. Therefore, the proposed use is found to be compatible with the required findings for a conditional use permit. Required Findings for Variance: In order to grant a variance the Planning Commission must find that the following conditions exist on the property (Code Section 25.54.020 a-d): (a) there are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the same district; (b) the granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship; (c) the granting of the application will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience; and (d) that the use of the property will be compatible with the aesthetics, mass, bulk and character of existing and potential uses of properties in the general vicinity. Findings: Based on the fact that the subject property as it currently exists is nonconforming in off-street parking and there is no expansion proposed to the envelope of the building, that granting the parking variance for backing onto a public right-of-way (Marsten Road) is necessary for the use of a proposed off-street parking space and prevents demolition of a portion of the existing building in order to provide an on-site back-up area for the newly added parking space, that granting of the parking variance for vehicles backing onto Marsten Road will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience because it is a common occurrence in the area and there hasn’t been any resulting safety or congestion issues reported, the application is found to be compatible with the variance criteria listed above. Conditional Use Permit and Parking Variance 1327 Marsten Road 4 Planning Commission Action: The Planning Commission should conduct a public hearing on the application, and consider public testimony and the analysis contained within the staff report. Action should include specific findings supporting the Planning Commission’s decision, and should be affirmed by resolution of the Planning Commission. The reasons for any action should be stated clearly for the record. At the public hearing the following conditions should be considered: 1. that the project shall be built as shown on the plans submitted to the Planning Division and date stamped October 29, 2014, sheets P1 through P3; 2. that vehicles for sale may not be displayed outdoors or in any required on-site parking spaces, driveways, drive aisles or fire lanes; and 3. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2013 Edition, as amended by the City of Burlingame. Ruben Hurin Senior Planner c. Enrique Pelaez Jr., applicant Dale Meyer, Dale Meyer Associates, designer Attachments: November 10, 2014 Planning Commission Minutes Application to the Planning Commission Explanation Letter, date stamped September 5, 2014 Conditional Use Permit Application Variance Application Commercial Application Staff Comments Planning Commission Resolution (Proposed) Notice of Public Hearing – Mailed November 14, 2014 Aerial Photo BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 City of Burlingame Meeting Minutes Planning Commission 7:00 PM Council ChambersMonday, November 10, 2014 a.1327 Marsten Road, zoned RR - Application for Conditional Use Permit and Parking Variance for automobile sales within an existing commercial building (Enrique Pelaez Jr., applicant; Dale Meyer Associates, designer; John T. Michael, RWR Properties Inc., property owner) (21 noticed) Staff Contact: Ruben Hurin All commissioners visited the site. Commissioner DeMartini reported that he met with the applicant and toured the property. There were no other ex parte communications. Senior Planner Hurin presented the staff report. There were no questions of staff. Dale Meyer represented the applicant, and Enrique Pelaez Jr represented the owner: >No work planned to the building itself. Removing auto repair portion of the business, and keeping the building as it is. Questions: >Will the parking space be used? (Meyer: 1 or 2 will be there to operate business. They will likely arrive together and will park in the space. Most people coming to look at the cars will have an appointment, so either the owner or the visitor will park outside.) >Where will they park on street if all the other businesses are using the street spaces? (Meyer: Will need to park down the street. There are five spaces on site, but not all may be filled with inventory.) >How does the buyer take delivery? (Pelaez: Will take delivery on site, at the location. As they make the appointment, will bring the car out front so don’t need to shuffle cars around.) Public comments: None Commissioner comments: >Straightforward application. >Will not be any detriment to neighborhood. >Site is built out so there is nowhere to put more on -site parking, so any application requiring discretionary review would require a parking variance. >No safety issues. Commissioner Sargent made a motion, seconded by Commissioner Yie, to place the application on the Consent Calendar when ready. The motion carried by the following vote: Aye:Bandrapalli, DeMartini, Yie, Loftis, Sargent, Terrones, and Gum7 - Page 1City of Burlingame Printed on 11/20/2014 Secretary RESOLUTION APPROVING CATEGORICAL, CONDITIONAL USE PERMIT AND PARKING VARIANCE RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a Categorical Exemption has been prepared and application has been made for a Conditional Use Permit and Parking Variance for automobile sales within an existing commercial building at 1327 Marsten Road, Zoned RR, John T. Michael, P.O. Box 538, Cupertino, CA, 95015, property owner, APN: 026-330-020; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on November 24, 2014, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that: 1. On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this Commission, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, and categorical exemption, per CEQA Section 15301, which states that existing facilities, consisting of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination are exempt from environmental review, is hereby approved. 2. Said Conditional Use Permit and Parking Variance are approved subject to the conditions set forth in Exhibit “A” attached hereto. Findings for such Conditional Use Permit and Parking Variance are set forth in the staff report, minutes, and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. Chairman I, _____________ , Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 24th day of November, 2014, by the following vote: EXHIBIT “A” Conditions of Approval for Categorical Exemption, Conditional Use Permit and Parking Variance. 1327 Marsten Road Effective December 4, 2014 1. that the project shall be built as shown on the plans submitted to the Planning Division and date stamped October 29, 2014, sheets P1 through P3; 2. that vehicles for sale may not be displayed outdoors or in any required on-site parking spaces, driveways, drive aisles or fire lanes; and 3. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2013 Edition, as amended by the City of Burlingame. City of Burlingame Design Review and Conditional Use Permit Address: 1025 Cabrillo Avenue Meeting Date: November 24, 2014 Request: Design review for a new, two-story house and a Conditional Use Permit for a new, detached garage with a half bathroom. Ap plicant and Designer): James Chu, Chu Design and Engineering APN: 026-184-020 Property Owner: 1025 Cabrillo Burlingame LLC Lot Area: 11,239 General Plan: Low Density Residential Zoning: R-1 Environmental Review Status: The project is Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per Section 15303 (a) of the CEQA Guidelines, which states that construction of a limited number of new, small facilities or structures, including one single-family residence, or a second dwelling unit in a residential zone, is exempt from environmental review. In urbanized areas, this exemption may be applied to the construction or conversion of up to three (3) single-family residences as part of a project. Project Description: The subject site is an irregularly-shaped lot with 70 feet of frontage on Cabrillo Avenue. The width of the lot increases to 100 feet at the rear of the parcel. Sanchez Creek runs along the right side of the property. The applicant is proposing to demolish the existing single-family dwelling and accessory structures on site. A new, two-story single-family dwelling with a detached garage is proposed on the site. The proposed floor area of the dwelling and the detached garage is 5,086 SF (0.45 FAR) where a maximum of 5,096 (0.45) FAR is allowed. The proposed project is within 1% if of the maximum allowable floor area. The applicant submitted an arborist report date stamped September 9, 2014, from Kielty Arborist Services. There are five protected-size trees on the site (numbered 3, 4, 6, 7, and 8 on Sheet A.2). The applicant is proposing to remove the two Oak trees that are on site (numbers 4 and 7). The Parks Division received a Protected Size Tree Removal Permit for these trees (see attached permit application, date stamped October 7, 2014). In the October 10, 2014 Project Comments, the Parks Division notes that the Tree Removal Permit will be approved and the trees can be removed only after the plans for the project are approved by the Planning Commission and the ten day appeal period has ended. Three existing protected-size trees will remain on site, two Redwood trees and a Black Acacia tree, and the arborist report details protection measures for these trees during demolition and construction. The applicant is proposing a two-story house with 6 bedrooms. Two covered parking spaces and one uncovered parking space are required for a 6-bedroom house. A detached garage is proposed at the rear, left side of the property and provides two covered parking spaces (20' x 20'). There is a single uncovered parking space in the driveway leading to the garage (9' x 20'). A conditional use permit is requested for a toilet in an accessory structure. There is a 76 SF space (12'-0" x 6'- 4") proposed at the right side of the detached garage, adjacent to the backyard. This space will contain a 36 SF half bathroom with a toilet and a sink and a 40 SF storage space. The applicant is not proposing a shower in the detached accessory structure; any changes to the structure in the future to accommodate a shower or uses other than parking and a half bathroom would require permits and be subject to all current Planning and Building Code requirements, and any unauthorized changes would be subject to code enforcement action. All other Zoning Code requirements have been met. The applicant is requesting the following applications:  Design Review for construction of a new, single-family residence (C.S.25.57.010(a)(1)); and  Conditional Use Permit for an accessory structure that will contain a toilet (C.S.25.60.010(j)). Item No. 8b Regular Action Design Review and Conditional Use Permit 1025 Cabrillo Avenue -2- 1025 Cabrillo Avenue Lot Area: 11,239 SF Plans date stamped: November 6, 2014 PROPOSED ALLOWED/REQ'D SETBACKS Front (1st flr): (2nd flr): 25'-0" 25'-0" 24'-4" (is the block average) 24'-4" Side (left): (right): 12'-0" 26'-6" 7'-0" 7'-0" Rear (1st flr): (2nd flr): 31'-6" 34'-6" 15'-0" 20'-0" Lot Coverage: 3,145 SF 28% 4,496 SF 40% FAR: 5,086 SF 0.45 FAR 5,096 SF 1 0.45 FAR # of bedrooms: 6 --- Parking: 2 covered (20' x 20') 1 uncovered (9' x 20') 2 covered (20' x 20') 1 uncovered (9' x 20') Height: 30'-0" 30'-0" DH Envelope: complies CS 25.26.075 Conditional Use Permit for Accessory Structure: Toilet and sink proposed in the detached garage CS 25.60.010(j) 2 ¹ (0.32 x 11,239 SF) + 1100 SF + 400 SF = 5,096 SF (0.46 FAR). 2 Conditional Use Permit for a toilet in an accessory structure (CS 25.60.010(j)). Staff Comments: See attached memos from the Chief Building Official, Fire Division, Engineering Division, Parks Division, and Stormwater Division. Design Review Study Meeting: At the Planning Commission Design Review Study meeting on October 27, 2014 the Commission had comments and suggestions regarding the design of the house and the proposed half bathroom in the garage (refer to the October 27, 2014 Planning Commission Minutes for a complete list of comments) and voted to place this item on the regular action calendar when all information has been submitted and reviewed by the Planning Division. The applicant submitted a response letter dated November 10, 2014, and revised plans date stamped November 4, 2014, to address the concerns of the Planning Commission and the neighbors to the right and left of the subject property. The applicant also submitted two emails sent to the neighbor at 1015 Cabrillo Avenue, to the left of the subject property (see attachments). Staff would note that while the design details and the landscaping for the proposed project have been revised by Design Review and Conditional Use Permit 1025 Cabrillo Avenue -3- the applicant, these revisions did not result in any substantial changes to the setbacks and other measurable standards shown in the table above; therefore, the table does not include the customary “Previously Proposed" column of data from the plans reviewed at the Design Review Study hearing. Design Review Criteria: The criteria for design review as established in Ordinance No. 1591 adopted by the Council on April 20, 1998 are outlined as follows: 1. Compatibility of the architectural style with that of the existing character of the neighborhood; 2. Respect for the parking and garage patterns in the neighborhood; 3. Architectural style and mass and bulk of structure; 4. Interface of the proposed structure with the structures on adjacent properties; and 5. Landscaping and its proportion to mass and bulk of structural components. Findings for a Conditional Use Permit: In order to grant a Conditional Use Permit, the Planning Commission must find that the following conditions exist on the property (Code Section 25.52.020, a-c): (a) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience; (b) The proposed use will be located and conducted in a manner in accord with the Burlingame general plan and the purposes of this title; (c) The planning commission may impose such reasonable conditions or restrictions as it deems necessary to secure the purposes of this title and to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general vicinity. Planning Commission Action: The Planning Commission should conduct a public hearing on the application, and consider public testimony and the analysis contained within the staff report. Action should include specific findings supporting the Planning Commission's decision, and should be affirmed by resolution of the Planning Commission. The reasons for any action should be stated clearly for the record. At the public hearing the following conditions should be considered: 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped November 6, 2014, sheets A.1 – A.7, N.2, L1.0 and L2.0 and Boundary Survey and Topographic Map; 2. that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staff); 3. that any changes to the size or envelope of the first or second floors, or garage, which would include adding or enlarging a dormer(s), shall require an amendment to this permit; 4. that if the detached garage with a half bathroom accessory structure is demolished or the envelope or the approved uses are changed at a later date, the Conditional Use Permit granted must be amended as required by the current Municipal Code requirements; Design Review and Conditional Use Permit 1025 Cabrillo Avenue -4- 5. that the conditions of the Engineering Divisions September 9, 2014 memo, the Building Division's August 29 and October 7, 2014 memos, the Fire Division's August 28, 2014 memo, the Parks Division's September 2 and October 10, 2014 memos, and the Stormwater Divisions September 4 and October 9, 2014 memos shall be met; 6. that any recycling containers, debris boxes or dumpsters for the construction project shall be placed upon the private property, if feasible, as determined by the Community Development Director; 7. 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; 8. 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; 9. 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 tree protection measures are installed on site for any protected-size tree shown in the plans to remain on site, and these measures are inspected and approved by the Parks Supervisor; any protected-size tree that is proposed to be removed, or that is damaged and must be removed as a result of demolition or construction, will require a Protected Tree Permit and may require further Planning Division or Planning Commission review; 10. that in the event any protected-size tree shown to remain on site in the approved plans will have roots cut during the demolition, excavation, or construction process, a Certified Arborist is required to be on site to monitor and approve any roots over 4 inches that are proposed to be cut; 11. that prior to issuance of a building permit for demolition or construction of the project, the project construction plans shall be modified to include a cover sheet and a landscape plan that list the Kielty Arborist report, date stamped September 9, 2014, and recommendations; 12. that the Protected-size trees shown to be removed on the approved plans can be removed only after the plans for the project are approved by the Planning Commission, the ten day appeal period has ended, and the Protected Tree Removal Permit has been issued; 13. 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; 14. 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; 15. 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; 16. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2013 Edition, as amended by the City of Burlingame; Design Review and Conditional Use Permit 1025 Cabrillo Avenue -5- THE FOLLOWING CONDITIONS SHALL BE MET DURING THE BUILDING INSPECTION PROCESS PRIOR TO THE INSPECTIONS NOTED IN EACH CONDITION: 17. that prior to scheduling the framing inspection the applicant shall provide a certification by the project architect or residential designer, or another architect or residential design professional, that demonstrates that the project falls at or below the maximum approved floor area ratio for the property; 18. 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; 19. 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; 20. 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 Division; and 21. that prior to final inspection, Planning Division 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. Erika Lewit Senior Planner c. James Chu, applicant Attachments: Applicant's Response to Commission's comments, dated November 10, 2014 Minutes from Design Review Study Meeting of October 27, 2014 Email from neighbor at 1015 Cabrillo Avenue, date stamped October 27, 2014 (3 pages) Email from applicant/ architect to neighbor at 1015 Cabrillo Avenue, dated November 4, 2014 (1 page) Email from landscape architect to neighbor at 1015 Cabrillo Avenue, dated November 10, 2014 (1 page) Application to the Planning Commission Conditional Use Permit Kielty Arborist Report, date stamped September 9, 2014 Protected Tree Removal Permit for 2 Oak trees on site, date stamped October 7, 2014 Staff Comments Planning Commission Resolution (Proposed) Notice of Public Hearing – Mailed November 14, 2014 Aerial Photo City of Burlingame Amendment to Design Review Address: 1435 Benito Avenue Meeting Date: November 24, 2014 Request: Application for Amendment to Design Review for as-built changes to a previously approved new, two-story single family dwelling and detached garage. Applicant and Designer: Jack McCarthy Designer, Inc. APN: 027-182-130 Property Owner: Kieran Woods Lot Area: 5796 SF General Plan: Low Density Residential Zoning: R-1 Environmental Review Status: The project is Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per Section 15303 (a) of the CEQA Guidelines, which states that construction of a limited number of new, small facilities or structures, including one single-family residence, or a second dwelling unit in a residential zone, is exempt from environmental review. In urbanized areas, this exemption may be applied to the construction or conversion of up to three (3) single-family residences as part of a project. History and Proposed Amendment to Design Review: A One Year Extension of an approved Design Review application and Special Permits for building height and basement ceiling height for a new, two-story single family dwelling and detached garage at 1435 Benito Avenue, zoned R-1, was approved by the Planning Commission on June 10, 2013 (see attached June 10, 2013 Planning Commission Meeting Minutes). Planning staff would note that the property owner decided not to build the basement prior to submitting for a building permit. A building permit was issued in January 2014 and construction is complete. An application for FYI for changes to the material and configuration of the originally approved landscaping and drystack stone retaining wall at the rear of the property was approved by the Planning Commission in August 2014. The applicant is now requesting an Amendment to Design Review for the as-built changes listed below. Please refer to the attached letter submitted by the project designer, dated November 4, 2014, for a complete detailed explanation of the as-built changes. Staff would note that these changes were called up for review by the Planning Commission after being presented as an FYI application on November 10, 2014. In summary, the changes include the following: Window Sills: 1. Shape and material of windows sills does not match approval. Front Elevation: 1. Door and sidelight design does not match approval. 2. Opening at front entry does not match approval (stucco wall/beam across top of opening extends down further than what was approved). 3. Simulated stone band is missing on second floor cantilever along right side of house. Right Side Elevation: 1. Simulated stone band is missing on second floor cantilever along right side of house. 2. Column at family room porch is missing (instead of installing a porch, space between family room and column was filled in by extending the stucco wall along right side of house). Item No. 8c Action Item Amendment to Design Review 1435 Benito Avenue 2 Rear Elevation: 1. Simulated stone band is missing on second floor cantilever along rear of house. Landscaping: 1. Walkway and landing at front entry is concrete instead of approved stone walkway. 2. Area along left side of house is concrete instead of granite fines path with vines. Project Description (based on original approval): The application included demolishing an existing one- story house with an attached garage to build a new, two-story single family dwelling and detached one-car garage. The new house and detached garage has a total floor area of 3,145 SF (0.54 FAR) where 3,221 SF (0.55 FAR) is the maximum allowed. Two parking spaces, one of which must be covered, were required for the four-bedroom house (study room on first floor and retreat on second floor do not qualify as bedrooms). The detached garage provides one covered parking space and there is one uncovered parking space (9' x 20') provided in the driveway. The following applications were approved by the Planning Commission on June 10, 2013:  Design Review for a new, two-story single family dwelling and detached garage (CS 25.57.010);  Special Permit for building height (30'-10" proposed where 30’-0” is allowed) (CS 25.28.060, a, 1); and  Special Permit for a basement with an interior ceiling height of 6’-6” or greater (8’-1” and 9'-3” proposed) (CS 25.28.035, f). The basement was not built as part of the project. 1435 Benito Avenue Lot Area: 5796 SF PROPOSED ALLOWED/REQUIRED SETBACKS Front (1st flr): (2nd flr): 21’-6” 23’-6” 21’-4” (block average) 21'-4" (block average) Side (left): (right): 4’-4” 13’-2” 4'-0" 4'-0" Rear (1st flr): (2nd flr): 46’-0” 47’-4” 15'-0" 20'-0" Lot Coverage: 1867 SF 32.2% 2318 SF 40% FAR: 3145 SF 0.54 FAR 3221 SF ¹ 0.55 FAR ¹ (0.32 x 5796 SF) + 1100 SF + 266 SF (detached garage) = 3221 SF (0.55 FAR) Amendment to Design Review 1435 Benito Avenue 3 1435 Benito Avenue Lot Area: 5796 SF PROPOSED ALLOWED/REQUIRED # of bedrooms: 4 --- Off-Street Parking: 1 covered (10' x 20') 1 uncovered (9' x 20') 1 covered (10' x 20') 1 uncovered (9' x 20') Building Height: 30'-10" ² 30'-0" DH Envelope: complies CS 25.28.075 ² Special Permit for building height (30'-10" proposed where 30’-0” is allowed). Staff Comments: See attached original project memos from the Building, Parks, Fire, Engineering and Stormwater Divisions. Design Review Criteria: The criteria for design review as established in Ordinance No. 1591 adopted by the Council on April 20, 1998 are outlined as follows: 1. Compatibility of the architectural style with that of the existing character of the neighborhood; 2. Respect for the parking and garage patterns in the neighborhood; 3. Architectural style and mass and bulk of structure; 4. Interface of the proposed structure with the structures on adjacent properties; and 5. Landscaping and its proportion to mass and bulk of structural components. Planning Commission Action: The Planning Commission should conduct a public hearing on the application, and consider public testimony and the analysis contained within the staff report. Action should include specific findings supporting the Planning Commission’s decision, and should be affirmed by resolution of the Planning Commission. The reasons for any action should be stated clearly for the record. At the public hearing the following conditions should be considered: 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped November 4, 2014, sheets A, 3-7 and L1.0; 2. that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staff); 3. 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), shall require an amendment to this permit; Amendment to Design Review 1435 Benito Avenue 4 4. that the conditions of the Chief Building Official's June 22, 2009 memo, the Fire Marshal’s June 29, 2009 memo, the City Engineer's July 1, 2009 memo, the Parks Supervisor’s April 15, 2010 memo, and the NPDES Coordinator's June 23, 2009 memo shall be met; 5. that any recycling containers, debris boxes or dumpsters for the construction project shall be placed upon the private property, if feasible, as determined by the Community Development Director; 6. 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; 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; 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 Division; and Amendment to Design Review 1435 Benito Avenue 5 15. that prior to final inspection, Planning Division 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. Ruben Hurin Senior Planner c. Jack McCarthy, Jack McCarthy Designer Inc., applicant and designer Attachments: Explanation letter submitted by project designer, dated November 4, 2014 June 10, 2013 Planning Commission Minutes Architectural Certification Letter submitted by project designer, dated May 8, 2014 Staff Comments from Previously Approved Application Planning Commission Resolution (Proposed) Notice of Public Hearing – Mailed November 14, 2014 Aerial Photo Secretary RESOLUTION APPROVING CATEGORICAL EXEMPTION AND AMENDMENT TO DESIGN REVIEW RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a Categorical Exemption has been prepared and application has been made for Amendment to Design Review for as-built changes to a previously approved new, two-story single family dwelling and detached garage at 1435 Benito Avenue, Zoned R-1, Kieran J. Woods Tr, 1485 Bayshore Boulevard #149, San Francisco, CA, 94124, APN: 027-182-130; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on November 24, 2014, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that: 1. On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this Commission, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, and categorical exemption, per CEQA Section 15303 (a) of the CEQA Guidelines, which states that construction of a limited number of new, small facilities or structures, including one single-family residence, or a second dwelling unit in a residential zone, is exempt from environmental review. In urbanized areas, this exemption may be applied to the construction or conversion of up to three (3) single-family residences as part of a project, is hereby approved. 2. Said Amendment to Design Review is approved subject to the conditions set forth in Exhibit “A” attached hereto. Findings for such Amendment to Design Review are set forth in the staff report, minutes, and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. Chairman I, _____________ , Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 24th day of November, 2014, by the following vote: EXHIBIT “A” Conditions of Approval for Categorical Exemption and Amendment to Design Review. 1435 Benito Avenue Effective December 4, 2014 Page 1 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped November 4, 2014, sheets A, 3-7 and L1.0; 2. that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staff); 3. 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), shall require an amendment to this permit; 4. that the conditions of the Chief Building Official's June 22, 2009 memo, the Fire Marshal’s June 29, 2009 memo, the City Engineer's July 1, 2009 memo, the Parks Supervisor’s April 15, 2010 memo, and the NPDES Coordinator's June 23, 2009 memo shall be met; 5. that any recycling containers, debris boxes or dumpsters for the construction project shall be placed upon the private property, if feasible, as determined by the Community Development Director; 6. 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; 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; EXHIBIT “A” Conditions of Approval for Categorical Exemption and Amendment to Design Review. 1435 Benito Avenue Effective December 4, 2014 Page 2 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; 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 Division; and 15. that prior to final inspection, Planning Division 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. PROJECT LOCATION 1547 Vancouver Avenue Item No. 8d Action Item City of Burlingame Design Review and Conditional Use Permits Address: 1547 Vancouver Avenue Meeting Date: November 24, 2014 Request: Application for Design Review for a first and second story addition to an existing single family dwelling and Conditional Use Permits for a recreation room and toilet in an existing accessory structure. Applicant and Designer: Julie Carlson, JCarlson Design APN: 027-141-030 Property Owner: same as applicant Lot Area: 6100 SF General Plan: Low Density Residential Zoning: R-1 Environmental Review Status: The project is Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per Section 15301 (e)(2), which states that additions to existing structures are exempt from environmental review, provided the addition will not result in an increase of more than 10,000 SF in areas where all public services and facilities are available and the area in which the project is located is not environmentally sensitive. Project Description: The site currently contains an existing one-story house (1455 SF), an attached one-car carport (180 SF) and a structure located behind the carport which contains a nonconforming one-car garage and secondary dwelling unit (469 SF). There is also a detached patio cover (180 SF) and storage shed (99 SF) at the rear of the lot. The existing floor area ratio (FAR) on the lot totals 2,285 SF (0.37 FAR) (sheds less than 100 SF are not included in FAR). The applicant is proposing a first floor addition at the rear of the house and second floor addition at the center and rear of the house. The proposal also includes removing the existing attached carport and detached patio cover. With the proposed project, the floor area will increase to 3,280 SF (0.53 FAR) where 3,452 SF (0.56 FAR) is the maximum allowed. The proposed project is 172 SF below the maximum allowed FAR and within 4.9% of the maximum allowed FAR. As previously noted, the existing structure at the left, rear corner of the lot contains a one-car garage and an existing second unit (no records found for this unit). The applicant is proposing modifications to the interior of this structure which includes increasing the depth of the covered parking space (from 15’-0” to 20’-0”) to meet current code standards and converting the existing second unit to a recreation room with a sink and toilet (previously proposed shower has been eliminated from this application). The applicant is requesting approval of Conditional Use Permits for a recreation room and toilet in an existing accessory structure. There are no changes proposed to the envelope of this structure. The required applications are listed below. W ith this project, the number of potential bedrooms is increasing from three to four. Two parking spaces, one of which must be covered, are required on site. The existing garage will be modified to comply with current code standards for a covered parking space (10’-4” x 20’-0” clear interior dimensions provided where 10’ x 20’ is the minimum required). One uncovered parking space (9’ x 20’) is provided in the driveway. All other Zoning Code requirements have been met. The applicant is requesting the following applications:  Design Review for a first and second story addition to a single family dwelling (CS 25.57.010 (a) (2));  Conditional Use Permit for a recreation room in an existing accessory structure (CS 25.60.010 (m)); and  Conditional Use Permit for a toilet in an existing accessory structure (CS 25.60.010 (j)). Item No. 8d Action Item Design Review and Conditional Use Permits 1547 Vancouver Avenue 2 1547 Vancouver Avenue Lot Size: 6,100 SF Plans date stamped: November 12, 2014 EXISTING PROPOSED ALLOWED/REQ’D SETBACKS Front (1st flr): 23’-7” no change 15'-0" or block average (2nd flr): n/a 39’-3” 20'-0" Side (left): (right): 9'-6" 3’-6” 9’-6” (7’-6” at 2nd floor) 6’-6” 4'-0" 4'-0" Rear (1st flr): (2nd flr): 49’-6” n/a 47’-6” 47’-6” 15'-0" 20'-0" Lot Coverage: 2285 SF 37.4% 2208 SF 36.1% 2440 SF 40% FAR: 2285 SF 0.37 FAR 3280 SF 0.53 FAR 3452 SF 1 0.56 FAR # of bedrooms: 3 4 --- Off-Street Parking: 1 covered (10’-4” x 15’-0”) ² 1 uncovered (9’ x 20’) 1 covered (10’-4” x 20’-0”) 1 uncovered (9’ x 20’) 1 covered (10' x 20') 1 uncovered (9' x 20') Height: 21’-9” 28’-1” 30'-0" DH Envelope: complies complies CS 25.26.075 Use in Accessory Structure: one-car garage and second unit one-car garage with a recreation room and toilet ³ Conditional Use Permit required for a toilet and shower in an accessory structure ¹ (0.32 x 6100 SF) + 1,100 SF = 400 SF = 3452 SF (0.56 FAR) ² Existing nonconforming covered parking space length. ³ Conditional Use Permits required for a recreation room and toilet in an existing accessory structure. Staff Comments: See attached memos from the Building, Parks, Fire, Engineering and Stormwater Divisions. Design Review Study Meeting: At the Planning Commission design review study meeting on October 27, 2014, the Commission requested that the designer revisit the proposed roof configuration and voted to place this item on the regular action calendar (please refer to the attached October 27, 2014 Planning Commission minutes). The applicant submitted a response letter and revised plans date stamped November 12, 2014, to address the Planning Commission’s comments regarding the roof design. The applicant’s letter also addresses concerns expressed by the neighbor at 1543 Vancouver Avenue. Design Review Criteria: The criteria for design review as established in Ordinance No. 1591 adopted by the Council on April 20, 1998 are outlined as follows: 1. Compatibility of the architectural style with that of the existing character of the neighborhood; 2. Respect for the parking and garage patterns in the neighborhood; Design Review and Conditional Use Permits 1547 Vancouver Avenue 3 3. Architectural style and mass and bulk of structure; 4. Interface of the proposed structure with the structures on adjacent properties; and 5. Landscaping and its proportion to mass and bulk of structural components. Findings for a Conditional Use Permit: In order to grant a Conditional Use Permit, the Planning Commission must find that the following conditions exist on the property (Code Section 25.52.020, a-c): (a) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience; (b) The proposed use will be located and conducted in a manner in accord with the Burlingame general plan and the purposes of this title; (c) The planning commission may impose such reasonable conditions or restrictions as it deems necessary to secure the purposes of this title and to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general vicinity. Planning Commission Action: The Planning Commission should conduct a public hearing on the application, and consider public testimony and the analysis contained within the staff report. Action should include specific findings supporting the Planning Commission’s decision, and should be affirmed by resolution of the Planning Commission. The reasons for any action should be stated clearly for the record. At the public hearing the following conditions should be considered: 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped November 12, 2014, sheets A1 through A9; 2. that if the accessory structure is demolished or the envelope changed at a later date the Conditional Use Permits, as well as any other exceptions to the code granted here, will become void; 3. that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staff); 4. that any changes to the size or envelope of the first or second floors, or garage, which would include adding or enlarging a dormer(s), shall require an amendment to this permit; 5. that the conditions of the Building Division’s October 3, 2014 and August 27, 2014 memos, the Parks Division’s October 20, 2014, October 3, 2014 and August 28, 2014 memos, the Engineering Division’s September 9, 2014 memo, the Fire Division’s August 28, 2014 memo and the Stormwater Division’s September 4, 2014 memo shall be met; 6. that any recycling containers, debris boxes or dumpsters for the construction project shall be placed upon the private property, if feasible, as determined by the Community Development Director; 7. 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; Design Review and Conditional Use Permits 1547 Vancouver Avenue 4 8. 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; 9. 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; 10. 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; 11. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2013 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 framing inspection the applicant shall provide a certification by the project architect or residential designer, or another architect or residential design professional, that demonstrates that the project falls at or below the maximum approved floor area ratio for the property; 13. 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; 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 Division; and 15. that prior to final inspection, Planning Division 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. Ruben Hurin Senior Planner c. Julie Carlson, JCarlson Design, applicant and property owner Intentionally left blank. Design Review and Conditional Use Permits 1547 Vancouver Avenue 5 Attachments: Response Letter submitted by the applicant, date stamped November 12, 2014 Letter submitted by Robert and Deborah Hirth, dated October 31, 2014 October 27, 2014 Planning Commission Minutes Application to the Planning Commission Conditional Use Permit Application Photographs of Neighborhood Staff Comments Planning Commission Resolution (Proposed) Notice of Public Hearing – Mailed November 14, 2014 Aerial Photo BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 City of Burlingame Meeting Minutes Planning Commission 7:00 PM Council ChambersMonday, October 27, 2014 b.1547 Vancouver Avenue, zoned R-1 - Application for Design Review for a first and second story addition to an existing single family dwelling and Conditional Use Permits for a recreation room and toilet and shower in an existing accessory structure (Julie Carlson, JCarlson Architectural Design, applicant, designer and property owner) (56 noticed) Staff Contact: Ruben Hurin Commissioner Yie was recused for non-statutory reasons. All Commissioners had visited the property. Commissioner Sargent reported he spoke with the neighbors at 1543 and 1540 Vancouver Avenue. There were no other ex -parte communications to report. Questions of staff: >Does the garage compliance include setback from the fence line? (Hurin: If located in the rear 40% of the lot detached structures are exempt from side setback requirements. A new detached structure would require a Special Permit, but because this is existing and not changing the building envelope a Special Permit is not required.) Julie Carlson represented the applicant. Commissioner questions/comments: >Concerned with roof form. Acts as second -floor mansard roof. Was there consideration extending front roof form up vertically? Could then have second floor rooms come off as dormers and other pieces . (Carlson: Likes houses that are lower, but could consider. Roof has different pitches. If pitched from the side extension could get a peak.) Not as bad on front elevation, but on other sides looks like a truncated roof. >Extending roof may require Special Permit, but may be supported because working with existing conditions, Tudor style often has steeply -pitched roofs, often are very tall. Truncated mansard is not typical of the neighborhood. >Garage is an improvement – taking an existing non -permitted in-law unit and creating a functional garage. Carlson: Would it be OK to change front bedroom window from three casements to two? (Commissioners: Should be OK. This kind of change is not unusual.) >What will accessory structure be used for? (Carlson: Will be used as a bonus room. Bought house with full bath, but discovered it was not permitted.) >Seems like some of the character is being taken away in front. >Concerned about having recreation room and shower on the property line. Is neighbor at 1543 Vancouver Avenue familiar with proposal? (Carlson: Does not know, can talk to her.) >Special Permit for toilet and sink are acceptable, but shower would seem to encourage a use that goes beyond being a recreation room. Would be hard to justify. Commissioner Sargent made a motion, seconded by Vice Chair DeMartini, to place the item on the Regular Action Calendar when plans have been revised as directed. The motion carried by the following vote: Page 1City of Burlingame Printed on 11/20/2014 October 27, 2014Planning Commission Meeting Minutes Aye:Bandrapalli, DeMartini, Sargent, Terrones, and Gum5 - Absent:Loftis1 - Recused:Yie1 - Page 2City of Burlingame Printed on 11/20/2014 Secretary RESOLUTION APPROVING CATEGORICAL EXEMPTION, DESIGN REVIEW AND CONDITIONAL USE PERMITS RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a Categorical Exemption has been prepared and application has been made for Design Review for a first and second story addition to an existing single family dwelling and Conditional Use Permits for a recreation room and toilet in an existing accessory structure at 1547 Vancouver Avenue, Zoned R-1, Julie Carlson, 2105 Roosevelt Avenue, Burlingame, CA, 94010, property owner, APN: 027- 141-030; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on November 24, 2014, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that: 1. On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this Commission, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, and categorical exemption, per CEQA Section 15301 (e)(2), which states that additions to existing structures are exempt from environmental review, provided the addition will not result in an increase of more than 10,000 SF in areas where all public services and facilities are available and the area in which the project is located is not environmentally sensitive, is hereby approved. 2. Said Design Review and Conditional Use Permits are approved subject to the conditions set forth in Exhibit “A” attached hereto. Findings for such Design Review and Conditional Use Permits are set forth in the staff report, minutes, and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. Chairman I, _____________ , Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 24th day of November, 2014, by the following vote: EXHIBIT “A” Conditions of Approval for Categorical Exemption, Design Review and Conditional Use Permits. 1547 Vancouver Avenue Effective December 4, 2014 Page 1 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped November 12, 2014, sheets A1 through A9; 2. that if the accessory structure is demolished or the envelope changed at a later date the Conditional Use Permits, as well as any other exceptions to the code granted here, will become void; 3. that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staff); 4. that any changes to the size or envelope of the first or second floors, or garage, which would include adding or enlarging a dormer(s), shall require an amendment to this permit; 5. that the conditions of the Building Division’s October 3, 2014 and August 27, 2014 memos, the Parks Division’s October 20, 2014, October 3, 2014 and August 28, 2014 memos, the Engineering Division’s September 9, 2014 memo, the Fire Division’s August 28, 2014 memo and the Stormwater Division’s September 4, 2014 memo shall be met; 6. that any recycling containers, debris boxes or dumpsters for the construction project shall be placed upon the private property, if feasible, as determined by the Community Development Director; 7. 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; 8. 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; 9. 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; 10. 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; EXHIBIT “A” Conditions of Approval for Categorical Exemption, Design Review and Conditional Use Permits. 1547 Vancouver Avenue Effective December 4, 2014 Page 2 11. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2013 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 framing inspection the applicant shall provide a certification by the project architect or residential designer, or another architect or residential design professional, that demonstrates that the project falls at or below the maximum approved floor area ratio for the property; 13. 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; 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 Division; and 15. that prior to final inspection, Planning Division 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. PROJECT LOCATION 1548 Los Montes Drive Item No. 8e Action Item City of Burlingame Design Review, Hillside Area Construction Permit and Special Permits Address: 1548 Los Montes Drive Meeting Date: November 24, 2014 Request: Application for Design Review, Hillside Area Construction Permit and Special Permits for declining height envelope and an attached garage for a new, two-story single-family dwelling and attached garage. Applicant and Designer: Farnaz Khadiv, Khadiv Design Studio APN: 027-015-180 Property Owner: Jiries Hanhan Lot Area: 9,494 SF General Plan: Low Density Residential Zoning: R-1 Environmental Review Status: The project is Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per Section 15303 (a) of the CEQA Guidelines, which states that construction of a limited number of new, small facilities or structures, including one single-family residence, or a second dwelling unit in a residential zone, is exempt from environmental review. In urbanized areas, this exemption may be applied to the construction or conversion of up to three (3) single-family residences as part of a project. Project Description: The proposal includes demolishing an existing two-story house and attached garage to build a new, two-story single family dwelling with an attached garage. The proposed house and detached garage will have a total floor area of 4,138 SF (0.44 FAR) where 4,138 SF (0.44 FAR) is the maximum allowed (including covered porch exemption). The proposed project is at the maximum allowed FAR. The lot slopes downward approximately 31’-0” from the front of the lot to the rear. The point of departure for the declining height envelope is based on the average of the front and rear property corner spot elevations at each side. Due to the downward slope of the lot, the point of departure for the declining height envelope at each side of the house is several feet below the lower level of the house. Therefore, the applicant is requesting a Special Permit for declining height envelope along the left side of the house. The left side of the house would extend 1,007 SF beyond the declining height envelope (560 SF on the upper floor, 328 SF on the lower floor, 51 SF covered balcony and 68 SF of the rear deck). Planning staff would note that the right side of the house qualifies for an exemption from declining height envelope because it is located adjacent to a two story wall and the project falls within the criteria listed below (based on Code Section 25.26.075 (b) (3)): (A) The second story is not closer to the property line than the required first floor setback; and (B) If the second story wall is outside of the declining height envelope and adjacent to an existing two (2) story wall, the second story plate line is no higher and no longer than the second story plate line on the adjacent property; and (C) If there is a two (2) story residential structure on each side of a lot, only one side wall may be exempt from the declining height envelope; and (D) If any portion of the second story of an existing two (2) story house adjacent to either side of the lot complies with the declining height requirements, the adjacent wall of the new construction shall not be exempt. The proposed four-bedroom house requires a total of two parking spaces, one of which must be covered. The proposed attached garage provides two code-compliant covered parking spaces (20’ x 20’ clear interior dimensions). There is also one uncovered parking space (9' x 20') provided in the driveway. Therefore, the proposed project complies with off-street parking requirements. All other Zoning Code requirements have been met. Item No. 8e Action Item Design Review, Hillside Area Construction Permit and Special Permits 1548 Los Montes Drive -2- The applicant is requesting the following applications:  Design Review for a new, two-story single family dwelling and attached garage (CS 25.57.010 (a) (1));  Hillside Area Construction Permit for a new single family dwelling and attached garage (CS 25.61.020);  Special Permit for declining height envelope along the left side of house (left side of the house extends 1,007 SF beyond the declining height envelope) (CS 25.26.075 (a)); and  Special Permit for an attached two-car garage (CS 25.26.035 (a)). 1548 Los Montes Drive Lot Size: 9,494 SF Plans date stamped: November 17, 2014 PROPOSED ALLOWED/REQUIRED SETBACKS Front (1st flr): (2nd flr): (attached garage): 20'-0" to porch 25'-0" 25’-0” 19'-11" (block average) 20'-0" 25’-0” for two single-wide doors Side (left): (right): 7'-4" 7'-4 1/4" 7'-0" 7'-0" Rear (1st flr): (2nd flr): 62'-9" to deck 74'-0" to deck 15'-0" 20'-0" Lot Coverage: 2886 SF 30.3% 3798 SF 40% FAR: 4138 SF 0.44 FAR 4138 SF 1 0.44 FAR # of bedrooms: 4 --- Off-Street Parking: 2 covered, attached ² (20' x 20' clear interior dimensions) 1 uncovered (9' x 20') 1 covered (10' x 20' clear interior dimensions) 1 uncovered (9' x 20') Building Height: 14’-5” (17’-5" previously proposed) 30'-0" DH Envelope: right side of the house exempt from declining height envelope based on C.S. 25.26.075 (b) (3); left side of the house extends 1,007 SF beyond the declining height envelope ³ C.S. 25.26.075 ¹ (0.32 x 9,494 SF) + 1,100 SF = 4138 SF (0.44 FAR) 2 Special Permit requested for an attached garage. 3 Special Permit requested for declining height envelope along left side of house (the left side of the house extends 1,007 SF beyond the declining height envelope). Design Review, Hillside Area Construction Permit and Special Permits 1548 Los Montes Drive -3- Staff Comments: See attached memos from the Building, Engineering, Parks and Stormwater Divisions. Design Review Study Meeting: At the Planning Commission Design Review Study meeting on October 14, 2014, the Commission had several comments and concerns with the project and referred the application to a design review consultant (October 14, 2014 Planning Commission Minutes attached). A discussion of the analysis of the revised project and recommendation by the design review consultant is provided in the next section. The applicant submitted a response letter, date stamped November 20, 2014 and revised plans date stamped November 17, 2014 to address the Planning Commission’s questions and comments. Please refer to the attached meeting minutes for a complete list of concerns expressed by the Planning Commission. Planning staff would note that the story poles for the proposed house have been installed and may be viewed by visiting the site. A story pole plan was prepared by the designer (see attached story pole plan, date stamped November 20, 2014). The story pole installation was certified by SMP Engineers (see attached certification dated November 18, 2014). Planning staff would note that the overall building height, as measured from average top of curb to the highest roof ridge, was reduced by 3’-0”, from 17’-5” to 14’-5”. There were no changes made to the floor plans or layout of the building on the lot. Analysis and Recommendation by Design Reviewer: The design review consultant met with the designer and property owners to discuss the Planning Commission's concerns with the project and reviewed revised plans. Please refer to the attached design reviewer’s analysis and recommendation, dated November 17, 2014, for a detailed review of the project. In his analysis, the design review consultant concludes that “the revised design is a significant improvement over the initial proposal” and that “the architectural style is much clearer and the massing is better”. Based on the revisions made to the design, the design review consultant supports the proposed project. The design reviewer notes that improving the front entry element in some way and providing a garage door with a horizontal element could enhance the front façade further, but notes that these are only suggestions. Design Review Criteria: The criteria for design review as established in Ordinance No. 1591 adopted by the Council on April 20, 1998 are outlined as follows: 1. Compatibility of the architectural style with that of the existing character of the neighborhood; 2. Respect for the parking and garage patterns in the neighborhood; 3. Architectural style and mass and bulk of structure; 4. Interface of the proposed structure with the structures on adjacent properties; and 5. Landscaping and its proportion to mass and bulk of structural components. Required Findings for Hillside Area Construction Permit: Review of a Hillside Area Construction Permit by the Planning Commission shall be based upon obstruction by construction of the existing distant views of nearby properties. Emphasis shall be given to the obstruction of distant views from habitable areas within a dwelling unit (Code Sec. 25.61.060). Design Review, Hillside Area Construction Permit and Special Permits 1548 Los Montes Drive -4- Required Findings for a Special Permit: In order to grant a Special Permit, the Planning Commission must find that the following conditions exist on the property (Code Section 25.51.020 a-d): (a) The blend of mass, scale and dominant structural characteristics of the new construction or addition are consistent with the existing structure’s design and with the existing street and neighborhood; (b) the variety of roof line, facade, exterior finish materials and elevations of the proposed new structure or addition are consistent with the existing structure, street and neighborhood; (c) the proposed project is consistent with the residential design guidelines adopted by the city; and (d) removal of any trees located within the footprint of any new structure or addition is necessary and is consistent with the city’s reforestation requirements, and the mitigation for the removal that is proposed is appropriate. Planning Commission Action: The Planning Commission should conduct a public hearing on the application, and consider public testimony and the analysis contained within the staff report. Action should include specific findings supporting the Planning Commission’s decision, and should be affirmed by resolution of the Planning Commission. The reasons for any action should be stated clearly for the record. At the public hearing the following conditions should be considered: 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped November 17, 2014, sheets A-0.0 through A-4.3 and L-1.0; 2. that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staff); 3. that any changes to the size or envelope of the first or second floors, or garage, which would include adding or enlarging a dormer(s), shall require an amendment to this permit; 4. that the conditions of the Building Division’s September 15, 2014 and July 18, 2014 memos, the Parks Division’s October 1, 2014 and July 21, 2014 memos, the Engineering Division’s August 25, 2014 memo, the Fire Division’s July 21, 2014 memo and the Stormwater Division’s October 9, 2014, September 26, 2014 and July 22, 2014 memos shall be met; 5. that any recycling containers, debris boxes or dumpsters for the construction project shall be placed upon the private property, if feasible, as determined by the Community Development Director; 6. 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; 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; Design Review, Hillside Area Construction Permit and Special Permits 1548 Los Montes Drive -5- 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 the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2013 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: 11. that prior to scheduling the framing inspection the applicant shall provide a certification by the project architect or residential designer, or another architect or residential design professional, that demonstrates that the project falls at or below the maximum approved floor area ratio for the property; 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; 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 Division; and 15. that prior to final inspection, Planning Division 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. Ruben Hurin Senior Planner c. Farnaz Khadiv, Khadiv Design Studio, designer Attachments: Applicant’s Response Letter, date stamped November 20, 2014 Design Review Analysis, dated November 17, 2014 Story Pole Certification and Plan, dated November 20, 2014 October 14, 2014 Planning Commission Minutes Letter Submitted by Craig and Shan Hou, dated October 10, 2014 Graphics/Photographs Submitted by Neighbor at 1544 Los Montes Drive, date stamped October 10, 2014 Application to the Planning Commission Special Permit Applications Information Sheet for Membrane Roof, date stamped October 2, 2014 Photographs of Neighborhood Staff Comments Planning Commission Resolution (Proposed) Notice of Public Hearing – Mailed November 14, 2014 Aerial Photo BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 City of Burlingame Meeting Minutes Planning Commission 7:00 PM Council ChambersTuesday, October 14, 2014 d.1548 Los Montes Drive, zoned R-1 – Application for Design Review, Hillside Area Construction Permit and Special Permits for declining height envelope and an attached garage for construction of a new single -family dwelling and attached garage (Farnaz Khadiv, applicant and designer; Jiries and Suhair Hanhan, property owners ) (42 noticed) Staff Contact: Ruben Hurin All Commissioners had visited the property. There were no ex-parte communications to report. Community Development Director presented the staff report. Questions of staff: >Would the retaining wall between the properties need to be addressed? (Meeker - would be addressed as part of the plan check prior to issuance of a building permit.) Chair Bandrapalli opened the public hearing. Farnaz Khadiv, and Jiries and Suhair Hanhan represented the applicant. Commission comments/questions: >Feels that the fascia caps are very heavy looking. They seem to make the building seem disjointed and broken into many pieces. Detracts from the design. >Would help to see the new design overlain on the existing design to get a sense for the relationship between the massing. >Feels the curved roof is very strange; doesn't go well with the design. >Feels that some relief is warranted from the declining height envelope on side -sloping lots. That in conjunction with the Hillside Area Permit and the need for story poles will determine what is acceptable. >Seems that the siding materials are disjointed. How will the Cedar siding be finished? (Khadiv - will likely be stained.) >Perhaps the vertical siding is not the best choice for the lower level. >The fascias seem out of scale with the modern style that is being sought. >Feels that some of the finishing details detract from the modern character; perhaps clean up the design to eliminate some of the disjointed character. >Look at corner window designs that help the modern details come to the forefront. >The curved roof element doesn't appear to be necessary. Could be an issue relative to the story poles. >Not too much of an issue with the massing because it doesn't deviate too far from the current massing. >Feels the stucco band could be eliminated. >Clean up the disparate elements to clean up the facade. >On the front elevation, show how the existing house complies with the declining height envelope . (Khadiv - the area for compliance with the declining height envelope is completely outside even the current building design.) >Did the designer try to get closer to compliance with the declining height envelope? (Khadiv - Yes. Brought walls in on both the first and second floors. Included a balcony to move further in.) Page 1City of Burlingame Printed on 11/17/2014 October 14, 2014Planning Commission Meeting Minutes >Did he visit the neighbor's house across the street to determine what the view impact may be? (Khadiv - doesn't appear to be significantly impacting the view of the neighbors.) >Would appreciate seeing a color rendering of the project. >Work with staff to clarify the requests for the declining height envelope. Public comments: Greg Goldman, 1523 Alturas Drive: >Has no problem with the look of the house. >Was hoping that the roofline of the house would not increase; appears to be increasing by seven feet. >The view will be directly at the house from the rear of his property. >Also concerned about drainage. >Not opposed to the square footage. Winnie Tan, speaking for the right side neighbor at 1344 Los Montes: >Provided sets of drawings for each of the Commissioners to show the impact upon the property adjacent. >Concern of windows being blocked by addition. >Requested story poles to see if any views would be blocked. (Commissioner - requested contact information for the neighbor.) Craig Hou, 1551 Los Montes: >Biggest concern is the potential for a blocked view. Can see the lights of the bayfront area from their home; can also see the planes taking off. Greg Lim: >Welcomed them to the neighborhood. >Only concerned about the retaining wall and the drainage. >Looks forward to seeing the new home. Chair Bandrapalli closed the public hearing. Commissioner Terrones made a motion, seconded by Commissioner Loftis, to refer the project to a design reviewer and to require the installation of story poles for the project. Chair Bandrapalli asked for a roll call vote, and the motion carried by the following vote: Aye:Bandrapalli, DeMartini, Yie, Loftis, Sargent, Terrones, and Gum7 - Page 2City of Burlingame Printed on 11/17/2014 Secretary RESOLUTION APPROVING CATEGORICAL EXEMPTION, DESIGN REVIEW, HILLSIDE AREA CONSTRUCTION PERMIT AND SPECIAL PERMITS RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a Categorical Exemption has been prepared and application has been made for Design Review, Hillside Area Construction Permit and Special Permits for declining height envelope and attached garage for a new, two-story single family dwelling and attached garage at 1548 Los Montes Drive, Zoned R-1, Jiries and Suhair Hanhan, 1548 Los Montes Drive, Burlingame, CA, 94010, property owners, APN: 027-015-180; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on November 24, 2014, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that: 1. On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this Commission, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, and categorical exemption, per CEQA Section 15303 (a) of the CEQA Guidelines, which states that construction of a limited number of new, small facilities or structures, including one single-family residence, or a second dwelling unit in a residential zone, is exempt from environmental review. In urbanized areas, this exemption may be applied to the construction or conversion of up to three (3) single-family residences as part of a project, is hereby approved. 2. Said Design Review, Hillside Area Construction Permit and Special Permits are approved subject to the conditions set forth in Exhibit “A” attached hereto. Findings for such Design Review, Hillside Area Construction Permit and Special Permits are set forth in the staff report, minutes, and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. Chairman I, _____________ , Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 24th day of November, 2014, by the following vote: EXHIBIT “A” Conditions of Approval for Categorical Exemption, Design Review, Hillside Area Construction Permit and Special Permits. 1548 Los Montes Drive Effective December 4, 2014 Page 1 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped November 17, 2014, sheets A-0.0 through A-4.3 and L-1.0; 2. that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staff); 3. that any changes to the size or envelope of the first or second floors, or garage, which would include adding or enlarging a dormer(s), shall require an amendment to this permit; 4. that the conditions of the Building Division’s September 15, 2014 and July 18, 2014 memos, the Parks Division’s October 1, 2014 and July 21, 2014 memos, the Engineering Division’s August 25, 2014 memo, the Fire Division’s July 21, 2014 memo and the Stormwater Division’s October 9, 2014, September 26, 2014 and July 22, 2014 memos shall be met; 5. that any recycling containers, debris boxes or dumpsters for the construction project shall be placed upon the private property, if feasible, as determined by the Community Development Director; 6. 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; 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; EXHIBIT “A” Conditions of Approval for Categorical Exemption, Design Review, Hillside Area Construction Permit and Special Permits. 1548 Los Montes Drive Effective December 4, 2014 10. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2013 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: 11. that prior to scheduling the framing inspection the applicant shall provide a certification by the project architect or residential designer, or another architect or residential design professional, that demonstrates that the project falls at or below the maximum approved floor area ratio for the property; 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; 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 Division; and 15. that prior to final inspection, Planning Division 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. From: greg.lim@comcast.net [mailto:greg.lim@comcast.net] Sent: Monday, October 13, 2014 11:56 PM To: CD/PLG-Hurin, Ruben Cc: greg.lim@comcast.net Subject: 1548 Los Montes Dr. Dear Ruben, I live at 1552 Los Montes, on the downside of 1548 Los Montes. I have two concerns: 1. Their existing retaining wall is already leaning quite a bit. If the retaining is not replaced or reinforced during the building of their new home, I am concerned that the retaining wall will fall down and their house will slide into ours. 2. Water runoff: When it rains, our house gets quite a bit of runoff from their property as we are situated lower than they are. I wish them the best in their new construction and look forward to seeing their new home. Thank you, Greg Lim (1552 Los Montes Dr.) 10.14.14 PC Meeting Item #9d 1548 Los Montes Drive Page 1 of 2 COMMUNICATION RECEIVED AFTER PREPARATION OF STAFF REPORT RECEIVED OCT 14 2014 CITY OF BURLINGAME CDD – PLANNING DIV. From: Kwun Lip [mailto:brandonlip@yahoo.com] Sent: Friday, November 21, 2014 4:43 PM To: CD/PLG-Hurin, Ruben Cc: Peter Lip; King Lip; winnietam9@aol.com Subject: Owners of 1544 Los Montes Dr are 100% against the building plan of 1548 Los Montes as submitted Dear Ruben, senior planner in City of Burlingame Planning Dept: My name is Brandon Lip. My parents, Peter & Robin Lip, are owners of 1544 Los Montes Drive, the house right next door to the site with the proposed building plan of 1548 Los Montes. My parents are out of the country due to a family emergency. My brother King Lip, Winnie Tam (architect), and I are representing my parents during their time away. After discussion with the architect, we were notified of the deceptive tactics used by the current owners of 1548 Los Montes. We are 100% against their current building plan as it stands. They have NOT made the appropriate adjustments to the height and layout of the proposed residence. My father spent thousands of dollars with the previous owner of the property to clear out trees in the backyard (we have all the evidence to document this) so that we can have a clear, unobstructed view through the side and back of the house towards the Bay. Now the new owners are threatening this with an absolutely unacceptable residential building plan. After the last public hearing, NOTHING significant has been done to the building plan and our view of the Bay will still be obscured by their proposed residence. We will do whatever it takes to block the construction of such a proposed residence at 1548 Los Montes. I am emailing each of the planning commissioner to let them know of our firm stance regarding this matter. Thank you for your assistance and consideration, Brandon Lip, M.D. 11.24.14 PC Meeting Item #8e 1548 Los Montes Drive Page 1 of 1 COMMUNICATION RECEIVED AFTER PREPARATION OF STAFF REPORT RECEIVED NOV 24 2014 CITY OF BURLINGAME CDD – PLANNING DIV. PROJECT LOCATION 1516 Howard Avenue (existing house proposed to be demolished) Item No. 9a Design Review Study City of Burlingame Environmental Scoping, Design Review and Special Permit Address: 1516 Howard Avenue Meeting Date: November 24, 2014 Request: Application for Environmental Scoping, Design Review and Special Permit for declining height envelope for a new, two-story single family dwelling and detached garage. Applicant and Designer: Mark Robertson, Mark Roberston Design APN: 028-291-040 Property Owner: 1516 Howard LLC Lot Area: 7,057 SF General Plan: Low Density Residential Zoning: R-1 Background: The subject property is located within the Burlingame Park No. 2 subdivision. Based upon documents that were submitted to the Planning Division by a Burlingame property owner in 2009, it was indicated that the entire Burlingame Park No. 2, Burlingame Park No. 3, Burlingame Heights, and Glenwood Park subdivisions may have historical characteristics that would indicate that properties within this area could be potentially eligible for listing on the National or California Register of Historical Places. Therefore, for any property located within these subdivisions, a Historic Resource Evaluation must be prepared prior to any significant development project being proposed to assess whether the existing structure(s) could be potentially eligible for listing on the National or California Register of Historical Places. A Historic Resource Evaluation was prepared for this property by Page & Turnbull, Inc., dated August 5, 2014. The results of the evaluation concluded that 1516 Howard Avenue does not appear to be individually eligible for listing in the National or California Registers under any criteria. Planning Staff will prepare environmental review documentation to support the findings of the Historic Resource Evaluation prior to the Planning Commission Action Hearing for this project. Project Description: The applicant is proposing to demolish an existing two-story single family dwelling and attached single-car garage to build a new, two-story single family dwelling and detached two-car garage. The proposed house and detached garage will have a total floor area of 3,613 SF (0.57 FAR) where 3,758 SF (0.53 FAR) is the maximum allowed (including covered porch and chimney exemptions). The proposed project is 145 SF below the maximum allowed FAR and is therefore within 3.8% of the maximum allowed FAR. A total of three off-street parking spaces are required for the proposed five-bedroom house, one of which must be covered. The new detached garage will provide two code-compliant covered parking spaces; one uncovered parking space (9' x 20') is provided in the driveway. All other Zoning Code requirements have been met. The applicant is requesting the following applications:  Environmental Scoping for Negative Declaration, a determination that there are no significant environmental effects as a result of this project;  Design Review for a new, two-story single family dwelling and detached garage (C.S. 25.57.010 (a) (1)); and  Special Permit for declining height envelope (79 SF along the right side of the house extends beyond the declining height envelope) (C.S. 25.26.075). As noted above, the applicant is requesting approval of a Special Permit for declining height envelope along the right side of the house. The point of departure for the declining height envelope is based on the average of the front and rear property corner spot elevations at each side (cannot be based on the 15-foot front and rear setback lines because the difference between these two points is not more than 2’-0”) (Code Section 25.26.075 (b) (4)). Due to the abrupt downward slope caused by an existing creek running along the rear of the lot, the point of departure for the declining height envelope at each side of the house is approximately four feet below the finished floor of the house. As a result, the right side of the house extends 79 SF beyond the declining height envelope. Item No. 9a Design Review Study Environmental Scoping, Design Review and Special Permit 1516 Howard Avenue 2 1516 Howard Avenue Lot Area: 7,075 SF Plans date stamped: November 4, 2014 PROPOSED ALLOWED/REQUIRED SETBACKS Front (1st flr): (2nd flr): 19'-3” 27'-8” 19'-3” (block average) 20'-0” Side (left): (right): 12'-0" 4’-0” 4'-0" 4’-0” Rear (1st flr): (2nd flr): 54’-9” to porch 54’-9” to balcony 15'-0" 20'-0" Lot Coverage: 2411 SF 34.1% 2823 SF 40% FAR: 3613 SF 0.57 FAR 3758 SF 1 0.53 FAR # of bedrooms: 5 --- Off-Street Parking: 2 covered (20' x 20') 1 uncovered (9' x 20') 2 covered (20' x 20') 1 uncovered (9' x 20') Height: 26’-6” 30'-0" DH Envelope: Request for Special Permit ² (79 SF extends beyond the declining height envelope) CS 25.26.075 1 (0.32 x 7,075 SF) + 1,100 SF + 400 SF = 3,758 SF (0.53 FAR) ² Request for Special Permit for declining height envelope (79 SF along the right side of the house extends beyond the declining height envelope). Staff Comments: Planning staff would note that Burlingame Creek runs along the rear of the property. There are no improvements proposed beyond the top of bank. As part of the building permit application, the applicant will be required to provide engineering calculations to demonstrate that the will be no impacts to the bank or creek. See attached memos from the Building, Parks, Fire, Engineering and Stormwater Divisions. Design Review Criteria: The criteria for design review as established in Ordinance No. 1591 adopted by the Council on April 20, 1998 are outlined as follows: 1. Compatibility of the architectural style with that of the existing character of the neighborhood; 2. Respect for the parking and garage patterns in the neighborhood; 3. Architectural style and mass and bulk of structure; 4. Interface of the proposed structure with the structures on adjacent properties; and 5. Landscaping and its proportion to mass and bulk of structural components. Environmental Scoping, Design Review and Special Permit 1516 Howard Avenue 3 Required Findings for a Special Permit: In order to grant a Special Permit, the Planning Commission must find that the following conditions exist on the property (Code Section 25.51.020 a-d): (a) The blend of mass, scale and dominant structural characteristics of the new construction or addition are consistent with the existing structure’s design and with the existing street and neighborhood; (b) the variety of roof line, facade, exterior finish materials and elevations of the proposed new structure or addition are consistent with the existing structure, street and neighborhood; (c) the proposed project is consistent with the residential design guidelines adopted by the city; and (d) removal of any trees located within the footprint of any new structure or addition is necessary and is consistent with the city’s reforestation requirements, and the mitigation for the removal that is proposed is appropriate. Ruben Hurin Senior Planner c. Mark Robertson, Mark Robertson Design, applicant and designer Attachments: Application to the Planning Commission Special Permit Application Photographs of Neighborhood Staff Comments Notice of Public Hearing – Mailed November 14, 2014 Aerial Photo Separate Attachments: Historical Resource Evaluation conducted by Page & Turnbull, Inc., dated August 5, 2014 State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _13 Resource name(s) or number 1516 Howard Avenue P1. Other Identifier: 1516 Howard Avenue, Burlingame, CA *P2. Location: Not for Publication Unrestricted *a. County San Mateo *b. USGS 7.5’ Quad San Mateo, Calif. Date: 1999 *c. Address 1516 Howard Avenue City Burlingame Zip 94010 *e. Other Locational Data: Assessor’s Parcel Number: 028-291-040 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) 1516 Howard Avenue is a split level two-story 1,362 sq. ft. residential building located on an approximately 7 ,340 sq. ft. lot on the west side of Howard Avenue, between El Camino Real and Crescent Avenue. The building has a rectangular plan and was built in 1933 in the Spanish Colonial Revival style. The house is a wood frame building over a concrete foundation and clad in painted stucco. All windows in the building have metal sashes and are surrounded by exter ior wood casings. The majority of the building is capped by a flat roof which is visible only on the north and rear (west) façades (Figure 1 & Figure 8). The top edge of the flat- roofed portion features a trim of red terracotta tile. At the front, the main entrance, and at the rear, the building features gabled and shed roofs, all of which are covered in rounded terracotta tiles. The primary (east) façade faces toward Howard Avenue and is comprised of three volumes with varied setbacks and heights. The south volume is the narrowest and most recessed of the three and is obscured behind the wing wall of the central volume (Figure 2). The narrow south volume is one story, slightly elevated above grade, and contains the main entrance. The main entrance is comprised of a wood slab v-joint door with brass hardware (Figure 3).The entrance is set within a south-facing wall and is accessed via a small porch. Roughly hewn multi-colored stone steps lead to the porch, and the porch floor is covered in the same material. The steps have a wrought iron banister. The south wall of the porch contains a wrought iron railing and a corner column that supports the roof (Figure 2 & Figure 4). The west wall of the porch contains a single-hung window. The porch is capped with a shed roof. (see continuation sheet) *P3b. Resource Attributes: (list attributes and codes) R-1: Single Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) View of east façade, facing west, August 5, 2014 *P6. Date Constructed/Age and Sources: 1933 (Appraisal Report, Assessor’s Office, San Mateo County, dated January 5, 1934) *P7. Owner and Address: 1516 Howard Llc 1499 Bayshore Hwy #229 Burlingame, CA, 94010 *P8. Recorded by: Page & Turnbull, Inc. 1000 Sansome Street, Suite 200 San Francisco, CA 94111 *P9. Date Recorded: August 5, 2014 *P10. Survey Type: Intensive *P11. Report Citation: none *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list) DPR 523A (1/95) *Required information P5a. Photo State of California  The Resources Agency Primary # __________________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _____________________________________________________ CONTINUATION SHEET Trinomial __________________________________________________ Page 2 of 13 Resource Name or # 1516 Howard Avenue *Recorded by Page & Turnbull, Inc. *Date September 8, 2014  Continuation  Update DPR 523L *P3a. Description (continued): The central volume is the widest of the three volumes and closest to the sidewalk. It is one story and comprised of a wing wall with an archway that opens to the south volume. The central volume also features a glazed arched picture window, inset slightly. Below the window, are two decorative vents ornamented with miniature spiraled columns. The central volume is capped with an asymmetrical gable roof. Rising above the single-story central volume, and set far back from the sidewalk, a second story is visible. One second story window is visible and the second story volume is capped with a shed roof. Brackets support the overhanging eave of the shed roof. The north volume is further set back than the central volume and is two stories tall. On the first story, it features a roll-up wood- panel garage door with glazing. The second story features a balcony that is accessed by a set of double doors , each containing four windows. The balcony features turned wooden balusters and square corner columns featuring carved diagonal braces that support the roof. The balcony is capped with a shed roof with exposed rafter tails visible underneath the eave. The soffit of the balcony is beamed and the ends of the beams are molded (Figure 6). The south façade has two setbacks. The east end of the façade, which is further set back, contains a tapered chimney that projects from the façade and is clad in stucco (Figure 5). The east ends of the façade also features two single-hung windows. The west half of the façade projects to the south and contains three sliding windows. Two of the windows are paired with a shared wood sill. Above, brackets support the overhanging eave. The rear (west) façade is divided into three volumes with varied setbacks, shapes, and heights (Figure 7). The south volume is a single story, rectangular in shape, and contains a slider window. Below the window is a decorative vent with miniature spiraled columns, identical to the decorative vents on the façade. The central volume has two stories, with the first story elevated approximately four feet above grade. A porch projects from the central volume and is accessed by non-original steps of a composite material. The stairway features wrought iron hand rails. The porch features wood board flooring, thick wood corner columns, and a wood balustrade. The balcony is capped with a shed roof, with exposed wood rafters underneath. The back porch is accessed from the interior by a set of three doors, each comprised of a large rectangular window framed in wood; and an additional wood panel door leads into the south volume. The second story of the central bay contains two single-hung windows. The roofline is capped with a strip of terracotta tile. The north volume contains a wood panel door with a window, as well as a single-hung window. An angled bay protrudes on the second floor. Each face of the bay contains a single-hung window. The north façade is two stories tall (Figure 1 & Figure 8). The first story features two single-hung windows. The second story projects slightly over the first, forming a jetty that features a string of small brackets with an angled profile. The second story contains five windows. Three of the windows are the same size and are double hung and the remaining two windows are smaller and appear to be single hung. The house sits in the front half of the lot and is preceded by an ample front yard (Figure 1). The front yard is surrounded by a 2’ high, non-original stucco wall capped with square tiles. The wall contains an opening to accommodate a concrete path, stamped to give the impression of laid stone. The path leads to the residence’s main entrance and runs along the south façade to the back yard (Figure 4). The wall also contains an opening for the driveway which is also capped in stamped concrete. The front yard contains a Giant Dracaena tree, and the open space between the front porch and the wing wall contains a small foliated tree. At the back of the building, a paved patio abuts the buildings (Figure 7). The backyard also contains a partially enclosed wood shed, capped in corrugated metal (Figure 9). A barbecue with a brick chimney is built into the shed. In addition, the back yard also contains numerous trees, including two citrus trees, a pear tree, an apple tree, and a persimmon tree. State of California  The Resources Agency Primary # __________________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _____________________________________________________ CONTINUATION SHEET Trinomial __________________________________________________ Page 3 of 13 Resource Name or # 1516 Howard Avenue *Recorded by Page & Turnbull, Inc. *Date September 8, 2014  Continuation  Update DPR 523L Figure 1. Primary (east) and north facades, viewed facing southwest. Source: Page & Turnbull, August 2014. Figure 2. Main entrance projecting from the south facade, viewed facing northwest. Source: Page & Turnbull, August 2014. Figure 3. Main entrance door. Source: Page & Turnbull, August 2014. Figure 4. Partial view of the south facade, viewed facing west. Source: Page & Turnbull, August 2014. State of California  The Resources Agency Primary # __________________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _____________________________________________________ CONTINUATION SHEET Trinomial __________________________________________________ Page 4 of 13 Resource Name or # 1516 Howard Avenue *Recorded by Page & Turnbull, Inc. *Date September 8, 2014  Continuation  Update DPR 523L Figure 5. South façade, viewed facing northeast. Source: Page & Turnbull, August 2014. Figure 6. Balcony on the primary (east) façade. Source: Page & Turnbull, August 2014. Figure 7. Rear (west) façade, viewed facing east. Source: Page & Turnbull, August 2014. Figure 8. North façade, viewed facing southeast. Source: Page & Turnbull, August 2014. State of California  The Resources Agency Primary # __________________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _____________________________________________________ CONTINUATION SHEET Trinomial __________________________________________________ Page 5 of 13 Resource Name or # 1516 Howard Avenue *Recorded by Page & Turnbull, Inc. *Date September 8, 2014  Continuation  Update DPR 523L Figure 9. Outbuilding in the backyard, viewed facing north. Source: Page & Turnbull, August 2014. State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 5 of 13 *NRHP Status Code__6Z________________________ *Resource Name or # 1516 Howard Avenue B1. Historic name: none B2. Common name: none B3. Original Use: Single Family Residence B4. Present use: Single Family Residence *B5. Architectural Style: Spanish Colonial Revival Style *B6. Construction History: (Construction date, alterations, and date of alterations) The building was constructed in 1933 by Charlie Hammer of Hammer & Tosch Co., a builder and contractor firm (permit #278; Appraisal Report, Assessor’s Office, San Mateo County January 5, 1934). There are no early photos of the house, but there are photos of the neighboring house at 1520 Howard Avenue. 1520 Howard Avenue is a mirror image of 1516 Howard Avenue and is recorded in the 1954 Real Estate File at the Burlingame Historical Society to have been built by Charlie Hammer (Figure 10-12). In 1985, the roof of 1516 Howard Street was insulated with polyurethane spray foam (permit #11145), and a letter dating to June 16, 1986 indicates that the insulation may have been redone. In 1987 the 2’ high wall surrounding the front lawn was constructed (permit #3621). Although no permit has been found regarding the windows, a visual inspection suggests that many, if not all, of the window sashes have been replaced since the original construction with metal replacement sashes. The stairs at the back porch do not appear original either, but cannot be dated because associated permits have not been found . *B7. Moved? No Yes Unknown Date:__________ Original Location:_____________________________ *B8. Related Features: none B9a. Architect: Unknown b. Builder: Charlie Hammer *B10. Significance: Theme Residential Architecture____________ Area Burlingame Park___________________ Period of Significance ___n/a____ Property Type Single family residence____ Applicable Criteria___N/A______ (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) Historic Context: City of Burlingame The lands that would become the City of Burlingame were initially part of Rancho San Mateo, a Mexican -era land grant given by Governor Pio Pico to Cayetano Arena in 1845. Over the next four decades, the lands passed through the hands of several prominent San Francisco businessmen, including William Howard (1848) and William C. Ralston (1856). In 1866, Ralston sold over 1,000 acres to Anson Burlingame, the U.S. Minister to China. Following Burlingame’s death in 1870, however, the land reverted to Ralston, and eventually to Ralston’s business partner, William Sharon. Very little formal development occurred during this period, with most of the land used for dairy and stock farm operations. In 1893, William Sharon’s trustee, Francis G. Newlands, proposed the development of the Burlingame Country Club as an exclusive semi-rustic destination for wealthy San Franciscans. A railroad depot was constructed in 1894, concurrent with small - scale subdivisions in the vicinity of Burlingame Avenue. During this time, El Camino Real acted as a de facto dividing line between large country estates to the west and the small village of Burlingame to the east. The latter developed almost exclusively to serve the needs of the wealthy estate owners. (see continuation sheet) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: (see continuation sheet) B13. Remarks: *B14. Evaluator: Page & Turnbull, Inc. *Date of Evaluation: August 5, 2014 DPR 523B (1/95) *Required information Source: San Mateo County Assessor’s Office, 2014. N State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 7 of 13 Resource Name or # 1516 Howard Avenue *Recorded by Page & Turnbull, Inc. *Date September 8, 2014  Continuation  Update DPR 523L *B10. Significance (continued): Burlingame began to develop in earnest with the arrival of an electric streetcar line between San Mateo and S an Francisco in 1903. However, the 1906 Earthquake had a far more dramatic impact on the area. Hundreds of San Franciscans who had lost their homes began relocating to Burlingame, which flourished after the disaster with the construction of new residences and businesses. Over the next two years, the village’s population grew from 200 to 1,000. In 1908, Burlingame incorporated as a city, and in 1910 annexed the adjacent town of Easton to the north. The following year, the Burlingame Country Club area was als o annexed to the City. By 1920, Burlingame’s population had increased to 4,107. Burlingame Park Neighborhood The house at 1516 Howard was constructed in the Burlingame Park neighborhood, one of three subdivisions (including Burlingame Heights and Glenwood Park) created from lands that were formerly part of the San Mateo Rancho. The Rancho was inherited by Joseph Henry Poett and later sold to Anson Burlingame in 1866 and to William C. Ralston in 1872. Ralston began to develop pla ns for a residential park in this area as early as 1873. Initially, Ralston hired William Hammond Hall to draw up a plan for an exclusive residential development to be called Burlingame Park. Hall’s early plan was never realized, but work began on the residential development in th e 1890s under Francis Newlands. Newlands commissioned Hall’s cousin, Richard Pindell Hammond, Jr., to draw up a new plan for the subdivision. The plan “centered on a communal country club and featured winding tree -lined roads, ample lots, and polo fields for the residents” (Brechin 1999, 94). The land was subdivided and the streets were laid out in May 1905 by Davenport Bromfield and Antoine Borel. The neighborhood is located in close proximity to the Burlingame Country Club, and the neighborhood was officially annexed to the City of Burlingame in 1911. Burlingame Park is bounded by El Camino Real to the northeast; Howard, Crescent, and Barroilhet avenues to the southeast; Pepper Avenue to the southwest; and Bellevue Avenue to the northwest. Burlingame Par k, Burlingame Heights, and Glenwood Park were the earliest residential developments in Burlingame and were subsequently followed by Burlingame Terrace, Burlingam e Grove, Burlingame Villa Park, and Easton. Sanborn Fire Insurance Company maps indicate that B urlingame Park developed over a period of about fifty years. The town of Burlingame experienced a residential building boom in the early 1920s , and the majority of the residences in the neighborhood were constructed in the 1920s and 1930s. Many of these we re designed in high architectural styles and were much grander in scale than the earlier residences. By 1949, nearly all of the approximately 250 lots in Burli ngame Park were developed. Today, the neighborhood represents the progressive development of the subdivision from the time it was first laid out in 1905, through the early twentieth century building boom, to the present day. 1516 Howard Avenue The house at 1516 Howard Avenue was constructed in 1933, 28 years after the Burlingame Park neighborhood was first platted in 1905. The Sanborn Fire Insurance Maps indicate that the house was built in the later period of the area’s development. In 1921, about half of the lots within the subdivision had been developed, but by 1949, almost all lots were built out (Figure 13-14). 1516 Howard Avenue was built by Charlie Hammer. A number of residences throughout Burlingame and Hillsborough have been attributed to Hammer. Most appear to be split-level Spanish Colonial Revival style homes from the 1930s. Hammer also built at least one Ranch-style home in Hillsborough. Hammer is listed in the 1925 city directory as a building contractor by profession. He and his wife Frida, lived at 1524 Floribunda Avenue in Burlingame. By the mid-1930s, he had a development business together with real estate broker, Maurice Tosch of San Mateo. The business was located across from the train station on Burlingame Square (1090 Burlingame Square) where Burlingame Realty was located for many years. Original permit records from 1933 show that the owner of 1516 Howard Avenue was Mrs. A. Sanguinette. An alternative spelling is listed on the property card, listing the owner as Annunziata Sanguinetti, married to Attilio Sanguinetti, noting that they resided in San Francisco. Ms. Sanguinette/Sanguinetti owned the property until 1935, and during her ownership, the building was vacant. In 1935, Jerome and Sarah Gordon occupied the building. City directories show them to have lived in the residence until 1949, and the Property Index Card indicates that Jerome Gordon owned the home until that year. Jerome Gordon was a salesman in the wholesale butcher industry, and, according to the U.S. Census, he was born in the United States in 1930 or 1931 to Swedish parents. (This space reserved for official comments.) State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 8 of 13 Resource Name or # 1516 Howard Avenue *Recorded by Page & Turnbull, Inc. *Date September 8, 2014  Continuation  Update DPR 523L The city directory indicates that beginning in 1950 or 1951, R.D. Blake Jr. occupied the house until 1953. No information is available about this person. From 1953 until 1990 or later, the home was occupied by Joe and Kathleen Cammarata. The city directory indicates that Joe Cammarata was a clerk in a change station. Building permits and property deeds show that the Cammarata family owned the building from at least 1961, through 2004. In 2004, the home was sold to KCC Management; in 2013, the home passed to the Shans Lucille L. Trust, Jettas Lorrie Trust, and Rasmussen Terrie Trust; and in 2014 the home passed to 1516 Howard LLC. Evaluation: Significance The residence at 1516 Howard Avenue is not currently listed in the National Register of Historic Places (National Register) or the California Register of Historical Resources (California Register). The building does not appear in the California Historical Resources Information System (CHRIS) as of 2012, indicating that no record of previous survey or evaluation is on file with the California Office of Historic Preservation (OHP). The City of Burlingame does not currently have a register of historic prope rties, and therefore the property is not listed locally. Constructed in 1933, 1516 Howard Avenue does not appear to be individually eligible for listing in the National or California Registers under Criterion A/1 (Events) for its association with any events that have made a significant contribution to the b road patterns of local or regional history, or the cultural heritage of California or the United States. The house is associated with the. 1920s to 1930s construction boom in Burlingame Park, but it does not stand out as a first, only, or unique example of such development. The property therefore does not rise to the level of significance necessary to be individually eligible for register inclusion under Criterion A/1. 1516 Howard Avenue does not appear to be individually eligible for listing in the National or California Register under Criterion B/2 (Persons). None of the residents and none of the owners appear to have contributed to local or state history and thus do not meet the threshold for significance for historic register inclusion. The house at 1516 Howard Avenue does not appear to be individually eligible for listing in the National or California Register under Criterion C/3 (Architecture) as a building that embodies the distinctive characteristics of a type, per iod, or method of construction. 1516 Howard Avenue is a good example of a single-family Spanish Colonial Revival-style house. In addition, it was built by Charlie Hammer, who built in the Spanish Colonial Revival style. The building, however, it is not a distinctive or prominent example of the Spanish Colonial Revival style that stands out among other neighborhood examples. It therefore appears ineligible for listing in the California Register under Criterion C/3. This property was not assessed for its potential to yield information important in prehistory or history, per National Register and California Register Criterion D/4 (Information Potential). This Criterion is typically reserved for archeological resources. The analysis of the house at 1516 Howard Avenue for eligibility under California Register Criterion 4 (Information Pot ential) is beyond the scope of this report. Integrity The house at 1516 Howard Avenue retains integrity of location and setting. It is situated on its original lot, and the surrounding neighborhood remains a residential area characterized by single-family houses. The wall that surrounds the building was constructed in 1987, but it does not significantly impact the setting. Records show only one exterior alteration to the finish of the flat roof, but the aluminum and other metal sashes of many of the windows indicate replacements. The exterior wood casings of the windows are still present, however, and thus mollify the visual impact of the metal sashes. B ecause the majority of the building’s form, cladding, and materials appear to be original and building permits do not indicate otherwise, integrity of design, materials, and workmanship are largely intact. The house remains in use as a residence associated with the early to mid- twentieth-century residential development of the Burlingame Park neighborhood, an d therefore retains integrity of feeling and association. Overall the property retains sufficient integrity to convey its historic context. Conclusion 1516 Howard Avenue does not appear to be eligible for listing in the California or National Register under any Criteria. The California Historical Resource Status Code (CHRSC) of “6Z” has been assigned to the property, meaning that it was “found ineligible for the National Register, California Register, or local designation through survey evaluation.” This conclusion does not address whether the building would qualify as a contributor to a potential historic district, although a cursory visual inspection of surrounding areas suggests that 1516 Howard Avenue could possibly be a contributor to two potential districts. The first would consist of single-family residences associated with the early development of the Burlingame Park subdivision; the second would consist of Spanish Colonial Revival -style homes, of which there is a concentration in the 200 blocks of Bloomfield and Clarenden roads, and which are also associated with Charlie Hammer. It is beyond the scope of this report to assess potential districts. Additional research of these areas is necessary to verify their eligibility as historic districts, and it is recommended that 1516 Howard Avenue be reassessed should any districts be proposed. State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 9 of 13 Resource Name or # 1516 Howard Avenue *Recorded by Page & Turnbull, Inc. *Date September 8, 2014  Continuation  Update DPR 523L *B12. References: - Building Permit Records, 1516 Howard Avenue, Burlingame, CA - Burlingame City Directories. - Burlingame Historical Society - City of Oakland Planning Department. “Rehab Right How to Rehabilitate Your Oakland House Without Sacrificing Architectural Assets.” Oakland, CA: city of Oakland. 1980. - Condon-Wirgler, Diane. “Burlingame Park, Burlingame Heights, Glenwood Park.” Burlingame, CA: Burlingame Historical Society, ca. 2004. - McAlester, Virginia & Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 2003. - United States Federal Census records: 1900, 1910, 1920, 1930, 1940. - San Francisco Preservation Bulletin No. 18 - San Mateo County Assessor Records. - Sanborn Fire Insurance Company maps: 1921, 1949. State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 10 of 13 Resource Name or # 1516 Howard Avenue *Recorded by Page & Turnbull, Inc. *Date September 8, 2014  Continuation  Update DPR 523L Images of 1520 Howard Street Figure 10. 1520 Howard Street (on left), directly south of 1516 Howard Avenue. Source: Google Maps, August 2014. Edited by author. Figure 11. 1520 Howard Street (on left), directly south of 1516 Howard Avenue. Viewed facing northwest. Source: Page & Turnbull, August 2014. State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 11 of 13 Resource Name or # 1516 Howard Avenue *Recorded by Page & Turnbull, Inc. *Date September 8, 2014  Continuation  Update DPR 523L Figure 12. Real Estate Files of 1520 Howard Street in 1954 (bottom) and 1962 (top). Source: Burlingame Historical Society. State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 12 of 13 Resource Name or # 1516 Howard Avenue *Recorded by Page & Turnbull, Inc. *Date September 8, 2014  Continuation  Update DPR 523L Historic Maps Figure 13. 1921 Sanborn Fire Insurance Company map of the subject block with 1516 Howard Avenue lot highlighted in red. Edited by author. Figure 14. 1949 Sanborn Fire Insurance Company map of the subject block with 1516 Howard Avenue highlighted in red. State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 13 of 13 Resource Name or # 1516 Howard Avenue *Recorded by Page & Turnbull, Inc. *Date September 8, 2014  Continuation  Update DPR 523L Edited by author. Historic Drawings Figure 15. 1934 drawing of 1516 Howard Street, Source: Appraisal Report – Assessor’s Office – San Mateo County, California. CITY OF BURLINGAME Community Development Department M E M O R A N D U M DATE: November 17, 2014 Director's Report TO: Planning Commission Meeting Date: November 24, 2014 FROM: Ruben Hurin, Senior Planner SUBJECT: FYI – REVIEW OF PROPOSED CHANGES TO A PREVIOUSLY APPROVED DESIGN REVIEW PROJECT AT 1428 VANCOUVER AVENUE, ZONED R-1. Summary: An application for Design Review for a new, two-story single family dwelling and detached garage at 1428 Vancouver Avenue, zoned R-1, was approved by the Planning Commission on January 27, 2014 Consent Calendar (see attached January 27, 2014 Planning Commission Meeting Minutes). A building permit was issued in June, 2014 and construction is underway. The applicant is requesting approval of an FYI to change the originally approved office/guest room to a living room with a fireplace. The proposed revision includes replacing a window along the left side of the house with a chimney and a smaller window (see attached explanation letter and revised building elevations, date stamped November 6, 2014). The architect submitted plans showing the originally approved and proposed building elevations, date stamped November 6, 2014, to show the changes to the previously approved design review project. Other than the changes detailed in the applicant’s letter and revised plans, there are no other changes proposed to the design of the house. If the Commission feels there is a need for more study, this item may be placed on an action calendar for a second review and/or public hearing with direction to the applicant. Ruben Hurin Senior Planner Attachments: Explanation letter submitted by the applicant, date stamped November 6, 2014 January 27, 2014 Planning Commission Minutes Originally approved and proposed plans, date stamped November 6, 2014