HomeMy WebLinkAbout535 Almer Road - Staff Report (2)City of Burlingame
Condominium Permit, Side Setback and Parking Variances
Item # 6a
Action Item
Address: 535 Almer Road Meeting Date: 11/12/02
Request: Application for condominium permit, side setback and parking variances for a new three (3) story,
four (4) unit residential condominium project.
Applicant and Property Owner: Manoochehr Javaherian
Designer: Glush Design Associates
Lot Area: 9,140 SF
General Plan: High Density, Multi -family Residential
Adjacent Development: Multi -family Residential
Section: 15303 - New Construction or conversion of small structures, Class 3(b), construction and location of
limited numbers of new, small facilities or structures including (b) a duplex or similar multi -family residential
structure totaling no more than four dwelling units. In urbanized areas, this exemption applies to apartment,
duplexes and similar structures designed for not more than six dwelling units.
Existing Use: Two-story single family dwelling.
Proposed Use: New 3-story, 4-unit residential condominium.
APN: 029-111-060
Zoning: R-3
History: On June 7, 1999, the City Council approved a mitigated negative declaration and condominium permit
for a four-story, 7-unit residential condominium project at this site (June 7, 1999 C.C. Minutes). On November
13, 2000, the Planning Commission approved an amendment to the approved mitigated negative declaration and
condominium permit which included a reduction in the number of residential units from 7 to 6, revisions to
balconies and to the size and placement of windows (November 13, 2000 P.C. Minutes).
The approved project was never built. The applicant notes in his letter, dated October 15, 2002, that there are
many unresolved issues with building a 6-unit building on this site. These issues include high construction costs
for the two -level subterranean parking facility and use of steel frames throughout most of the structure, possible
future problems associated with portions of the underground parking structure extending to the property line, and
less than desirable 8-foot ceiling height limitation necessary to maintain a 4-story layout at the front portion of
the building. To address these concerns, the applicant has developed a new project with fewer units. The
applicant is now submitting a new application for a proposed 3-story, 4-unit residential condominium.
Project Description: The applicant, Manoochehr Javaherian, is requesting a condominium permit, side setback
and parking variances for the construction of a new three (3) story, four (4) unit residential condominium. The
existing single family dwelling currently on the site will be demolished in order to build the proposed four -unit
condominium. Three, three -bedroom units and one, four -bedroom unit will be located on the first, second and
third floors over below -grade parking. The site will be excavated to accommodate the enclosed below -grade
parking garage. The first floor contains two, three -bedroom units (third bedroom for Unit 1 is located on the
second floor). The second and third floors each contain one unit which are larger in size. The building will have
stucco siding and a tile roof. Gas and electric meters will be located at the front left corner of the building. The
water meter (underground) and fire valve connection will be located towards the center of the lot in front of the
proposed building. Location of these utilities are shown on the site plan (sheet A2).
Condominium Permit, Side Setback and Parking Variances 535 Abner Road
The applicant is requesting the following applications:
• Condominium Permit for construction of a new 3-story, 4-unit residential condominium (CS 26.30.020);
• Side setback variance for a portion of the below -grade parking garage along the east side property line
(5'-0" where 7'-0" is the minimum required) (CS 25.32.090, 4 and 25.32.075, 3); and
• Parking variance for 18% driveway slope (15% maximum driveway slope allowed by Public Works).
The proposed project complies with all setback requirements with the exception of a portion of the below -grade
parking garage along the east side property line. The R-3 District Regulations allow below -grade garages to
extend into the required setback only if the uppermost portion of the garage does not extend above natural grade.
The existing grade along the east side property line slopes down approximately 2'-5" from the rear to the front
corner of the lot. At the rear of the building, the garage is totally below grade. As the grade gradually begins to
slope down towards the front of the lot, a portion of the below -grade garage is exposed. The east wall of the
garage will remain below grade. However, the three columns abutting the east wall of the garage (shown on
sheet A.3) will encroach into the side setback. A side setback variance is required for the columns encroaching
into the left side setback (5'-0" setback proposed where 7'-0" is the minimum required). The applicant is
proposing to install a wrought iron grill over the opening between the garage wall and the first floor wall (shown
on Site Plan, Cross Section B-B and Building Elevations). The left side elevation indicates that the iron grill will
extend 4 inches above grade at its lowest point and 30 inches at its highest point.
Planning staff would note that the proposed condominium complies with the 35' building height review line. The
rotunda at the front right corner of the building encloses a stairway which provides access to each floor. Because
the rotunda also provides access to the roof, it is considered rooftop equipment. The zoning code allows an
exception for rooftop equipment which exceeds the 35' height limit as long as the area does not exceed 5% of the
roof area and is not more than 10' above top of parapet. The rotunda falls within this exception (4% roof area, 2'-
9" above top of parapet proposed).
Based on the number of bedrooms per unit, a total of 10 on -site parking spaces must be provided. One guest
parking stall must also be provided. The guest space can be part of the required spaces or provided in addition to
the required spaces. Of the required parking spaces, 80% or 8 spaces must be covered. With this project, a total
of 12 parking spaces will be provided in the below -grade garage (10 standard, 1 guest space and 1 disabled
accessible space). A 24'-0" clear back-up aisle is provided for all parking spaces. A vehicle is capable of exiting
the site in three maneuvers or less from all designated parking spaces. A parking variance is required for the
proposed 18% driveway slope (15% maximum allowed by Public Works).
There is a total of 1,595 SF (399 SF/unit) of common open space proposed for the condominium project where
400 SF (100 SF/unit) is required. Of the required common open space, 100% is proposed to be landscaped.
There is 175-336 SF in private open space per unit (75 SF/unit is the minimum required) provided in balconies
and at -grade patios. The applicant is proposing 60% (713 SF) landscaping in the front yard where 60% is the
minimum required. The applicant provided a Landscape Plan (Sheet L-1) indicating proposed landscaping on
the site. Currently, there are three existing trees on the site: a 32-inch diameter black acacia and a 49-inch
diameter oak at the rear of the site and an 8-inch diameter tree towards the front of the site. The existing 32-inch
Acacia and 8-inch tree will be removed. In addition to existing tree to remain, the landscape plan indicates that
there will be nine new 24" box size trees provided on the site. A minimum of four landscape trees are required
by the Reforestation ordinance (one tree for every 2,000 SF of lot coverage). The City Arborist notes in his
October 2, 2002, memo that the arborist's report on the oak tree, dated February 26, 1999 (submitted for the
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Condominium Permit, Side Setback and Parking Variances
535 Almer Road
original project in 1999) appears to be accurate and that there will be no impact to the oak tree as long as the
guidelines are met. The City Arborist is requiring an additional arborist's report to address tree protection
guidelines such as providing construction fencing around the oak tree.
Since the project includes new construction of no more than four units, this project is categorically exempt from
the requirements of the California Environmental Quality Act.
Table 1 • 535 Almer Road Proiect Data
Current Application
4 Units
(11/12/02)
Previous Approval
7 Units
(11/13/00)
Allowed/Required
Front Setback: First:
16'-1"
16'-1"
16'-1"
Second:
16'-1"
16'-1"
(block average)
Third:
16'-1"
16'-1"
Side Setback (L): Garage:
5'-0"*
n/a
7'-0"
First:
7'-0"
8'-0"
7'-0"
Second:
9'-0"
9'-0"
8'-0"
Third:
9'-0"
10'-0"
9'-0"
10'-0" (4th floor)
Side Setback (R): First:
8'-0"
10'-2"
7'-0"
Second:
10'-0"
10'-2"
8'-0"
Third:
10'-0"
10'-2"
9'-0"
10'-2" (4th floor)
Rear Setback: First:
18'-10"
15'-0"
15'-0"
Second:
20'-4"
15'-0"
15'-0"
Third:
20'-4"
20'-0"
20'-0"
Lot Coverage:
49.9% (4,568 SF)
49.9% (4,569 SF)
50% (4,570 SF)
Height:
35'-0"
35'-0"
35'-0"
Parking:
12 spaces
18 + 2 tandem
10 spaces
100% covered
(14 required)
80% must be covered
100% covered
Guest Parking:
1 guest space
5 guest spaces
1 guest space
Total On -Site Parking:
12 spaces
20 (18 + 2 tandem)
10 spaces
Driveway Slope:
18%'
15%
15%
Front Setback Landscaping:
60% (713 SF)
64% (748 SF)
60% (713 SF)
Private Open Space:
175 — 336 SF
75 — 298 SF
75 SF
Common Open Space:
1,595 SF
1,110 SF
400 SF
* Side setback variance for a portion of the below -grade parking garage along the east side property line (5'-0"
where 7'-0" is the minimum required).
' Parking variance for 18% driveway slope (15% maximum driveway slope allowed by Public Works).
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Condominium Permit, Side Setback and Parking Variances 535 Abner Road
Staff Comments: See attached.
Study Meeting: At the Planning Commission study meeting on October 28, 2002, the Commission made
several requests for additional information and clarification (October 28, 2002, Planning Commission Minutes).
The applicant provided a letter and revised plans, date stamped November 1, 2002, in response to the
Commission's questions and concerns with the project.
1. Project includes two more parking spaces than the 10 required, since those do not need to comply with city
dimensions, can the columns be redesigned or shaped to eliminate the parking variance for the remaining 2
parking spaces.
• After consulting with a structural engineer, the applicant revised the columns adjacent to parking stalls 3,
4 and 10. The column width in these stalls was reduced so that no more than six inches will encroach
into the parking stall (revised plans date stamped November 1, 2002, sheet A.3). With the column width
reduced, parking stalls 3, 4 and 10 are now 10'-0" wide (10' width required for stalls adjacent to a wall),
and a parking variance for stall width is no longer required. There was no change to the wall/column
adjacent to parking stall #8 (guest space, 9' x 20'), but this is an extra parking space which does not have
to comply with code requirements.
2. There needs to be more detail on the elevation to explain the materials and detail on the building including
trim, windows, etc.
• The applicant provided a detail of the window and window trim (8'Y2"xl l" sheet included in the staff
report). The applicant also added additional notes on the front and rear building elevations (sheet A8,
date stamped November 1, 2002).
3. Plans show retention of both the Black Acacia and Oak, would prefer the Acacia be removed to improve the
environment for the Oak tree which should be retained, protected and maintained.
• The applicant agreed with the Planning Commission's suggestion to remove the existing Acacia tree at
the rear of the site. The Landscape Plan (sheet L-1) has been revised to show the Acacia to be removed.
The applicant will be required to apply and obtain a Tree Removal Permit from the City before removing
the existing 32-inch diameter black acacia tree.
4. Would like the shrubs on the left side changed to a species which will grow to a height of 15 feet to 20 feet, if
not taller.
• The applicant replaced the shrubs along the left side property line with 24, 5-gallon Pittosporum
Eugenioides. The Landscape Plan indicates that this species of Pittosporum is fast-growing with an
approximate growth height of 15' in five years under normal conditions.
5. Would like a front elevation which shows how the building will look when the landscaping is five years old.
• The applicant provided a color rendering, prepared by prepared by Ransohoff, Blanchfield, Jones, Inc., of
the front elevation to show the approximate size of the proposed landscaping after a five-year period
(8'Y2"x11" sheet included in the staff report).
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Condominium Permit, Side Setback and Parking Variances 535 Almer Road
6. The slope on the driveway should be made to conform to the 15% maximum allowed without review.
• The applicant notes that several alternatives were studied to provide a driveway which did not exceed
15%. However, these alternatives would eliminate several parking stalls. Please refer to the applicant's
variance findings for the substandard driveway slope found in your staff report. The applicant noted that
he would address this issue further at the public hearing.
7. Since height is an issue, would like to see reduced -sized plans for the previous application.
• The applicant provided reduced -sized plans of the previously approved 6-unit condominium project
approved on November 13, 2000.
8. Commission requested that the applicant consider adding public restroom facilities adjacent to the common
open space.
• In his written response, the applicant notes that the owners and guests will have easy and convenient
access to each of their units, and therefore restroom facilities near the common open space was not
incorporated into the design. In a conversation with staff, he pointed out that two of the four units have
ground -level patios with a sliding door. A stairway to all of the units is located adjacent to the common
open space.
Required Findings for Variance: In order to grant a side setback 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.
Criteria for Permitting a Residential Condominium: The criteria for permitting a residential condominium
are based on three City Council actions: P.C. Resolution 7-79 addressing open space requirements; P.C.
Resolution 5-80 with findings addressing development standards, and Ord. 1015 establishing condominium
subdivision regulations. The intent of these actions is outlined as follows:
a) a new condominium project shall conform to all applicable zoning regulations and General Plan;
b) review of a condominium project shall include its effect on sound community planning; the economic,
ecological, social and aesthetic qualities of the community, and public health, safety and welfare;
including but not limited to impact on schools, parks, public utilities, neighborhoods, streets, traffic,
parking, and other community facilities and resources; and
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Condominium Permit, Side Setback and Parking Variances 535 Almer Road
c) the condominium project shall have a legal Tentative Map filed with the City Engineer prior to approval.
Planning Commission Action: The Planning Commission should hold a public hearing. Affirmative action on
the condominium permit and variances should be taken by resolution and should include findings for the side
setback and parking variances. The reasons for any action should be clearly stated. A tentative condominium
map has also been submitted in order to create the parcel for the condominiums. The tentative and final parcel
map is being processed concurrently with the planning application. While the map should be included for
consideration in the public hearing, action on the map should be taken separately. 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 date stamped
October 15, 2002, sheets A.1, A2, A.4 through A.7 and C-1 (Boundary and Topographic Survey) and
date stamped November 1, 2002, sheets A2a, A.3, A8 and L-1; with 1,595 SF of common open space and
a 16'-1" front setback; and that the landscaping, including trees, shrubs, ground cover and vines shall be
planted as shown on the revised Landscape Plans (sheet L-1), date stamped November 1, 2002;
2. that any changes to the size or envelope of the building, which would include expanding the footprint or
floor area of the structure, replacing or relocating windows or changing the roof height or pitch, shall be
subject to Planning Commission review;
3. that the conditions of the City Engineer's November 6 and October 23, 2002 memos, the Chief Building
Official's September 9, 2002 memo, the Fire Marshal's September 9, 2002 memo, the City Arborist's
October 2, 2002 memo, and the Recycling Specialist's September 9, 2002 memo shall be met;
4. that the maximum elevation at the top of the roof ridge shall not exceed elevation 67.66' as measured
from the average elevation at the top of the curb along Almer Road (32.66') for a maximum height of 35'-
0", and that the rotunda at the front of the building which rooftop access shall have a maximum elevation
of 72.33', or 39'-8" from average top of curb, and that the rotunda shall not exceed 5% of the rooftop
area;
5. that the top of each floor and final roof ridge shall be surveyed and approved by the City Engineer as the
framing proceeds and prior to final framing and roofing inspections. The garage floor finished floor shall
be elevation 26.41'; first floor finished floor shall be elevation 35.24'; second floor finished floor shall be
elevation 45.24'; third floor finished floor shall be elevation 55.24; and the top of ridge elevation shall be
67.66'. Should any framing exceed the stated elevation at any point it shall be removed or adjusted so
that the final height of the structure with roof shall not exceed the maximum height shown on the
approved plans;
6. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners,
set the building envelope;
7. that prior to underfloor frame inspection the surveyor shall certify the first floor elevation of the new
structure(s) and the various surveys shall be accepted by the City Engineer;
8. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof
ridge and provide certification of that height;
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Condominium Permit, Side Setback and Parking Variances 535 Aker Road
9. that storage of construction materials and equipment on the street or in the public right-of-way shall be
prohibited;
10. that the applicant shall receive a Tree Removal Permit from the City before removing the existing 32-
inch diameter Black Acacia tree at the rear of the lot, and that a building permit shall not be issued before
such permits are issued;
11. that the amount of impervious surfaced area within the dripline of the existing oak tree in the adjacent
common and private open space shall be determined by an arborist's report and approved by the City's
Senior Landscape Inspector prior to issuance of a building permit and the root zone of the tree shall be
protected during construction based on an arborist's report as approved by the City's Senior Landscape
Inspector; and the paving of impervious surface in the rear common and adjacent private open space shall
be not expanded without an amendment to this condominium permit;
12. that this proposal shall comply with all the requirements of the Tree Protection and Reforestation
Ordinance adopted by the City of Burlingame in 1993 and enforced by the Parks Department; complete
landscape and irrigation plans shall be submitted at the time of building permit application and the street
trees will be protected during construction as required by the City Arborist;
13. that an irrigation plan consistent with the City's water conservation guidelines shall be submitted and
approved by the City prior to issuance of a building permit;
14. that the underground parking garage shall be designed to city standards and shall be managed and
maintained by the condominium association to provide parking at no additional fee, solely for the
condominium owners, and that no portion of any parking area and/or egress aisles shall be converted to
any other use or any support activity such as storage or utilities, there shall be no storage of automobiles,
boats or recreational vehicles within assigned or guest parking stalls; and that the none of the parking
spaces shall be rented, leased or sold;
15. that the guest parking shall not be assigned to any unit and shall be owned and maintained by the
homeowners association for the use of all visitors to the site; and that `guest parking stall' shall be
marked on the guest parking space and shall be located in a code compliant parking stall;
16. that parking assignments to each dwelling unit shall be left to the developer and tenant association;
17. that the Covenants Conditions and Restrictions (CC&Rs) for the condominium project shall require that
the guest parking stall shall be reserved for guests only and shall not be used by condominium residents;
18. that the final inspection shall be completed and a certificate of occupancy issued before the close of
escrow on the sale of each unit;
19. that the developer shall provide to the initial purchaser of each unit and to the board of directors of the
condominium association, an owner purchaser manual which shall contain the name and address of all
contractors who performed work on the project, copies of all warranties or guarantees of appliances and
fixtures and the estimated life expectancy of all depreciable component parts of the property, including
but not limited to the roof, painting, common area carpets, drapes and furniture;
Condominium Permit, Side Setback and Parking Variances 535 Almer Road
20. that the trash receptacles, furnaces, and water heaters shall be shown in a legal compartment outside the
required parking and landscaping and in conformance with zoning and California Building and Fire Code
requirements before a building permit is issued;
21. that the security gate system shall include an intercom system connected to each dwelling which allows
residents to communicate with guests and to provide guest access to the parking area by pushing a button
inside their units;
22. that the design of the new building shall incorporate the seismic standards of the California Building
Code, 1998 Edition;
23. that the project shall be required to comply with all the standards of the California Building and Fire
Codes, 1998 edition, as amended by the City of Burlingame for structural stability;
24. that all runoff created during construction and future discharge from the site shall be required to meet
National Pollution Discharge Elimination System (NPDES) standards;
25. that the applicant shall submit an erosion and sedimentation control plan describing BMPs (Best
Management Practices) to be used to prevent soil, dirt and debris from entering the storm drain system;
the plan shall include a site plan showing the property lines, existing and proposed topography and slope;
areas to be disturbed, locations of cut/fill and soil storage/disposal areas; areas with existing vegetation to
be protected; existing and proposed drainage patterns and structures; watercourse or sensitive areas on -
site or immediately downstream of a project; and designated construction access routes, staging areas and
washout areas;
26. that off -site runoff shall be diverted around the construction site and all on -site runoff shall be diverted
around exposed construction areas;
27. that methods and procedures such as sediment basins or traps, silt fences, straw bale dikes, storm drain
inlet protection such as soil blanket or mats, and covers for soil stock piles to stabilize denuded areas
shall be installed to maintain temporary erosion controls and sediment control continuously until
permanent erosion controls have been established;
28. that construction access routes shall be limited in order to prevent the tracking of dirt onto the public
right-of-way, clean off -site paved areas and sidewalks using dry sweeping methods;
29. that if construction is done during the wet season (October 15 through April 15), that prior to October 15
the developer shall implement a winterization program to minimize the potential for erosion and polluted
runoff by inspecting, maintaining and cleaning all soil erosion and sediment control prior to, during, and
immediately after each storm even; stabilizing disturbed soils throughout temporary or permanent
seeding, mulching matting, or tarping; rocking unpaved vehicle access to limit dispersion of mud onto
public right-of-way; covering/tarping stored construction materials, fuels and other chemicals;
30. that common landscape areas shall be designed to reduce excess irrigation run-off, promote surface
filtration and minimize the use of fertilizers, herbicides and pesticides;
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Condominium Permit, Side Setback and Parking Variances 535 Almer Road
31. that trash enclosures and dumpster areas shall be covered and protected from roof and surface drainage
and that if water cannot be diverted from these areas, a self-contained drainage system shall be provided
that discharges to an interceptor;
32. that drainage from paved surfaces, including parking lots, driveways and roofs, shall be routed through
buffer strips where possible and shall be filtered through fossil filters or other petroleum absorbent
system inserted into stormwater inlets prior to discharge into the storm drain system; the property owners
shall be responsible for inspecting and maintaining all filters on at least a biannual basis as well as
immediately prior to and once during the rainy season (October 15 — April 1) or as required by the City
upon inspection;
33. that all site catch basins and drainage inlets flowing to the bay shall be stenciled. All catch basins shall
be protected during construction to prevent debris from entering;
34. that demolition of the existing structures and any grading or earth moving on the site shall be required to
comply with all the regulations of the Bay Area Air Quality Management District;
35. that the applicant shall install fire sprinklers and a fire alarm system monitored by an approved central
station prior to the final inspection for building permit;
36. that all construction shall abide by the construction hours established in the Municipal Code;
37. that the method of construction and materials used in construction shall insure that the interior noise level
within the building and inside each unit does not exceed 45 dBA;
38. that all new utility connections to serve the site, and which are affected by the development, shall be
installed to meet current code standards and local capacities of the collection and distribution systems
shall be increased at the developer's expense if necessary;
39. that all utilities to this site shall be installed underground. Any transformers needed for this site shall be
installed underground or behind the front setback on this site;
40. that sewer laterals from the site to the public sewer main shall be checked and shall be replaced to city
standards as required by the development;
41. that abandoned utilities and hookups shall be removed;
42. that all drainage (including water from the below grade parking garage) on site shall be required to be
collected and pumped to Almer Road;
43. that project approvals shall be conditioned upon installation of an emergency generator to power the
sump pump system; and the sump pump shall be redundant in all mechanical and electrical aspects (i.e.,
dual pumps, controls, level sensors, etc.). Emergency generators shall be housed so that they meet the
City's noise requirement;
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Condominium Permit, Side Setback and Parking Variances 535 Abner Road
44. that the applicant shall comply with Ordinance 1645, the City of Burlingame Recycling and Waste
Reduction Ordinance, and shall submit a waste reduction plan and recycling deposit for demolition and
new construction, before receiving a demolition permit; and
45. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance.
Ruben Hurin
Planner
c: Manoochehr Javaherian, applicant
Glush Dada, Glush Design Associates, designer
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