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HomeMy WebLinkAbout1521 Cabrillo Avenue - Staff Report�, C I Y �r : � � , .,%'�_, CITY OF BURLINGAME Community Development Department MEMORANDUM DATE: May 21, 2014 TO FROM Planning Commission Erica Strohmeier, Associate Planner Director's Report Meeting Date: May 27, 2014 SUBJECT: FYI — REQUESTED CHANGES TO A PREVIOUSLY APPROVED DESIGN REVIEW PROJECT AT 1521 CABRILLO AVENUE, ZONED R-1. Summary: An application for Design Review, Special Permit for an attached garage and Parking Variance for construction of a new, two-story single family dwelling at 1521 Cabrillo Avenue was approved by the Planning Commission on August 26, 2013 (August 26, 2013 Planning Commission Meeting Minutes attached). A building permit was issued on January 7, 2014 and construction is currently underway. The property owner is proposing to reduce the size of the house at the back in order to save an existing protected size Oak tree in the rear yard. The revised project is 106.1 SF below the previously approved FAR (4,545 SF, 0.27 FAR, approved, where 4,438.9 SF, 0.26 FAR, is proposed). The proposed changes are not visible from the front building elevation. Please refer to the applicant's letter and revised plans date stamped May 19, 2014. The designer submitted a letter accompanied by originally approved and proposed plans, date stamped May 19, 2014, to explain the proposed changes to the previously approved Design Review project. Other than the proposed revisions listed above, there are no other changes proposed to the design of the house. Planning staff would note that because of the minor revision at the back of the house, it was determined that the project could be reviewed by the Commission as an FYI item. If the Commission feels there is a need for more study, this item may be placed on an action calendar for a second review and/or public hearing with direction to the applicant. Erica Strohmeier Associate Planner c. James Chu, designer Attachments: Explanation letter from applicant, date stamped May 19, 2014 August 26, 2013 Planning Commission Regular Action Minutes Originally approved and proposed plans, date stamped May 19, 2014 ♦ - �_; .1�f1�''�'�� �. � � I ;� ` �- � � . _ ' • Home Design & Engineering May 19, 2014 City of Burlingame Planning Commissioner �O1 Primrose Road Burlingame, CA 94010 Re: FYI of a new residence at 1 SZl Cabrilla Ave Burlingame, CA 94010 Dear Planning Commissioner: The proposed FYI is to reduce the rear of the house in order to save an existing oak tree, and it doesn't affect the overall design of the home. Sincerely, JI�hGl � Electronic Signature James Chu Chu Design CC: Eric Mainini, property owner �i���� ����� c���� � � �o�a -• -�;� � = ;�'� -;; !�•1Ca.'•4,1E �: : . . �. .., .-. ;'., ,: r': , . . 55 West 43rd Avenue San Mateo, CA 94403 Phone: (650)345-9286 Fax: (650)345-9287 RESOLUTION APPROVING CATEGORICAL EXEMPTION AND DESIGN REVIEW AMENDMENT RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for Design Review Amendment at 1521 Cabrillo Avenue, zoned R-1, Eric Mainini, 779 Morton St #D, San Francisco, CA, 94129, propertv owner APN: 025-224-150� WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on October 27, 2014, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that: 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 (a), which states that construction of a limited number of new, small facilities or structures including one single family residence or a second dwelling unit in a residential zone is exempt from environmental review. In urbanized areas, up to three single-family residences maybe constructed or converted under this exemption. 2. Said Design Review Amendment is approved Exhibit "A" attached hereto. Findings for such report, minutes, and recording of said meeting. subject to the conditions set forth in Design Review are set forth in the staff 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 27th dav of October, 2014 by the following vote: Secretary EXHIBIT "A" Conditions of approval for Categorical Exemption and Design Review Amendment 1521 Cabrillo Avenue Effective November 6, 2014 that the project shall be built as shown on the plans submitted to the Planning Division date stamped August 14, 2013 sheets A.1 through G.1, L1.0, L2.0 and Partial Topographic Map, with the clarification that the particular species planted along the fence line shall be the Prunus Caroliniana standard; and as modified on the plans submitted to the Planning Division date stamped May 19, 2014 sheets A.1 through A.7, and as modified on the plans submitted to the Planning Division date stamped October 15, 2014 sheets A.4, A.4a, A5.a and A.6; 2. that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staf�; 3. that any changes to the size or envelope of the basement, first or second floors, or garage, which would include adding or enlarging a dormer(s), shall require an amendment to this permit; 4. that the conditions of the City Engineer's April 1, 2013 memo, the Chief Building Official's March 7, 2013 memo, the Parks Supervisor's June 28, 2013 and March 12, 2013 memos, the Fire Marshal's July 1, 2013 and March 4, 2013 memos, and the Stormwater Coordinator's June 25, 2013 and March 5, 2013 memos shall be met; 5. that the property owner shall be responsible for implementing and maintaining all tree protection measures as defined in the arborist report prepared by Mayne Tree Expert Company, Inc., dated February 27, 2013; 6. that if the structure is demolished or the envelope changed at a later date the Parking Variance as well as any other exceptions to the code granted here will become void; 7. that any recycling containers, debris boxes or dumpsters for the construction project shall be placed upon the private property, if feasible, as determined by the Community Development Director; 8. that demolition for removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 9. that prior to issuance of a building permit for construction of the project, the project construction plans shall be modified to include a cover sheet listing all conditions of approval adopted by the Planning Commission, or City Council on appeal; which shall remain a part of all sets of approved plans throughout the construction process. Compliance with all conditions of approval is required; the conditions of approval shall not be modified or changed without the approval of the Planning Commission, or City Council on appeal; 10. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a EXHIBIT "A" Conditions of approval for Categorical Exemption and Design Review Amendment 1521 Cabrillo Avenue Effective November 6, 2014 single termination and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 11. 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; 12. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2010 Edition, as amended by the City of Burlingame; THE FOLLOWING CONDITIONS SHALL BE MET DURING THE BUILDING INSPECTION PROCESS PRIOR TO THE INSPECTIONS NOTED IN EACH CONDITION: 13. that prior to scheduling the foundation inspection, a licensed surveyor shall locate the property corners, set the building footprint and certify the first floor elevation of the new structure(s) based on the elevation at the top of the form boards per the approved plans; this survey shall be accepted by the City Engineer; 14. that prior to scheduling the framing inspection the project architect or residential designer, or another architect or residential design professional, shall provide an architectural certification that the architectural details shown in the approved design which should be evident at framing, such as window locations and bays, are built as shown on the approved plans; architectural certification documenting framing compliance with approved design shall be submitted to the Building Division before the final framing inspection shall be scheduled; 15. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Division; and 16. that prior to final inspection, Planning Division staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans. �� '�E:� CITY OF BURLINGAME � � COMMUNITY DEVELOPMENT DEPARTMENT BURLINGAME 501 PRIMROSE ROAD `_�� '' BURLINGAME, CA 94010 ou� � �'�� , �� -'_ . PH: (650) 558-7250 • FAX: (650) 696-3790 www.burlingame.org Site: 1521 CABRILLO AVENUE The City of Burlingame Planning (ommission announces the following pu6lic hearing on MONDAY, OCTOBER 27, 2014 at 7:00 P.M. in the City Hall Council Chambers, 501 Primrose Road, Burlingame, CA: Applicntion far Design Review Amendment for a new single family dwe�ling with an attached garage at 1521 CABRILLO AVENUE zoned R-l. APN 025-224-150 Mailed: October 17, 2014 (Please refer fo other side) PIJBLIC MEARING NOTICE Ci�v of Burlinaame A copy of the application and plans for this project may be reviewed prior to the meeting at the Community Development Department at 501 Primrose Road, Burlingame, California. If you challenge the subject application(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing, described in the notice or in written correspondence delivered to the city at or prior to the public hearing. Property owners who receive this notice are responsible for informing their tenants about this notice. For additional information, please call (650) 558-7250. Thank you. William Meeker Community Development Director PUBLIC FiEARING NOTICE (Please refer to other side) Manday Clrcta►ber 27,Zolt� Members o f Burlingame Pianning Commissian, Ule are unabie ta attend tanight's fuii review o f the pian far �ric Mainini's speculative build backing up to Drake Avenue. c�rur understanding is that there was aiready a f ully reviewed and appraved plan in place. Apparentiy, windo�,vs that had been in the originai appraved plan were arbitrurily changed by the builder. This change d irectiy a f f ects the backyard privacy a f the Ryan har�e on Drake. l�le hope it can be made clear that i f yau would like ta speculate an reai estate in �uriingame, you wiil need ta adhere to set standards and practices apprc�►ved by the pianning department. Kind regards, Dan and �ani Clrchse S � � � � �:,c�-e.. , Dear Burlingame Planning Commissioners; October 27, 2014 We are writing to support our good friends and neighbors Linda and Frank Ryan in their endeavor to protect their rights as fellow homeowners. They have been extremely patient during the tedious process of having a very large spec home built on Cabrillo Avenue directly behind their home. However it is unacceptable that the builder, Eric Mainini, not honor the window modifications specified in the approved plan, thus infringing on the Ryan's privacy. The Ryans are treasured members of our tight-knit community and deserve the same respect and honestly that any homeowner would be entitled to. Therefore, thank you for upholding the specifications of the approved building contract for the house on Cabrillo Avenue. Sincerely, _, . � � �y ,��� � ��t�Lt 1 - _ ---------- -_ I % Mary Lyon nd eter Cimmet 1547 Drake Avenue Laura K. Westley and Craig S. Tyle 1521 Drake Avenue Burlingame, CA 94010 October 26, 2014 Burlingame Planning Commission Burlingame City Hall Burlingame, CA 94010 Dear Members of the Planning Commission: We are writing to express our dismay that builders in our community seem to feel that they are free to disregard plans that they have agreed to in word and in writing. Specifically, I refer to the Cabrillo Ave. property abutting Frank and Linda Ryan's Drake Ave. home. The builder, Eric Mainini, agreed to a plan and then disregarded it by installing improper windows. Now, he'd like you to treat this as a fait accompli and look the other way. We, the residents of Burlingame, rely upon you, the member of the Planning Commission, to uphold the agreements that builders enter into with our community. We urge you to do so in this, and all, cases. The Ryans are entitled to their privacy and their peace of mind. A builder who blatantly disregards the terms of his contract should be required to go back and retrofit his plan. Sincerely, Laura K. Westley Craig S. Tyle • � �' „ �I —1521 Cabrillo �ob Bear <bobbear9@hotmail.com> To: Linda Ryan <linda.r.ryan@gmail.com> To: The Burlingame Planning Commission and City Council. � Mon, Oct 27, 2014 at 6:20 PM Reference: 1521 Cabrillo, new construction, developer wanting a FYI variance. I am a 17 year resident of Burlingame, my family and I have lived at 1510 Drake Ave the whole time. We have seen many new house constructions and property upgrades, just to our block alone. Most of these have followed the rules, but we have also seen a number of projects, where the contractors tried to "go around" or "just plain disregard" the Planning commission's approved plans and designs. Having gone through the construction process myself, when we did a complete upgrade to our house on Drake, I understand what it takes to get a project through approval and build. In fact, our project was sent back from initial design review, and we were required to make changes that were purely aesthetics, with a cost of over $20K We are seeing more and more projects coming to Burlingame, that take advantage of the community by violating Planning Commission rules and then asking for an "FYI change approval" after the fact. . This has to stop. It is not a coincidence that the contractor for 1521 Cabrillo "forgot to order the correct windows in both size and finnish". These plans were approved to specifically mitigate the Ryan's concerns and the contractor ignored them. Please do not let this contractor get away with this. Make the contractor do what the approved plans specify and he and the Planning Commission signed off on. Thank you, ...Bob Bear 1510 Drake Ave, Burlingame, CA 650.218.5998 (cell) Jerry and Terry Yee 1553 Drake Ave. Burlingame, CA 94010 October 27, 2014 City of Burlingame Planning Commission 501 Primrose Road Burlingame, CA 94010 Dear Planning Commission members: As residents of Drake Ave. for over 8 years and having experienced numerous construction projects in the neighborhood, a majority of the builders have been very cooperative and respectful of the neighbors and the community that we live in. With the increased popularity of living in Burlingame it has become a place where builders are looking for opportunities to buy and flip homes. That is a reality that we live with and we feel that builders that come in must abide by the rules and conduct themselves with honesty and integrity with regards to all phases of a particular project. It appears that Mr. Mainini has strayed off the path of cooperating with the city and neighbors in the area and we fully support any actions that may set him back on track. Thank you for your understanding and support. Sincerely, � !�� � �� y� Je and Te Yee �� �'Y �"Y