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HomeMy WebLinkAbout2536 Valdivia Way - Staff ReportItem # �J Action Calendar PROJECT LOCATION 2536 Valdivia 4Vay City of Burlingame Hillside Area Construction Permit Item # � Action Calendar Address: 2536 Valdivia Way Meeting Date: 2/12/07 Request: Hillside area construction permit for a 52 SF first floor addition to the left side of an existing house Applicant and Architect: David Uldrick, EASA Architecture APN: 025-171-090 Property Owner: Robert and Dierdre Shaw Lot Area: 14,121 SF General Plan: Low Density Residential Zoning: R-1 CEQA Status: CEQA Article 19. Categorically Exempt per Section: 15301 Class 1(e)(1) - additions to existing structures provided the addition will not result in an increase of more than 50% of the floor area of the structures before the addition. Summary: The applicant requested a hillside area construction permit for a 52 SF first floor addition to the left side of an existing single family dwelling at 2536 Valdivia Way, zoned R-1. This project was called up for review by the property owners at 2669 Martinez Drive, located to the rear of the subject property (see aerial). The initial letter submitted by the property owners at 2669 Martinez Drive is date-stamped January 29, 2007. The appellant also submitted a formal appeal via email on January 30, 2007. On February 6, one of the project architects, Ellis Schoichet, submitted a letter stating his concerns about the appeal. The existing house is a two-story structure with an attached garage and contains 4,068 SF of floar area (0.28 FAR). The applicant is proposing to add 52 SF of floor area to the first floor along the left side of the house, resulting in 4,120 SF of floor area (029 FAR). The addition would be located entirely beneath an existing second story overhang and the plate height of the addition will match that of the existing house (8'-1 "). The addition will be located directly behind the existing attached garage. With this project, the number of bedrooms (five) will not increase. Two covered parking spaces (20' x 20'-2" clear interior dimensions) are provided in the garage and one uncovered parking space (9' x 20') is provided in the driveway. Although a small pantry is proposed as part of this project and will extend into the garage area, the dimensions of the garage will still comply with parking space dimension requirements. All other zoning code requirements have been met. The applicant is requesting the following: • Hillside area construction permit far a 52 SF first floor addition to the left side of an existing single family dwelling (CS 25.61.020). Staff Comments: See attached. Planning staff would note that this project does not require design review because it is a single story addition. Also note that the City of Burlingame Beautification Commission's °Guidelines for Resolution of Bay View Disputes" are attached to this report for the commissioner's reference. 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KACP for a Fi�st Floor Addition Table 1— 2536 Valdivia Way 2536 f�aldivia Wuy Lot Size: 14,121 SF EXISTING ' PROPOSED ALLOWED/REQ'D SETBACKS ' __ _ _ _ _. _ _ Front (IS`fl�): 23'-1" (to garage) ', no change i 15'-0" (or block average) (2"`� flr): �47' (to family room) ' no change __ _ _ __ __ _ _ _ Sirle(left): 2'-0" (to garage)� '���, 9'-10" (to addition) 7'-0" (riglzt): 3'-0" (to front right corner)� �''�, no change 7'-0" _ _ __ _ __ _ _ _ _ Rear (IS`flr): 42'-0° (to BR 1) no change 15'-0" (2"d flr): 48'-0" (to bath) ' no change 20'-0" __ _ __ __ _ _ _ _ .__ Lot Coverage: �,536 SF ' 2,536 SF 5,648 SF 18% ' 18% 40% _ _ _ _. _ _ __ _ _ _ _ __ FAR: 4,068 SF ' 4,120 SF 5,648 SFZ __ _ 0.28 FAR ' 0.29 FAR 0.40 FAR _ __ __ Parki�:g: 2 covered (20' t 20'-2") '���� no change 2 covered (20' x 20') 1 uncovered (9' x 20') ', 1 uncovered (9' x 20') _ _ _ _...... . __ # of bedroo��zs: 5 ', no change --- Height: 26'-6" ' no change ' 30'-0" lr_ _`t __ r_ ._ nio�iii� iivii�.viiivii�iiu� '(0.32 x 14,121) + 1,100 SF = 5,619 SF Required Findings for a Hillside Area Construction Permit: Review of a hillside area construction pernlit by the Planning Coinmission shall be based upon obstruction by constiuction of the existing dis�ant views of nearby properties. Einpllasis shall be given to the obstruction of distant views from habitable areas within a dwelling unit (Code Sec. 25.61.060). Planning Commission Action: The P1amling Commission should hold a public hearing. Affirmative action shoiild be by resolution and include findings made for the hillside area construction permit. The reasons for any action should be clearly stated. At the public hearing the following conditions should be considered: that the project shall be built as shown on the plans submitted to the Planning Department and date stamped February 2, 2007, sheets AO through A4; 2 H�4CP for a First Floor Addition 2536 Valdavia Way 2. that any changes to the footprint, floor area, or building envelope shall require an amendment to this hillside area construction permit; 3. that during demolition of or removal of the existing structures and any grading or earth moving on the site, the applicant shall use all applicable "best management practices" as identified in Burlingame's Stonn Water Ordinance, to prevent erosion and off-site sedimentation of storm water runoff; 4. that demolition for 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; and 5. that the project shall meet all tl�e requirements of the California Building and Unifonn Fire Codes, 2001 Edition, as amended by the City of Burlingame. Lisa Whitman Zaning Technician c: David Uldrick, Architect 3 City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlin a� me.org � CITY �� �URIJNGAME APPLICATION TO THE PLANNING COMMISSION �'b..,m Type of application: Design Review ConditionalJJse Permit Variance Special Permit Other �� Parcel Number: Ff � I I�, .P�rw� � t� Project address: ' S�� �i ��✓'� c:. � ���r(��:,�n �, G� APPLICANT Name:_�C�/+rt.�� ���?r�� Address: City/State/Zip: Phone (w): (h): �fl� 7�ARCHITECT/DESIGNER Name: ��-�v� /lG�i��'t'�'�✓� �,%�'iU � Address: :�� 7 l—Jow�l.°� �✓ 5f �/� City/State/Zip: � �� �q f �pr � 9L/d}c� � Phone (w): �y�� � 3�3•���.i � PROPERTY OWNER Name: �� � � D; �Y'� �Jll 1� Address: ���v c i�li� ��y City/State/Zip: v,,--l�►•c��� �J�- G%7�1� Phone (w): ch�: H, � � �y7� o.s�� �fl� C%1%u�., Please indicate with an asterisk * the contact person for this project. (h): cfl: 6�� ?��� �svq7 PROJECT DESCRIPTION: I7 dN n AFFADAVIT/SIGNATURE: I hereby certify under penalty of perjury that the information given herein is true and correct to the best o m knowledge and belief. Applicant's signature: Date: � A� i� > I know about the proposed application and hereby authorize the above applicant to submit this application to the Planning Commission. , i� �� ,�/ Property owner's signature:_���/,C-���� Cl/'!��� Date: , �,l_��c' d U,�, _ '' ,� Date submitted: "� `` `� l,�l�! - ,� �00% CIN OF B! �; PCA?P.ERM PLANNIrd _. ' , - � PLG-Whitman, Lisa From: Grace & Larry Ngai [Igngai@earthlink.net] Sent: Tuesday, January 30, 2007 10:48 PM To: PLG-Whitman, Lisa Subject: Appeal to Project at 2536 Valdivia Way Dear Ms. Whitman, Thank you for your prompt response to our letter to Ms. Monroe in regards to the addition at 2536 Valdivia Way. Please note that we well received your two voice messages and hand-delivered letter. I am here to state that I am exercising the "Right to Appeal" to the addition at 2536 Valdivia Way. Thanks, Larry Ngai Owner of 2669 Martinez Drive, Burlingame 2/1/2007 �ECEIVED ARCHI I f �:l I;RL PROJECT: Shaw Residence Addition and Remodel: Hiliside Permit Application for 2536 Valdivia Way, Burlingame CA Lisa Whitman Zoning Technician City of Burlingame Planning Department 501 Primrose Road Burlingame CA 94010 �= EB 0 6 2007 CITY OF BURLINGAME PLANNING DEPT. l ob#: 063 74 Date: 2/5/07 Lisa, I.am writing to request that the Planning Department reconsider its acceptance of the (undated) appeal received from Larry Ngai of 2669 Martinez Drive on 1/29/07. Mr. Ngai's appeal concerns issues that are clearly kieyond the bounds of the Hillside Permit review. While the City may wish to help Mr. Ngai find an appropriate venue to air his grievance, his appeal has no place within the framework of the Hillside Permit review and should not be allowed to delay my clienYs application. In his appeal letter Mr. Ngai begins by acknowledging that the proposed addition will not have a substantial impact on his property. This should be enough to disqualify his letter as an appeal for the purposes of the Hillside Ordinance. Mr. Ngai g�es on to list two issues that he would "like thc property owners of 2536 Valdivia Way to consider": (1) dirt removal, and (2) safety and view issues related to trees on the "upper lawn". At this point I feel I need to recap the review criteria for the Hillside Ordinance that is on the books: 25.61.060 Review criteria. Review by the planning commission or city council shall be based upon the obstruction by the 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. (Ord. 1388 § 2(part), (1989)) With even the most liberal reading of the Ordinance neither of the two issues raised by Mr. Ngai are relevant. If some portion of the proposed construction had an impact on "existing distant views" from Mr. Ngai's property, then there would be grounds for an appeal. Since there is admittedly no such impact, there are no grounds for appeal. This is not a gray area that needs intcrpretation by Planning staff, the Planning Commission, or the City CounciL This is a fact acknowledged in the letter from Mr. Ngai. While I am truly disappointed that staff has initially chosen to accept Mr. Ngai's appeal and calendar the item before the Planning Commission, I respectfully request that the decision be reconsidered and reversed. The appeal should be rejected out of hand. Accepting an appeal such as this re-writes the Ordinance and makes a sham of the entire process. In my view Mr. Ngai's appeal is an abuse of the Hillside Permit process calculated to coerce my clients into doing his bidding on an unr,elated issue. The Planning DepartmenYs inability to deal decisively with this rype of abuse raises troubling questions about the DepartmenYs resolve to enforce the Ordinance in a man at is�fair to applicants as well as appellants. Should my request be rejected I will repeat these uments be,�or��the Planning Commission, and before the Council if necessary. Thank you r taki g the time to consider my request, Sincerely urs, _--- -- - -- Ellis . Scho' het AIA_ EA Arc tecture Cc: Meg Monroe, City Planner Ellis A Schoichet AIA Architeci Peninsula Building • 307 South "B' Street a12 • San Mateo CA 94407 •- 650 • 343 • 3452 EXHIBIT "A» CTTY OF EURI.INGAME GIIIDELINES FOR RESOLUTION OF BAY VIEW DISPUTES. �,=� A. PURPOSE The purpose of these guidelines is to set forth a procedure for the resolution of disputes between parties (both private and city property owners) relating to the loss of Bay views due to tree growth 1. These guidelines do not impair obligations imposed by an existing agreement, or a valid pre-existing enforceable covenant, easement or agreement� 2. Nothing in these guidelines is meant to replace the peaceful, sensible, and just resolution of differences between neighbors acting in good faith. The provisions " contained in these guidelines are meant to encourage that such resolution occurs prior to engaging in the recommended remedies provided by them. B. OBJECTIVES 1. To restore access to existing views of the bay from properties within the Hillside azeas subject to a hillside construction permit (Burlingame Municipal Code chapter 25.61). 2. To encourage the maintenance of positive relationships within a neighborhood when there is a conflict between a tree or trees and Bay view preservation. 3. It is not the objective of these guidelines to facilitate or encourage access to any other views such as of hills and landmarks, nor access to sunlight, nor the '._`� transmission of radio, televisioq satellite dishes, or other electronic signals. 4. To preserve and protect the aesthetic and practical benefits which trees provide for individuals and the entire community. 5. To discourage ill-considered pruning or destruction of trees. C. DEFINITIONS 1. "Bay vie�' means a distant vista or panoramic view of the San Francisco Bay. 2. "Crown Reduction" means a method of reducing the height or spread of a tree by performing appropriate pruning cuts. 3. "Crown Restorarion" means a method of restoring the natural growth of a tree that has been topped or damaged in any other way. 4. "DBH" means the diameter of the tree at breast height measured at 4_5 feet above the natural grade. In the case of multiple stemmed trees, the measurement will be the sum of diameters of all stems measured at 4.5 feet above the natural grade. 5. "Obstruction" means any substantial blockage or diminishment of a bay view from a structure lawfully used as a dwelling which is attributable to the growth, maintenance or locations of tree(s). 6. "Originating party" means any property owner who wishes to either remove or have trimmed a tree(s) on the property of another which creates an obstruction to the bay view of another within the Hillside areas subject to hillside construction `� permit (Burlingame Municipal Code cha.pter 25.61). 7. "Restorative action" means any specific requirement to resolve a tree dispute. 1 8e "Topping" means removal of the top portion of a tree's main leader(s) resulting in an overall reduction in the tree's height and size. � 9. "Tree" means any woody perennial plant characterized by having a single trunk of 15.28"DBH (48" circumference) or more, or any street tree regardless of size. 10. "Tree mediator" means any trained or experienced mediator(s) either recommended by, or on retainer with, the City of Burlingame. 11. "Tree owner" means any individual, company, corporatioq or other property owner owning real property in Burlingame upon whose land is located a tree or trees alleged by an originating party to cause an obstruction to a Bay view_ 12. "Tree removal" means the elimination of any tree from its present location. 13. "Trimining" means the selective removal of entire branches from a tree as to improve visibility through the tree and or improve the tree°s structural condition. ]�. PROCEDURES The procedures described in this section shall be followed in the resolution of Bay view disputes caused by the obstrucrion of tree growth within the Hillside areas subject to Buulingame Municipal Code chapter 25.61. l. Initial Reconciliation: An originating party who believes in good faith that growth, maintenance or location of trees on the property of another (hereafter referred to as the tree owner) diminishes the beneficiat use or economic value of his or her properiy because such tree(s) interferes with Bay views that existed prior to such growth,.maintenance, or location of the tree(s} on the property during the time the originating party has occupied the property shall notify the tree owner in writing of such concerns. a The notice shall include all the pertinent information descnbing the bay view obstruction b. The notification shall, if possible, be accomplished by personal discussions to enable the originating party and tree owner to attempt to reach a mutually agreeable solution_ 2. Mediation: If such initial reconciliation attempt fails, the originating party shall propose mediation as a means to settle the dispute on a relatively informal basis. a. Acceptance of inediation by the tree owner shall be voluntary. b. If inediation is elected, the parties agree to use any trained or experienced mediator(s) either recommended by, or on retainer with, the City of Burlingame. c. 'I'he mediation meeting may be informal, and no written record is necessary unless desired by one of the parties. d The mediation process may include the hearing of viewpoints of lay or expert witnesses, and shall include a site visit to the properties of the originating party and tree owner. e. The tree mediator shall not have the power to issue binding orders for the restorative action, but shall strive to enable the parties to resolve their dispute. 2 E_ GUIDELINES FOR RESOLUTION OF DISPUTES Factors to consider � In attempring to resolve Bay view tree disputes the parkies and /or mediator may consider the following factors in determining what restorative actions, if any, are appropriate: 1. Visual quality of the tree, including but not limited to species, characteristic size, growth, form, and vigor. 2. Location with respect to overall appearance, desigq and/or use of the tree owner's properiy. 3. Soil stability provided by the tree(s) 4. Visual, auditory, and wind screening provided by the tree(s) to the owner and to neighbors. E�sting privacy provided by the tree to the tree owner's home shall be given particular weight. 5. Energy conservation and/or climate control provided by the tree(s). 6. The economic value of the tree(s) as measured by the criteria developed by the International Society of Arboriculture and the economic value of the properiy as a result of the existence or maintenance of the tree(s). 7. Wildlife habitat provided by the tree(s). 8. Other factors including: the degree to which the species is narive to the area, indigenous nature of tree species, and specimen tree quality. 9. The tree(s) relation to the Municipal Codes governing the removal or pruning of a tree. 10. The existence of Bay views that cannot be seen from habitable structures because of the growth of trees since the acquisition of originating party's property withiri the Hillside areas subject to Burlingame Municipal Code chapter 25.61. 11. Expert opinion from mutually agreed upon tree expert(s) or an expert appointed by the mediator with the consent of the parties. F. RESTORATIVE ACTIONS The mediator may recommend restorative action, consistent with requirements in the municipal code, or no action. Restorative actions may include trimming, ttunning, topping, crown reduction, crown restora.tion, removal, or removal with replacement Written directions as to appropriate timing of restorative action may be included. Such restorative actions are to apply only to current parties to the dispute. It will be the responsibility of the originating party to provide the mediator with a copy of the City's Urban Reforestation and Tree Protection and/or Street Tree Ordinance. G. APPORTIONMENTS OF COST 1. The originating party shall pay all costs, if any, of inediation, unless otherwise agreed upon by all parties. 2. At any time during the procedure specified in this policy the parties may agree between themselves as to the allocations of the costs of restorative action. If such an agreement is not reached, the originating party shall pay one hundred percent -- to the costs of the initial restorative actions, as well as the cost of subsequent �; � restorative actions as the result of reoccurrence of the same obstruction. `!. 3 H. POLICY REVIEW This policy will be evaluated as to its effectiveness by the City Council two years from the date of Council approval. � Project Comments Date: January 5, 2007 To: [� City Engineer (650) 558-7230 ❑ Chief Building Official (650) 558-7260 ❑ City Arborist (650) 558-7254 From Subject: Staff Review: Planning Staff ❑ Recycling Specialist (650) 558-7271 ❑ Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Request for hillside area construction permit at 2536 Valdivia Way, zoned R-1, APN: 025-171-090 January 8, 2007 1. Storm drainage shall be designed to drain towards the street frontage or to the City storm drain system. 2. Replace all displaced/damaged sidewalk, driveway, curb and gutter. 3. Sewer backwater protection certification is required. Contact Public Works — Engineering Division at (650) 558-7230 for additional information. Reviewed by: V V �'� � Date: 01 /08/2007 , -- -- _ -- -- --- -_ - _- --_ � - a, Project Comments Date: To: From Subject: Staff Review: January 5, 2007 ❑ City Engineer (650) 558-7230 X Chief Building Official (650) 558-7260 a c�ty a�bo��st (650) 558-7254 ❑ Recycling Specialist (650) 558-7271 ❑ Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Planning Staff Request for hillside area construction permit at 2536 Valdivia Way, zoned R-1, APN: 025-171-090 January 8, 2007 1) All construction must comply with the 2001 California Building Codes (CBC), the Burlingame Municipal and Zoning Codes, and all other State and Federal requirements. 2) Provide fully dimensioned plans. 3) Provide a complete demolition plan that indicates the existing walls, walls to be demolished, new walls, and a legend. NOTE: The Demolition Permit will not be issued until a Building Permit is issued for the project. 4) Comply with the new, 2005 California Energy Efficiency Standards for low-rise residential buildings. Go to http://www.enerqy.ca.qov/title24 for publications and details. 5) Provide guardrails at all landings. NOTE: All landings more than 30" in height at any point are considered in calculating the allowable floor area. Consult the Planning Department for details if your project entails landings more than 30" in height. 6) Provide handrails at all stairs where there are four or more risers. 7) Provide lighting at all e�erior landings. Review�-�y::----_ � Date: �;;�� � , ���r�.� Date: Project Comments January 5, 2007 To: ❑ City Engineer (650) 558-7230 ❑ Chief Building Official (650) 558-7260 �City Arborist (650) 558-7254 From: Subject: Staff Review: Planning Staff ❑ Recycling Specialist (650) 558-7271 ❑ Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Request for hillside area construction permit at 2536 Valdivia Way, zoned R-1, APN: 025-171-090 January 8, 2007 /(�0 -- %i'ZE� /�S 5 v �► S_ _O_�_ _t�ts E fL.t1 /�I� �C � . Reviewed by: ' � � Date: �/4�0,� Project Comments Date: To: From: Subject: Staff Review: January 5, 2007 ❑ City Engineer (650) 558-7230 ❑ Chief Building Official (650) 558-7260 ❑ Recycling Specialist (650) 558-7271 � Fire Marshal (650) 558-7600 ❑ City Arborist (650) 558-7254 Planning Staff ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Request for hillside area construction permit at 2536 Valdivia Way, zoned R-1, APN: 025-171-090 January 8, 2007 While the project appears to not require sprinklers based upon proposed addition and remodel, the project is close. Be advised where more than one (1) addition and/or alteration for which building permits are required are made within a two (2) year period and said alterations are made to the premises of the same occupant. In such circumstances, the sum of these additions and/or alterations construction costs during this two (2) year period shall be aggregated for the purpose of calculating the replacement cost value formula. Final determination will be made and the plan review phase of the project. It is very important that you understand the threshold indicated by BMC §17.04.030. Designer, contractor, and owner should communicate specifically the extent of demolition and remodel. Keeping in mind any change orders and addendums which increase the total amount of square footage added or remodeled after plan review would be applied to the sprinkler ordinance. Reviewed by: � � /2� Date: �-2 _ '�\ 7 y...�,_ Project Comments Date: To: Fr�m Subject: Staff Review January 5, 2007 � City Engineer (650) 558-7230 � Chief Building Official (650) 558-7260 � City Arborist (650) 558-7254 � Recycling Specialist (650) 558-7271 � Fire Marshal (650) 558-7600 � NPDES Coordinator (650) 342-3727 � City Attorney Planning Staff Request for hillside area construction permit at 2536 Valdivia Way, zoned R-1, APN: 025-171-090 January 8, 2007 1) Any construction project in the City, regardless of size, shall comply with the City NPDES permit requirement to prevent stormwater pollution including but not limited to ensuring that all contractors implement construction Best Management Practices (BMPs) and erosion and sediment control measures during ALL phases of the construction project (including demolition). Include appropriate stormwater BMPs as Project Notes. These BMPs include but are not limited to the following: • Store, handle, and dispose of construction materials and wastes properly to prevent contact and contamination of stormwater; • Control and prevent the discharge of all potential pollutants, including pavement cutting wastes, paints, concrete, petroleum products, chemicals, wash water or sediments, and non-stormwater discharges to storm drains and watercourses; • Use sediment controls or filtration to remove sediment when dewatering site and obtain all necessary permits; • Avoid cleaning, fueling, or maintaining vehicles on-site except in a designated area where wash water is contained and treated; • Protect adjacent properties and undisturbed areas from construction impacts using vegetative buffer strips, sediment barriers or filters, dikes, mulching, or other measures as appropriate; • Perform clearing and earth moving activities only during dry weather; • Limit and time application of pesticides and fertilizers to prevent polluted runoff; • Limit construction access routes and stabilize designated access points; • Avoid tracking dirt or other materials off-site; clean off-site paved areas and sidewalks using dry sweeping method; • The Contractor shall train and provide instruction to all employees and subcontractors regarding the construction BMPs. 1 of 2 Project Comments Con't — 2536 Valdivia Way — hillside construction permit. 2) The public right of way/easement shall not be used as a construction staging and/or storage area and shall be free of construction debris at all times. The easement shall be protected from any site runoff. 3) Implement Erosion and Sedimentation Controls (if necessary): a. Install and maintain all temporary erosion and sediment controls continuously until permanent erosion control have been established; b. Address method(s) for diverting on-site runoff around exposed areas and diverting off-site runoff around the site; c. Address methods for preventing erosion and trapping sediment on-site. 4) Provide notes, specifications, or attachments describing the following: a. Construction, operation and maintenance of erosion and sediment control measures, including inspection frequency; b. Methods and schedule for grading, excavation, filling, clearing of vegetation, and storage and disposal of excavated or cleared material. Brochures and literatures on stormwater pollution prevention and BMPs are available for ycur review at the Planning and Building departments. Distribute to all project proponents. For additional assistance, contact Eva J. at 650/342-3727. Reviewed by: �� Date: 01/08/06 2of2 Larry & Grace Ngai 2669 Martinez Drive Burlingame, CA 94010 City of Burlingame Planning Department 501 Primrose Road Burlingame, CA 94010 Attn: Ms. Margaret Monroe, City Planner Dear Ms. Monroe, We received your letter dated January 23, 2007 in regards to the construction of 2536 Valdivia Way in Burlingame. While we do not think the 52 sqft addition would have substantial impact to our property, we would like the property owners of 2536 Valdivia Way to consider the followings: 1) Should the addition require any dirt removal, it should not cause or create any soil movement to their neighbors. 2) The trees on the upper lawn have overgrown in the last few years. During windy and stormy days, the trees create certain insecurity and discomfort to the neighbors. We are very concerned that the trees would fall from top down and damage our property, and also create certain hazards to our kids playing safely in the yard. In addition, the trees have overgrown way beyond its roof line and they have completely blocked our view to the Bay. We used to be able to see the entire San Mateo Bridge and Kohl Mansion on the east side of the property, the overgrown trees are now completely obstructing our view. While we respect the owners' privacy, we urge them to consider trimming down the trees to the roof line in order to ensure safety and rights to the view for their neighbors. Please kindly relate our comments and concerns to the property owners. Thank you. Sincerely, _._ �---- l\ \ f � Larry Ngai � � O�mer of 2669 Martinez Drive REC����� JAN 2 9 Z007 CITY OF BURLWGRPviE PIANNING DEPT. RESOLUTION APPROVING CATEGORICAL EXEMPTION AND HILLSIDE AREA CONSTRUCTION PERMIT RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for a hillside area construction permit for a 52 SF addition to an existing two-stor��le family dwelling at 2536 Valdivia Wav, zoned R-1, Robert and Dierdre Shaw, propertv owners, APN: 025-171-090; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on February 12, 2007, 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: 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 Article 19, Section: 1530, Class 1(e)(1) - additions to existing structures provided the addition will not result in an increase of more than 50% of the floor area of the structures before the addition., is hereby approved. 2. Said hillside area construction permit is approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such hillside area construction permit are as set forth in the 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 12`h day of Februarv, 2007 by the following vote: Secretary EXHIBIT "A" Conditions of approval for categorical exemption, design review and special permit. 2536 Valdivia Way Effective February 22, 2007 that the project shall be built as shown on the plans submitted to the Planning Department and date stamped February 2, 2007, sheets AO through A4; 2. that any changes to the footprint, floor area, or building envelope shall require an amendment to this hillside area construction permit; 3. that during demolition of or removal of the existing structures and any grading or earth moving on the site, 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; 4. that demolition for 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; and 5. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 Edition, as amended by the City of Burlingame. -2- �CITY OF BURLINGAME PLANNING DEPARTMENT BURLINGAME 501 PRIMROSE ROAD �� BURLINGAME,CA94010 '�} ' s�;�r} TEL: (650) 558-7250 • (650) 696-3790 �7' ���� y www.burlingame.org ? d a � -� _ �. . � � ' Site: 2536 VALDIVIA WAY The City of Burlingame Planning Commission announces the following public hearing on Monday, February 12, 2007 at 7:00 P.M. in the City Hall Cauncil Cham6ers, 501 Primrose Road, Burlingame, CA: Application for hillside area construction permit for a first floor addition at 2536 VALDIVIA WAY zoned R-l. (APN 025-171-090) Mailed: February 2, 2007 (Please refer to other side) o�y�ssoaazs ���� �i �,��,��r�m ��oao Us PosTAG� PUBLIC HEARING NOTICE � ����� � � '-� ��� ;.� �,= �� '�.�c s '� ~�-�- � �� �� _ __ . CITY OF BURLINGAME A copy of the application and plans for this project may be reviewed prior to the meetina at the Planning Department at 501 Primrose Road, Burlin�ame, California. If you challenge the subject application(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing, described in the notice or in written correspondence delivered to the city at or prior to the public hearing. Property owners who receive this notice are responsible for infornun� their tenants about this notice. For additional information, please call (650) 558-7250. Thank you. 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' 1 ,.'' • r � - ' L � ` ' ' • 4 �� +F. yuf' P '�,�j '�: i�t - . � � . " �i� ,� `'--• � �'� �- � � � .. _. .�;�_� �;' _ .. ' -� �� �„ r� .- ,' ` , \ ...� µ, ( : � ` ` . . r ; f . . � � g.�.�e ��'' �� S �Y � ' '� � r�t+� P f��,ya . � S � � s � : - � . .. � S �,� .;�' � - �'�'^G� _ � �`�' `�, .�c . ..r �►�. � I-. ��x �,? � k% � � - ' +�.:. _ �� � "�v r � 1+_ - ` � - � � .,°�� ����,� " ��� � _ �' • y � .� t` .r ' � � . � - �� 2 � 3 6 Valdivia ��Vay ' �t * ` --�� � _ ' _ � :_. �: "•� ' �- � 3� �,V '� � �, � � � �' ��,� . . � ,..w . °.�, � � �,<<�� _ ` .4 ) � � City of Burlingame Planning Department (650) 558-7250 • (650) 696-3790 (fax) Plan Review Comments Job Address: 2536 Valdivia Way Job Description: First Story Addition and HACP Lot Area: 14,121 SF (GIS) Zoning: R-1 1. Setbacks Front (1 st flr) (2nd flr) Existing _ _.. 23'-1" (to garage) -47'-0" (to family room) � Proposed __ __ (no change) (no change) _ _ Allowed/Required _..... _ 15'-0" (or block average) 20'-0" 5ide (lett): ! 2'-0" (to garage) 9'-10" (to addition) 7'-0" (right): ; 3'-0" (to front right corner) ; (no change) 7'-0" , _ . _. __ __ Rear (1 st flr): ' -42'-0" (to BR roof) (no change) 15'-0" (2nd flr): '-48'-0" (to 2�d floor bath) i (no change) ; 20'-0" __ _. _ _. Project complies with setback requirements in the front and rear. The left and right side setbacks are existing non-conforming. The project does �ot propose an increase in the existing encroachments into the side setbacks. 2. Lot Coverage 40% x 14.121 SF = 5648 SF inaximum allowed Existing Proposed ,. _ __ _ _ _ _ . ... . Lot Coverage: i 2536 SF 2536 SF 18% 18% _ __ _ _ _ • Project complies with lot coverage requirements (calculations attached). 3. Floor Area Ratio (0 32 x 14,121 SF) + 1100 SF = 5619 SF inaximum allowed (0.54 FAR) _... _ _. Existing Proposed Floor Area Ratio: ' 4068 SF 4120 SF 0.28 FAR 0.29 FAR • Project complies with floor area ratio requirements (calculations attached). 4. Building Height • First floor addition. No change is proposed to the building height. Allowed/Required _ 5648 SF 40% Allowed/Required __ _ 5619 SF 0.40 FAR 1 City of Burlingame Planning Department (650) 558-7250 • (650) 696-3790 (fax) Plan Review Comments Job Address: 2536 Valdivia Way 5. Declining Height Envelope (DHE) • First floor addition. The addition will have no impact on the declining height envelope. 6. Parking • No change is proposed to the number (five) of bedrooms in the house. Project site currently complies with parking requirements by providing two covered parking spaces (20' x 20' clear interior dimensions) and one uncovered parking space (9' x 20'). 7. Accessory Structures • The site plan shows no existing or proposed accessory structures on the property. 8. Landscaping • Project complies with landscaping requirements. Based on the calculated floor area (4120 SF), four landscape trees are required on the property. The site plan shows over a dozen existing landscape trees on the property. 9. 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