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Home My WebLink About2320 Valdivia Way - Staff ReportCity of Burlingame Conditional Use Permit for Toilet in Accessory Structure Address: 2320 Valdivia Way Request: Conditional use permit to add a toilet in an existing accessory structure. Plans date stam ed: Au ust 23, 2006 Proposed Allowed/Required Applicant and Property Owner: Edward Jr. Avakoff APN: 025-182-310 Designer: JD & Associates Lot Area: 11,550 SF General Plan: Low Density Residential Zoning: R-1 CEQA Status: Article 19. Categorically Exempt per Section: 15301 - Existing Facilities, Class 1(a), I�ltenor or exterior alterations involving such things as interior partitions, plumbing, and electrical conveniences. History: On August 28, 1989, the Planning Commission approved an application for rear setback variance for a first floor addition along the right side of the house (August 28, 1989 P.C. Minutes). On October 31, 2003, a hillside area construction permit was approved for a first floor addition at the front and rear of the house. Both of these additions were built. Summary: The triangular-shaped lot contains a single family dwelling with an attached two-car garage (3,477 SF), an accessory structure (441 SF) and a pool. The existing 441 SF accessory structure contains a cabana (306 SF), dressing room (45 SF), storage room (45 SF) and pool equipment room (45 SF). The applicant is currently remodeling the existing accessory structure which includes replacing the existing roof structure, new exteriar stucco, replacing doors and installing a wood-fired pizza oven and gas barbeque in the cabana. A building permit for the remodel was issued on May 30, 2006. The plans date stamped August 23, 2006, reflect the permitted remodel with the exception of the toilet in the dressing room which has been added for this application. The applicant is requesting a conditional use permit to add a toilet and sink to the existing dressing room (45 SF). The footprint of the accessory structure will not be changed with this proposal. A conditional use pernzit is required to add a toilet in an accessory structure (CS 25.60.010, j). A sink is permitted in an accessory structure without a conditional use permit. There is no shower ar tub proposed with this application. The applicant notes that it has always been a problem not having a restroom near the pool. With a toilet and sink in the accessory structure, family and guests using the pool will no longer need to go through the house to use the restroom. The applicant is requesting the following: • Conditional use permit to add a toilet in an existing accessory structure (CS 25.60.010, j). 2320 Valdivia Way Lot Area: 11,550 SF Lot Coverage: FAR: __ Location o�i Lot: Existing 3919 SF 33.9% 3763 SF 0.32 FAR _ within rear 51%' no change no change Item # ��' Consent Calendar Meeting Date: 10/10/06 4620 SF 40% 4796 SF 0.41 FAR no change special permit for ' accessory structure within the rear 40% ' Existing nonconforming (accessory structure located in the rear 51 % where location within the rear 40% is allowed). Cor�ditional Use Permit 2320 Valdivia Way 2320 Valdivin Wav Lot Area: 11,550 SF Plans date stam ed: Au ust 23, 2006 Existing � Proposed Allowed/Required Heiglit: 10'-10" to ridge no change ' 15'-0" to ridge 8'-1" to plate ' 9'-0" to plate _ __ ... _....... Size ofAccessory 441 SF no change exceeding 600 SF requires Structure: conditional use permit _. __ .._ . __.__.. _ . Windows: existing windows are no change windows less than 10' located mare than 10'-0" from property line and away from property owner : ; higher than 10' above ', grade require conditional use permit _ _ __ ,... _ . _ _ . Use: cabana (patio shelter), no change conditional use permit dressing room, storage ' required for patio shelter room and pool equipment 2 _....... _. _.. _ _... ... _..... _ . _ . . . Water or sewer no water or sewer add toilet in existing conditional use permit connection: connection accessory structure 3 required for a toilet in an accessory structure Z . . Lniouiis iivu�,vuiviuuii� a��.�aviy �uu��ui� u��, �Yauv ou�.it�i�. 3 Conditional use permit to add a toilet in an existing accessory structure (CS 25.60.010, j). Staff Comments: See attached. Study Meeting: At the Planning Commission study meeting on September 25, 2006, the Commission noted that there are no concerns with this request since the toilet is not accessed from inside in the cabana; there is a solid wall separating the cabana and proposed toilet room (September 25, 2006, Planning Commission Minutes). This item was set for the consent calendar as proposed with no changes. Findings for a Conditional Use Permit: In order to grant a conditional use permit to add a toilet in an existing accessory structure 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 mamzer compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general vicinity. � Condttional Use Per•mit 2320 valdivia Wny Conditional Use Permit Findings: Based on the findings stated in the attached minutes of the Planning Cornmission's September 25, 2006, public meeting, that there is a solid wall separating the interior ofthe cabana and toilet room, that the addition of a toilet is within the existing area of the accessory structure and that covered parking will be provided in the existing attached garage and therefore will have a minimal impact on neighboring properties; and that the project is found to comply with the conditional use permit criteria listed above. Planning Commission Action: The Planning Commission should hold a public hearing. Affirmative action should be taken by resolution and should include findings for the conditional use permit. The reasons for any action should be clearly stated. 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 Department and date stamped August 23, 2006, sheets 1 and 2; 2. that the existing accessory structure shall be only used as a pool cabana (306 SF), the bathrooin with only a sink and toilet (45 SF) shall not be accessed from the main room of the cabana, there shall also be a storage room (45 SF) and pool equipment room (45 SF); and the structure shall not be used for accessory living or sleeping purposes and shall never include a kitchen; 3. that the conditions of the Chief Building Official's August 25, 2006, memo, the City Engineer's, Fire Marshal's and NPDES Coordinator's August 28, 2006, memos, and the Recycling Specialist's September 6, 2006, memos shall be met; 4. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site wark shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 5. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; and 6. 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. Ruben Hurin Planner c. Edward Jr. Avakoff, applicant and property owner 3 CITY OF BLJRLINGAME PLANNING COMMISSION UNAPPROVED MINUTES 501 Primrose Road, Burlingame, CA September 25, 2006 Council Chambers I. CALL TO ORD Chair Brownrigg call the September 25, 2006�regular meeting of the Planning Commis�s n to order at 7:05 p.m. � II. ROL ALL Present: ommissioners Auran, Bro igg, Cauchi, Deal, Osterling, Terrone and Vistica sent: Commissioners: Non Staff Present: City Pla , Margaret Monroe; Plauner, Ruben nn; Senior Engineer, Doug Bell. IIL MINUTES The minutes of e September 11, 2006 regular m ting of the Planning Commission ere approved as mailed. IV. APP VAL OF AGENDA There re no changes to the agenda. , V. pROM THE FLOOR P Giorni, 1445 Balboa Avenue, con rned that because of past ex rience ith speculators building to the m imum without regard for t neighbor, there is a false assumption out th e that speculatars are a prob m, the shame of this is that speculators now epresent that they are doi the remodel for their own use; some neighb rs are so jaded that they thi that any house for sale will be bull dozed� would like this unhealthy atmosphere to cease, Commission should i e that all development is good for the neighborhood. VI. STUDY ITEMS 1. 2320 VALDIVIA WAY, ZONED R-1— APPLICATION FOR CONDITIONAL USE PERMIT TO ADD A TOILET IN AN EXISTING ACCESSORY STRUCTLJRE (EDWARD AND DONNA AVAKOFF, APPLICANTS AND PROPERTY OWNERS; JERRY DEAL, JD & ASSOCIATES, DESIGNER) PROJECT PLANNER: RUBEN HURIN C. Deal recused himself from this item because of a business relationship with the applicant. He stepped down from the dais and left the council chambers. Plr Hurin presented a summary of the staff report. Commission noted that there are no concerns with this request since the toilet is not located in the cabana and there is a solid wall separating the cabana and proposed toilet room. This item was set for the consent calendar as proposed with no changes. This item concluded at 7:12 p.m. C. Deal returned to the chambers and took his seat on the dais. Burlingame Planning Commission Minutes Page 2 August 28, 1989 3. SPECIAL P T TO USE EXISTING U TURE FOR PRIVATE ART STUDIO D PE SONAL OFFICE - 88 AIRP RT BOULEVARD, ZONE C-4 -�t ,�•" Reques . if specia permit 's granted c�uld a tion of the buii ng be rented ut 1 r, could appr�val conditioned to r ire a hearing bef e Planning Commiss n if this were done. Item set for public hearing September 11, 1989. ITEMS FOR ACTION 4. VARIANCE TO REAR SETBACK FOR AN ADDITION TO A SINGLE FAMILY RESIDENCE AT 2320 VALDIVIA WAY, ZONED R-1 Reference staff report, 8/28/89, with attachments. DPW Kirkup reviewed details of the request, staff review, Planning staff comment, findings required for approval of the variance. Two conditions were suggested for consideration at the public hearing. Chm. Ellis opened the public hearing. A1 Seyranian, architect representing Edward Arakoff, applicant and property owner, addressed Commission: he presented photographs and discussed the applicant�s desire to expand his family room, add some work space and add a new two car garage; the new attached garage would extend 8' into the required 15' rear yard. He noted the triangular shape of the lot and that the front of the lot as defined by the zoning code is on the Davis Drive frontage; they have been careful not to get too close to the neighbor, there is only a garage wall within a 5' setback facing the project site which has no windows or doors, there would be no impact on that neighbor nor on the neighbors on the other side. Giacomo Franco, 2316 Valdivia Way, spoke in opposition to less than a 15' setback, he expressed concern that in the future the applicant might wish to build on top of this addition. Staff advised applicant would have to come back to the Commission if he wanted to put anything more there than a one story garage. There were no further audience comments and the public hearing was closed. Commission/staff discussion: front of lot as defined by the zoning ordinance. C. Jacobs found this is a good location for the addition to this house, it will not impact the neighbor, there are exceptional circumstances in the way the house is placed on the lot, it is in conformance with the general plan and will not affect the neighborhood. C. Harrison requested architect's arguments in point a. be included as part of the findings. C. Jacobs moved for approval of the variance application by resolution with the following conditions: (1) that the addition as Burlingame Planning Commission Minutes Page 3 August 28, 1989 built shall be consistent with the plans submitted to the Planning Department and date stamped July 12, 1989; and (2) that the final plans shall meet all the requirements of the Uniform Building and Uniform Fire Codes. Motion was seconded by C. Graham. Discussion on the motion: why does the gas meter have to add 4 �o the width, why couldn't it be moved, take out a storage wall :�d move the structure 4' further back from the neighbor's garaye; think there could be a compromise on the part of the homeowner and developer to increase the space between his garage and the neighbor's garage by moving that storage space out, could keep the same size garage but put it up against the existing building and move the gas meter out. Architect commented this could be done but applicant wanted the storage space for his use, they felt they could get a two car garage in without changing the end wall of the existing building and leave the storage there. Motion was approved on a 7-0 roll call vote. Appeal procedures were advised. TWO VARIANCES FOR AN ADDITION TO A SINGLE FAMILY HOUS >�'AT 1 R(11 AIIFT.TNF IIRT�TF 7(1NFTl R-1 � Refe ence staff report, 8/28/89, with attachments. ,I�$W Kirkup revie d details of the request, staff review, �ning staff comment, applicant's letter, findings required to � nt a variance. One con 'tion was suggested for considerati� at the public hearing. Commissioner questioned the staf�'review sheet which lists one c ered parking space proposed. ��pplicant is proposing two covered rking spaces but in a�rfdem configuration which requires a vari ce.) Chm. Ellis opened e public heari�. Richard Payton, representing the owner and build , comment�6 this proposal is an improvement over what is there no this s the only way this can be done, it will pull two cars off h street. Responding to a Commissioner question, he advised are to the right where the present backyard is will be cleaned up, ere the rear addition is going to go there is an old shed which ill be moved. Speaking in support, Stephan Gogol, 1721 Adelin Drive: he 1'ves across the street, had nothing negative to say bout the propo 1, there is an existing awning which is an ey ore, anything will an improvement and a plus for that corner. There were no furth audience comments and the public hea 'ng was closed. C. Gra felt applicant should be commend on adding parking, she foun here were exceptional circumstances i that applicant has no ga ge at this time and this certain warrants special onsideration, it will not injure any neighbo ing properties or compromise any zoning. C. Graham moved for pproval of the variance� by resolution with the following conditi (1) that the City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlin ame.org �r� cirr o� BURLINGAME � o APPLICA�'ION TO THE PLANNING COMMISSION Type of application: Design Review Special Permit_ Project address: �� U Conditional Use Permit ✓ Variance Other Parcel Number: G� w Gl� APPLICANT � Name:�.�� '�'r Address: Z 3"�p �,a;�.V ��l c.�,� City/State/Zip: �� .+Fd�rc. �� i'�l C Phone (w): (n�: 6 � �- ��- -�� fl� ARCHITECT/DESIGNER Name: �c�.�--, � _� Address: f22� �,�arrz� /�vr . City/State/Zip: �t/'�i�� CGi 4'%�� C� Phone (w): �n�: ��- 3 43 ---�� - C�] PROPERTY OWNER Name: Address: � City/State/Zip:� _ �� Phone (w):. ' (h): �fl� Please indicate with an asterisk * the contact person for this project. PROJECT DESCRIPTION: i C� ��" � ��T7� ��' �� `� AFFADAVIT/SIGNATURE: I hereby certify under given herein is true and correct to. t13e'best of my k� � Applicant's signature: :y of perjury that the information and belief. /" '—� .� `/ �r� /. Date:,�� • — I know about the proposed applicatig�i and hereb� authorize the above applicant to submit this application to the Planning Commission.; � � , j ;' �, ' , Property owner's signature: /�� Date: � J� l� ,- � � � Date submitted: g� 23 - o� PCAPP.FRM City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlin a�e.orQ r� ciTr o � � BURLNGAME �`°�.. CITY OF BURLINGAME CONDITIONAL USE PERMIT APPLICATION The Planning Commission is required by law to make findings as defined by the City's Ordinance (Code Section 25.52.020). Your answers to the following questions can assist the Planning Commission in making the decision as to whether the findings can be made for your request. Please type or write neatly in ink. Refer to the back of this form for assistance with these questions. 1. Explain why the proposed use at the proposed [ocation will not be detrimental or injurious to praperty or improvements in the vicinity or to public health, safety, general welfare or convenience. See a �i-�a��c� � 3. How wil[ the proposed use be located and conducted in accordance with the Burlingame General Plan a�:d Zoning Ordir:ance? How will the proposed project be compatible with the aesthetics, mass, bulk and character of the existing and potential uses on adjoining properties in the general vicinity? cur.r�r� City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlin am�e.org 1. Explain why the proposed use at theproposed location will not be detrimental or inju�ious to properry or improvements in the viciniry or to public health, safery, general welfare or convenience. How will the proposed structure or use within the structure affect neighboring properties or structures on those properties? If neighboring properties will not be affected, state why. Think about tra�c, noise, lighting, paving, landscaping sunlighdshade, views from neighboring properties, ease of maintenance. Why will the structure or use within the structure not affect the public's health, safety or general welfare? Public health includes such things as sanitation (garbage), air quality, discharges into sewer and stormwater systems, water supply safety, and thing which have the potential to affect public health (i.e., underground storage tanks, storage of chemicals, situations which encourage the spread of rodents, insects or communicable diseases). Public safetv. How will the structure or use within the structure affect police or fire protection? Will alarm systems or sprinklers be installed? Could the structure or use within the structure create a nuisance or need for police services (i.e., noise, unruly gatherings, loitering, traffic) or fire services (i.e., storage or use of flammable or hazardous materials, or potentially dangerous activities like welding, woodwork, engine removal). General welfare is a catch-all phrase meaning community good. Is the proposal consistent with the city's policy and goals for conservation and development? Is there a social benefit? Convenience. How would the proposed structure or use affect public convenience (such as access to or parking for this site or adjacent sites)? Is the proposal accessible to particular segments of the public such as the elderly or handicapped? 2. How will the proposed use be located and conducted in accordance with the Burlinganae General Plan and Zoning Ordinanc�? Ask the Planning Department for the general plan designation and zoning district for the proposed project site. Aiso, ask for au explanation of each. Once you liave this information, you can compare your proposal with the stated designated use and zoning, then explain why this proposal would fit accordingly. 3. How will the proposed project be compatible with the aesthetics, mass, bulk and character of the existing and pot�tial uses on adjoining prop�ties in the general vicinity? How does the proposed structure or use compare aesthetically with existing neighborhood? If it does not affect aesthetics, state why. If changes to the structure are proposed, was the addition designed to match existing architecture, pattern of development on adjacent properties in the neighborhood? If a use will affect the way a neighborhood or area looks, such as a long term airport parking lot, compare your proposal to other uses in the area and explain why it fits. How does the proposed structure compare to neighboring structures in terms of mass or bulk? If there is no change to the structure, say so. If a new structure is proposed, compare its size, appearance, orientation, etc. with other structures in the neighborhood or area. How will the structure or use within the structure change the character of the neighborhood? Think of character as the image or tone established by size, density of development and general pattern of land use. Will there be more traffic or less parking available resulting froin this use? If you don't feel the character of the neighborhood wili change, state why. How will the proposed project be compatible with existing and potential uses in the general vicinity? Compare your project with existing uses. State why you feel your project is consistent with other uses in the vicuuty, and/or state why your project would be consistent with potential uses in the vicinity. CUP.FRM CONDITIONAL USE PERMIT APPLICATION-CITY OF BURLINGAME Avakoff Residence 2320 Valdivia Way Burlingame, CA. Conditional use permit application to add a toilet to an existing dressing room. 1 Explain why the proposed use at the proposed location will not be detrimental or injurious to property or improvements in the viciniry or to public health, safery, general welfare or convenience. With the addition of a toilet and a sink the existing dressing room will now double as a restroom which will adjoin the pool. It has always been a major problem not having a restroom next to the pool. With this remodel, family and guests will no longer need to go through the house. We look forward to eliminating those negative impacts. This project is a simple toilet and sink addition that is not affect Public Health, Public Safety, General Welfare. 2 How will the proposed use be located and conducted in accordance with the Burlingame General Plan and Zoning Ordinance? This is an e�sting Cabana with an existing footprint that is being remodeled. 3 How will the proposed project be compatible with the aesthetics, mass, bulk, and character of the existing and potential uses and adjoining properties in the general viciniry? This is a small structure very typical of a use adjoining a pool that has stucco and roo�ng material to match the existing. The new French doors will also add a distinctive element hat will tie the existing main dwelling. � Project Comments Date: To: From: Subject: Staff Review: 1) 2) 3) 4) 5) 6) 7) 8) 9) August 24, 2006 ❑ City Engineer (650) 558-7230 X Chief Building Official (650) 558-7260 ❑ City Arborist (650J 558-7254 ❑ Recycling Specialist (650) 558-7271 ❑ Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Planning Staff Request for conditional use permit for a bathroom in an accessory structure at 2320 Valdivia Way, zoned R-1, APN: 025-182-310 August 28, 2006 All construction must comply with the 2001 California Building Codes (CBC), the Burlingame Municipal and Zoning Codes, and all other State and Federal requirements. Submit three copies of revised plans to the Building Division for review and approval. Clearly label each page of the plans "NO PART OF THIS BUILDING TO BE USED FOR SLEEPING PURPOSES." Provide fully dimensioned plans. 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. 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. 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. Provide handrails at all stairs where there are four or more risers. Provide lighting at all exterior landings. Reviewed b . � � �� Date: �� Y' �. Date: -` Pres;ect C _.;r�: A�� ,` 24, 2006 To: �' C'i`�� ngineer (.;:.0) 55�-7230 ❑ C;�i�f Building Official (u��) 555-7260 ❑ C�` ,^,r._.. ..,. � ;, 558-725�: From: Subject: Staff Review: F ; : � S'.<Tf ; , � : .i::< ; f� � ccnditional us� s�.r��,:;ti�a G� 23`�0 Valdivia'" Au� ..._ ,_�� 1. Storm drainc ,��'��:! be desin�; �J to City st�rm _' :�.��. 2. Replace G„ ...... �;umage:� sic;��.� 3. Sewerba:::. r.,. _ .,� �_��`.:ric�„_ .. Engin,��ri _ _ ,_ - _ �� Reviewed by: \' �� ^�cycling Specialist 850) 558-7271 �ire Marshal �550) 558-7600 "^DES Coordinator 'S0) 342-3727 ty Attorney ,� � bathroom in an accessory ,-1, APN: 025-182-310 the street frontage or to the y, curb and gutter. ��'. Contact Public Works — :�I information. te: 8/28/2006 Project Comments Date: To: From Subject Staff Review: August 24, 2006 ❑ 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 conditional use permit for a bathroom in an accessory structure at 2320 Valdivia Way, zoned R-1, APN: 025-182-310 August 28, 2006 No comments at this time. Reviewed by: �.� `�� Date: � �� 6 Project Comments Date: August 24, 2006 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 Q NPDES Coordinator (650) 342-3727 � City Attorney Request for conditional use permit for a bathroom in an accessory structure at 2320 Valdivia Way, zoned R-1, APN: 025-182-310 August 28, 2006 No comment. � Reviewed by: � _ ) Date: 08/28/06 Project Comments Date: To: From Subject: Staff Review: August 24, 2006 ❑ City Engineer (650) 558-7230 ❑ Chief Building Official (650) 558-7260 ❑ City Arborist (650) 558-7254 Planning Staff X Recycling Specialist (650) 558-7271 ❑ Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Request for conditional use permit for a bathroom in an accessory structure at 2320 Valdivia Way, zoned R-1, APN: 025-182-310 August 28, 2006 Applicant shall submit a Recycling and Waste Reduction Plan for approval, and pay a recycling deposit for this and all covered projects prior to construction or permitting. Reviewed by:' -. _ r �� Date: �� RESOLUTION APPROVING CATEGORICAL EXEMPTION AND CONDITIONAL USE 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 conditional use permit to add a toilet in an existin� accessory structure at 2320 Valdivia Wav, zoned R-1, Edward Jr. and Donna Avakoff, property owners, APN: 025-182-310; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on October 10, 2006, 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: 15301 - Existing Facilities, Class 1(a), Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveniences, is hereby approved. 2. Said conditional use permit is approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such conditional use 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 10°i day of October, 2006 by the following vote: Secretary EXHIBIT "A" Conditions of approval for categorical exemption and conditional use permit. 2320 Valdivia Way Effective October 20, 2006 that the project shall be built as shown on the plans submitted to the Planning Department and date stamped August 23, 2006, sheets 1 and 2; 2. that the existing accessory structure shall be only used as a pool cabana (306 SF), the bathroom with only a sirilc and toilet (45 SF) shall not be accessed from the main room of the cabana, there shall also be a storage room (45 SF) and pool equipment room (45 SF); and the structure shall not be used for accessory living or sleeping purposes and shall never include a kitchen; 3. that the conditions of the Chief Building Official's August 25, 2006, memo, the City Engineer's, Fire Marshal's and NPDES Coordinator's August 28, 2006, memos, and the Recycling Specialist's September 6, 2006, memos shall be met; 4. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 5. that 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 fiill demolition of a structure, interior or exterior, shall require a demolition permit; and 6. 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- �� aTv � CITY OF BURLINGAME � PLANNWG DEPARTMENT BURLINGAME 501 PFIMROSE ROAD i�� y� � BUFLINGAME, CA 94010 : '�- i� m TEL (650) 558J250 • FAX: (650) 696 3790:- , www.burlingame.org �,y �'� �, s� ��, ;d �- Y .�.L�.._�. ,�r�..� `� � ��5� �'� � w � � ^ 03-' _ . , Y � _, ,.. ...._ __...r . .. . . ... Site: 2320 Valdivia Way The City of Burlingame Planning Commission announces the following public hearing on Tuesday, October 10, 2006 at 7:00 P.M. in the City Hall Council fhambers, 501 Primrose Road, Burlingame, [A: Application for conditional use permit to add a toilet in an existing accessory structure at 2320 Valdivia Way zoned R-l.(APN 025-182-310) Mailed: September 29, 2006 (Please refei• to otl�cr side) � �' �� r� iY� PUBLIC HEARING NOTICE CITY OF BURLINGAME A copy of the app(ication and plans for this project may be reviewed prior to the meeting at the Ptanning Department at 501 Primrose Road, Burlinaaine, 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, describecl in the notice or in wr-itten correspondence delivered to the city at or prior to the public iiearin��. Property owners who receive this notice are responsible for informin� their tenants abouC this notice. For additional information, please call (650) 558-7250. Thank you. Margaret Monroe City Planner 1�� F�3 ' � i� :. �a. P,� � i.. ...�- �.f„✓ . PUBLIC HEARING NOTICE (Please refer- to other side) �'�• f/ .,( f � � t� '\ ""'� ` _.i ti I. � 4^ .. l� .%> ` 1l �� ' .. �'�'''�� :�: .'' ,!/ i � n�. �r, / `l ' C ::] �, n / � , ` � �. � i '.•t . _ ' � ' F , . � . � I . .� � ` ��, .. ; , . _ L , � 4 . ._� '.� !_- "�J `�"l� 'r-� � : ��' - � � �ri � '�.i � � �.d �. � �� V�.� � 4 �v �,� _ 6 �. - . ,_ V- Fi � -'._- / _� S � . ��5'� . � � ' +5 - . ..._ E �� y n � . , �„''T��; t �� z♦' 6� £� � f � y� 4 ,i �_.� A �y-�.o-,,,, 1 '. , ' \ . t, l�i.�4, �� r .�:. 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F .' c", � 3 . �e : ,, w. ., . � . , � � . � .. � . .�..: _�_:,�' wF �`_.,�,�. , City of Burlingame item # 2. Conditional Use Permit for Toilet in Accessory Str-ucture Study Item Address: 2320 Valdivia Way Meeting Date: 9/25/06 Request: Conditional use permit to add a toilet in an existing accessory structure. Applicant and Property Owner: Edward Jr. Avakoff APN: 025-182-310 Designer: JD & Associates Lot Area: 11,550 SF General Plan: Low Density Residential Zoning: R-1 History: On August 28, 1989, the Planning Commission approved an application for rear setback variance for a first floor addition along the right side of the house (August 28, 1989 P.C. Minutes). On October 31, 2003, a hillside area constniction permit was approved for a first floor addition at the front and rear ofthe house. Both of these additions were built. Summary: The triangular-shaped ]ot contains a single family dwelling with an attached two-car garage (3,477 SF), an accessory structure (441 SF) and a pooL The existing 441 SF accessory structure contains a cabana (306 SF), dressing room (45 SF), storage room (45 SF) and pool equipment room (45 SF). The applicant is currently remodeling the existing accessory structure which includes replacing the existing roof structure, new exterior stucco, replacing doors and installing a wood-fired pizza oven and gas barbeque in the cabana. A building permit for the remodel was issued on May 30, 2006. The plans date stamped August 23, 2006, reflect the permitted remodel with the exception of the toilet in the dressing room which has been added for this application. The applicant is requesting a conditional use pennit to add a toilet and sink to the existing dressing room (45 SF). The footprint of the accessory structure will not be changed with this proposal. A conditional use permit is required to add a toilet in an accessory structure (CS 25.60.010, j). A sink is pernlitted in an accessory structure without a conditional use perniit. There is no shower or tub proposed �vith this application. The applicant notes that it has always been a problem not having a restrooin iiear the pool. With a toilet and sink in the accessoiy structure, family and guests using the pool will no longer need to go through the house to use the restroom. The applicant is requesting the following: • Conditional use permit to add a toilet in an existing accessoiy structure (CS 25.60.010, j). 2320 Valdivia Way Lot Area: 11,550 SF Plans date stam ed: Au ust 23, 2006 Existing Proposed Allowed/Required Lot Coverage: 3919 SF no change 4620 SF 33.9% 40% _ _ __ __ FAR: 3763 SF no change 4796 SF 0.32 FAR ' 0.41 FAR _ _ _ __ -_ ___ . _. _ . _. _ Location on Lot: within rear 51% ` no change special permit for '' accessory structure within the rear 40% ____ _..__... _ __ __ _ . _ ___ _ Heiglit: 10'-10° to ridge no change 15'-0" to ridge 8'-1" to plate ; 9'-0" to plate ' Existing nonconforming (accessory structure located in the rear 51 % where location within the rear 40% is allowed). Conditional Use Permit 2320 Valdivia Way 2320 Valdivia Way Lot Area: 11,550 SF Plans date stam ed: Au ust 23, 2006 Existing ' Proposed Allowed/Required Size of Accessory 441 SF no change ' exceeding 600 SF requires Structure: conditional use permit _ ... _ _ _ _ _ _.._ _ _.... __ Wi�i�dows: existing windows are no change windows less than 10' located more than 10'-0" from property line and away from property owner ' higher than 10' above i grade require conditional use permit _ _ __ _. _ . __ _ Use: cabana (patio shelter), no change conditional use permit dressing room, storage ' required for patio shelter room and pool equipment z _ _ . _... . Water or sewer no �vater or sewer add toilet in existing ; conditional use permit connectio�z: connection accessory structure' i required for a toilet in an accesso structure z . . i:ni��ii�s ii�ii�viiiviiiiiiir� a��.��viy �uu��ui� u��. �Ya�iv �iit,i�t.i�. 3 Conditional use permit to add a toilet in an existing accessory structure (CS 25.60.010, j). Staff Comments: See attached. Ruben Hurin Planner c. Edward Jr. Avakoff, applicant and property owner 2