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HomeMy WebLinkAbout2301 Easton Drive - Staff ReportCity of Burlingame Conditional Use Permit for an Accessory Structure Item No. Action Item Address: 2301 Easton Drive Meeting Date: 5/13/13 Request: Conditional Use Permit for a change in use for an existing, non-conforming, two-story accessory structure. Property Owner: Philomena Terry Applicant and Designer: Tim Raduenz General Plan: Low Density Residential APN: 027-154-070 Lot Area: 16,500 SF Zoning: R-1 Environmental Review Status: The project is Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per Section 1530'� (e), which states that construction or conversion of limited numbers of new, small facilities or structures including accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences is exempt from environmental review. Revised Plans: This project was brought before the Planning Commission for a conditional use permit for and accessory structure to change the use from storage to accessory living quarters and to recreation room and to add a full bathroom on December 10, 2012. At that hearing, the Planning Commission voted to deny the projectwithout prejudice (December 10, 2012, Planning Commission minutes). In response to the Commission's denial without prejudice, the applicant has submitted revised plans, date stamped March 15, 2013, and a letter from a Landscape Designer, dated March 12, 2013. The following changes have been made to the project (denied plans date stamped November 29, 2012): The gated entry at the left side of the accessory structure will be replaced with a new brick wall; access to the accessory structure will be through an existing gate that leads to the backyard, located along the driveway between the main house and the accessory structure. The previously proposed green screen has been eliminated from the left elevation; the applicant is proposing that three (3) trees be planted in the 5'-2" side yard befinreen the left side fence on the property line and the two-story wall of the accessory structure. Project Description: The existing property has a single family dwelling with a detached, two- story accessory structure. The accessory structure is located along the left side of the property and is forward of the rear 30% of the lot; it is separated from the house by 25 feet and set back from the rear property line by approximately 38 feet. Plans approved in 1975 permitted a 1,232 SF finro-story detached accessory structure in this current location, with parking, a bathroom, a storage closet, and pool equipment on the first floor, and 643 SF of storage on the second floor, with no fixed stairs leading from the first floor to the storage area. The plans submitted with the current application show that work was done without a conditional use or building permits after 1975 to add fixed stairs behind the first floor bathroom and to convert the second floor to a recreation room. The current application is the result of a code enforcement complaint in 2012 that work was being done to the accessory structure without the benefit of permits. The existing accessory structure is non-conforming with current code standards because of its size, side setback, height, window placement, and bathroom (see chart page 3). Municipal Code Section 25.70.070 states that alterations and repairs that do not extend the area of non-conformity can be made to a non-conforming structure. The applicant is seeking a CUP to add a new bathroom on the second floor and to convert the existing area over the detached garage from storage to accessory living quarters and to be used for recreation purposes. The accessory living quarters will have two bedrooms and a bathroom, and the recreation purposes include a recreation room and a hobby room. Interior stairs from the first floor to the second floor are proposed at the rear of the two covered first-floor parking spaces. Conditional Use Permits for change in use for existing, non-conforming Accessory Sfructure 2301 Easton Drive In addition to the new bathroom and to the proposed changes in use to the accessory structure, the applicant is proposing to remodel the existing first-floor full bathroom and to replace the existing first and second floor windows. The applicant will also be removing finro second- floor windows that face the neighboring property to the left of the accessory structure. The applicant is proposing to plant three (3) trees in the 5'-2" setback between the left side finro-story wall of the accessory structure and the fence on the property line. The applicant is proposing to replace the gated entry at the left side of the accessory structure with a brick wall. Access to the accessory structure will be gained through an existing gate that leads into the backyard and is located along the driveway befinreen the main house and the accessory structure. Planning would note that if this structure were built today, it would require a CUP for the size, window placement, height, and bathroom, and design review and declining height envelope reviewforthe second story, and a variance for the first floor side setback; however these applications are not required because the structure is existing and the work being done is not expanding those existing non-conformities. Planning would also note that there are differences between the definitions of a living unit in the Burlingame Municipal Code (BMC) and the Uniform Building Code (UBC). While the BMC allows accessory structures to be used for accessory living quarters (for sleeping purposes, with no kitchen and not to be rented out), the UBC defines living quarters as any place where people can independently live, sleep, and be rented out whether or not a cooking unit is present. In addition, the BMC prohibits secondary dwelling units on the second floor of accessory structures and therefore, this second-floor space cannot contain a kitchen under the current BMC regulations. There is a second accessory structure existing on the property for which there are no permits on record. This structure is located in the rear 30% of the property, is two-stories, approximately 20 feet in height, approximately 220 SF (100 SF on the second floor, 120 SF covered first floor deck), has permanent windows and skylights, and has electrical connections (see attached photos from November 2012). The applicant is proposing to remove this structure. The applicant is requesting the following applications: ■ Conditional Use Permit for a change in use from storage to accessory living quarters (two bedrooms) and to recreational use (recreation room and hobby room) on the second floor of an existing, non-conforming two- story accessory structure (CS 25.60.010, m); and ■ Conditional Use Permit for a bathroom in an accessory structure (CS 25.60.010, I). This space intentionally left blank. -2- Conditional Use Permits for change in use for existing, non-conforming Accessory Structure 2301 Easton Drive 2301 Easton Drive Plans date stam ed: March 15, 2013 EXISTING, � PROPOSED CHANGES EXISTING, NON-CONFORMING APPROVED 1975 ' PROPERTIES FOR STRUCTURE Use in Parking, storage, ; Second floor converted from accessory structure with storage Accessory bathroom (1St ; storage, no fixed stairs access to which exceeds 10% of area of Structure: floor) accessory living quarters (finro main dwelling (in new structure bedrooms) and recreatios� requires CUP)' Storage (2"d floor) ; purposes (recreation and hobby rooms), with fixed stairs (change in use requires CUP) 8 Windows in 13 windows, 7 New windows in same location, 3 windows located within 10' of left Accessory located on 2"d except two windows on the 2"d floor side property line and 6 windows Structure: floor and 6 located ; of the left elevation will be removed iocated higher than 10' above on 1 St floor ' grade (in new structure requires CUP) 2 Bathroom in full bathroom on ; New full bathroom on second floor Shower or toilet (in new structure Accessory 1 St floor requires a CUP 3 requires CUP) 3 Structure: � Existing full bathroom on first floor to be remodeled . ___......._.__...__._......------...--- ; Parking: 2 covered spaces : no change none (20' x 20') ; � Setback of 5'-2" inches to 15t � no change 7'-0" side setback required to first Accessory floor floor- (a new structure requires Strucfure: variance) 4 5"-2" inches to 2"d � Second story subject to declining floor height envelope (if it cannot meet i � requires special permit) 5 ------.._._..__ _----- --- ---....-------- --_----- ----..__...__.....------ ------- . _._._. _._.__. _.. ----- ------- -- Height of 21'-2" ; no change Accessory structure over 15'-0" (a Accessory new structure requires CUP and Structure: � desi n review for second sto 6 __......_........------- ---._..._._..__..........—_..........—_._....---..__t..__.._......._.._ ......................................_..........................._. 9 rY) i Structure 1232 SF structure ' no change Structures over 600 SF (a new Size: i structure requires CUP)' i ' Conditional Use Permit for storage in the accessory structure that will exceed ten percent of the gross floor area of the main dwelling structure (CS 25.60.010, I). 2 Conditional Use Permit for windows located within 10'-0" of side property line or more than 10'-0" above grade (CS 25.60.010, i). 3 Conditional Use Permit for shower, bath or or toilet (CS 25.60.010 ,j). 4 Variance for not meeting the minimum side setback (CS 25.26.010, c, 1). 5 Special permit for declining height envelope for height (CS 25.26.075). 6 Conditional Use permit for height (CS 25.60.010, h, 3) and design review for second story (CS. 25.57.010). ' Conditional Use Permit for accessory structure size (CS 25.60.010, b). 8 Conditional Use Permit for accessory structure to be used as accessory living quarters and for recreation purposes (CS 25.60.010, m). -3- Conditional Use Permits for change in use for existing, non-conforming Accessory Structure 2301 Easton Drive Staff Comments: See attached memos from the Chief Building Official, Fire Marshal, City Engineer and NPDES Coordinator. � Planning staff would note that in the event that the Commission denies the current application, the owner is required Ito obtain a demolition permit to remove all non-permitted work on the site; the tree house accessory structure at the rear of the property must be removed and the two-story accessory structure must be returned to the previously % approved use with a first story garage and second story storage, with no fixed stairs between the floors. Previous Commission questions regarding code regulations: • Is the difference between an accessory structure and a second unit a kitchen? The BMC defines a secondary dwelling unit as: either a detached or an attached additional residentiai dwelling unit on a single-family residential lot or parcel that provides complete independent living facilities designed for occupancy by not more than two (2) persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation purposes on the same parcel as the primary single-family dwelling is situated. For code enforcement purposes, the Planning Department looks for a secondary dwelling unit to have a permanent, fixed cooking unit (oven or stove). Accessory living quarters could have a sink, microwave, hot plate, or similar, and would not be considered a secondary dwelling unit. In addition, current code regulations prohibit secondary dwelling units in detached, second stories. • Clarify if the accessory living space can be used only by people living or working on the premises; it cannot be rented out? The BMC definition of accessory living quarters is: living quarters within an accessory building located on the same premises with the main building, for the sole use of persons employed on the premises or of inembers of the same family, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling. • Clarify that the existing living space was constructed legally, previously? As-built permits were issued for the two-story garage/storage accessory structure in 1975. The second story of the accessory structure is approved for storage, accessed by a pull-down ladder, and has never been permitted for living space. • Asked how prohibition on rental of the space would be enforced? All code enforcement is monitored by complaint. Code Enforcement History: In 1974 plans were submitted to the Building Department for an addition to the main house and for a new, detached, single-story garage on the property at 2301 Easton Drive. The property owners at that time were the same family that currently owns the property. It appears that during the construction of this project, the as-built structures departed significantly from the approved Building permit plans. The Building Inspector did not note any of the changes during his inspections. During construction, a neighbor complaint was lodged that brought the errors to the attention of the Building and Planning departments. The property owners then went forward to the Planning Commission to request a front setback variance for the addition to the main house. This variance was granted in 1975. -4- Conditional Use Permits for change in use for existing, non-conforming Accessory Structure 2301 Easton Drive During the action hearing for the front setback variance, a Planning Commissioner noted that beyond the changes to the main house, the approved Building plans showed a single-story detached garage to be built on the site and instead a detached, two-story accessory structure had been built (see attached 3/24/75 Planning Commission minutes). The as-built accessory structure had a parking area and full bathroom on the first floor and an approximately 643 SF storage area on the second floor. The Municipal Code at that time would have required a side setback variance for the second floor of this structure. The Planning Director eventually determineci that a Building permit should be issued for the structure without the owners having to take the item forward for a variar.�e, so long as revised plans for the structure were submitted and a Building permit was issued (see the attached 4/15/75 memo from Wayne Swan, City Planner). The owners submitted revised plans in 1975 for the as-built garage structure, which show the second floor storage and a full bathroom on the first floor (see attached plans dated 4/1/75 ,Sheets A, B, C). In the intervening 37 years, the residence stayed within the ownership of the same family. There was at least one complaint during that time that the area above the garage was being used as living space or as a second unit. Although this would have been an illegal use of the space, it appears that this complaint was not investigated (see attached undated note from approximately 1986). Current Code Enforcement: In December 2011, the Planning Department received an inquiry from a design professional about the possibility of converting the second floor of the accessory structure into a second unit at 2301 Easton Drive. Although the Municipal Code was recently revised to allow second units on properties of this size, the professional was informed that second units are prohibited on the second story of accessory structures. In June 2012, the Building and Planning Departments received multiple complaints of construction without a permit in the accessory structure at 2301 Easton Drive. A Building Inspector visited the site on 6/29/12 and found non- permitted work in progress, and issued a Stop Work Order. The owner submitted an application for a CUP to the Planning Department on August 30, 2012. Findings for a Conditional Use Permit: In order to grant a Conditional Use Permit, 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 conduct a public hearing on the application, and consider public testimony and the analysis contained within the staff report. Action should include specific findings supporting the Planning Commission's decision, and should be affirmed by resolution ofthe Planning Commission. The reasons for any action should be stated clearly for the record. 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 Division and date stamped March 15, 2013, sheets T1.0, AB2, GPA1.0. A2.0, A2.1; 2. that the'tree house' accessory structure at the rear, left corner of the lot shall be demolished; the property owner shall be responsible for all necessary permits from the City of Burlingame, Department of Fish and -5- Conditional Use Permits for change in use for existing, non-conforming Accessory Structure 2301 Easton Drive Game, and the Army Corps of Engineers for any of the work that is conducted in the creek and sewer easements; 3. that the accessory living quarters above the detached garage shall include finro bedrooms, a bathroom with a shower and a toilet, a living room and a hobby room; 4. that the accessory structure shall never include a kitchen with a permanent cooking fixture, as this would change the use of the accessory structure to a second dwelling unit, and the accessory structure shall never be used fo� living purposes as a second dwelling unit; 5. that if the accessory structure is demolished, the envelope changed at a later date, or should the use in the structure change, the conditional use permit may require an amendment or may become void; 6. that the conditions of the Chief Building Official's September 4, 2012, and September 27, 2012, memos, the NPDES Coordinator's September 9, 2012, memo, the City Engineer's September 24, 2012, memo, and the Fire Marshal's, August 31, 2012, memo shall be met; 7. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 8. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; and 9. 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. Erika Lewit Senior Planner c. Tim Raduenz, applicant Attachments: December 10, 2012 Planning Commission Minutes March 12, 2013 letter from Jean-Paul Bergez, Landscape Designer Letter to Planning Commission against, from adjacent neighbor date stamped 3/27/13 Application to the Planning Commission Conditional Use Permit Form November 13, 2012 Planning Commission Minutes Letter of explanation from the applicant, dated 11/9/12 Photographs of Non-permitted `Tree House' Accessory Structure, dated November, 2012 Photograph of Existing Front Elevation of the Garage Accessory Structure, dated November, 2012 Staff Comments Letter from applicant, date stamped 10/22/12, requesting continuance Letter from applicant to address concerns of neighbor, date stamped 12/10/12 Letter from owner's attorney, date stamped 11 /9/12 Letters to Planning Commission (9) in support Letters to Planning Commission (6) against Letter to Planning Commission from designer, dated 12/10/12 � Conditional Use Permits for change in use for exisiing, non-conforming Accessory Structure 2301 Easton Drive Historical Planning and Building data, including: • March 24, 1975 Planning Commission Minutes • March 24, 1975 City of Burlingame Inter-department Memo • April 15, 1975 Memo from City Planner to City Manager � April 24, 1975 City of Burlingame Memo from Director of Public Works to City Planner and Planning Commission • 1974 Building permit plans for 2301 Easton Drive • April 1, 1975 Revised Building permit plans for 2301 Easton Drive, sheets A,B,C Notices of Public Hearing — Mailed November 30, 2012, and March 29, 2Q13 Aerial Photo �e CITY OF BURLINGAME PLANN/NG COMMISS/ON — Approved Minutes December 10, 2012 roof ridge and provide certification of that height to the Building Department; and 18. that prior to final inspection, Planning Department staff will inspect and architectural details (trim materials, window type, etc.) to verify that the according to the approved Planning and Building plans. The motion was seconded by Commissioner Terrones. Discussion of motion: note compliance of the prcject has been built Doesn't believe that the non-Burlingame neighhor should weigh-in on the issue. Vice-ChairAuran called fora voice vote on the motion to recommend approval. The motion passed 6-0-0-1 (Commissioner Gaul recused). The Planning Commission's action is advisory and not appealable. This item concluded at 7:59 p.m. Chair Gaul returned to the dais. 5. 2301 EASTON DRIVE, ZONED R-1 —APPLICATION FOR A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING ACCESSORY STRUCTURE USE FROM STORAGE TO ACCESSORY LIVING QUARTERS (TIM RADUENZ, APPLICANT AND DESIGNER; PHILOMENA TERRY, PROPERTY OWNER) STAFF CONTACT: ERIKA LEWIT Reference staff report dated December 10, 2012, with attachments. Community Development Director Meeker presented the report, reviewed criteria and staff comments. Nine (9) conditions were suggested for consideration. Questions of staff: ■ Everything that the original property owner built was done legally with permits. ■ The construction has been on the property for forty years. ■ Noted that a City Council member at the time had issues with Bud Terry. ■ Clarified the application contents. • There is a problem in the City records; it does not document the fight between Ery Amstrup and Bud Terry. ■ Requested clarification of what is being discussed as part of the applicant's request. (Meeker — provided a description of the matter.) Chair Gaul opened the public hearing. Mark Hudak, Burlingame; represented the applicant. ■ Clarified how the matter was brought to the Commission. ■ When Bud Terry passed; his widow needed assistance, so their daughter and two grandsons moved into the house. ■ It is known that the process should have been followed; the applicant was acting from his concern regarding his mother. ■ Seeking approval for the conversion of the storage space into an accessory living structure. ■ Accessory living space is different from a secondary dwelling unit; explained the difference. ■ The purpose of an accessory living space is to expand living space so the family can live together. ■ Seek approval of the conversion as requested. � CITY OF BURLINGAME PLANN/NG COMM/SSION — Approved Minutes December 10, 2012 ■ Not a big space; not expanding the existing garage in any way. ■ The objection from the neighbor is the potential for an invasion of privacy due to the proximity of the structure to the neighbor's property. ■ Can attempt to mitigate these impacts through window removal and installation of additional landscaping; though this will leave a relatively large, blank wall on the side facing the neighbor. Suggested allowing opaque windows to be installed and have also proposed a green-screen. ■ Noted that a tree-house had been erected behind the garage, and found a diary from the late Bud Terry regarding the history of the tree-house; it was built with his grandsons as an introduction to construction, to show pride in construction and to demonstrate that when you begin a project, you follow through. ■ Noted a journal entry that indicated that a City inspector visited the property to investigate construction without a permit. According to the diary, the City inspector at the time found that a permit wasn't required. However, as a condition of approval, the family is willing to remove the tree- house. ■ Have a legal second-floor for certain uses; accessory living space is allowed with the conditional use permit. ■ There are conditions suggested that can address the neighbors' concerns and meet the definitions in the Municipal Code. ■ Approval will allow the extended family to remain together. Commission comments: Is it the applicant's intention to remove the playhouse if the project is not approved? (Hudak — is likely being removed anyway, but it may be able to be permitted.) Are their views into the neighbor's property from the play house? (Hudak — likely, but not certain.) Public comments: Meredith Thacker, Burlingame; Roy Ludwell, Burlingame; John Quilici, Burlingame; spoke: ■ Have been involved in discussions regarding this project since September; are not in favor of the project (referenced letters submitted previously). ■ Are shocked at the number of projects that have occurred without permits over the course of the past 40-years. ■ Were assured when they bought their home that the second-floor space was rarely used (the selling agent was the applicant). ■ The space could still be rented out to non-family members pursuant to the Municipal Code. ■ Both City and State codes prohibit restricting rentals. ■ This change will lower their property value due to its close proximity to their property. ■ The daughter made a decision to sell a four-bedroom home to move into this property. ■ The applicant has good ideas for reducing the negative impacts upon their property, but this doesn't change the opposition to the use of the space. ■ Should only be allowed to use it for storage. ■ Would the Commissioners want it next to their homes? (Commissioner — indicated that the space was always used as Bud Terry's office from the outset.) There was never any use of it during the 2 '/2 years they have owned their property. ■ Disagrees with the comments from the Commissioner that everything Bud Terry did was legal; he appeared before the Commission previously after illegal work was done. ■ The play structure was built without a permit; believes it is more of an observation deck — he witnessed the City inspector visiting the property to investigate the construction of the play structure. E CITY OF BURLINGAME PLANNING COMM/SS/ON — Approved Minutes December 10, 2092 • ■ Bud Terry always worked near the front door of the house; never saw evidence that he worked in the second-floor of the accessory structure. ■ Have visited the property several times over the last few days; agrees with Thacker's concerns regarding privacy. ■ There is a narrow passage-way between the Terry building and the Thacker property; anyone wishing to access the second-story must traverse this narrow area. ■ The second-story of the Thacker property is only seven feet from the structure. Additional comments from applicant: ■ The Thackers noted that they were advised of the presence of the space that could be used periodically. ■ Must be aware that over time things could change — it is not fixed for all time. ■ May not be converted into rental space. ■ Clear that the neighbors watch activity in the area; likely that if the space were used illegally in the future, then someone would call Code Enforcement. ■ When individuals enter the building, most go around the pool to get into the property; this minimizes impacts upon the neighbors. ■ Have addressed privacy issues as best as they can. ■ Requested approval. More Commission comments: ■ Noted that the plans show that the access to the structure is from the left side; is this correct? (Hudak — as a practical matter, people usually enter from the right.) ■ If the side-yard is turned more into a landscaped area, then there would be no way to use that as the route to the space. (Hudak — confirmed that screening is proposed on that side as well.) ■ Noted that the proposed elevation shows a gate on the left side; this could be made a wall. ■ On the as-built drawings, are they accurate regarding the structural members and the manner of construction? (Hudak — confirmed with project architect.) ■ Concerned that the construction may not pass today's standards. ■ There don't appear to be any sheer walls. ■ Difficult to conceive of people living in the space, since it appears that the structure may not comply with today's codes. (Meeker — noted that the Building Division will ensure that, if approved, the construction will comply with applicable codes.) ■ Leave it up to the building department to determine if the windows should be removed. There were no further comments and the public hearing was closed. Further Commission discussion: ■ Has a number of problems with the project; every step of the project has been problematic with construction occurring after the fact. ■ The home is quite large. ■ Had a discussion during the study session regarding what constitutes a kitchen; however, there are a lot of people that can live in conditions without a permanent cooking facility. ■ Considers this an invasion of the neighbor's privacy. ■ It wouldn't take much to turn the hobby and storage area into a kitchen and have the space become a secondary dwelling unit, even though extended family members would be living in the space. ■ Referenced lack of compliance with current standards. 10 CITY OF BURLINGAME PLANN/NG COMMISSION — Approved Minutes December 10, 2012 ■ There is an option to remove all windows along the left side, remove access along the left side and add planting in the area to fully screen the structure from the neighbor. ■ Clarified that the Commission is focused on the changes in use. ■ Disagrees that an entire new application is necessary to impose changes that enhance privacy. ■ Impacts are: privacy (handle with screening, etc.) and noise (access and people in the space). ■ The privacy portion can be mitigated through conditions. ■ The issue becomes more of a noise matter. ■ Can approve the application with conditions related to the privacy issues. ■ The neighbor knew the property could be used for another purpose — the noise issue is key. ■ Agrees that privacy and noise are the concerns; is not comfortable making the necessary findings in support of the conditional use permit with those outstanding concerns. ■ The building was built according to approved plans. ■ Viewed the accessory structure from the neighbor's prope�ty; it is really close — if he lived in the neighbor's home, then he would feel the presence of the people in the space above the garage. ■ Noted that the setbacks could be modified in a manner (e.g. landscaping, etc.) that prohibits passage through the area, while minimizing impacts upon the neighbor. ■ The impact upon the neighbors is exacerbated by the lesser setback from the neighbors. ■ Doesn't feel that the full impacts of the structure can be mitigated. ■ Wants to approve the requests. Everything that the property owners have done is legal. CommissionerAuran moved to approve the application, by resolution, with the following conditions: that the project shall be built as shown on the plans submitted to the Planning Division and date stamped November 29, 2012; 2. that the `tree house' accessory structure at the rear, left corner of the lot shall be demolished; the property owner shall be responsible for all necessary permits from the City of Burlingame, Department of Fish and Game, and the Army Corps of Engineers for any of the work that is conducted in the creek and sewer easements; 3. that the accessory living quarters above the detached garage shall only include two bedrooms, a bathroom, a living room and a hobby room; any changes to the use of these rooms shall require an amendment to the conditional use permit; 4. that the accessory structure shall never include a kitchen with a permanent cooking fixture, as this would change the use of the accessory structure to a second dwelling unit, and the accessory structure shall never be used for living purposes as a second dwelling unit; 5. that if the accessory structure is demolished, the envelope changed at a later date, or should the use in the structure change, the conditional use permit may require an amendment or may become void; 6. that the conditions of the Chief Building Official's September 4, 2012, and September 27, 2012, memos, the NPDES Coordinator's September 9, 2012, memo, the City Engineer's September 24, 2012, memo, and the Fire Marshal's, August 31, 2012, memo shall be met; 7. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 11 CITY OF BURLINGAME PLANN/NG COMMISSION — Approved Minutes December 10, 2012 8. 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 orfull demolition of a structure, interior or exterior, shall require a demolition permit; and 9. 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 motion was seconded by Commissioner Cauchi. Discussion of motion: ■ The neighbor can insfall landscaping to mitigate the impacts. ■ Suggested removal of the windows, removal of gate, installation of green screen, removal of play house, and access fo the space should be from the right side of the property. ■ Not certain that the green screen is the best solution — suggested removing this element, and requiring dense vegefation in place of the green-screen. Chair Gaul called for a roll call vote on the motion to approve. The motion failed 2-5-0-0 (Commissioners Yie, Sargent, Gaul, Davis and Terrones opposed). Commissioner Terrones moved to deny the applicant's request without prejudice. The motion was seconded by Commissioner Gaul. Chair Gaul called for a roll-call vote on the motion to deny without prejudice. The motion carried 5-2-0-0 (Commissioners Cauchi and Auran opposed). Appeal procedures were advised. This item concluded at 8: 54 p. m. � IX. DESIGN REVIEW STUDY ITEMS Commissioner Sargent indicated thaf he would recuse himself from the discussion regarding Agenda Item 6 (2608 Hillside Drive) as he resides within 500-feet of the property. He left the City Council Chambers. 6. 2608 HILLSIDE DRIVE, ZONED R-1—APPLICATION FOR DESIGN REVIEW FOR A NEW, TWO-STORY SINGLE FAMILY DWELLING (JESSE GEURSE, GEURSE CONCEPTUAL DESIGN, INC., APPLICANT AND DESIGNER; BRET BOTTARINI, PROPERTY OWNER) STAFF CONTACT: ERICA STROHMEIER Reference staff report dated December 10, 2013, with attachments. Associate Planner Strohmeier briefly presented the project description. Questions of staff: ■ None. Chair Gaul opened the public comment period. Jesse Geurse, Burlingame and Brett Bottarini, Burlingame; represented the applicant. 12 �� Bergez&Associates s �= L A N D S C A P E D E S I G N 160 Lowell Street Redwood City, CA 94062 Tel. (415) 425-7700 March 12, 2013 TO: Tim Raduenz, Form + One 3841 24�' Street San Francisco, CA 94114 FROM: Jean-Paul Bergez, Principal Bergez & Associates Landscape Design RE: 2301 Easton Drive, Burlingame Project Screening Trees Recommendations List Dear Tim, I have prepared a list of trees for your consideration in response to the concerns raised by the City of Burlingame. The accompanying tree list identifies various trees which will adequately provide visual relief to the existing garage & in-law dwelling unit proposed for the 2301 Easton Drive, Burlingame properry. Rer our conversation, the intent of the provided list is to give you and the concerned party various tree options from which one tree variety for planting can be selected. The various trees listed were selected for their ability to ensure that the two neighboring properties will be separated visually once the selected and planted tree variety reaches maturity. Also, each of the listed trees has been recommended for their aesthetic qualities so that the full-grown tree will add to the overatl beauty of the project site and neighboring properties. I believe any of the trees listed in the accompanying document would be an appropriate choice to achieve your goals. Please let me know if I can provide anything further at this time. Regards, Jean-Paul Bergez, Principal Bergez & Associates Landscape Design _. s.� �- �., �.�, f:-. 0 March 13, 2013 RECOMMENDED TREE LIST For Screening of the Above-Garage Second Floor In-Law Dwelling Unit Proposed for the 2301 Easton Drive, Burlingame property 1. Evergreen Trees • Hymenosporum flavum �`�� 1 �� ,,�{ E i; . 4�� � t . y� � � .T �"�L 7 d�. eC:.i, y... � ;� ���� !� 5 .. �N: ; �r�1C.�� ��. � 4� � i .. , . � z E .. - t.i� _I-.- _-, :. .,." .. • Tristania laurina `Elegant' • Arbutus `Marina' � ��., , � ,..y s , ;,\ � , � i_ — . .: i: .. 2. Deciduous Trees ''.. �� � March 13, 2013 a `Chanticleer' ..J • Betula jacquemontii March 13, 2013 • Lagerstroemia indica `Tuscarora' � • Acer rubrum `Autumn Blaze' David and Meredith Thacker 2223 Easton Drive � Burlingame, CA 94010 � Phone: 65a558-8469 E-Mail: thackerd@yahoo.com and meredith_totnlin@yahoo.com March 27, 20 � s Dear Burlingame Planning Commission: We have reviewed the revised plans submitted by the owners of 2So 1 and are still not irr favor of their plan to turn the upstairs of their garage into a permanent two-bedroom apartment. This change would adversely effect our property an�l would change the private situation that our home has had since it was built in 1926. On our stretch of Easton Drive, the homes are staggered such that each isn't built next to the other (see aerial photo). Creating a two-bedroom apartment above the garage would negatively alter this defining home and lot characteristic. In our last letters, we expressed concerns that the plan will negatively impact both our privacy and home property value and this still holds true. Additionally, we feel that the proximity o£ these living quarters to our home would still bring noise from their unit being so close to our bedroom windows. Finally, we have concerns that a future homeowner might illegally rent out the apartment. As shown on the revised plans, the accessory structure is still in extremely close proximity to the side of our home. The distance from our first floor exterior wall to the first floor of the accessory structure is only 9 feet and the distance from our second floor egterior wall to the second floor of the accessory structure is a mere 7 feet. We are in favor of the owners bringing their property more in line with city code by removing all windows facing our home from the accessory structure and by putting up trees to soften the negative visual impact. In addition, we are in favor of removing the unpermitted tree house on the back of their property. However, we are NOT in favor of the city granting them a Conditional Use Permit to turn the accessory structure into living quarters. We invite you to come visit our home at your convenience and see the garage in question. Sincerely, �� ��'� � � ��� David and Meredith Thacker , � _ _,-_. _ - -- --- � . . - _ `4.F. � . _ _ . _�..,� . , .i k: '. _ . , C`!� �_�[ ,,_. ,.. ��_ C:"_ �-. _ ,. . . <c, C . ,. , �m, WY� �„ �afi�� � a„ J � '�M% � � �', i i ��,, =,� �r� w�., ' �RlNloi�� . '�"'.ki... �, F�' � . ��' '€`� 4�':. I 1 t� � � � �Mi ' ... I ��� � :. � � � �� , � ,� ��, �� �; �t, -�` :��. � �a ��'.� w ` �',_ � ii 'M,, , � �"�l, �qm �� ,. � I 4 �. � ��� ,� �����;, �� � `,,` p� I . ;;: �� �'i` �'. ��,: . �, ,. -� �� F��ili I� ���4G; �"!;�:.. �., . „ � ' ��. .� �' I,. �'� � ,� ��. ;� ,., rr ��I� � ���:�� � � �r��il � +� :e *� i IVh v q7r ilI � i �Iw� �`;= _, � /_ � �1 T?!9R�r '.. „ . '-� �1, � ��� � � � �— f ��ei ;. z�� COMMUNITY �EVELOPMENT DEPARTMENT • 501 PRIMR05E ROAD • BURLINGAME, CA 94010 p; 650.558.7250 • f: 650.696.3790 • www.burlingame.org APPLICATION `i'0 THE PLANNING COMMISSION Type of application: ❑ Design Review ❑ Variance � Parce� #: � 27— ��' �� 7� � Conditional Use Permit ❑ Special Permit ❑ Other: PROJECT ADDRES � Please indicale the coniact person tor this projed AP P LI CANT project contact person� OK to send electronic copies of documentS� Name: ' � 1 W` Address ��.�1� ,-t�{— �- �-►� 1 City/StatelZip: ��JU � �CRI�it,�.Y� r ��� y � �r�� r Phone: Fax: � �� E-mail: I �w+ ��D�+�'IOn�'E ��tb�l.l� AF�T/DESIGNER project co�tact perso� OK to send elecVonic coples of documents Name PROPERTY OWNER pro�ect contact person ❑ OK to send electronic copies of documents ❑ Name: !"I�`S• �-t-il(�D►u� ( ���`( Address: �l� ��'±D� �_ Ciry/State/Zip: �'��Ll- , � _t��� Phone: -r" �� • �i'%� . �%�� F�: -- �� ��IS � �/a� E-mail: �" I`�' C� 2� , Address: �70`fl !�'T� `��'�- �� City/State/Zip: �?�C'^i `�'1P'�''lJ�� `'�� ���`� Phone: _ D�D / � ' �� / �L�J�i� I�l � i * Burlingame Business License PROJECT D r I�JjNc. Z- + AFFADAVITISIGNATURE: I hereb ce 'fy under pen of perjury that the inforrnation given herein i true nd correct to the best of my knowledge and belief. Applicant's signature: � Date: Z�"— I am aware of the proposed applica ion an ereby thorize the above applicant to submit this app ication o the Planning Commission. %� Property owner's signature: I .� �-� Date: �_��- ►�' Date submitted: � * Verification that the project architect/designer has a valid Burlingame husiness license wil�be r quired by the Finance Department at the time application fees are paid. ❑ Please mark one box above with an X to indicate the contact person for this project. s:�HArv�our5lacapprr�acion zoos.nondour.doc City of Burlingame • Community Developmenl Department • 501 Primrose Road • P(650) 558-7250 • F(650) 696-3790 • www.burlinaame.org CITY 4 ��� : �i '�7�� CITY OF BURLINGAME ' CONDITIONAL USE PERMIT APPLICATION The Planning Commission is required by law to make findings as defined by the City's Ordinance (Code Section 25.52.020). Your answers to the following questions can assist the Planning Commission in making the-decision as to whether the fin�ings can be made for your request. Please type o� write neatly in mk. Refer to the back of this form for assistance with these questions. 1. Explain why the proposed use at the propos�d Iocation will not be defrimental or injurious fo properfy or improvements in the vicinity or to public health, safef�r, � G� ener welfa� reQr convenience. j� _� ,� �� .� �G � � �� / � ' �I/��'��..1' / " i G .-i7 �/l7 ? •�--- ��! [���� % / Q �j � / /4-c �' � ��s, C�n .sJ�'� ��'�- �'�� �� � �c..�� - �' � � �'��� �-- �.� ,-� ��,z� �,�� _� ��� � � ��! ��-�-��.� . -� ��j � ��?�� � �7 �� ��t� � �v��rin � �� �� .� � f , � � .�— �� � Q �- � � �- �� l� �1,3� /� ` � � .f!?G�'L' �'''�/) Ci .�-.z a- � G�-C-f�'� oc.��- � /� ����-.�f ��, � �s /� 2. How will the proposed use`�e /ocated and conducted in accordance with the Burlingame General Plan and Zoning Ordinance? � � _�� ��~ s� a �c,l%n ti ��':��� � �����G �=�--�- � - �,� �'���� U.�,�� �-���. �., _ ��' '� - � - ,{/�-�- ,-� �� �' � L� � � .��- f�r� � a �� � , � � � ��,. - 3. How will the proposed project be compatible wiih the aesthetics, mass, bulk and character of the existing and potenfia/ uses on adjoining propertres in the general vicinity? . ��_�zf�i-`'t" /�/�o �f� // � � �� �/� �c% � �� / �� .77 F�. � P�� � � ' � f � ��� � v' �/ �' ��% �� t�..� f - � ��,, (',,�-�' �G-� �. ��i�i��l--� � f /�7 ��� , s , /� /fi�� �fla rJ, �v �"�,yL `% � � �l rf � �i�J �/�{/� �/J/�f l�Gfi�JJ f � � � i��� o � �' ""� ��-�,C �' �� � ��,'�'� yr J �y�- `"� S . Rev 062007 HandoutslConditional Use Permi pp.2007.FORM City of Burlingame • Community Development Deparlmenl • 501 Primrose Road • P(650) 558-7250 • F(650) 696-3790 • www.burlinqame.orn 9. Explain why fhe proposed use at fhe proposed /ocation will notbe detrimental or injurious fo properfy or improvements in the vicinify 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? If neighboring prope�ties will not be affected, state why. Think about tra�c, noise, lighting, paving, landscaping sunlight/shade, views from neighboring properties, ease of maintenance. Why will the structure or use within the structure not affeci the public's health, safety or general welfare? Public healfh includes such things as sanitation (garbage}, air quality, discharges into sewer and stormwater systems, water supply safety, and thing which have the potential to affect public health (i.e., underground storage tanks, storage of chemicals, situations which encourage the spread of rodents, insects or communicable diseases). Public safetv. How will the structure or use within the structure affect police or fire protection? Will alarm systems or sprinklers tre 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 cit�s policy and goals for conservation and development? Is there a social benefit? Convenience. How would the proposed structure or use affect public convenience (such as access to or parking for this site or adjacent sites)? Is the proposal accessible to particular segments of the puhlic such as the elderly or handicapped? 2. How will fhe proposed use be locafed and conducted in accordance with the Burlingame General Plan and Zoning Ordinance? Ask the Planning Department for the general plan designation and zoning district for the proposed project site. Also, ask for an explana6on 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 projeci be compatible with the aesfhetics, mass, bulk and character of fhe existing and pofentia! uses on adjoining properties in fhe general vicinify? How �oes the proposed structure or use compare aesthetically with existing neighborhood? If it does not affect aesthetics, state why. If changes to the structure are proposed, was the addition designed to match existing architecture, pattern of development on adjacent properties in the neighborhood? If a use will affect the way a neighborhood or area looks, such as a long term airport parking lot, compare your proposal to other uses in the area and explain why it fits. How does the proposed structure compare to neighboring structures in terms of mass or bulk? If there is no change to the structure, say so. If a new structure is proposed, compare its size, appearance, orientation, etc. with other structures in the neighborhood or area. How will the structure or use within the structure change the character of the neighborhood? Think of character as the image or tone established by size, density of development anti general pattern of land use. W ill 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, andlor state why your project would be consistent with potential uses in the vicinity. Rev 06.2007 HandoutslConditional Use Permit App.2007.FORM � CITY O �� � � ��•;�� � .. ` � ,� .ti � � � � -� 5' v CITY OF BURLINGAME PLANNING COMMISSION APPROVED MINUTES Tuesday, November 13, 2012 - 7:00 p.m. City Council Chambers - 501 Primrose Road Burlingame, California CALL TO ORDER � � Chair Gaul called the November 13, 2012, regular meeting of the Planning Commission to order at 7:00 p.m. ROLL CALL Present: Commissioners Auran, Cauchi, Gaul, Sargent, Yie and Davis Absent: Commissioner Terrones Staff Present: Community Development Director William Meeker; Associate Planner Erica Strohmeier; City Attorney Gus Guinan; and Civil Engineer poug Bell MINUTES Commissioner Gaul moved, seconded by CommissionerAuran fo approve the minutes of the October 22, 2012 regular meeting of the Planning Commission, with the following change: Page 3, first bullet at the top of the page; replace "be" with "been". IV V. VI. Motion passed 5-0-1-1 (Commissioner Terrones absent, Commissioners Cauchi and Davis abstained). APPROVAL OF AGENDA There were no changes to the agenda. FROM THE FLOOR No one spoke from the floor. STUDY ITEMS 1. 2301 EASTON DRIVE, ZONED R-1 -APPLICATION FOR A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING ACCESSORY STRUCTURE USE FROM STORAGE TO ACCESSORY LIVING QUARTERS (TIM RADUENZ, APPLICANT AND DESIGNER; PHILOMENA TERRY, PROPERTY OWNER) STAFF CONTACT: ERIKA LEWIT (ITEM CONTINUED FROM THE OCTOBER 22, 2012 PLANN/NG COMMISSION MEETING AT REQUEST OF APPLICAIVT) Community Development Director Meeker presented a summary of the staff report, dated November 13, 2012. Questions of staff: None. CITY OF BURLINGAME PLANN/NG COMM/SSION — Approved Minutes November 13, 2012 Commission comments: ■ Clarified that all of the background discussion in the staff report is just that; the Commission is not acting upon the past circumstances. (Nleeker — that is correct.) ■ Is the difference between an accessory structure and a second unit the presence of kitchen? (Meeker — correct; if there were a kitchen installed in the space, it would then be a dwelling unit. Absent a kitchen, accessory living space is allowed.) ■ Clarified that accessory living space may be used by people living or working on the premises; it cannot be rented out.) ■ Asked if a second #�oor can be used as accessory �iving space? (Meeker/Strohmeier — accessory living space may be cQnsidered; however, a full dwelling unit cannot be considered under these circumstances.) ■ Clarified that the existing living space was constructed legally, previously. (Mee�Cer — correct; are requesting modifications to the prior approval. ■ Are there findings that must be adopted? (Meeker — yes; will be provided in staff report when the item is presented for action.) ■ What is the difference between storage and living space? (Meeker — storage space would not be typically finished in a manner that permits habitation.) ■ Is there a limit to the number of bathrooms? (Meeker — no.) ■ How does the declining height envelope relate to this proposal? (Meeker — it doesn't in this instance; all prior approvals addressed height issues.) ■ Noted that the staff report did not include an aerial photograph of the area. • Asked for information regarding adjacent property setbacks from common property lines. ■ Asked how the prohibition on rental of the space would be enforced? (Meeker — through deed restriction.) ■ How is a kitchen defined? (Meeker/Strohmeier — stovetop, sink, refrigerator and other appliances that would normally be found in a kitchen; provision of a stove is the primary distinction; an under- counter refrigerator and microwave does not define a kitchen and may be allowed within an accessory living space.) This item was set for the regularAction Calendar when all the information has been submitted and reviewed by the Planning Department. The Planning Commission's action is advisory and not appealable. This item concluded af 7:16 p.m. VII. ACTION ITEMS Consent Calendar - Items on the Consent Calendar are considered to be routine. They are acted upon 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. Chair Gaul asked if anyone in the audience or on the Commission wished to call any item off the consent calendar. Commissioner Yie asked that Agenda Item 2a (1417 Vancouver Avenue) be removed from the Consent Calendar, Commissioner Sargent indicated that he would recuse himself from voting on Consent Calendar Item 2c (1419 Carlos Avenue) as he owns property within 500 feet of the property. 2b. 1225 BERNAL AVENUE, ZONED R-1 - APPLICATION FOR DESIGN REVIEW FOR A NEW, TWO-STORY SINGLE FAMILY DWELLING WITH A DETACHED GARAGE (JACK MCCARTHY, APPLICANT AND DESIGNER; SUZANNE AND CHUCK LYMAN, PROPERTY OWNERS) STAFF CONTACT: EF21CA STROHMEIER 2 CARR McCLELLAN INGERSOLL THOMPSON & HORN Professional Law Corporation November 9, 2012 Planning Commission Burlingame City Hall 501 Primrose Road Burlingame, CA 94010 �� Received After _ gv���N�AM� PC Meeting 11 .13.12 Agenda Item #1 �� �' 2301 Easton Drive (2 pgs. ) Re: Conditional Use Permit Application for 2301 Easton Dear Commissioners: Mark D. Hudak mhud ak@carr-mcclellan. com i, , Our office is assisting Mrs. Philomena Terry and her son, Greg, with their application for a conditional use permit to use the second-stnry space above the garage at 2301 Easton as accessory living space: By way of background, Mrs. Terry recently lost her husband of 70 years. To help her through her difficult adjustment period, Mrs. Terry's daughter sold her home and has moved in with her mother at 2301 Easton, along with her two sons. In order to achieve reasonable living arrangements for tlus multi-generational family situation, the two boys need separate space. The space above the garage provides an ideal location where the two boys can have some separation but still be there to support their mother and grandmother. Given the urgency of the family situation, Greg began work on the garage space before applying for a pernut, which he acknowledges was a mistake. As you can see, the reason for this project is to accommodate a family situation, not to create a rental unit that can be leased to tenants. As such, the project qualifies as "accessory living quarters." The Burlingame Municipal Code defines "accessory living quarters" as "living quarters within an accessory building located on the same premises with the main building, for the sole use of persons employed on the premises or members of the same family ...." BMC §25.08.130 (emphasis added). A conditional use permit is required for the approval of accessory living quarters within an accessory building. BMC §25.60.010(m}. We understand the privacy concerns of the adj acent neighbor. These concerns can be addressed in a number of ways. The most effective solution would be installation of screening trees, which would help shield the side of the garage from the neighbor's property. A second solution would be to install opaque glass in the windows. The third alternative would be to remove the windows altogether, but that would increase the massing on that side of the structuxe. The revised plans show that the windows will be removed. COMMUNICATION RECEI i'ED AFTER PREPAR4TION OF ST�1FF REPORT � P 650.342.960Q 216 Park Road • Burlingame • California 94010 F 650.342.7685 www.carr-mcclellan.com Received After Planning Commission BUR��N�A� PC Meeting 1 1.13.12 November 9, 2012 .� _�; Agenda Item #1 Page2 2301 Easton Drive (2 pgs.) Because this approval is subject to reasonable conditions imposed by the Commission, the Terry family is prepared to accept any of these solutions. If the Commission would prefer one of the other solutions, we would be glad to accommodate it. Thank you in advance for your consideration. Sincerely, ,.�,�.��J, v Mark D. 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I h, i . � ,� „k,n., qa 7, � Project Comments �. �� Date: To: From: Subject: Staff Review: August 30, 2012 � Engineering Division (650) 558-7230 X Building Division (650) 558-7260 � Parks Division (650) 558-7334 � Fire Division (650) 558-7600 � Stormwater Division (650} 342-3727 � City Attorney (650) 558-7204 Planning Staff Request for Conditional Use Permit for accessory living quarters and bathroom in an existing accessory structure at 2301 Easton Drive, zoned R-1, APN: 027-154-070 September 4, 2012 NOTE: This application has been submitted subsequent to a complaint that was received and a stop work order that was issued on June 29, 2012. 1) -� On the plans specify that this project will comply with the 2010 California Building Code, 2010 California Residential Code (where applicable), 2010 California Mechanical Code, 2010 California Electrical Code, and 2�10 California Plumbing Code, including all amendments as adopted in Ordinance 1856-2010. Note: If the Planning Commission has approved the project prior to 5:00 p.m. on December 31, 2010 then the building permit application for that project may use the provisions found in the 2007 California Building Codes including all amendments as adopted in Ordinance 1813. With your re-submittal provide documentation (GreenPoints checklist, LEED checklist, or other) , as described below, which shows that this project will comply with the City of Burlingame Green Building Ordinance. Note: Compliance with the City of Burlingame Green Building Ordinance is required unless specific land use provisions for the project are approved by the Planning Commission prior to 5:00 p.m. on December 31, 2010. "A permit applicant is required to submit a completed checklist of the proposed compliance measures for the project at the initial submittal to the Planning Division for projects requiring Planning Commission approval. If Planning Commission approval is not required prior to Building Code plan check, then an applicant must submit a completed checklist of the proposed compliance measures directly to the Building Division at the time of the initial Building Code plan check submittal. A GreenPoint Rated checklist, or equivalent, with a minimum of fifty (50) points shall be accepted as one method of ineeting compliance with this ordinance. Applicants are encouraged, but not required, to meet with City staff prior to any application submittal to review the green building program and detaiis to achieve compliance with this ordinance. The means by which compliance measures are achieved shall be by Build It Green "GreenPoints", LEEDO, Energy Efficiency Standards, other recognized point systems, or equivalent approved methods. LEEDO projects must verify that they exceed the 2008 Energy Efficiency Standards by 15% (Title 24, Part 6.) Compliance measures shall be approved by the Chief Building Official prior to issuance of a building permit. Projects must show verification of energy savings which exceed the 2008 Buiiding Energy Efficiency Standards (Title 24, Part 6) of the California Building Code by 15%. Projects using the performance approach may use an Alternative Calculation Method (ACM) approved by the California Energy Commission to show verification of the required energy savings of 15°/o by comparison of the proposed building to the Title 24 standard or "budget" building." Green Building information can be found on the City of Burlingame website in the Green Building tab of the Building Division page at: http�//www.burlinqame.orq/Index.aspx?paqe=1203 � On the plans provide a copy of the GreenPoints checklist for this project at full scale. 4) Specify on the plans that this project will comply with the 2008 California Energy Efficiency Standards. Go to http�//www.enerqy.ca.qov/title24/2008standards/ for publications and details. 5) Place the following information on the first page of the plans: "Construction Hours" Weekdays: 7:00 a.m. — 7:00 p.m. Saturdays: 9:00 a.m. — 6:00 p.m. Sundays and Holidays: 10:00 a.m. — 6:00 p.m. (See City of Burlingame Municipal Code, Section 13.04.100 for details.) �On the first page of the plans specify the following: "Any hidden conditions that require work to be performed beyond the scope of the building permit issued for these plans may require further City approvals including review by the Planning Commission." The building owner, project designer, and/or contractor must submit a Revision to the City for any work not graphically illustrated on the Job Copy of the plans prior to performing the work. � On the first page of the plans indicate that the Occupancy Group is R-3; not R-1. 8) Anyone who is doing business in the City must have a current City of Burlingame business license. 9) Provide fully dimensioned plans. 10)Provide a fully dimensioned site plan which shows the true property boundaries, the location of all structures on the property, existing driveways, and on-site parking. �This application is the result of a code enforcement case and involves a structure that was originally constructed as a garage with storage above in 1975. Alterations were performed, with and without building permits, over approximately the next three decades. New alterations are now proposed. Provide existing, originally approved floor plans and elevations, floor plans and elevations for the structure as it currently exists, including all work that has been performed without a building permit, and proposed floor plans and elevations designed to bring this building into conformance with Zoning and Building Code requirements. 'I�The proposed plan appears to be a Dwelling Unit. Dwelling units provide "complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating,. cooking, and sanitation." (2010 CBC �202) On the proposed floor plans provide complete details regarding the �� rovisions for eating and cooking. rovide a complete demolition plan that indicates the existing walls, walls to be demolished, new walls, and a legend. NOTE: A condition of this project approval is that the Demolition Permit will not be issued and, and no work can begin (including the removal of an building components), until a Building Permit has been issued for the project. The property owner is responsible for assuring that no work is authorized or perFormed. 14)Show the distances from all exterior walls to property lines or to assumed property lines 15)Show the dimensions to adjacent structures. �oorns that can be used for sleeping purposes must have at least one window or door that complies with the egress requirements. Specify the location and the net clear opening height and width of all required egress windows on the e/evafion drawin_qs. Note: The windows shown on the plans will not meet the net clear opening width required by the building code. 1'7 he garage cannot have any direct openings into a room used for sleeping purposes. Please amend the drawings to show code compliance. 2010 CBC §406.1.4 '8 n the plans indicate that 5/8" Type X gypsum will be installed on all walls that support the second floor. �9�" Provide section details that show the finished ceiling height for each room on the second floor. Provide area calculations for each room on the second floor and show that each room complies with the ceiling height requirements for that room. ��010 CBC §1208.2 #2. ndicate the location of the water heater and furnace for this unit. 21)Provide guardrails at all landings. NOTE: All landings more than 30" in height at any point are considered in calculating the allowable lot coverage. Consult the Planning Department for details if your project entails landings more than 30" in height. 22)Provide handrails at all stairs where there are four or more risers. 23)Provide lighting at all exterior landings. NOTE: A written response to the items noted here and plans that specifically address items 2, 3, 6, 7, 11, 12, 13, 16, 17, 18, 19, and 20 must be re-submitted before this project can move forw for Planning Commission action. Reviewed b . "� . �� Date: 9-4-2012 ��- � Project Comments � Date: �' �}Gw.1xr 2�-��Lo12 To: � Engineering Division (650) 558-7230 X Building Division (650) 558-7260 � Parks Division (650) 558-7334 � Fire Division (650) 558-7600 � Stormwater Division (650) 342-3727 0 City Attorney (650) 558-7204 From: Planning Staff Subject: Request for Conditional Use Permit for accessory living quarters and bathroom in an existing accessory structure at 2301 Easton Drive, zoned R-1, APN: 027-154-070 Staff Review: NOTES: This application has been submitted subsequent to a complaint that was received and a stop work order that was issued on June 29, 2012. When plans are submitted for building code plan check provide a statement on each page of the plans which clearly states "Not to be used as a secondary dwelling unit." All conditions of approval as stated in the review dated 9-4-2012 will apply to this project. - -� Reviewed by � % Date: 9-28-2012 Project Comments Date: To: From: August 30, 2012 0 Engineering Division (650) 558-7230 � Building Division (650) 558-7260 Q- Parks Division (650) 558-7334 � Fire Division (650) 558-7600 �� Stormwater Division (650) 342-3727 � City Attorney (650) 558-7204 Planning Staff Subject: Request for Conditional Use Permit for accessory living quarters and bathroom in an existing accessory structure at 2301 Easton Drive, zoned R-1, APN: 027-154-070 Staff Review: September 4, 2012 Any construction project in the City, regardless of size, shall comply with the City NPDES permit to prevent stormwater pollution from construction activities. Project proponent shall ensure all contractors implement Best Management Practices (BMPs) during all phases of construction (including demolition). When submitting plans for a building permit include a list of construction stormwater pollution prevention BMPs as project notes and include them as a separate full size plan sheet, preferably 2' x 3' or larger. Project proponent may use the attached Construction Best Management Practices (BMPs) plan sheet to comply with this requirement. Electronic file is available for download at http://www.flowstobay.org/bs_construction. php (Scroll about half-way down the page and click on Construction BMP Plan Sheet). For assistance please contact Stephen D. at 650-342-3727 Reviewed bv: SD 5.,� Date: 9/9/2012 Project Comments Date: To: From: August 30, 2012 � Engineering Division (650) 558-7230 0 Building Division (650) 558-7260 � Parks Division (650) 558-7334 Planning Staff 8 Fire Division (650) 558-7600 � Stormwater Division (650) 342-3727 � City Attorney (650) 558-7204 Subject: Request for Conditional Use Permit for accessory living quarters and bathroom in an existing accessory structure at 2301 Easton Drive, zoned R-1, APN: 027-154-070 Staff Review: September 4, 2012 Provide a residential fire sprinkler throughout the new living area and garage. 1. Provide a minimum 1 inch water meter. 2. Provide backflow prevention device/double check valve assembly — Schematic of water lateral line after meter shall be shown on Building Plans prior to approval indicating location of the device after the split between domestic and �re protection lines. 3. All sprinkler drainage shall be placed into landscaping areas. 4. Drawings submitted to Building Department for review and approval shall clearly indicate Fire Sprinklers shall be installed and shop drawings shall be approved by the Fire Department prior to installation. Reviewed by: � �,-- Date: � � � � � Project Comments Date: To: From: August 30, 2012 d Engineering Division (650) 558-7230 ❑ Fire Division (650) 558-7600 ❑ Building Division (650) 558-7260 ❑ Parks Division . (650) 558-7334 Planning Staff ❑ Stormwater Division (650) 342-3727 ❑ City Attorney (65b) 558-7204 Subject: Request for Conditional Use Permit for accessory living quarters and bathroom in an existing accessory structure at 2301 Easton Drive, zoned R-1, APN: 027-154-070 Staff Review: September 4, 2012 1. Storm drainage shall be designed to drain towards the street frontage or to the City storm drain system. 2. Replace all displaced/damaged sidewalk, driveway, curb and gutter. 3. Sewer backwater protection certification is required. Contact Public Works — Engineering Division at (650) 558-7230 for additional information. Reviewed by: V V Date: 9/24/2012 �}�� � _.� E -; � . _ � FO]� + �I�TJE 3841 24th Street, #A San Francisco, Calif. 94114 P + ais).819.0304 12098 Hwy. 42 Ellison Bay, Wisco. 54210 E + tim@formonedesign.com �'IE�ANSIv��'�C�'A]L ]EO]E�Il� To: Erika. - Planning Subject: 2301 Easton Drive (CUP) Fax: R e ce,'�e d. � -F-�►' . PC wl.u.-�-� n 1 u. z z. � 2_ �- ,, d a I� �( . 230� Ea.s-b� � CO�l1MUNICf3 TIO.'V RECEI YED AF"lER PREP,4RATION OF ST,�FF REPORT From: Tim Raduenz Date Sent: 10_22 12 Number of Pages 1 Subiect: Requestinq a continuance for revisions do to redesiqn 8� response to neiqhbors letter of obiection I would like to ask for a continuance to the next scheduled meeting, I will be sending revised drawings including two new bedrooms, one new bath on the second floor, as submitted originally, I will also revise the exterior elevation to remove the 2"d floor windows looking down into the neighbors yard, which was noted in the letter from the neighbor, we will also add a green screen to that wall to try and soften the garage wall itself. I will be submitting revised drawings tomorrow 10-23-12 for your review. Thanks, Tim Raduenz Tim Raduenz — cGBP _ � `� `�, �a� 4„� � 4� . • � , ._ . 4 � ct'� .-.__ ii,. �- ,,n; r� `, �� ,� _ , Lt`� �,� � , � �-; ti-•5 -i . � Build It GREENTM MEMBER FORM + ONE • Design & Planning • 3841 24�' Street, #A • San Francisco • CA • 94114 • a�s) 819.0304 • tim@formonedesign.com David and Meredith Thacker 2223 Easton Drive • Burlingame, CA 94010 • Phone: 650-558-8469 E-Mail: thackerd@yahoo.com and meredith_tomlin@yahoo.com September 6, 2012 Dear Burlingame Planning Commission: Last week we were asked by our neighbors at 2301 Easton Drive to write a letter in support of them turning the upstairs of their garage into a 2-bedroom apartment. We want to be clear that we are not in favor of this change. We believe that this change would not only negatively impact our property value but that it would also impede on our privacy. We understand that the work on the garage was started without a permit and that the two-story garage itself was built to have storage on top, but not a functioning space. That said, the garage that is there now had a large open game/bonus room on top of it since we moved in 2 years ago. It was built in the mid 197os (not more than 5 feet from the side of our home) with windows that look onto our backyard and can see into our upstairs bedrooms (which were added in the 1940s). We understood that a rarely used bonus room was there when we purchased our home. That was one thing, but having a standalone 2- bedroom apartment there is completely different in terms of impact to our property value and privacy. We invite you to come visit our home at your convenience and see the garage in question. Sincerely, , , �v � ��� ���� �������� � �w� David and Meredith Thacker .t �4 1. ..., �' . - ... i . . .. . September 6, 2012 Burlingame Planning Commission Re: 2301 Easton Drive Dear Planning Commission: I am writing to voice my concern about a garage conversion that is taking place at the above-mentioned address. I am a designer currently working with the family that lives next door to the property at 2223 Easton Drive. I have been working with the family on re- designing the upstairs of their home. One of the issues that we have been dealing with is the proximity of the 2 story garage to my client's house. The garage is so close to their house that you literally can look into the windows of the garage. My clients are concerned because they have 2 young daughters that will be sleeping in the affected rooms. Our plan has been to remove windows on the side of the house so that they no longer have to deal with the invasion of privacy, but that takes away from one of the cu#est rooms of the house which has wrap around windows on 2 sides of the room that the family would truly like to maintain. Now that this garage has come into question, I think it would be in the best interest of my client that the garage be returned #o a single story so that the view from their house is no longer obstructed and the property vaiue of the home is returned to its original state. Thank you, p , � � ��� ����� 1ie Carlson JCarlson Architectural Design ,._.. �:`. _ _ �� .,_ .� -_ ..t� . N 9/17/2012 �or,�o n�ma.� J Burlingame City Council 85� Burlingame Avenue Burlingame, CA 94010 ... � m �City Council �• �C�,piease respond �City Manager ❑ City Attoruey �7 No Response Required 0 Dir. Fina�ice �ity Planner ❑ Dir. Public Works ❑ Human Resources ❑ Police Chief ❑ Fire Cliief ❑ On Next Agenda ❑ Parks & Rec ❑ Librarian PLEASE SEND A CQPY OF YOUR RESPONSE TO THE CITY CLERK This letter is written in regards' to the house at 2301 Easton Dr. ���..... ��.� �� 5�,�� � 1 2Q1� �:.t i •� �' ��K'S O��iC� ^v ;�� c�: IF?6 tNf;.C�M�` i.E3 _ � The problem is with the height of the garage and its window that faces East. I was informed by the owner builder "Bud Terry" that the city would not let him build the second story to living height because of density restrictions on the lot. Not soon after the structure was inspected the sides were raised eight feet and a large window was put on the Southern side. Bud promised two of the subsequent property owners that he would opaque the windows, but it was never done, The neighbor the lives between us has no backyard privacy and I don" have that much. I wonder about the tree oh tank house that was built in the last ten years is legal. He had a run in with the city of Hillsborough about building too far into the rear creek. Bud was a licensed contractor and lrnew better. I"ve heard that there were some letters that had no objections to the garage. I'm sure those people do not live to the East of the garage or are even on the same side of the street. �� F. Roy Ludwell 2217 Easton Drive Burlingame, CA 94010 CQMMUNICATION RECEIVED AFTER PREPARATICN OF SPAFF REPORT November 11, 2012 David and Meredith Thacker 2228 Easton Drive • Burlingame, CA 94010 � Phone: 650-56S-S46s E-Mail: thackerd@yahoo.com and meredith_tomlin@yahoo.com Dear Burlingame Planning Commission: We are writing in response to the updated plans submitted for the accessory structure at 2301 Easton Drive. Although the plans attempt to minimize the privacy impact on our property, we are still not in favor of the change to a two bedroom living unit. Our concerns are still regarding privacy and reduction in our property value as described in our initial letter dated September 6, 2012. Additionally, we are concerned about the noise impact as the gated entrance to the unit is along our property line and since the garage was originally built without the appropriate first or second story setbacks, the walkway to this entrance and the unit itself is extremely close to our home. And we understand that it is not the current owners intention to rent out the unit, but we are concerned with the enforcement going forward should any future owners rent it out. In looking at the letters of support for the project, we would like to clarify two things. First, none of the s letters in support come from a neighbor who is directly impacted by the accessory structure. Second, we are in favor of family moving back in with a loved one. It is wonderful that Mae's daughter with her two adult sons sold their four bedroom home in Burlingazne to move into Mae's four bedroom home. That is the essence of Burlingame, but consistently seeking variances for an accessory structure that negatively unpacts other properties and not following city permitting codes isn't the essence of Burlingame. Again we invite you to come visit our property at your convenience to see the impact of this accessory structure. T k you f our consideration, � ��'�°-�'�-- David and Meredith Thacker .�}C � �<� �Z_ � o.� �2 '+�� David and Meredith Thacker 2223 Easton Drive • Burlingame, CA 9401U • Phone: 650-558-8469 E-Mail: thackerd@yahoo.com and meredith 3tomlin@yahoo.com �� ._._ , _ - December 6, 2012 Dear Burlingame Planning Commission: __ �. i ;� �''". G; 0: . _ ,-._,...-,'',i:-;� L_._ r r:l .II(.41���..i%� �li�'.i. ;_.-� _.., When buying our home at 2228 Easton Drive, we fell in love with the private nature of the home setting. It was the ideal location in terms of neighborhood and setting to raise our young children. Both houses on either side of us were staggered allowing each house to have privacy from the other. So we were extremely concerned to learn of the plans of the owners of 2301 Easton Drive to turn the upstairs of their garage into a permanent two-bedroom apartment. In our last letter, we expressed concerns that this plan will negatively impact both our privacy and home property value. Additionally, we feel that the proximity of these living quarters to our home would bring noise not only from the entrance to their unit being along our property line but also from their unit being so close to our bedroom windows. Finally, we have concerns that a future homeowner might illegally rent out the apartment. The accessory structure is in extremely close proximity to the side of our home - built in 1926 and is situated today as it was then. The distance from our first floor exterior wall to the first floor of the accessory structure is only 9 feet and the distance from our second floor exterior wall to the second floor of the accessory structure is a mere 7 feet. We are in favor of them bringing their property more in line with city code by removing all windows facing our home from the accessory structure and by putting up a green screen to soften the negative visual impact. In addition, we are in favor of removing the unpermitted tree house on the back of their property. However, we are NOT in favor of the city granting them a Conditional Use Permit to turn the accessory structure into living quarters. We invite you to come visit our home at your convenience and see the garage in question. � � PI�S �- 5� e a-li-c�c i�c{ hr�fi��, �_ '���✓' �' ficti l� �ti -�� J z�-► Sincerely, � 2223 E�.,-t�,-� i David and Meredith Thacker COMMUNICATION RECEIYED dFTER PREP,4RlTION OF ST.�FF REPpRT � - �, _•-- � � ..� - _ 4�-��� . ,�Lti` _. 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T R�`% � � �s 6 ' r Y-�... �� S•E. � _ •. _ _.F t�. « :• • F�s' � ' p� � yJ : / �!� - a;�.E ,� _. . . � •i as - � �_ :. :,s: „ .. - '. a..:. �-=�� �s a F �a �j,���l��;�� , a.Q..sS C� �� 1� �! �S A ��• �� r �F. Y i = RCt .a,.r � Y'. , CD/PLG-Lewit, Erika From: John Quilici <jsqelnv@gmail.com> Sent: Thursday, December 06, 2012 10:22 PM To: CD/PLG-Lewit, Erika Subject: garage conversion at 2301 Easton Drive Dear Burlingame Planning Commission, This letter is to express our support for David and Meredith Thacker [residence between ther2223 Easton Drive]. They are concerned about the proposed conversion of a second story on next door neighbor's [residence 2301 Easton] garage to a two bedroom apartment.This would destroy their privacy. There would be a mere 7feet between their bedroom and the proposed apartment. We wonder why this second story was initially approved?We are also concerned about properties with multiple living quarters in our residential neighborhood. Sincerely, John and Helene Quilici � :. -�, �_.. - - , . ��='�`- �� , , a ;_� . . �� ��� Cpb�MUNICATION RECEI VED ,�FTER PREPARATIaN OF STAFF REPORT �� - iv 1Z `�'�. � ��''��nr, �J 12/10/12 C0�'�1MUN1 CATION RECEI VED AFTER PREPARATION Dear Planning Commission: OF STAFF REPORT I would like to voice my concern about the CUP permit that is being considered for 2301 Easton Drive. As a design professional and also a person who remodeled my own home, I can iell you that great pains are taken by me as well as my clients to try to m�imize size and still be within the Burlingame Building Regulations. When I hear about situations like this it is very frustrating to me. All residents of Burlingame must go through the same processes when making changes ta a property and I can only assume most of them go through the proper channels, follow the rules and regulations and get the required permits. I can't understand why this family gets a pass that other families do not. In 1975 they built their house within the front set back and added an unpermitted 2 story garage. Sometime after 1975 they built, not just a tree house, but essentially a family room which accommodates full sized furniture and has electricity. 12/11 they were informed by the city that they could not add a second unit to the second story of the structure in question. 6/12 they start construction without permits. As the saying goes, "it's easier to ask for forgiveness than permission", which appears to be the strategy this family had taken in the past and it has worked for them. They managed to build an illegal accessory building that didn't meet the regulations at the time it was built or now. Now they are requesting a special permit that will, for all intents and purposes, be used as an apartment for 2 grown grandsons. It is my understanding that the father was a contractor and the son is a successful Burlingame Realtor and given their professions neither can claim ignorance of the rules and regulations Burlingame has for these types of projects. If they want to have a secondary living unit, they should be required to follow the same rules set out for every other Burlingame Resident who would like to add a second unit to accommodate their families. They can return the garage to a singe story and build a new structure. Given the history and actions by the family, I do not believe their behavior should be rewarded with a conditional use permit. Sincerely, Julie Carlson .._ - = � �� �� _;. � . ., � ; : , , _ ,. .,; �:'. , .. _., �.,,.__;°,?�� _: C _ :. ,._� .. � � •. . ,- . � Dear Planning Commission, My name is Bari Howard, I reside at 2307 Easton Drive (next door on the uphill side of 2301) and I wanted to send a note of support to the Terry's in their quest to obtain a Conditional Use Permit for the proposed bedrooms in the loft above their garage. It is my understanding that they will be using the space to provide bedrooms for Fami!y members who have moved in after Bud passed away. I laud the nature of Family returning to the nest; it provides comfort for all and is the essence of what Burlingame is all about. Please feel free to contact me anytime. 5incerely, l G�-�w� Bari Howard (650)-343-2295 2307 Easton Drive Burlingame, CA 94010 �� j k .. `t.,.;� ,� e �. . ..�€� C� � ;1 , _. � .., r j' ��' - � r.-: :� � - � i �,,, � � � n . c ; � . . .. , _ .. . . �_ .. . -,. . I --- Ms. Erika Lewit City of Burlingame, Community Development Department Dear Ms. Lewit, I am a homeowner on Easton Drive and as such have received postcard notification soliciting comment regarding plans affecting 2301 Easton Drive. Here goes... First off, this is a great neighborhood with many long time residents as well as newer home owners to Burlingame. For ten years, I have lived here and enjoyed a casual and comfortable relationship with all of my neighbors. Yet I do not believe that "tenure" in a neighborhood should affect planning decisions in awarding variances to established Burlingame building codes. It is my understanding that this is precisely the case under consideration in regards to the garage structure at 2301 Easton drive. The records indicate that the space above the garage was never properly permitted oh so many years ago and now the build out (not up) request would make it a permanent residential structure for family or later, for rental use. I do not believe the character of the neighborhood would be hanned by family use of the proposed build out, but I certainly believe that future rental use is not in keeping with the neighborhood character and would negatively impact adjacent property values. This is a neighborhood of single family homes, not multi-family dwellings and there is no practical means of insuring the future use of this space and property values other than to deny the permit request. Tha.nk you for hearing me out. ���CI�GD MAY-62013 Sincerely, Libby Longinotti CITY OF BURLINGAME CDD-PLANNING DIV. 2133 Easton Drive � ��� s-���7� 6 {�� ����'���'' �� �y�"G' ry���� �%l ��`� � �� � ' �i�7" ' �� � � U� 1�7� � � o %%� � �� ��C y�� b� �b0 � O�� y�� � , - �pyy r G�!��' y �� `�,�� /� � �' " ( j '�'�` / '��, '� �� . ��7J�� �IJ' � � � � � - `� j' " „ G � �� . � . � �� �� �� � � ��'"'� �'�(� � �-�r��fi�� �� -, �' ��r--� � , � � , �� � �— �, ''�<��� G ��„�v � " �"���-�� ���-� � � � --.�';,� ��7 � � C�� ���'� � r� � � '�.--���`� �'�� '?��''�-;� , / i � � '� ; /�� V �/ / r-�/,.�v rx ` J! 1�� �/ Y J ��� ` Y ` �- , U � �/L" ' ���, r ��'�r� ����� ('� /''-�'/� � . � � ��, G � '��y^� i� . � y� � / _-�/� �v' EL�� /�7 �'?? i _ ��' � . `�s' ' C�� L , ,,��j� �r, -,� -� ' �� -��, ,�'Y� y '/ A : �� , 4 ?� �l �� `" �- � .�VI -���� --��, � �i���%�'�'' ',v� '�' � / � �, ��s�a�-/ "��'1'7Z�' , 'Yt{�!'l.cY%� ( `/ ,� � � �(/' � F a t// � ,��- �� r 6 / ��''� CT7��' ""� � � � � , `���� � ��?��'�'G ;%� ��� , r , L N � GJ � O � � � � Q � n �,�cQrn o-� �m`�y\ � � O ^ � � N � � � ►v D �•��� (D -�N� October 22, 2012 Dear Planning Commission, COMMUNICATION RECClY�V AFTER PRE'PARATIOlY OF STAFF REPORT I am writing this letter in regards to the side building located at 2301 Easton Dr. owned by the Terry family. It is my understanding the unit is being reconfigured into 2 bedrooms with a bath and no kitchen. It will be used by the 2 grandsons now residing in the main house on Easton Dr. I have no objection to this arrangement as long as the unit will not be used as a rent able apartment, and remains a place for family members to share. Thank you for your consideration on this matter.. Sincerely, - � / �ti �.� ���.c__ �� � � C�_� Janice Veach 2214 Easton Dr. Burlingame, CA ��� � N 0 � O � � ] � — O V �� � � � � W � �� � Q O U N � , r: �, , � �.!� ----- .-1 � Q Burlingame Planning Commission From: Richard and Diana Garibaldi 2308 Easton Drive Burlingame, CA 94010 `'J W T > , T L, �n` T � � W T Qa��o c .,_, � � �+� c� >�`�w � � � C r a�i U � � �n-QN Re: Mae Terry's Home Improvement @ 2301 Easton Drive, Burlingame, CA 94010 We have known the Terry Family for the 40 years that we have lived on Easton Drive. They purchased their property shortly after we did. They improved the property and constructed a new garage at the back of the property. The original home was updated and remolded and reconstructed bathrooms and kitchen were added. The finish project resulted in a beautiful home that sits well on the property and has curb side ap�eal to it. Tllrough the years the family have maintained the property to the finest levels.....now with the passing of Mr. Terry....Mrs. Mae Terry has her daughter and grandsons (adults) living with her. She along with the family would like to remodel the area above the large garage into units for her two grandsons....we approve of this improvement. We have seen in the past the fine quality of work that they have done and will continue with tlus project also... Thank you for your time to read this approval for the Family Terry's improvement project. . . S1I1 ely, .� `�' '� ✓� ' ��. , �:-rC� Richard Garibaldi �-� � Diana Garibaldi ��/�C/�� N T T �� W _ .- f a. � t7 J , . � � . .. ..=�.i . -m CONIMUNICATION RECEIVED AFTER PREPARATION OF STAFF REPORT Saz ,�,-, � � -=� 2 /� C� � �. � �.� G�,/�� � , � I7 COMMUNICATION RECEIYED ��' AFfER PREPAR4TION ��,��,�,u�''4� i D� �- � � ;L� 4F ST.4FF REPORT ,:�, .. .. � - k��6..�i � � � �„ � � � J � ,. `�-rr�lYGG �'--c�--' u r i_ � i' % �l'I/1?-(iYt � _ . . , ��CG'�LL�✓�����t'�� _: jT`� � , �- ��'. � � _.� � ._ ,-.� .. _ ..� �..i'_ i�,!; ii;; _. ..:��'.. � --� ��; 2 3 � I ���� ��.�--=�, �-�--�- � � , ��� �-��� 7�- �.�-�y�� � r� , �� � ��--- /���;s.��� , � .����� ,. � d ; � a� _ d��� �- -. ��-`�"� , , � -� � . � c ,� ��'-� � � �� � ..��� ��� �=a-� ° � ��"� 9 � ' �; i , L� l fl i %i' ' � O ( Gi� `�Gt.��/ �� �� ��-��� � ,`�Y`.e" v , �' ,�.����-�'�--� �i�� �,�-� � t-�u� �� ,� ` �,�. , � ' �.es�� � � �� ti����� � � ,��,�� :�— c�./�-��- � . �� �, �' u `� �� ��,�,� 6 `� "�" - � `� �" ` J � i�Z���✓ � �tG��/� r��,��..,�� . � /`��Z �'� `�� S J t�. > . � ,�y,�� �'�,�- ---��=t-� �- �.� �� � , , .�'� �.�_ :�s . � � �-�-eP �-- . �� ���` � .�� � � o , �� ��� �� .. ��% �-�.�� . - ? ����-� �� _ s���� b � 't'; �n iAw�ra-� � 1 .� -`�`� , �� �- , i , ;- , n, I _ . _ , �` ",, f . 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U ` � �' � � � J,, � w��-. � ,�' _ ��" � �����v'�-� �� y �� ��,� � �� + ���� � � � y r� 2�'=� � �,�� ��-'� , 3 ,�'�� �/� / V u// `/ , � L �� �� '_G��n� � � ! ) Y^� �iv� ��' �� ( —,a.�� ��� � _ � � . ���� , v . . , , �c� � � , �° � � � � � � � ��-� --��� . � - � � .�� � � � � �---. �.i �z � , . ,��� '���� � �� ���� C �_ .�� � ��� From: timCc�formonedesign.com [mailto:tim@formonedesign.com] Sent: Monday, December 10, 2012 10:43 AM To: CD/PLG-Lewit, Erika Cc: mhudakCa�carr-mcclellan.com; Greg Terry Subject: RE: 2301 Easton additional documents Hi Erika: This is the designers response to John & Helene Quilici concerns. COMMUNICATION RECEIYEI ,ilF�'ER PREPARAT�ON OF ST�FF REPDRT I would like to state that this is not an apartment, also the privacy issue is two sided as 2223 Easton is actually in the setback an� within the daylight plane (I do understand 2223 Easton is an older home), and looks down in 2301 Easton's property as shown in the photos supplied in the attached e-mail. Also the Terry's have agreed to remove the (E) tree house as shown in the photos. We have removed the windows at the second floor and have made suggestions to add a landscaping feature to soften the lines, and I believe we are doing all we can to help defuse the objection to the existing structure that was permitted many years ago. Tha n ks, Tim Raduenz Tim Raduenz - CGBP Form+One 3841 24th Street, #A San Francisco, CA 94114 O + 415.819.0304 � Bufld It GREEN- MEMBER �\ ! ' � _. ..,� � �� �-:-� ,.+ . y .,... , �i'� �'.._ ___` - _. _ ' : � v.,. l, � � ---��._-_.: _.� _ � _ -� � ,y `'=� ' � •.� i "' [�. -� . a. SPEC'LAL PER��SjT �'OR FiGBBY ROOM �T.rd GARAGE AT 121 BANCPOFT ROAD �F�I� 029-283-09C� j 70D�'D R-1 BY RCBER'�' J._ FERRAND,_ -- C?�azrr;,�.n �i:ink requ�sted repor� fzcn P.ssistant City Planner Yost oi� �.his 2.�pliCd�l0:1. Tne Assisi.�nt Ci�y Planner stated Robert Ferrarcfi, who is the sor. of ihe properzy owner, proposes to build a hobby roorn 12 ` �; 1_6` a� the back oi the garage. The floor of the room �ril)_ �e ra�.sed 4`7" �to ailaw the par.kin� a£ a boa�, underneaLh. Separate outside st�.irs ���zll be provided �or Lhe new room. �=e s�ated that in staff cpinio.:�. �he propesal confox�n;ed to cade. He intzoduced I�•Zr. Ferrand. �^riere ��as a�o response to the Chair's request far audience co <<ent anc? rhe p�:b�.i� he�ri.r_g wa� declared c�.osed. In response to Coru�r�ission que �t�:.c,ns, Mr. Ferranci justified 'nis need to.r this additicn }�y st�ting h� has a rare racing sloop G,�hic:� is �racri�,e and must s�e prct.ec�.ed, a��d it is dxFficult to rind space to store �aats. H� vaen�_ on to descrix�e the bo�� and its craftsmanship, ue cieser.ib�d �the everall heic;ht of the addition as 1�`6" and the peaked roof is 1' - 2` higher than. the ex3sting gara�e. His pare��.�s` car ��c�u1� k>e s�:ored in �khe g�r�g� proper, I� was est.�blished tlzat tl�i.� addi.'�ion meets Lhe rAqu?rements for 1ot coveragc. Co:��tissiGi��r Jacobs mo�Tec� the P�anning Com�-niss�_on grant this special �e�-rti � acccrding ta the plans su�r:�itted . Com.m3_ssioner Sine s�canded th� m�tion. an� i.t carr�ed on ur_�ni:�lous roll ca13 vote. Chai�an �Iir:l; info�med the �.p��licant this permit N�ould become effective April 8, 1975 if not �.npe�.led � �,: �� 5.1 VE��1�iIvCE �'ROi�I �'RO�TT SETBI:CK R��U�Rr,nyNTS IN P�-1 DI�'I'RIC1 AT --�� 2301 ���3mo�� ��:zj�� (�.��� 027--i54-070) BY cx��?.�,5 �rE�:P.X C3�airr;�an Mi.n': reques�ed recie�v o� this agplication frorn Assistan� City �'ianner Yost. � ��he 7-�ssistant C�ty P1ann�r reported that in February, I.974 h�ir. lerr-y applied fo� a builciing pe�-mit for an ac]dition to h�s house. Pl�a�s vaere ci�ecxFd a.nc ap�l-ovec7 by the Building Departnient, anci a peYmit iss�_�ed � Si�e in��ecta_on �OO;i �lace J�nu�ry 15, 1975; a�urthet inspEction was made grior ;�o pouring oi conerete. The building addition �:a ��r�r:�ec� �;�� 3_s nc��tiT at roo� _le?re� . 4�. r4arch 13� the Cnief Builc�ing Ir,spector noticec; �there ti�as an e.nc�:oac:�rnent i��to the i_ont setback. This was later veri�i�� by measurement,��rd � 52' encroacnm�ent was confirmea. [�.ssisLar>t City ?iar��er Yos� �cznted ou�. there were errors i.n the si�c� plar� submi�:�te� by �he applica: t to t:h.e Building Departments � 1.ir�e on tl�e drawing �a):en f�v the �uild��7g Departne�7t to be the praperty lir.e was ,��c�bab�y a side�tiT�.lk li��e. Tne al.lcged 16' iron�c seLback was mea.sur��� �r��m,: �iis line r_�.the_ tt�an frcn� the � roperty li_ne. A1.so, the set�ac?� ��,ras i��t :r,e�surn:? �t s? �ht ar:ries to t�le str�et or_� prcperty line a ��e r-�o�.ed �h.at �?r. T�rr_y is ��..icez7seci c�i�tr�c�coi, and questioned if he �lzo��ld no�. 7�avr-: �enn more knoc�r�ec�ge�ble af setb�c}: lin�s. The Assis�ant �it�,.r Pl.an,�er a^knc���ledc��:d ��r, Terr1-`s ;-rzit�er, r_c�ntention. r.l�at ��ston. ::r'�ri.:�e �isects ris r>,-o1�er4�1 at ��5 ne:g_-ee a>>�1 e, ar.d r_epori�e�' t�hat t:�e c Vc'i"c:``;e S:'.j�;;�?C� �0:� �}.115 vJs 't'T1GaE .)..:`t:. 1S �•�e1�. va�.t��.�.n requirem�nts. �S.�"-�l.S�:1i'?i, �.'�_Z.�' �i.c:Yl?1�]' YCS'i_ 'G17Ei1 Y.'C-'VI.�G�TE'.U' �:�1^ fULZ�' YE?C1U5.1�Ii1E,'?7L`'S r�Ji �?"<::i�YI"1C� O:� � t'clX'1_ca'!C`i�... �I7�< '.�U�'S�C10I1c�C� 51J:�C1�1Cd�l�r 1� l}11S �i"��ii.Cu�70I"y - 5 - meets; 1. Extraordinary ci_rcurr�stances applic�ble to property invol-�ed - he noted other properties are bisec�ed at an acute angle by Eas;�on Driv2; 2. Protection of prapert� right of owner - he questioned if a setback encroachment were necessary with a l�L three times lar_ger than the City average, and stated that an error by City staff is not sufficient justifa..cation_to grant a variance. He reported that in the opini�n of the C.ity Planner construction should be stopped until a deterninat?on is made in this case. � �. Chairman Mink requested audience comment, stating tha'c Mr. Terry wauld make his presentation subsequent to public remarks. PauZ Hesse, 23d7 E�s'�on Drive; Ray Ludwell, 22I.7 Easton Drive; and Mrs. Evans, 2215 Easton Drive, approved Mr. Terry's proj�ct and considered it wouZd upgrade the neighborhood. Mr. Leo �:riloff, 231_5 Eastan Drive, o}�posed the grai.ti_ng of ini s vari�nce � He stated he himself is a lic�nsed general cdr.trac�ar, and t-��i�.� NIr. Terry was doing an excellent �o�, ne �id not see how a man of his calibre could ha�e made a mistake w�th t�:e groZ�.erty lineo He ccnsidered th�.s 5 2' encroachmer.� is magnirieca by the foct tna.� Eas�an Drive i� at an angle to the prc�perty, and stated he di�l not understand ho�� the B�iic�iz�� I�epartment could have made so Iarge an error. He considere�3 �he ardi�2nce should be enforced, since there was noz sufsicier�t cor�dition �or a variancer and that the Buildi�g Department had imposed c-n Iylr. Terry. Secretary Jacobs read letter of 3/23./7S �rom i�ir. and Mrs. Richard Garibalda., 2308 Easton Drive� �%hi_ch spQke i n favor c� the improvements Mr. Terry was making. Chairman l��ir_k invited Mr. Terry �:o speak, b2r. Terry presented for Commis�ion zrispection bui?ding permi�. applications da�cd 2/12/74 and 6/12/74 fcr swzm.mii�g pool, samily room, g�arage, and kit�hen a�c�iticns; also photographs of other pro�crties cn Easton Drive wlzich exceed the setback 1ine. He tfl ld Commissi�ners his intention z�ad been to comply fully with the code. Plan check; �nd }�u? z ding per�ii�s Y?ad been received � he had calie� for inspections at the proper time and had receivec� uTri�te ; authority; and he felt he had praceeded with t�e fulZ approval oy �he Building Department� He stated i� was not his intention to find rault, but this addressed the problem �.t hand. He stzt.ed he had r�lied on }?�� draftsman who drew the plans and the 13uilding Departmeizt that a�prov�� �Lhem. Since his work had been mostly ���.ith interior r�modc-Iing, he �ad had little experience with establishm�nt o� property lines. He stat�d his request fer variance had been caused by Eastcn Drive �anich z�isect� his property at an �ng1e of -^�5 degrees. _u_e state� it is necessar�� to pl�ce :�uilc7ings parallel to the side property iines, He considered ti-ie property line was an exceptional circun�s*�ancer an� that Easton �rive vras one of i�he exceptianai stree�.s in thz �ity. �ie teJ_t the granting of nis variance would not be detrimental �o pablic riea.ltn anc3 wel�ar�. Commissioner �acobs questioned why th�_s �aas being considered wii�hout � stud� r,ieeting s�.nce, it was no� a znin��r permit. Tne Assistant Cic�% Pl�nr�e�_ Y'epZiec� that upon ai� urger.t �-equest by P•�r. ^1err�T, Con�miss�oner 5iizc, whc� be�.ieved he would be acti77g Chaarmar. o� �he Commission� had be�n �;��roUc�c•c:n a:�c h� d�qreea tha� this could be consic�ered u� tl-�is meeting. Prnp`r no�ices h�d been rnail.ed. Chaii-r;t�n :•��_nk reque�ted co.�<nen� �3:nm CnZe� B:iilc�:�.ng Ins1��ctar Ca1;a��I, � :•aho st�.ted �hat the p'ans submitted to �ci�e Bu.ilding Department s�a.pu�ated I6' set''raack, and it ��=as assumed th? s caas fro:�l the pro�ertlT Iine. He did ro�t understan.d how nis irzsgector had okayed the iounda�ci�n but considered that since he was a ne�a man he had interpreted the setbacks as parallel to the presumed properLy line which �,�ould have gi_ven 16`. The Cnief Building Inspector though� both parties had miscalculated, and suggested consideration of tri� City Planner's idea of cutting o�f one corner oi the pr_oposed kitchen.. This would corrEct the setbacK. Chairman t�`�ink quesiioned if to his knaw].edge corsstruction was i.n canzormance with th�� plans. Ti�e Chief Building Inspector replied that plans had not Y:een iollowed in the r.ear garage, which h�d been plar_ned as one story, buL now exists as ane st�ry and a storage area above. t� stated t'r�is is not a code ��ic�latinn as far as height is c�ncerned e �?e added his irspector had noted th.zs change from plan, but the man dic not rec«11 i� he lzad as?�ed P•2r� Terry to come to the �uil.ding Depa�_ �ment co chang� �h.c- pla:�s submitted. The Chief Buildirsr inspector .�el�. ti�-+e gar�.ge presented nc� cod� violation� noting the garage c�u1d be bui�t on �'�e property line in tYie rear 3G% o� t?�e lot with a or_e�hour ���al� o It =rtas establi. shecl there ;a�as no plumbing in the garage stor�ge area, and th` Chief B�� lc3ing I�spector confirmed tr,a� th�re was ro �Yritten r�cord f?�om his inspector. Mr, Terry stated that an inspector �ad visi�ed the site upan his inv; tatioiz to irs�ect the .framing of the g�.ra�e sir�ce ne did not want to exceed �ne height limit. H� wanted to nake a char_ce ir_ the plans, raisir.g the rooi a feT,a fEe� to allow for nzore he�d ro�m in the s�c,age area. The ir.spector hac3 assured him he �•�Gs no-t vi��atir_g the he�i ght 3irni �, but had r,o� in�i �ed h�m to t�:e Building De�artm�n � t� c7Zange the �lans there. Dsr. Terry reaff? i-med the garage was no� �or I.iving quar�.ers and that the �atnr�am downstairs is for the swimrnin� pool. The garage has a room for pool equipment and a dressing ror�m for chang?ng pur_pases. Cizairman DZinl� q�uestior�ed the Assistan� City Planner if the use of thi� section o� thz ga�aga �n conjunction �,�ith �he pool �h�as appropriate. He was assured that it was. Upen a question from Commissioner Francar�, N:r. - Terry confirmed tha.t the old gurage �vauld be remaved . Thzre followed discussion of the actual 'neight of �he roof ridge o= tne gar�ge_ CQrm-nisszon�r Sine statea he had arriv�d at th� praperty tne Saturc3ay prececing �or an ir.spection of t:�e garage, and althaugh t�ze house was occupied, no one had 1et him in. He cor_sidered he did not h�.ve ac;equa�e ii�iormati�n and �ugge�ted tnis be conf�inued to the nQxt ,neeting. _ Iie comment�c3 -t.l-ia�: at the time he agreed to have th�s on the agenda he Vras assured iL �rould be a �-outin� item, and he had not realized it w�uld be controver_sial. �k�a.irmari Nli�zk agreed th.is i�em should �z continued fox- pro�er actior., �nd questianed what addztio:z�l information was ne�eded. The I�ssistai:L Cit�� Planner said that a va?-iance would be rec�uired ior the garar�. �. He stai�ed a�etached raraae locatec� wythin i:Yie r�ar 3�J% a� #:he ro� m�1r �e ;'�ui1t 4a zh� rear ar s�.d� 1�4 lines. Bizt �his garage is not cr_ t�he rea�� �hird. R s9_ng7.e s�.ory gara�.�e an its position requires a side ,etba �k of �` f and � ga-rag�� such a;:, tni s of m��� e t?-�an one s�c�ry = ecxui.rc-s z< si�n setback oi 6`. Th�z-e is a J..' s� c�e yard ericraacY�����er�t < -�- Chairman Mink pointed out that the issue no�:� before the Commissicn is a variance on the main structure, and again ques�ioned what adciitiona? information was needed. Commissioner Taylor questioned the fact that Mr. Terry relied on a draftsman as an authority in drawing his plans, and wanted discu�sion �� alternatives. Commissioner Jacobs agreed and also wanted discussion of cost of changing the s�ructure to meet code. Commissioner Kir.dig desired additional information on the front setback, ai�d Commissioner Sine considered the applicant should provide floor plans that cornply with the code, C`hainnan Mink pointed out �.hat the �ub� ect before the Commission was a vari�nce, not a discussion os alternatives. At this point thz public hearing was declared clased. � Comrnissioner Sire moved ihat thc variance be denied. Commissioner 'l�ay�,o= seconded the motione Chairman T✓ink requesLect �hat motion be c�uched in the a�iirmative, �fter sorne discussior., �o�r�missioners S�ne Gnd Taylor withdrew tl-�eir motion anc3 second. Commissioner Jacobs moved that this appiication be cont�nued eit7�er to the study meeting in April o�� the second meeting in APril with additional ir_f�rm�t�_on. Commissioner F?=a��card seconded the motion and it carried on �he �all.owing roll cal.l vote:- AYES: CON�'IISSTONEP.S: FRANCARD,JACOBS,I�INDIG,I�TORBERG NAYE S: CO'�IMI S SIOI�TERS : SINE , TAYLOR, MINK ABSENT: CCMMISSIC�I�'�ERS: taOh'E Chairman ivIink announced this �pplication would be continued to the meeti�Zg cf April. 14. He pointed out aZl d�scLssion at this m�eting sha��l� b� or the fr�nt setback. There was some further discussion, with a q_ues�ion of when application would be made for varianc� on the garage. ?2ECES5- A sh�rt recess ti��as declared at 9:20 after whi�h the ineeting reconvened . 6. SIGN EXCEFTICN FOR 45 SF FAIIITED SIGN CN EXISTING AVTNING, ��R�D SIGN I'E�,'.�IIT FOR 1 Sr SIGN �DT SAs'� A4ti'NING, AT 1244 BR�ADWAY, BY J�'RiZ�' ROSMAN OF A'+��.'VEN I��'E CAFE . �ssist�nt City Planner Yost reported to ti�e Commission that this exception is require� for the 45 SF�sign on an existing �wnir�g because the code 1i::lits advertising on �wnings to Iettering net more than �" high. This applica�ion. is for le�ters 5' h�gh for � widtn of 5`. I.�et �ering �Yil' be cocoa on a ye � lo�J �nd whi �e striPed awning � In addition there is a 1�F fiign ��jhich corforms to code ��ar or_e side cf the aG,rning. He introauced riro Je?-rj% Rosmant whe stated ne would be glad to answer questions. There w�s n� r.�sponse to the Clza�r`s iequesi: �c,r au�ie�ce commer:t on �chi s sign o There ���as li�t3_e Con�-nissio�� c�iscus�ic�n, h�1r. Rosrnan sta���d th�t tne WRITE IT—DON'T SAY 1T TO � � � �' f �/`�57`�.c/ INTER-DEPARTMENT MEMORANDUM �� �-�� � �j A. M. DATE �g p M / � /r/,%� �� f %� � '�L `�l %%%� ��✓ ' ` � / Q, � / �, e 6t� �2 ,� � G �� i/ o f•v1 rl � -�i e � �� � s Qs �r �S �h e ,�a ��� �- ,�� �,c ert � � �-��� �, � ��� ar s���.' ' �' �� o �' Ge�/ � l��s?` q�d� �� ��� ` ��u � ��n � a � � � �p o � � :r S�occ /G� h�1v.� ��� �r.��-, ��n�Q � � ,,o -� l - � � s�lrf� ,.L �i.e�i�?'�) � �e. n � �� GL� �c,rr��� SQ�- p --t� /�q'��. � �'1� c � -���e � n � �� n `� �,e q � � Co �� �%/��q'�yo� � �� ��� s�e �� ' > � �a�o �� . 1,._�: i . j.�. � 3 .-�-��" -- - _ _� , ,__; , REPLY ON THlS SHEET - - WILMER SERVICE �J,HE A � r ;'i �-, ' � � �{ E � '" �I ��-t C.� �� . � � J ���,. � � `l �_ _ 4--�0� x ��� .� w� � �.ee L�r �_ l)-z-ti2; c�-.1 G� Z `� - _ U �� �� _. I �-,�". G�L �� /ZQ.I u,�/1-F'�.t� �'�' _� � - �� l�-� �' April 15, 1975 MEMO TO: Charles F. Schwalm, City.Manager FROM: Wayne M. Swan, City Planner SUBJECT: Variance from front setback requirements in R-1 District at 2301 Easton Drive by Charles Terry Last night the Planning Commission approved the Terry variance by a vote of 4-3.� A neighboring property owner and a gentleman livingho�7 Columbus Avenue spoke in opposition at this continued hearing. inferred the acLion of the Commission would be appealed to the City Council. In view of an imp�nding appeal I wish to provide�copies of our staff report to the.Planning Commission and letters from.neighbcrs affected by the variance.. The Planning Department was placed in an embarrassing position by exercising consistent zoning code enforcement. We, too, would like to bail out building inspection but since we`re all part of the City Hall family we need to accept errors by others. I wish it had not happened and I sincer.ely hope steps vaill be taken to see that it does not happen agai.n. The April 13 �etter from the Hesses asked, "Why didn`t the �roper city ofiicials check and double check the inspection report more closely . . .?" The-Commission requested that the staff pre�are a report about the two- story garage previously built by Mr. Terry. Building plans were submitted to�the Planr�ing Depart.ment as supportive data for the variance annlication. We found that the plans showed a one-story garage f ive feet from the property line. Mr. Terry built a two-story garage five feet from the property line o�n verbal approval frem a building inspector. A two-story building at that location should have a six foot side yard. This matter meeting. I appears r'ir. WNiS/as Attachments cc: City Attorney Cit.y Engineer will be reported to the Planning Commission at a subsequent think it has some bearing upon the variance because it Terry misrepresented facts in more than one instance. ����-� Wayne M. ����-� !i-��2� swan � April 24, 1975 MEMO TO: Wayne Swan, City Plannerr'' Planning Commission FROM: R. M. Davidson, Director of Public Works SUSJECT: Garage Construction 2301 Easton Drive �te;�: �� I�.��,� � aPR 2 ; i9i5 CIT}' C�, fiU�..:'.G�:iLM1= PLRi�Nit�� DEPT.. Attached is a staff report from Bob Hill, Building Inspector, in reference to the above construction. . Also, attached is a copy of the building inspection record, the original plans as submitted in February 1974, and the revised plans as submitted approximately April 1, 1975. I recommend this report be submitted to the Commission for consideration at their convenience. 'I'he Commission may want to consider re-evaluating the definition of a story as it appears in Code Section 25.08.600. I would be most willing to discuss this at their convenience. G�/i�G' ! oV �-�rrt��...1 R. M. Davidson RNID : bg Attachs. ' � . , ,. Apri1 24, 1975 MEMO TO: R. M. Davidson, Director of Public Works FROM: R. A. Hill, Builaing Inspector SUBJECT: Garage Construction 2301 Easton Drive -- Notes on.inspections of garage coristruction, permit U1595, at 2301 Easton Drive for Charles L. Terry. During framing inspection, owner wanted ta know if he could raise the roof 4�' from plan: This would enlarge the attic space.and since there was no access_to attic space shown on plans and no plumbing into this space, I had no reason to think the_owner:had any intention of using the space. There being no code.violation, that I could see, I informed the owner to go ahead with the work•and bring in tne change of plans. The revised plans re- ceived recently delineate the space "Attic Space Storage". � Definitions which should be considered: Zoning Code 25:08.600 Story: A story is that portion of any building included between the surface of any floor and the surface of the next floor above it, and if there be no floor above it, then the space • between such floor and the ceiling next above it. Uniform Bui:lding Code, Section 420 Story: Story is that portion o� a building included between the upper surface of any floor and the upper sur- face of the floor next above, except that the topmost story shall be that por- tion of a building included between the upper surface of the topmost £loor and the ceiling or roof above. If the finished floor level directly above a base- ment, cellar or unused underfloor space is more than 6 feet above grade as de- fined herein for more than 50 per cent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement, cellar or unused underfloor space shall be considered as a story. The above definitions do not specify attic space as a story and we have never considered attic, areas to be a second story. We do not consider the storage area use above a permitted accessory building to be a violation of 25.28.030 (3) Zoning Code which states rumpus rooms or hobby rooms shall not be constructed above or as a second story to accessory buildings. We consider height limitation of a permitted accessory building to ` be included in 25.28.070 Zoning Code which limits height to 2� stories or 30 � feet with exceptions. . � . � �� R. A. Hill RAH_bg _ +_. � .'I r' . •., . -. . . - ' . _.. � AbDITION � �]�-a'ra-� e .. '. • .- . . . • �, .. BUILDING RECORD d ., • 6LDG. TT � City oi Bvrfinyeme _ ' � PERMIT No.y��9--r� � — � DATE ISSUED 7 ���n_ . __ , . .. ... Permit ' � W Namc Charles L: Terry � � _� "° � . . . Z Mnil ,' u N�mber fce s p aadf�::���5�on D�ve ,� o�t��« �;�,,�_�rl i ngam�_T�i,.�47�Z8� W Contractor Mail . . . . W AdJreas a ' � u,fac o hlame_��t3171 � Mail � �„ Permit � � Addrets �„ No Fee $ ce ' - City TO� r Nvmber � � -- P Q' . ^- .. •'. . Q Building 15 , 0�0 Feer i 6� • JO p Valvation S p Location 2301 Easton Drive nve: � z ,f strvcrure_ � Lot - Block �.� . ?< fixtures o« . � � _ � Contractor u - �" Mail • ' � u, e.l.�.o.� _- ' � . ' . a i�o I.�l No - N r:umoing .. - . Permit No fix Fee S • � s„�a;�;s;;,�_Easton Addition �6 � • . � . - � _ . p Gas APPliance Ho. � _ 't Permit No Fix Fee S . . Q 1. . : V, Heating Permil h F � Sewer Connection ... Yes ( ) No ( ' z ' ' � Confrador . . . 4 Furnacc • � Mail x Water }icater � Address � a � � . . � J Misc . .. ' , - -. - � - .. . . . � _ . � . • •% . ' ' • , . j . . . . . � . '•�� ' .'_ . - ' ��,' � • • . ' � . j� - - . . . ----------� -- ---- — -�. -� -- -- . � i INSPECTIOP�! REC�P,D ' • � DATE I INSPECTOR I REMARKS . , -zc- %5� � � f� r ; FOUNDATION � - Q � j I FLOOR JOIST ' 22 - 7 y� �-'eiu- 4�� � • _ � FRAMING '�'ZZ-7� �"� qr '� � • � ' ROOF 5-22-7' G?a- �r�E � � PLUMBING ROUGH 7 �'� �7� n �r S �� � � ..: f - - za . . I FLUES 8 FIREPLACE � a/`%� LoC�CS- � %c�GL -/,y'e5 -/- E L/ � ' - - <' si f ELECTRIC WIRING y,x7 J� . � _ Z-7 ctr v � STUCCO 8 PLASTER SEWER � CLEP.NOUT �„ � Y.�- r� � GAS LINE TEST g-'�3" 7'� a'� T.4 ' %a y �� ^� � ' . �[` ' I ELECTRlC FIXTURES � � � � �_ { .��_ . PLUMBING FIXTURES � �� � FURNACE • i • WATER HEATER ;, • � . GAS P.ANGE ' � ' � FINAL lNSPECi1CN ' • DA7E . , . ' . . BLDG. INSPECTOR gY .. � . � � �, : � . . � .. . • . ��'_"'_^^[^i" . - . .. . . . ,.,!' fI• . . � .�•�.1' • ' •,• . �' , :. . e�,; ., ' •': �. l. : ' ` • , ,- , .' � � , ; . ,', ;;:: ` •• _` . .: , ., :., ;I ',' ' , '•. . • ",` . 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'.; \_ � � � � i � � [ � \ � � �� R � (� ��` �. 1 � ��, . - � �� � L il� � . \ . y� , RESOLUTION APPROVING CATEGORICAL EXEMPTION 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 Conditional Use Permits for a_ change in use for an existing, non-conforminq, two-story accessory structure at 2301 Easton Drive, zoned R-1, Philomena Terrv, 2301 Easton Drive, BurlinQame, CA, 94010, propertv owner, APN: 027-154-070; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on Mav 13, 2013, 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 (e), which states that construction or conversion of limited numbers of new, small facilities or structures including accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences is exempt from environmental review, is hereby approved. 2. Said Conditional Use Permits are approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Conditional Use Permits are set forth in the staff report, 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 13th dav of Mav, 2013 by the following vote: Secretary EXHIBIT "A" Conditions of approval for Categorical Exemption and Conditional Use Permits. 2301 Easton Drive Effective May 23, 2013 that the project shall be built as shown on tl�s plans submitted to the Planning Division and date stamped March 15, 2013, sheets T1.0, AB2, GPA1.0. A2.0, A2.1; 2. that the `tree house' accessory structure at the rear, left corner of the lot shall be demolished; the property owner shall be responsible for all necessary permits from the City of Burlingame, Department of Fish and Game, and the Army Corps of Engineers for any of the work that i� conducted in the creek and s�wer easements; 3. that the accessory living quarters above the detached garage shall inc!ude two bedrooms, a bathroom with a shower and a toilet, a living room and a hobby room; 4. that the accessory structure shall never include a kitchen with a permanent cooking fixture, as this�would change the use of the accessory structure to a second dwelling unit, and the accessory structure shall never be used for living purposes as a second dwelling unit; 5. that if the accessory structure is demolished, the envelope changed at a later date, or should the use in the structure change, the conditional use permit may require an amendment or may become void; 6. that the conditions of the Chief Building Official's September 4, 2012, and September 27, 2012, memos, the NPDES Coordinator's September 9, 2012, memo, the City Engineer's September 24, 2012, memo, and the Fire Marshal's, August 31, 2012, memo shall be met; 7. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 8. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; and 9. 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. . CITY OF BURLINGANIE - � COMMUNITY DEVELOPMENT DEPARTMENT,, _, BURLfNGAME 501 PRIMROSE ROAD _='�" '�'"� �`'' `" �, � BURLINGAME, CA 94010 , ����`'� „� � - � „' - : , � ; PH: (650) 558-7250 • FAX: (650) 696 3790� � - �—� f��:�__�z;:F`,: - www.burlingame.org . s �, �,�•.�� .�„p: � f���:''-��'� • �. i y • � � . ?i � � ,y '� .r •�w+:j -'�-��F"- Site: 2301 EASTON DRIVE The City of Burlingnme Planning Commission announces the following pu6lic hearing on MONDAY, DECEMBER 10, 20i2 at 7:00 P.M. in the City Hall Council Chambers, 501 Primrose Road, Burlingame, CA: Application for Conditional Use Permit to convert an existing accessory structure use from storage to accessory living quarters at 2301 EASTON DRIVE zoned R-l. APN 027-154-010 Mailed: November 30, 2012 (Please refer to other side) ��r� r, .��, � ;� �J v . ,.� � - j��,�._'.�-� Fro;,+ '`-G'�` _ T j1 /" ,T t;j ;'i;J� t:-sv_ PUBLIC WEARING NOTICE Cit�r of Burlinc�am_e 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 ta 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 HEARIPIG NOTICE (Please refer to other side) . CITY OF BURLINGAME � COMMUNITY DEVELOPMENT DEPARTMENT BURLINGAME 501 PRIN1ROSE ROAD �4' BURLINGF;ME, CA 94010 d'��"?��j `� . PH: (650) 558-7250 � FAX: (650) 696-3790 - www.burlingame.org Site: 23A1 EASTON DRIVE The City o€ Burlingame Planning Commission announces the �'U�LIC F°I�ARING following puhlic hearing on MONDAY, APRIL 8, 2013 at �QT1�:E 7:00 P.M. in the City Hall Council Chambers, 501 Primrose Road, Burlingame, CA: Resubmittal of project that was Denied Without Prejudice for an application for a Conditional Use Permit to convert an existing accessory structure use from stornge to atcessory living quarters at 2301 EASTON DRIVE zoned R-l: APN 021-154-070 Mailed: March 29, 2013 (Please refer to other side) Cit� of �urlingrarr�e "� copy ofi the application and plans for this project may be reviewed prior to ihe meeting at the Community Development Department at 501 Primrose Road, Burlingame, California. If you challenge the subject application(sj in court, you may be Iimited 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 y�u. William Meeker Community Development Director PID�L.IC 1-IE/�RIIVC I�107'ICE (Please refer fo other side) . CITY OF BURLINGAME COMMUNITY DEVELOPMENT DEPARTMENT BURLINGAME 501 PRIMROSE ROAD - �' � BURLINGAME, CA 94010 �c n'�v.� 111 ���,_�, - ' ' . PH: (650) 558-7250 • FAX: (650) 696-3790 www.burlingame.org Site: 2301 EASTON DRIVE The City of Burlingame Planning Commission announces the following puhlic hearing on MONDAY, MAY 13, 2013 at 7:00 P.M. in the City Hall [auncil [hambers, 501 Primrose Road, Burlingame, CA: Resubr�ittal of project that was Denied 1Without Prejudice for an application for a Conditional Use Permit to convert an existing accessory structure use from storage to accessory living quarters at 2301 EASTON DRIVE zoned R-l. APN 027-154-010 (item continued from the April 8, 2013 P%anninq Commission MeetingJ Mailed: May 3, 2013 (Please refer to other side) Citv of Burlinqame PUBLIC HEARING NOi10E A copy �f the application and plans for this project may be reviewed prior to the meeting at the Community Development Department at 501 Primrose Road, �urlingame, 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 terrants about this notice. For additional information, please call (650) 558-7250. Thank you. William Meeker Community Development Director PUBLIC HEARING NOTIC� (Please refer to ofher side) —,� :� t E L . — ���� �. �� �� �' � . � ��, � � . r. , �- ""`' �� �..:'`d � �.V • . � . -�:- ''�a"`. ` ",�` ryOR._r'_- ;'� �. - w., � � � � � � � _. q ,�`4�Y!z` s!r ��t- ��� % � .... ,' � � � ._., . . �, I : . : % fi� .. � � � $ �: � � : �'i �iS, yF i �.�� k �, r � �• .,� . . ' r ' �1 $ A. 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