HomeMy WebLinkAbout121 Humboldt Road - Staff ReportCity of Burlingame
Conditional Use Permits
Address: 121 Humboldt Road
Item No. 8e
Regular Action Item
Meeting Date: October 10, 2017
Request: Application for Conditional Use Permits to legalize an accessory living space with a full bathroom and
windows within 10-feet of property line in an existing accessory structure.
Applicant and Designer: J. Deal Associates, Jerry Deal
Property Owner: Shirley and Wei Liang Feng
General Plan: Low Density Residential
APN: 029-285-080
LotArea: 6,100 SF
Zoning: R-1
Environmental Review Status: The project is Categorically Exempt from review pursuant to the California
Environmental Quality Act (CEQA), per Section 15303 (e), which states that construction and location 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.
Project Description: The site currently contains an existing one-story single-family dwelling with an attached
two-car garage and a detached accessory structure in the rear left corner of the property. The existing house
and detached accessory structure cover 36.1 % of the lot and total 2,201 SF (0.36 FAR).
The existing detached accessory structure contains 264 SF (14'-6" x 22') in area with accessory living space that
includes a full bathroom. The property appears to have originally been developed around 1920 when the house
and accessory building (which was originally used as a garage) were constructed. Based upon the City's permit
history and the County Assessor's appraisal reports it appears that the house was demolished and the current
house was moved to this site from Borel Avenue in San Mateo in the early 1960's, however there were no plans
accompanying the permits to verify. The records show that given the new house that moved to the site had an
attached two-car garage that the detached garage was then to be used as storage. Sometime between the mid-
1960 and now it appears that detached accessory structure was remodeled and has been used as accessory
living space.
The City first received a code enforcement complaint about the subject property because there was a rental
posting on Craigslist for the space within the detached accessory structure. The City has been working with the
property owners, who purchased the property in the current condition, to bring the space into compliance with
our codes. The applicant would like to legalize the existing structure which includes accessory living space, a
closet and a full bathroom. There is no kitchen existing or proposed in the detached structure. There are
however two windows located within 10-feet of the property line for which a Conditional Use Permit is required.
The window on the rear of the structure is not in compliance with the Building Code regulations and will need to
be removed; which will be required as a condition of approval. There is no expansion or alterations to the
accessory structure proposed.
The existing house has three bedrooms which requires two off-street parking spaces (1 covered and 1
uncovered), which are provided in the existing attached garage and driveway. There are no changes proposed
to the main house.
The applicant is requesting the following applications:
• Conditional Use Permit for accessory living space (office) in an accessory structure (C.S.
25.60.010(m));
• Conditional Use Permit for accessory structure with a full bathroom (C.S.25.60.010(j)); and
Conc�ifional Use Permits
121 Humboldt Road
• Conditional Use Permit required for accessory structure with windows within 10-feet of property line
(C.S. 25.60.010(i)).
121 Humboldt Road
Lot Area: 6,100 SF Plans date stam ed: Se tember 19, 2017
;
EXISTING PROPOSED ALLOWED/REQUIRED
Setback: - C.S.25.26.073(b)(4)
Side: 2'-6" ' No change exempts accessory
Rear.� 2'-6" � structures located in the
rear 30% of a lot
From house: 6'-3"
E structure is in
rear 20% of lot �
;
................................................................................................................... ..................... . . ... ................................................................
No change
Use in Accessory Accessory living space ; Conditional Use Permit required
Structure: with a full batrhoom' & 2' (legalize existing ; for accessory living quarters 2
use) �
_� . . . .._ ............................................................... .. .......
►7/ ......... .......... ..... . . ........ ................................................................. . :..
Accesso 264 SF No change � 600 SF3
Strucfure Size: (12'-0" x 22'-0") � �
;
Building Length: 22'-0" : No change Special Permit required if
structure exceeds 28'-0" in
' len th 4
' ......................................................................................9........................................................... .........................
_ .................................................................... ... .
P/ate Height: 7'-6" ' No change CUP required for plate height
greater than 9'-0" above grade
± ...................................................................................................................�.....................................................................................................................................................................................
�
Building Height: 10'-6" No change � 15'-0" above grade if plate height
does not exceed 9'-0"
: ...................................................................................................................:....................................................................................................................................................................................
# of bedrooms: 3 ; No change ---
: ....................... ........... . :. . ...........................
Off-Streef 2 covered 1 covered
Parking: (20'-5" x 23'-1 ") No change (10'-0" x 20'-0")
+ 1 uncovered 1 uncovered
(9' x 20') � (9' x 20')
Windows in Two existing windows in ; No change windows within 10' of property
Accessory access. structure are line or more than 10' above
Structure: Within 10' of property ; � grade require a Conditional Use
line3 Permit
'& Z Conditional Use Permit for accessory living space and for a full bathroom in an accessory structure.
3 Conditional Use Permit required for windows within 10 feet of property line.
Staff Comments: See attached memos from the Building, Engineering, Parks and Stormwater Divisions and
Fire Department.
6��
Conrlitional Use Permits 121 Humboldt Road
Required 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.
Suggested Conditional Use Permit Findings: The accessory structure will not be detrimental or injurious to
property or improvements in the vicinity as it will contain accessory living space that will be supplemental to the
main dwelling. It is a residential use that is consistent with the land use designation in the General Plan and not
uncommon in this neighborhood. The existing 264 SF accessory structure is 10'-6" tall and a limited size, is not
located directly on the side or rear property line and 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. It will be located and conducted in a manner in accord with the Burlingame General Plan. With
these findings, the project may be found to be compatible with the requirements for a Conditional Use Permit.
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 of the Planning Commission. The reasons for any
action should be stated clearly for the record. At the public hearing the following conditions should be
considered:
that the project shall be built as shown on the plans submitted to the Planning Division date stamped
September 19, 2017, sheets A-1 and A-2, and that any changes to footprint or floor area of the
accessory structure shall require an amendment to this permit;
2. that the accessory structure shall only include 264 SF of accessory living quarters with a toilet, sink and
shower as shown on the plan date stamped September 19, 2017;
3. that the applicant shall obtain a building permit to remove the 3/0 x 4/0 slider window located along the
rear wall (facing the rear property line) and permits for any other work necessary to bring the accessory
structure into compliance with the Building Code so that is can used as accessory living space;
4. that the accessory structure does not contain a kitchen and is not a second dwelling unit unless an
application is filed with the Planning Division and approval is granted to convert the space to a legal
second dwelling unit in conformity with Code Section 25.59;
5. that if the accessory structure is demolished or the envelope changed at a later date the Conditional Use
Permits as well as any other exceptions to the code granted here will become void;
-3-
Conditional Use Permits 121 Humboldt Road
6. that the conditions of the Building Division's September 27, 20176 memo, the Park Division's August 3,
2017 memo, the Engineering Division's August 18, 2017 and September 25, 2017 memo, Fire
Department's August 14, 2017 memo and the Stormwater Division's August 16, 2017 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, 2013
Edition, as amended by the City of Burlingame.
Catherine Keylon
Senior Planner
c. J. Deal Associates, Jerry Deal, applicant and designer
Wei and Shirley Feng, property owners
Attachments:
Application to the Planning Commission
Conditional Use Permit Application
Photos of subject property
Staff Comments
Planning Commission Resolution (Proposed)
Notice of Public Hearing — Mailed September 29, 2017
Aerial Photo
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APPLICATION TO THE PLANNING Cq11AMISSION
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CDD-PLAf�NI�iG DIV.
Aiathori2ation to Reproduce Pralect Plens:
t herehy gra�it the Gity of Buriingarne the 3utharity to reproduce upon request 3ndrer pust ptans subtnitted with this
applEcatior� ort the City's website as part af the Plant�ing approval proces5 and waive any claitns against the City
a►ising out af or related to such action. _______ jlnitials of ArchitettlDesignerj
PROJECT DESCRIPTION:___� «f:�S{�: � L�( '�'�lr,� /!%(// 7___
AFFfbAVITJSIGNATURE: i her b./ cerU�y unde� p�nalry af pe�ju�y ti��t r.�-•� ;nfermation 7r•�en herem is t�ue ar�d correct t� th�
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C(]ND�T'�ONAL �ISE FERNI�T �1PFLfCATIQN — CITY 4F BUR�INGA��E
25.60.Q10 Conditional use perinit requirements
• (i) Glazed openings of the accessory structiu�e will be within ten (10) feet ofthe property
line or any p�rtian of a glazed opening will be higher than ten (10) feet above grade;
• (j) �ater or sewer connections to the accessory structure will exceed btulding code
minimums ar the accessory structiu�e will eontain any shower, bath or toilet;
• (m) Any porCion of the accessory siructure will he used for accessoiy living quarters,
recreation purposes or for use in a home occupation;
Property Dwners
ViTei & Shirley Feng
121 Humbolt Rd
B�u-lin�ne, CA 9�Q1.0
Expla�i,�. why fJae proposed rix� art ihe prnpoxed locui�ion will �.oi b� detrimenfai
o� injrsriorcxta�nropet�jx or im,�nrovem.enisin fJ�e vicini�j} or fo pr�Llic hea�fth,
safety, genes�,r1 wel, f'are nr convenience.
Windows
There are two glazed windows that are within 10' of the property line.
Vi7indow #1 along the side of the accessory st7-ucttu-e is 2'�" from the property line
Window # 2 along the rear ofthe accessory stx-uchu-e is 2'�" from the property line
It is not known if these are original locations. Windows appear to be newer than
the st�-ucture itself. It is possible the building ciepartrnent wi11 not a11ow these to continue
in t�ieir present location and if so they will be removed.
Structure to contain shower, sink �nd t.oilet
A necessary component of an accessory living quarter is a batlu-oom. There will be no
cooking facilities. A bathroom is allowed in an R-1 zone �vith a Conditional Use Permit
Accessory living quarters
The existing accessory struchu-e will be used as an Accessory Living �uarters.
� How will fTi e propaxed uxe be laca�`eaT and conducied in r�ecr��da�.ce with iJ� e
�r�rlingr�nr�� Generat Plan ua�d Zo�inb 4s�iance 9
The proposed use is �n existing detached aecessory struch�re, and with approva.l will be
converted to an accessory living quarter as allowedby the Zoning ardinanee.
The bathroom is allowed in an R-1 zone with a Conditional Use Permit.
�ilindows of an a.ccessory structure which are closer than 1� feet to a properly line can be
allowedwith a Conditional Use Permit.
The use is in accordance with the Burlingame General Plan and �oning �rdinance.
3 Hory will fhe prapoxed projectbe com,�asl�lile wiih fhe aextheiicx, muRsx, Lrr`1k
an� chal�rccter of th e�acixling and poiet�ra�l usex on ad, joini�g praperiiex in
the generYrl uicin.i�yP
The exterior of the structure is to remain as is. If two existing windows are required to be
removed they will be filled in with e�:terior finishes to match the existing.
There are many accessory stx-uctures in the general vicinity
AGCESSORI' 87RUCtURE
VIEW FROM DRIVEWAY EAST VIEW NORTH VIEW
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2 �
NORTH @ REAR VIEW
INTERIO VEIW 1
INTERIO VEIW 2
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Project Comments - Planning Application
Project Address: 121 Humboldt Road, zoned R-1, APN: 029-285-080
Description: Request for Conditional Use Permits to legalize existing accessory living
space, full bathroom, and window within 10-feet of property line in an
existing accessory structure.
From
Martin Quan
Public Works Engineering
Please address the following comments at this time; provide a written response and revised
plans with your resubmittal:
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. Deferred to building permit plans.
3. No further comments at this time.
The following comments do not need to be addressed now, but you should be aware of them as they
will need to be addressed at time of building permit submittal.
4. Any work in the City right-of-way, such as placement of debris bin in street, work in sidewalk area, public
easements, and utility easements, is required to obtain an Encroachment Permit prior to starting work.
5. Construction hours in the City Public right-of-way are limited to weekdays and non-City Holidays between
8:00 a.m. and 5:00 p.m. for all activities (including hauling).
6. The project shall comply with the City's NPDES permit requirements to prevent storm water pollution.
�. Sewer Backwater Protection Certification is required for the installation of any new sewer fixture per
Ordinance No. 1710. The Sewer Backwater Protection Certificate is required prior to the issuance of Building
Permit.
8. The sanitary sewer lateral (building sewer) shall be tested per ordinance code chapter 15.12. Testing
information is available at the Building department counter. A Sewer Lateral Test encroachment permit is
required.
Reviewed By: Martin Quan Date: 9/25/17
650-558-7245
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Project Comments - Planr�ing; Application
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Project Address: 121 Humboldt Road, zoned R-1, APN: 029-285-080
Description: Request for Conditional Use Permits to legalize existing accessory living
space, full bathroom, and window within 10-feet of property line in an
existing accessory structure.
From
Martin Quan
Public Works Engineering
Please address the following comments at this time; provide a written response and revised
plans with your resubmittal:
1. Insert the `Best Management Practices', updated June 2014, construction sheet into the plans set. A copy
can be found at
http://www.flowstobay.or�/sites/default/files/Countvwide%20Pro�ram%206MP%20PIan%20Sheet-
June%202014%20Update.pdf#overlay-context=brochures or http://www.flowstobay.or�/brochures then click
"construction bmp plan sheet"
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z: On the proposed plan, please show the location of all proposed loca�iorrs'for utilities (PG&E, water, sewer,
and sewer cleanout). .° ,°n
The following comments do not need to be addressed' now; but you should be aware of them as they
will need to be addressed at time of building permit submittal.
3. Any work in the City right-of-way, such as placement of debris bin in street, work in sidewalk area, public
easements, and utility easements, is required to obtain an Encroachment Permit prior to starting work.
4. Construction hours in the City Public right-of-way are limited to weekdays and non-City Holidays between
8:00 a.m. and 5:00 p.m. for all activities (including hauling).
5. The project shall comply with the City's NPDES permit requirements to prevent storm water pollution.
5. Sewer Backwater Protection Certification is required for the installation of any new sewer fixture per
Ordinance No. 1710. The Sewer Backwater Protection Certificate is required prior to the issuance of Building
Permit.
�. The sanitary sewer lateral (building sewer) shall be tested per ordinance code chapter 15.12. Testing
information is available at the Building department counter. A Sewer Lateral Test encroachment permit is
required.
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Reviewed By: Martin Quan
650-558-7245
Date: 8/18/17
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Project Commenfs - Planning Application
Project Address: 121 Humboidt Road, zoned R-1, APN: 029-285-080
Description: Request for Conditional Use Permits to legalize existing accessory living
space, full bathroom, and window within 1,0-feet of property line in an
existing accessory structure.
From: Christine Reed
Fire Dept.
Please address the following comments at this time; provide a written response and revised
plans with your resubmittal:
�
The following comments do not need to be addressed now, but �rou; should be aware of them as
they will need to be addressed at time of building permit su:b,rr�itta�„; .,
;�;�;s _�'�+.,, �'��.
1. Exterior walls located within side and rear set back shall be a minimum of 1-hour rated
construction.
Reviewed By: Christine Reed Date: 8/14/17
650-558-7617
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Project Comments - Planning► Application
Project Address: 121 Humboldt Road, zoned R-1, APN: 029-285-080
Description: Request for Conditional Use Permits to legalize existing accessory living
space, full bathroom, and window within 10-feet of property line in an
existing accessory structure.
From: Carolyn Critz
Stormwater
Please address the following comments at this time; provide a written response and revised
plans with your resubmittal:
Project does not create or replace >2,500 square feet of impervious surface or use architectural
copper. Nothing further needed at this time.
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The following comments do not need to be addressed now, but you should be aware of them as
they will need to be addressed at time of building permit submittal.
Any construction project in the City, regardless of size, shall comply with the city's stormwater
NPDES permit to prevent construction activity stormwater pollution. Project proponents shall
ensure that all contractors implement appropriate and effective Best Management Practices
(BMPs) during all phases of construction, including demolition. When submitting plans for a
building permit, please include a list of construction BMPs as project notes, preferably on a
separate full size (2'x 3' or larger) plan sheet. A downloadable electronic file is available at:
http://www.flowstobay.orq/Construction under Construction BMP Brochures: Construction
BMP Plan Sheet.
,,
For further assistance regarding stormwater, please contact Carolyn Critz, Environmental Compliance
Manager, at (650) 342 3727, ext. 118, or carol�n.critz(a�veolia.com
Reviewed By: Carolyn Critz Date: August 16, 2017
(650) 342 3727, ext. 118
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Project Address
Description:
From:
Project Comments -
Planninn dnnli�atinn
121 Humboldt Road, zoned R-1, APN: 029-285-080
Request for Conditional Use Permits to legalize existing accessory living
space, full bathroom, and window within 10-feet of property line in an
existing accessory structure.
Bob Disco
Parks Division
Please address the following comments at this time; provide a written response and revised
plans with your resubmittal:
1. Site Plan must include all existing major trees and shrubs.
2. Please indicate on plans if landscape will remain or be rehabilitated.
The following comments do not need to be addressed now, but you should be aware of them as they
will need to be addressed at time of building permit submittal.
3. Two landscape trees required for final. Trees may be existing or new and nut and fruit trees do
not meet requirements.
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Reviewed By: BD
650.558.7333
bdisco(c�burlingame.orq
Date: 8/3/17
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 prepared and application has been made for
Conditional Use Permits to legalize accessory livina space with a full bathroom in an accessorV
structure at 121 Humboldt Road, Zoned R-1, Wei Liang and Shirlev Fenq, 121 Humboldt Road,
Burlingame, CA, 94010, propertv owners, APN: 029-285-080;
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on October
10, 2017, 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 15303 (e), which states that construction and location 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 10th day of October. 2017, by the following vote:
Secretary
EXHIBIT "A"
Conditions of Approval for Categorical Exemption and Conditional Use Permits.
121 Humboldt Road
Effective October 23, 2017
Page 1
that the project shall be built as shown on the plans submitted to the Planning Division
date stamped September 19, 2017, sheets A-1 and A-2, and that any changes to
footprint or floor area of the accessory structure shall require an amendment to this
permit;
2. that the accessory structure shall only include 264 SF of accessory living quarters with a
toilet, sink and shower as shown on the plan date stamped September 19, 2017;
3. that the applicant shall obtain a building permit to remove the 3/0 x 4/0 slider window
located along the rear wall (facing the rear property line) and permits for any other work
necessary to bring the accessory structure into compliance with the Building Code so
that is can used as accessory living space;
4. that the accessory structure does not contain a kitchen and is not a second dwelling unit
unless an application is filed with the Planning Division and approval is granted to
convert the space to a legal second dwelling unit in conformity with Code Section 25.59;
5. that if the accessory structure is demolished or the envelope changed at a later date the
Conditional Use Permits as well as any other exceptions to the code granted here will
become void;
6. that the conditions of the Building Division's September 27, 20176 memo, the Park
Division's August 3, 2017 memo, the Engineering Division's August 18, 2017 and
September 25, 2017 memo, Fire Department's August 14, 2017 memo and the
Stormwater Division's August 16, 2017 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, 2013 Edition, as amended by the City of Burlingame.
. CITY OF BURLINGAME
< COMMUNITY DEVELOPMENT DEPARTMENT
BURLINGAME 501 PRIMROSE ROAD
- BURLINGAME, CA 94010
- .• PH: (650) 558-7250 • FAX: (650) 696-3790
- www.burlingame.org
Site: 121 HUMBOLDT ROAD
The City of Burlingame Planning Commission announces the following
public hearing on TUESDAY, OCTOBER 10, 2017 at 7:00 P.M, in
the City Hall Council (hambers, 501 Primrose Road, Burlingame, CA:
Application for a[onditional Use Permits to legalize an accessory
living space with a full bathroom and windows within 10-feet of
property line in an existing accessory structure at
121 HUMBOLDT ROAD zoned R-l. APN 019-285-080
Mailed: September 29, 2017
(Please refer to ofher side)
PUBLIC HEARING
NOTICE
Citv of Burlingame
A copy of the application and plans for this project may be reviewed prior to
the meeting at the Community Development Department at 501 Primrose
Road, Burlingame, California.
If you challenge the subject application(s) in court, you may be limited to
raising only those issues you or someone else raised at the public hearing,
described in the notice or in written correspondence delivered to the city at or
prior to the public hearing.
Property owners who receive this notice are responsible for informing their
tenants about this notice.
For additional information, please call (650) 558-7250. Thank you.
William Meeker
Community Development Director
PUBLIC HEARING NOTICE
(Please refer fo other side)
121 N Humboldt Street, R-1