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Home My WebLink About1529 Albemarle Way - Staff ReportCity of Burlingame Lot Coverage Variance and Conditional Use Permits For an Accessory Structure Item No. � Action Calendar Address: 1529 Albemarle Way Meeting Date: 6/12/06 Request: Lot coverage variance and conditional use permits for an accessory structure to be used for recreation purposes/sleeping quarters with a full bathroom at 1529 Albemarle Way, zoned R-1 (C.S. 25.28.065 and 25.60.010 (j) &(m)). Zoning: R-1 Property Owner and Applicant: Allen Menicucci APN: 025-228-350 General Plan: Low Density Residential Use � Lot Area: 5,175 SF CEQA Status: Article 19. Categorically Exempt per Section: 15303 - New Construction or Conversion of Small Structures Class 3(e), Accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. History: In 1989, the current property owner, Mr. Menicucci, applied for a permit to add a bathroom to an existing accessory structure at 1529 Albemarle Way. There was no record of planning or building permits for the original 110 SF accessory structure. Aerial photos showed the structure existed in 1979. At the time of this first application Mr. Menicucci's wife was ill and the accessory structure was to be used as an exercise room and sauna. In 1989 the Planning Commission approved a lot caverage variance and two special permits to add an 80 SF bathroom to the existing 110 SF structure. The bathroom contained a toilet, shower and sink. The lot coverage variance granted allowed 41% lot coverage where 40% is the maximum allowed. Two special permits (now conditional use permits) were also granted, one to allow the bathroom and one to allow the use of the structure for recreation purposes. The approval included conditions that required retroactive building permits be obtained for all of the work already completed and that the bathroom be removed in five years (May 1994) or a new application should be made to allow the structure to remain. In April 1994 Mr. Menicucci made application to the Planning Commission to renew the lot coverage variance and special permits to retain the accessory structure and bathroom. The Planning Commission approved the renewal of the lot coverage variance and special permits with conditions that the use of the structure and the bathroom portion shall be removed in five years (April 1999) or a new application shall be made before the permit expires in order to retain the use. Then in December 2000 Mr. Menicucci applied again to the Planning Commission to renew the lot coverage variance and special permits (now conditional use permits) for the accessory structure. With this request Mr. Menicucci noted that his wife was disabled and that he would like to convert the use of the accessory structure from an exercise room to living quarters for a live-in nurse. No change in the square footage and no alterations to the structure were proposed with the application. The Planning Commission approved the application with the condition that the use of the structure as living quarters shall cease and the bathroom portion shall be completely removed in five years (December 2005) or a new application shall be made before the permit expires to retain this use. The conditions also stated that the lot coverage variance was being granted only for the existing accessory structure and can not be transferred to any other portion of the property and will cease when any portion of the existing accessory structure is removed. Project Summary: In December, 2005, Mr. Menicucci's previous lot coverage variance and conditional use permits to use the accessory structure as living quarters with a bathroom expired. This request is for a new approval not an amendment or extension of the previous actions. He is now requesting a lot coverage variance and new conditional use permits to retain the existing accessory structure for use as a therapy Lot Coverage Variance and Conditional Use Permits 1529 Albemarle Way room/sleeping quarters with a full bathroom. The accessory structure would be used by family guests and care takers to stay as needed, which requires a conditional use permit. He is also requesting a conditional use permit to retain the existing full bathroom. Mr. Menicucci explains in the application materials for this project that his wife has passed away, but he wishes to keep the existing accessory structure so that he may use it as a therapy room. He would also like to retain the use of the structure as sleeping quarters for his family or a caretaker, should one be needed in the future for himself. There are no interior or exterior changes proposed to the structure, nor additional area added at this time. No kitchen or cooking facilities are proposed. Mr. Menicucci has asked that this be a permanent approval with no sunset clause, since this condition has now existed on the property for approximately 17 years. The existing single-story house has two bedrooms and an attached single car garage. The house and accessory structure together have a total of three bedrooms, which requires one covered (10' x 20') parking space and one uncovered (9' x 20') parking space. The parking requirement is met with the existing covered parking space in the attached garage (12' x 22') and one uncovered space (9' x 20') in the driveway. The applicant is requesting the following applications: Lot coverage variance for 41 %(2151 SF) lot coverage where 40% (2098 SF) is the maximum allowed (C.S. 25.28.065); Conditional use permit for an accessory structure to be used for accessory living quarters (therapy room and sleeping quarters) (C.S. 25.60.010 (m); and Conditional use permit to allow a shower, sink and toilet in an accessory structure (C.S. 25.50.010 (j). Table 1 -1529 Albemarle Way Lot Area: 5,175 SF EXISTING PROPOSED ALLOWED/REQ'D 0 0 Lot Coverage: 2,151 SF* No change 2,098 SF Structure Use: Living quarters Therapy room/Living CUP required uarters Bathroom Facility: shower, sink and toilet shower, sink and toilet2 CUP required * Variance for 41% lot coverage where 40% is the maximum allowed (granted in 2000). ' Conditional use permit for an accessory structure to be used for accessory living quarters (therapy room and sleeping quarters) (C.S. 25.60.010 (m)). Z Conditional use permit for a bathroom (shower, sink and toilet) in an accessory structure (C.S. 25.60.010(j)). All other zoning code requirements have been met. Staff Comments: There are no comments from other Departments on this existing accessory structure. Study Meeting: At the Apri124, 2006 Planning Commission study meeting, the commission asked several questions about the project. The applicant has responded to these questions in the attached correspondence date stamped May 18, 2006. Following are the Commission's questions and the applicant's responses: 1. Have tl:ere been complai�its about parking issues on tl:is street over tl:e years? The applicant notes that there have been no complaints about parking. Planning staff would note that parking to code is provided in the attached garage, and the City has no code enforcement cases involving parking on this street. -2- Lot Coverage Yariance and Conditional Use Permits 1 S29 Albemarle Way 2. Commissioners noted that this request has been approved several times with a five year sunset, but no permanent granting, concerned about tliis pattern; would like to see a condition of approval crafted tliat has no five year expiration but also notes that if tliere is an addition to the liouse or a building permit issued for $100,000 or more, then the accessory structure shall be demolished. � The proposed conditions of approval listed in the staff report include a condition that if there is an addition to the house or a building permit issued for $100,000 or more, then the accessory structure shall be demolished. The applicant has indicated that he agrees to this condition. 3. Commission �zoted that tl:e accessory structure has been there for 17 years now, is part of the house. The applicant notes that the accessory structure has been there for 17 years, and during this time it has always been used as a therapy room for his wife and family, and it never has been rented out. It is detached from the main house, but a building permit was issued for the addition of the bathroom. 4. Conditioii sl:ould be added that the accessory structure sl:all not be used as a second dwelling unit. • The proposed conditions of approval listed below include one that states that the accessory structure shall never be used as a second dwelling unit and shall never include a cooking element or unit. The applicant has indicated that he agrees with this condition. 5. Commissioners �:oted that the Planning Commission approved the application i�i 1994 because the property owner had an ailing wife and needed the exercise area, it was not for guests or others, was trying to help out tl:e owi:er at tlzat time, structure sliould be removed now. The applicant has submitted a letter from Dr. David Sugarman, date stamped May 18, 2006, which indicates that Mr. Menicucci should continue to use the therapy room for his own medical needs. 6. The Commission noted that tlie owner �:eeds to provide a better explanation of wliy tlie Planning Commissio�t sl:ould allow use of tl:e accessory structure to co�:tinue. The applicant has submitted the attached letter from Dr. David Sugarman which provides an explanation for the applicant's use of the accessory structure as a therapy room. Required Findings for Variance: In order to grant the requested lot coverage 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. �c� Lot Coverage Yariance and Conditional Use Permits 1529 Albemarle Way Findings for a Conditional Use Permit: In order to grant conditional use permit for accessory living quarters and to include a shower, sink and toilet, 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 hold a public hearing. Affirmative action should be taken by resolution and should include findings. The reasons for any action should be clearly stated. At the public hearing the following conditions should be considered: Conditions: 1. that the project shall continue to be consistent with the plans submitted to the Planning Department and date stamped March 30, 2005, Site Plan, Floor Plan and Elevations; 2. that the accessory structure use shall be limited to a therapy room and sleeping quarters for family guests or a caretaker to stay as needed; 3. that if there is a building permit for an addition to the main structure or for any construction valued at $100,000 or more on this property, the accessory structure shall be demolished; 4. that the accessory structure shall never be used as a second dwelling unit, shall never include a kitchen or cooking element, and shall not include additional or upgraded utility services without an amendment to this conditional use permit; 5. that the lot coverage variance being granted is based on the existing conditions on the property which were approved by previous permits; the lot coverage variance is applicable only to the existing accessory structure, cannot be transferred to any other portion of the property and will cease when any portion of the existing structure or the accessory structure is removed; 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. Maureen Brooks Senior Planner c. Allen Menicucci, property owner �� City of Burlingame Planning Commission Minutes Apri124, 2006 Mitigated Negativ eclaration for the ' igation Monitoring P : The motion passed on 6-0-1(C. Cauchi absent he Chair noted that e Cominission directed nd the applicant agreed tha e landscape plan shall revised with tree pro ction measures added a a more detailed planting pl with species and contai r size, and that the pl shall be returned to the anning Commission for F and accepted before the�luilding permit is iss d for this project. / C. Osterling mov to recommend the Tent 've and Final Parcel Map fo he merger of the two parcels the City Coun � for approval. The moti was seconded by C. Brow �gg. Chair ran called for a voice vot on the motion to recomme the Tentative and Final Pa el Map to the �'ouncil for approval advised. This item VI. 1. STUDY ITEMS >n passed on a 6-0-1(C. auchi absent) voice vote.�tppeal procedures at 7:30 p.m. � 1529 ALBEMARLE WAY, ZONED R-1— APPLICATION FOR CONDITIONAL USE PERMITS FOR AN ACCESSORY STRUCTURE TO BE USED FOR RECREATION PURPOSES/SLEEPING QUARTERS WITH A FULL BATHROOM (ALLEN MENICUCCI, APPLICANT AND PROPERTY OWNER) PROJECT PLANNER: CATHERINE BARBER Plr. Barber presented a summary of the staff report and applicants request to now use this accessory structure for recreation and living purposes. Commissioners asked: • Have there been complaints about parking issues on this street over the years? • Has been approved several times, the Planning Commission always includes a five year sunset, but not final approval, concerned about this pattern; • Would like to see staff craft a condition of approval that has no five year expiration but says that if there is an addition to the house or a building permit issued for $100,000 or more then the accessory structure must be demolished; • Has been there for 17-years now, part of the house; • Condition should be added that says if the house is altered the Planning Commission shall require the removal of the accessory structure; • Condition should be added that accessory structure shall not be used as a second dwelling unit; • The previous Planning Commission approved in 1994 because the property owner had an ailing wife and needed an exercise area, it was not for guests or others, was trying to help out the owner at that time, should be removed now; • Owner needs a better explanation of why the Planning Commission should allow use of structure to continue. This item was set for the regular action calendar when all the information has been submitted and reviewed by the Planning Department. This item concluded at 7:39 p.m. 5 May 19�', 2006. Letter to the City of Burlingame planning Commission 2006 regarding 8 items requested to be answered to the best of my ability — Allen Menicucci, 1529 Albermarle Way, Burlingame, California 94010, concerning Therapy Room in Rear of the House. Refer to unapproved minutes April 24`h for questions asked: Item (1) No, we went through the whole legal system. Item (2) Yes. Item (3) Yes, I agree the building should be demolished if 100,000 was spent on remodeling or any kind of addition to the main house or Therapy room. Item (4) it has been here for 17 years and has always been used for Therapy room for my wife and family, never once did I ever rent room out. It is detached from my main house but legal with permits a bathroom was added on. Item (5) Yes, I agree that accessory structure sha11 not be used as a 2"d dwelling. Item (6) I am asking current Planning Commission to read Dr, Sugarman's report and use the same feelings for Allen Menicucci Therapy's as they did my wife Ann Menicucci with her family & care taken only. Item (8) Please refer to Dr David Sugannan's letter May 16`�' to city Planning Commission, why the structure should continue. Thank you for your time ALLEN MENICUCCI RECEIVED MAY 1 8 2006 CITY OF BURLINGAME PLANNING DEPT. DAVID J. SUGARMAN, M.D., INC. Nephrology and Internal Medicine May 16, 2006 City of Burlingame Planning Commission RE: 1529 Albermarle Way Allen Menicucci DOB: 05-05-30 To Whom It May Concem: RECE!l��D MAY �. g 2006 CITY OF BURLINGAME PLANNING DEPT. �750 EI Camino Real, Suite 202 Burlingame, California 94010 (650)697-3721 FAX(650)697-6105 Mr. Allen Menicucci has been a patient of mine since May 9th, 2001. Mr. Menicucci suffers from multiple medical problems including hyperlipidemia, hypertriglyceridemia, GERD, diabetes, hypertension, diverticulosis, and chronic obstructive pulmonary disease. This 76 year old gentleman has had multiple medica! complications recently resulting in several emergency room visits. Due to Mr. Menicucci's deteriorating health 1 feel it essential for him to continue to use the Therapy Room which was originallybuilt for his deceased wife. This patieni relies on his caretaker for every aspect of his daily life, without this help Mr. Menicucci would not be able to manage his essential daily needs. Due to the special circumstances 1 would like to request that you may allow Mr Menicucci to continue to make use of the already functioning Therapy Room in his residence. To neglect such aspect of his care considering his medical history may result in further medical complications. Thank you for your consideration and assistance in this matter. If you should have any questions regarding this patient, please don� hesitate to contact my o�ce. Sincerely, ! J � avid J. Suga an, M.D. Intemal Medicine/Nephrol gy DJS jje City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlin a� me.org a`, CITY p .C� .P eu�,c�u+e �..s.,.�•,r' APPLICATION TO THE PLANNING COMMISSION Type of application: Design Review Special Permit Project address: r� � . Conditional Use Permit� Variance Other Parcel Number: APPLICANT PROPERTY OWNER I Name: ��'� F l�I � Ucc % Name: ��%�-� �f�,�( � C u c c I Address: I `�� q �- �R �R M �1�� F �Uf(`� Address: /�� {�L�r� �t ��2L.F City/State/Zip:j�J�f�- �r �► �j �� 1 r � ��i �. %S��l �ity/State/Zip: � u 2 � �c � v �' p/(j' Phorie (w):_ �D �S'D - F �'s��T,�_ Phone (w):��i .-6 — (h): �� ARCHITECT/DESIGNER Name: Address: City/State/Zip: Phone (w): (h): (fl�. (h): �fl� Please indicate with an asterisk * the contact person for this pr��EIVED MAR 3 0 2006 CITY OF BURLINGAME PLANNING DEPT. .�' ! Applicant's signature:_ �x� ��' � �v-,.�-�-��-'� Date: �� ' �-U - �'� 6 I know about the proposed application and hereby authorize the above applicant to submit this application to the Planning Commission. � f'��.,� 3 � ��e U E Property owner's signature: Date: Date submitted: ��- � D �_��Q � PCAPP.FRM AFFADAVIT/SIGNATURE: I hereby certify under penalty of perjury that the information given herein is true and correct to the best of my knowledge and belief. � `� �ii�\ `� � i��' I � � � C� `- � � � J 1 �� r�� -��-,10 ��_�� _ �� .S-� � u c�� 1--� �� - `� S-�'--�� c� c � � ��=� �r- _ � `� � 1�, � ��'��,�� -�- �, �� ..�� lo �- �, ��„�-- � � �i � ��. �� _ �� . . � _ �, 1�01� � .�,c,v -�.''_^- —_.__._—_ ; --------------�.. —.____�-��^r"- . r.`------------- ---i F d . . :r. . . � .-. � - .- �.. . a.. City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 � c�Tr o ��. ,� , .. . �,H,,,N�,,,,,,E CITY OF BURLINGAME : ' . . ...: � � � " CONDITIONAL��USE PERMIT �APPLICATIO] �,..,.e.,�•�'`� www.burlin a� me.org 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 location will not be detrimental or injurious to property or improvements in fhe vicinity or to public health, safety, general welfare or convenienc� -�� _ �`� �� - �- � � � �- �� - RECEIVED MAR 3 0 Z006 2. How will the proposed use be located and conducted in General Plan and Zoning Ordinance? !�'� � �-�-� �,.�� -�.� �-,� . � � �- , . , , . � i , ,� !� r.i CITY OF BURLINGAME PLANNING DEPT. accordance with the Burlingame �y- �C'Q vr.e-a-e. /l-Q��'.`-� �- � .-�-�- . �"7 �� .�-� � 3. How will the proposed project be compatib[e with the aesthetics, mass, bulk and character of the ezisting and potential uses on adjoining properties in the general viciniry? (,l%� �-�'.� � ��-� �� .� �Q�,� `:v`� .��.�Q � � � � �� '�� f � �;� � D�� CK�1�l��ul City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 vvww.burlingame.orQ 1. Explain why the proposed use at the proposed location will not be detrimental or injurious to property or improvements in the vicinity or to public health, safety, general welfare or convenience. How will the proposed structure or use within the structure affect neighboring properties or structures on those properties? Ifneighboring properties will not be affected, state why. Think about traffic, 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 af�ect 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 tlus site or adjacent sites)? Is the proposal accessible to particular segments of the public such as the elderly or handicapped? 2. How will theproposed use be located and conducted in accordance with the Burlingame General Plan and Zoning Ordinanc�? Ask the Planning Department for the general plan designation and zoning district for the proposed proj ect site. Also, ask for an explanation of each. Once you have 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 potaztial uses on adjoining propa�ties in the general vicinity? How does the proposed structure or use compare aesthetically with existing neighborhood? If it does not af%ct 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 from this use? If you don't feel the character of the neighborhood will 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 vicinity, and/or state why your project would be consistent with potential uses in the vicinity. CUr.FxNt �i'.' :� ,3 ':'i1 � � �� <i�n_�� CITY OF BURLINGAME Plaming Depuhnwt Ciry F{all - 50I Prirtvou Road Burlingame, Califomia 940I0-3997 Tel.(650)558-7200 December 19, 2000 -Allen Menicucci 1529 Ablemarle Way Burlingame CA 94010 Dear Mr. Menicucci, Since there was no appeal to or suspension by the City Council, the December 11` 2000 Planning Commission approval of your application for a lot coverage variance and conditional use perinit became effective December 18, 2000. This application was for an existing accessory structure located at 1529 Ablemarle Way, zoned R-1. � '- The December 11, 2000 minutes of the Planning Commission state your application was approved with the following conditions: that the structure size and floor plan shall continue to be consistent with the plans submitted to the Planning Department date stamped October 3, 2000; 2. that the use of this structure as living quarters shall cease and the bathroom portion shall be completely removed in five years (December, 2005) or a new application shall be made before this permit expires to retain this use; 3. that the use in this structure shall be reviewed on an annual basis, by appointment with the owner, to insure that the conditions of approval are complied with; . 4. that the lot coverage variance being granted by the Gity is based on the existing conditions on the property, which were approved by.previous permits, and that the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unnecessary hardship. Therefore, the lot coverage variance is applicable only to the existing accessory structure, cannot be transferred to any other portion of the property and will cease when any portion of the existing accessory structure is removed. 5. that the conditions of the Building Official's October 10, 2000, memo shall be met and separate application for a Building Department will be required befo�e the accessory structure can be utilized as living quarters; and December 19, 2000 1529 Albemarle Way page -2- 6. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 1998 Edition, as amended by the City of Burlingame. � All site improvements and construction work will require separate application to the Building Department. This approval is valid for one year during which time a building permit must be issued. One extension of up to one year may be considered by the Planning Commission if application is made before the end of the first year. The decision of the Council is a final administrative decision pursuant to Code of Civil Procedure Section 1094.6. If you wish to challenge the decision in a court of competent jurisdiction, you must do so within 90 days of the date of the decision unless a shorter time is required pursuant to state or federal law. Sincerely yours, �a2��'��1r�z, Margazet Monroe City Planner EL�s 1529AI.BE.cca _. Chief Building Inspector Chief Deputy Valuation, Assessor's Office (LOT 11 BLK 2 RAY PAIZK RSM 23/45 46 47 48 APN: 025-228-350 City of Burlingame Planning Commission Minutes December 11, 2000 2. 1250 BAYSHORE HIGHWAY - ZONED C-4 -APPLICATION FOR NEGATIVE DECLARATION, VARIANCES AND CONDITIONAL USE PERMITS FOR CONSTRUCTION OF A PROPOSED SINGLE- STORY ADDITION TO AN EXISTING HOTEL WHICH EXCEEDS THE TOTAL SITE LANDSCAPING AND COMPACT CAR PARKING SPACE REQUIREMENTS IN THE C-4 ZONE, AND TO VARY FROM THE LANDSCAPING REQUIREMENTS OF THE DESIGN GUIDELINES FOR BAYFRONT DEVELOPMENT (BOB EVERINGHAM, EVERINGHAM ASSOCIATES, APPLICANT; BURLINGAME HOTEL CORP. LTD., PROPERTY OWNER; TSH ARCHITECTS, ARCHITECT) CP Monroe presented the staff report. The commissioners asked: would not like to see `lollypop' trees on this segment of bay frontage, can't tell from what is proposed what their appearance will be, explain; would prefer a native shoreline look, shrubs might be better than trees; show a"windmill palm", am unfamiliar with that tree, but do not want palms at this location; applicant does not seem to have addressed the concerns raised at the last meeting; should do so since there are extra parking spaces, it would be a good idea to reduce the number to what is required and come closer to the landscape guidelines, could add tree wells in the parking lot; add landscaping which looks as if it belongs on the bay edge; what happened to the bridge across Easton Creek, can it be conditioned for future installation; need to break up the sea of parking on this site with some landscaping. There were no further questions and the item was set for action on January 8, 2001, providing all the information can be submitted to the Planning Department in time. This item concluded at 7:22 p.m. VII. ACTION ITEMS 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. Chairman Luzuriaga asked if anyone in the public or on the commission wished to take any item off the consent calendar. Commissioner Deal noted that he would be abstaining on the vote for the projects at 1109 Bernal and 1637 Balboa because he had a business relationship with those applicants. Staff was asked to explain whether this was addition of another parapet sign on the hotel at 765 Airport Blvd.; CP Monroe noted that this was a relocation of a previously approved but never installed parapet sign. There were no other comments. 3A. 1821 RALSTON AVENUE - ZONED R-1- APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION (NOEL F. CROSS, APPLICANT AND ARCHITECT; CARTER AND AMY BRIK, PROPERTY OWNERS) 3B. 1109 BERNAL AVENUE - ZONED R-1- APPLICATION FOR DESIGN REVIEW FOR A FIRST.AND SECOND STORY ADDITION (CATHERINE SHN, APPLICANT AND PROPERTY OWNER; JD & ASSOCIATES, DESIGNER) 3C. 1637 BALBOA AVENUE - ZONED R-1- APPLICATION FOR FRONT SETBACK VARIANCE FOR A FIRST FLOOR ADDITION (ELIAS J. NOVO, APPLICANT AND PROPERTY OWNER; JD & ASSOCIATES, DESIGNER) 3D. 1529 ALBEMARLE WAY - ZONED R-1- APPLICATION FOR CONDITIONAL USE PERMIT AND LOT COVERAGE VARIANCE TO RETAIN AN EXISTING ACCESSORY STRUCTURE AND CONVERT ITS USE TO LIVING QUARTERS (ALLEN T. MENICUCCI, APPLICANT AND PROPERTY OWNER) 3E. 765 AIRPORT BOULEVARD - ZONED C-4 - APPLICATION FOR SIGN EXCEPTION AMENDMENT (STEVE PETERSON, AD ART ELECTRONIC SIGN CORP., APPLICANT; 765 AIRPORT BOULEVARD L.P., PROPERTY OWNER) Z C. Osterling moved approval of the consent calendar based on the facts in the staff reports, commissioners comments and the findings in the staff reports with recommended conditions in the staff reports and by resolution. The motion was seconded by C. Bojues. Chairman Luzuriaga called for a voice vote on the motion; 1821 Ralston Avenue, 1529 Albemarle Way, 765 Airport Blvd. passed on a 7-0 voice vote. The projects at 1109 Bernal Avenue and 1637 Balboa Avenue passed on a 6-0-1 (C. Deal abstaining) voice vote. Appeal procedures were advised. This item concluded at 7:25 p.m. VIII. REGULAR ACTION ITEMS 4. 1610 FORESTVIEW AV E- ZONED R-1 SETBACK AND FLO AREA RATIO VA� ADDITION (JOHN RMANNSSON, APPLIC� PROPERTY O ERS) / PPLI YON FOR DESIGN S FOR A FIRST AND AND ARCHITECT; DEAIy� V��V, FRONT �OND STORY TAMI RALLY, Reference staff re rt, 12.11.00, with attachm�s. Planner Hurin presented k�e report, reviewed criteria and Planning Depa ent comments. Four condi ns were suggested for consid ation. Commission asked if a floor area ratio (F ) variance was required w' the original submittal. Plann responded no. The FAR varian��was required ter revisions were made to e original project. Commissi er Dreiling noted that he had met�wrth the appl��nt to discuss the project sh ly after it was submitted for�ign review. Commission had�6additional Chairman Luzuriaga op ed the public hearing. John I��rmannsson, architect, 1204 M��lefield Road, Suite E, Redwood City, provi d a model of the proposed pr j�ct, noted that the second floor �ddition is now centered on the house, the ext� ed covered porch added to th AR but was intended, intent to�provide a break to the two story wall and help c�`iiter the second floor. Comm' ion noted a concern with the p posed number of skylights on the second floo , it will be a visual beacon to t neighbors; applicant noted tha e skylight configuration was revised from a gt:�enhouse style to a traditional mdividual skylight system, inte� t is to bnng natural light to the first floor dinin �_� room and hallway, is it now y��ry dark. Commission asked i��tl�iere is somewhere to reduce the FAR by 39 SF•�applicant noted that the trellis-or a portion of the covered p�C��eii could be eliminated to reduce the FAR, in� ase this square footage is beir�g used to reduce the mass and b Ik, have a hardship in that the second floor�dition is required to be centered ori the house and the front doo�yfs located at the rear of the house, large cov�red porch serves as an access corridor to the house since there i� �no interior hallway. Commission noted thaf on the left elevation, one of the �olumns has a different base, i ere a reason for the extra width? Applicant commented that the intent is to give it more presence and was d e for aesthetic reasons only. / Further disc,ussion: Commission noted tY�a� the second floor eave is 10' away from the edge of the chimney, the building �iepartment requires a minim of 10' from eave to the center of the chin�%y, may have problems when subm�ing for a building permit, m have to shift the second floor addition fu�l%r towards the front of the house, su��ested adding a gas firepla�or moving the chimney to comply with �lfe separation requirement instead of siiiftmg the addition, applic�f agreed; the revised project is a great im ovement, style is more consistent, there must be a hardship on the�roperty m order to grant a variance, sees justification for requested variances, should adjust the project to �inate the FAR variance, suggests modi mg the trellis so that it does not count in FAR, trellis can be modifxed so that it is attached to the house and �eomes an eave; Commission noted that the roof over the porch is not�hown consistently in the model and plans,,�applicant noted that is was difficult to accurately depict the roof slo "m the revised model; Commission comm�nted that the porch brings the entry closer to the street is project uld work if the applicant could find some way to reduce the FAR by 39 SF to comply. T ublic heari was closed. i ;' Commission discussion: this design is a great improvement from previous submittal, the reaso or FAR is to keep the mass and bulk of the building down; the location of the entry towards the rear is un ual, the applicant has addressed the second floor mass by e��ending the porch, the proposed porch is approxi tely 300 SF, with the 100 SF covered porch exemption the�pplicant is being charged for 200 SF of covered orch, the trellis and porch do not add to the mass and bulk a an enclosed area would, porch is an asset to t uilding, feels that this is a good project, 39 SF over the FAR ' acceptable, can support the variance since it i not adding to the bulk; feels that the applicant can reduce the R by 39 SF and keep the integrity of the de �, does not want to set a precedent for � City ojBurlingame Planning Commission Unapproved Minutes � November 27, 2000 2. 1529 ALBEMARLE WAY - ZONED R-1- APPLICATION FOR CONDITIONAL USE PERMIT AND LOT COVERAGE VARIANCE TO RETAIN AN EXISTING ACCESSORY STRUCTURE AND CONVERT ITS USE TO LIVING QUARTERS (ALLEN T. ME1vICUCCI, APPLICANT AND PR(1PF.RTY (1WNRR1 CP Monroe presented the staff report. Commission asked: applicant is adding a bedroom, what parking is available on site; should include a condition that requires annual review of this use and a sunset clause; is lot coverage exceeded with this current request, if it is it should be noted that the surplus lot coverage can only be used by the accessory structure, not for expanding the house later; does the accessory structure meet current building code requirements, can you check the Building Department; is a building permit required to implement this request. There were no further questions and Chairman Luzuriaga set this item to the consent calendar at the meeting on December 11, 2000, if all the information is provided to the Planning Department in time. This item concluded at 7:20 p.m. 3. 701 CALIFOR1vIA DRIVE - ZONED C-2 - CATION FOR SIGN EXCEPTION FOR THE NUMBER AI�D AREA OF SIGNS (P R GLTMINA, ,FRAME-O-RAMA, Q��ICANT; 701 CP Monro resented the staff report ommission asked: what is the amoun signage on the adjacent properties, could ff prepare a comparativ ble; would like this signage progra o come closer to code requireme ts 105 SF equested where 43 S lowed seems a big difference; is s' C needed; would like applic o submit a ealistic representation the sign color proposed, could not MS colors cited; would applic provide rational for the exceptiona ardship on this property to justify t' signage program; site already h a parking variance to also ask for so uch signage is a lot, need a valid re on for exceeding the code. The ere no further questions. Chairman uzuriaga set this item for the actio alendar at the December 11, 20 , meeting if all the information has bee submitted to staff in time. This i concluded at 7:25 p.m. FLOOR AREA RATIO ORDINANCE -;�iANGE TO THE l.��,. CP Monroe reviewed proposed code changes to impl ent extending FAR to b ent azeas in single family houses. The chang o the proposed ordinance were gested by the Planning 'ssion at a previous meeting. Commissioners ggested that existing 10' x 10' b ement utility areas be ex pted from FAR calculation e �if they extend ore than 2 feet out of the ground A Ariderson noted that e problem is how to define -existing, better to xempt 100 SF no matter how f ut of the ground. Wou ike to add a maximum s' for bathrooms in b ment area, consensus was that 25 F would be a good max' um size and too small to ow a shower to be installed later, there was agreement at for noticing this hearin staff should take out a 1 er ad in the San Mateo County Times and Independent ell as notifying those w have written or signed itions regarding basements in FAR calculations. Staffw directed to bring this ite ack to the Commission r action in 7anuary. This ' m concluded at 7.40 p.m. � 5. SECOND LLING LJNIT PROG FOR EXISTING . ISSUES REGA��DI#G AMNESTY � R-1 Z01�1E �DIItECT STAFF PROGR.AM - RE� Y LNING LINITS This item v6as moved to the end of th�genda under Planners without delaying the action items. so that the commission could discuss it -2- . /'� (`��.e (�t#g u� ��xr.Cin��t� CITY HALL - 50i PRIMROSE ROAD r[�: (415) 696-7250 PIANNING DEPARTMENT . BURLINGAME. CALIFORNIA 94010-3997 i�x� (415) 342-B3g6 April 19, 1994 Allen and Ann Menicucci 1529 Albemarle Way Burlingame, CA 94010 Dear Mr. and Mrs. Menicucci: Since there was no appeal to or suspension by the City Council, the April 11, 1994 Planning Commission approval of your two special permits and lot coverage variance application became effective April 18, 1994. This application was to allow you to retain existing accessory structure uses at 1529 Albemarle Way, zoned R-1. The April 11, 1994 minutes of the Planning Commission state your application was approved with the following conditions: 1. that the structure size and floor plan shall continue to be consistent with the plans submitted to the Planning Department date stamped March 2, 1994 and April 27, 1989; � 2. that the accessory structure shall be used as an exercise/therapy room only and shall never be used for living purposes; 3. that this use in this structure shall cease and the bathroom portion shall be completely removed in five years (April 1999) or a new application shall be made before this permit expires to retain this use; and 4. that the project shall meet all Uniform Building and Uniform Fire Code requirements as amended by the City. � . . . . _ - -•-- ---- . . ;��- `ss� :A� ,� F � � April 19, 1994 1529.Albemarle Way page -2- Al,l�site improvements and construction work will require separate application to the Building Department. This approval is valid for one year during which time a building permit must be issued. One extension of up to one year may be considered by the� Planning Commission if application is made before the end of the first year. Sincerely yours, �'�'+�i�'� l�n c�� Margaret Monroe City Planner MM:smg cc: City Attorney Chief Building Inspector Chief Deputy Valuation, Assessor's Office � (Lot li, Block 2, Subd.Name Ray Park; APN 025-228-350) 0 CITY OF BURLINGAME PLANNING COMMISSION April 11, 1994 CALL TO ORDER. A regular meeting of the Planning Commission, City of urlingame was called to order by Chairman Deal on Monday, April 11, 199 at 7:30 P.M. ROLL CALL Present:, Commissioners Deal, Ellis,� alligan (7:32 P.M.), Jacobs, .Kelly and Mink / Absent: Commissioner Graham Staff Present: Margaret Monroe, ty Planner; Jerry Coleman, City Attorney; Frank Erbacher, ity Engineer; Keith Marshall, Fire Marshal MINUTES - The minutes f the March 28, 1994 meeting were unanimously approved. AGENDA - The FROM THE FLOOR There were no p 1 STUDY ITEMS There wer ( of the agenda was approved. c comments. study items. Galligan arrived at this time.) . TWO SPECIAL PERMITS AND LOT COVERAGE VARIANCE TO RETAIN EXISTING ACCESSORY STRUCTURE USES AT 1529 ALBEMARLE WAY, ZONED R-1 (ALLEN AND . ANN MENICUCCI PROPERTY OWNERS AND ALLEN MENICUCCI APPLICANT . Reference staff report, 4/11/94, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Four conditions were suggested for consideration. Chm. Deal opened the public hearing. Mr. Menicucci was present to answer any questions and asked�that there be no time limitation on this request. There were no other comments and the public hearing�was closed. C. Kelly noted that for the reasons cited in the previous review these special permits and variance will not have an impact on the area, he.then moved to approve the application, by resolution, with the following rs.� �� r,rr �;::. _: j' � =:;� � Bur��ingame Planning Commission Minutes April li, 1994 conditions; 1) that the structure size and floor plan shall continue to be consistent with the plans submitted to the Planning Department date stamped March 2, 1994 and April 27, 1989; 2) that the accessory structure shall be used as an exercise/therapy room only and shall never be used for living purposes; . 3). that this use in this structure shall cease and the bathroom portion shall be completely removed in five years (April 1999).or a new application shall be made before this permit expires to retain this use; and 4) that the project shall meet all Uniform Building and Uniform Fire Code requirements as amended by the City. Motion was seconded by C. Galligan approved on a 6-0-1 (C. Graham absent) voice vote. Appeal procedures were advised. 2. SPECI�PERMIT FOR ACCESSORY STRUCTURE SIZE AT 816 PA�MA AVENUE, ZONED_ R (ROBF.RT T�nT.A vun��mv �r.,,..r,., „,,,. �....._ _ Reference staff eport, 4/11/94, with attachments. request, reviewe criteria, Planning Department cob questions. There s clarification of the actual c the "basement" so d ignated in the old assessor' first floor, slab on rade and the room over i conditions were suggest for consideration. T e� commission about the'exi ing 792 square foot on the two cars stored in the riveway are not erab the garage. sis n eyesore . There were other closed. Chm. Deal opened the public hear'n for an explanation about the met commented that his neighbors f improvement to the original build: Andrew Gettus, 820 Paloma Avenue the certainty that the use is c n clear that this renovation is n i a CP Mo oe discussed the ment , and study meeting �n guration noting that - records was in fact a a second story. Four e was discussion by the conforming area. Also, .e and inhibit access to oJ�ert Isola, 816 Paloma Avenue asked �d to compute the lot coverage. He the adjustments are certainly an Frank Hegeny, 814 Paloma Avenue�and spoke in favor of the project and with past practice. It was made �e nt and the original building was �mme ts and the public hearing was There was discussion a ut the sewer lateral test. The City Engineer stated that two thing happen with the sale of house, one is a passing test, the other is a otal replacement. 2n eithe event the Public Works ; Department only ins ects the exterior, make no det ination and keep no ; record of when th 1•ine was placed on private proper . ' The City Attor ey raised an evidentiar y question as is item.was not advertised as sleeping quarter use and a bathroom was n t shown It was ' noted that ese items were part of the non conforming u and .as such ; could conti ue if not e}cpanded or replaced. There was a sho discussion of the dr ft housing element now under.consideration and the oint that -2- . .�� a�r�u1VGAME . � � I /� /� A / / � 1 �-'(1 � � � �''� l/ ' �• _ . . V V / � + ,• � �� - . . �RAT[O JNN[�• . . C�.�.e C�� .a.� ��.�.��ar� � � � �SAN MATEO COUNTY � - -- May 16 � 1989 - C�n HALL-501 PRIMROSE ROAO ' BURL�NGAME� CALIFORNIA 94010 PLANNING DEPARTMENi ' , . (415) 342-8625 Mr. Allen Menicucci. 1529 Albemarle Way � � Burlingame, CA 94010 � Dear Mr. Menicucci: Since there was no appeal to or suspension�by the City Council, the May 8, 1989 Planning Commission approval of your application:for a variance and two special� permits became effective May 16, 1989. This application was to allow a variance to lot coverage and special permits in order to use an existing accesso.ry structure as a recreation room and to add an 80 SF bathroom.to it. The May 8, 1989 minutes of the Planning Commission state your application was approved with the following conditions: . 1. that the project as built shall be corisistent with the plans submitted to the Planning Department and date stamped March 23, 1989 and April 27, 1989; 2• that retroactive building permits shall be obtained for all . work already completed and all appropriate penalty fees paid; 3• � that the conditions of March 31, 1989 designed to meet all of the Chief Building Inspector�s memo shall be .met and the pro.ject shall be Fire and Building Code requirements;� 4• that, this structure shall be useii as a family recreation room only and shall.never be used for living purposes,- and- 5• that.the existing 110 SF accessory.structure as.well as the 80 SF bathroom addition shall be removed in five years�(May, 1994) or a new application shall be submitted to allow the structure to remain for a longer period of time. � All site improvements and construction work•will require separate application to the Building Department. This approval is valid for one year during which time a building permit must be issued.. One extension of up to one year may be considered by the Planning Commis.sion if application is made.before the end of the first year. Sincerely yours, � (v'�--_ Margaret Monroe City Planner , � MM/s Att. cc: Chief Bldg._Inspector (w/att.) Assessor�s Office, Redwood City (Lot �11, Block 2, Ray Park; APN 025-228-350) . ' � �-. Burlingame Planning Commission Minutes Page 5 May 8, 1989 many hom�s. �in-Burlingame and San Mateo County where em�bedrooms are used in�i' 'dually as bedrooms; applica uld get a drive- through to the rea out tearing d art of the house. Motion was approved on a- roll c�'3'�te, Cers Giomi, Jacobs and H.Graham voting no peal procedures were �' d. The ir recognized ex-Commissioner Chuck Mink and Mrs. i,�k in t audience. �_ 6. VARIANCE FOR LOT COVERAGE AND_TWO SPECIAL PERMITS TO USE AN EXISTING ACCESSORY STRUCTURE AS A RECREATION ROOM AND TO ADD AN 80 SF BATHROOM TO IT, AT 1529 ALBEMARLE WAY, ZONED R-1 Reference staff report, 5/8/89, with attachments. CP Monroe reviewed details of the request, staff review, Planning staff comment, applicant�s letters, neighbors� signatures submitted, study meeting questions. Five conditions were suggested for consideration at the public hearing. Chm. H.Graham opened the public hearing. Allen Menicucci, applicant, was present. Discussion: applicant stated they do not need two metal storage sheds which are on the property, one would be sufficient, the accessory structure is more important to them now; house is approximately 1,700 SF; there are two bedrooms, 1-1/2 baths and a family room in the existing house, the bathroom is located the farthest point from the spa, it is a one story home. There were no audience comments and the public hearing was closed. Commission discussion/comment: accessory structure is too bulky for the rear yard, it takes up too much space and reduces whatever usable space a subsequent owner might want to use, this structure could easily be turned.into a second living unit, have no problem with the exercise room but cannot approve .the addition of a bathroom; do have a concern with the potential for a second uriit but not so concerned about taking up the backyard, that is the applicant�s choice rather than lawn, suggested condition #5 regarding removal of the accessory structure in five years would alleviate concern about potential use of the structure; share concern about use of the structure as an illegal unit but think staff has addressed this adequately in condition #5, action will be by resolution and permit will be granted to a date certain, since it does not infringe on any of the neighbors applicant has the option to use his property as he sees fit; tend to agree with the previous statements, condition #5 will make it possible to remove the accessory structure in five years if the property is sold. C. Harrison found there were exceptional circumstances mentioned in the.staff report, applicants� letters and Commission discussion, ', � Burlingame Planning Commission Minutes Page 6 � May 8, 1989 use of this particular structure as it is now with the addition will be the best use of this property, it is necessary for applicants'. enjoyment of their property rights, �t will not be detrimental to other properties in the vicinity and will be compatible with the aesthetics, mass, bulk and character of the general area. C. Harrison moved for approval of the variance and two special permits and for adoption of Commission Resolution Approving Variance and Special Permits with the following conditions: (1) that the project as built shall be consistent with the plans submitted to the Planning� Department and date stamped March 23, 1989 and April 27, 1989; (2) that retroactive building permits shall be obtained for all work already completed and all appropriate penalty fees paid; (3) that the conditions of the Chief Building Inspector's memo of March 31, 1989 shall be met.and the project shall be designed to meet all Fire and Buil�ing Code requirements; (4) that this structure shall be used as a family recreation room only and shall never be used for living purposes; and (5) that the existing 110 SF accessory structure as welT as the 80 SF bathroom addition shall be removed in five years (May, 1994) or a new application shall be submitted to allow the structure to remain for a longer period of time. Motion was secorided by C. Giomi. Comment on the motiona can respect applicants� need but from a site inspection found it is difficult to navigate between this structure and. the house, there is no open space, how would a fireman get around the lot, could reduce the size and keep lot coverage within code, existing building could still be used in that capacity, think this could be worked out without a variance to lot coverage; agree,. cannot find exceptional circumstances for the variance to lot coverage, the way.in which they use this structure cannot be considered .exceptional since this finding must apply to the property itself; will support the motion, perhaps the laundry facility could be in the garage and shower�in the laundry room area of the house but have no problem with the motion. Motion was approved on a 5-2 roll call vote, Cers S.Graham and Jacobs dissenting. Appeal procedures were advised. 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'•� '� ' ` G F��IVED ; . ; ��. , ; � ��.K,c �� . : -; . ��r� ,�� , ��,,,� � . ► � �� .�� MAR 3 0 2D06 . . ` . gl . �� ' �� . . - CITY OF BURLINGAME a j-�(_',n � - �-�•-- •- -- ---•-�--....._�--_.. ____.___-�.,_.... : � � _ PLANNfNG DEPT. � ..._.,�..�... , r - �1► � 6�� _ ..._` _ . ` . ;: _ . . _ _.,:` ..� � 4 _� . � , fi . __. _ � . . ,.. .�-. _�__.._ � z� . _..._.:z,..,�:�..� w_._.,..,.; � � . �jL t � � • � `�', �o j� �� . ' . 'dJ , � r! �'1 "1 �I ---�' l.Jlti� ; . .- � x�o . - � �_ � b :'�:;5`; �-' ` � � . � , f _ . � � : - . RECE11/ED' :. : :. . . ; - � . . , �i4R - 2 .1994 � . � -j . , �-� '�—�-- • . i -�r , _ . : . . S C � t'''? `�� -- �"" � ; �) r- � CITY OF BURU[�IQAME �'� � ` �= � �- Y �-� �r � �--�` �� PiA1�JNIN� DEPT. � . . . ^" .... � r. �. _ - � 0 RESOLUTION APPROVING CATEGORICAL EXEMPTION, LOT COVERAGE VARIANCE AND CONDITIONAL USE PERMITS RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for lot covera�e variance_and conditional use permits for use of an existin� accessory structure as a theranv room/sleepinQ room and to allow a bathroom with shower sink and toilet at 1529 Albemarle Wav, zoned R-1, Allen Menicucci,property owner APN: 025-228-350; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on June 12, 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: 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 Article 19, Section 15303, Class 3— New Construction or Conversion of Small Structures, 3(e), accessory (appurtenant). structures including garages, carports, patios, swimming pools and fences, is hereby approved. 2. Said parking variance and conditional use permits are approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such parking variance and conditional use permits 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 12th day of June, 2006 by the following vote: Secretary EXHIBIT "A" Conditions of approval for categorical exemption, lot coverage variance and conditional use permits. 1529 Albemarle Way Effective June 22, 2006 1. that the project shall continue to be consistent with the plans submitted to the Planning Department and date stamped March 30, 2005, Site Plan, Floor Plan and Elevations; 2. that the accessory structure use shall be limited to a therapy room and sleeping quarters for family guests or a caretaker to stay as needed; 3. that if there is a building permit for an addition to the main structure or for any construction valued at $100,000 or more on this property, the accessory structure shall be demolished; 4. that the accessory structure shall never be used as a second dwelling unit, shall never include a kitchen or cooking element, and shall not include additional or upgraded utility services without an amendment to this conditional use permit; that the lot coverage variance being granted is based on the existing conditions on the property which were approved by previous permits; the lot coverage variance is applicable only to the existing accessory structure, cannot be transferred to any other portion of the property and will cease when any portion of the existing structure or the accessory structure is removed; 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- , �� cirr o� C�Ty �F BURUNGAME - PLANNING DEPARTMENT . � BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 �� ^,- � • TEL: (650) 558-7250 • FAX: (650) 696-3790 .. t� ' y•�r: 016N16544325 'b+•.m.,,,K•'�� www.buriingame.org �o•'� ' � � Qa24o � � �� • :� ' _ • 4;` hfacletl From y4viu Site: 1529 ALBEMARLE WAY � a� � US POSTl��E The City of Burlingame Planning Commission announces the PUBLIC HEARING following public hearing on Monday, June 12, 2006 at 7:00 P.M. in the City Hall Council Cham6ers, S01 Primrose Raad, NOTICE Burlingame, CA: , - -- Application for conditional use permits for an accessory �. � structure to be used for recreafion purposes/s leeping quarfers ' with a full bafhroom at 1529 A16EMARLE WAY zoned R-L (APN � 025-228-350) ; :� i _ _ , i �.�.. Mailed: June 2, 2006 ,- :, � . _ - -- - — --- : : i' (Please refer to other side) , - >... _ . A copy of the a� to the meeting Burlingame, Cai : ir�p If you challen�e raising only thos described in th�� at or prior to �the X, }c� „C:� Property owriers their tenants �'abc (650) 558-72�0 CITY OF B URLINGAME �..� � ,_� .,.�rk, � .: .�. -� � h , g .-+.... �lic�tion and plaris fqr ttiisjproject iitay be reviewed prior ��t,�the �'lan��ng pepartment at 50��1 Primrose Road, ornia ' � `�� ,,� ,� . , _ ,. .. _ . , _'`• '�� :�. be limited to blic hearing, :d to the city �- <a� a.. �� ._ �-� . ��s $ ��' �� a .g � r��fi �;;� < Margaret Monriie �'� y� °'��; City Planner �°�.� �y��. ` ��-•� a:a� PUBL1.( ��;y� (Please refer to other side) i u:<:, + �t`� `:� ,..=�` ble �for informing iatiqn, please call � , 3,r�' � _� �. � �� . �- ,� . �� : • �,� t.�.�' , '''`�" a u� �� O,TICE : � � - - � � . . �