HomeMy WebLinkAbout1545 Bernal Avenue - Staff Report;: ,.
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CITY OF BURLINGAME
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ITEM
TWO SPECIAL PERMITS FOR ACCESSORY STRUCTURE
Address: 1545 Bernal Avenue Meeting Date: 3/14/94
Request: Special permit for accessory structure windows within 10'
of property line and for use of structure for recreation purposes
CS 25.60.010-i, m).
Applicant: Paul R. & Virginia Malone
Lot Area: 9753 SF
APN: 026-034-010
General Plan Designation: low density residential
Adjacent Development: single family residential
CEQA Btatus: Article 19. Categorically Exempt per Section: 15303
Class 3(e) Accessory (appurtenant) structures including garages,
carports, patios, swimming pools and fences.
Summary:
Applicants/property owners Paul R. & Virginia Malone are requesting
a special permit for clearstory windows and skylights placed in an
existing 292 SF accessory structure at 1545 Bernal Avenue,�zoned R-
1. Two skylights and four clearstory windows have been installed;
all are within 10' of the property line. � All are located 9' or
more above grade; there is a 10' easement beyond the windows facing
south.
In addition, a special permit is requested for recreational use.
The structure is presently used for storage; the property owners
are asking for approval of future light recreational uses such as
a garden cabana, sitting room or game room. The only utility in
the structure is electricity. All other zoning code requirements
have been met.
The existing structure was a pumphouse for the nearby creek for a
number of years. The pumphouse use has been abandoned and the
structure itself was recently upgraded and converted to a storage
building (permit #9300669 issued July 1993). The upgrades to the
structure included the addition of a 60 SF porch (5'x 12') and a 40
SF trellis (5'x 8') at the front of the structure. The 1993 permit
also included an addition to the house and a separate trellis on
the opposite side of the yard. The trellis is now proposed under
a separate permit.
Staff Comments:
The Chief Building Inspector noted that no windows can be closer
than 3'-0" to the property line. Plans for the 1993 permit showed
the north wall of the structure proposed as one hour fire
construction. The reason was that a portion of the wall was shown
to be within 3'-0" of the property line. Although they scale less,
the plans submitted for this project show a 5'-0" setback to the
north window. Planning staff verified the 5'-0" dimension to the
wall beneath the window. The Fire Marshal and City Engineer had no
comments.
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TWO SPSCIAL PSRXITS FOR ACCESSORY STRUCTORE 1545 BSRNAL AVSNUE
Required Findinqs for a special Permit:
In order to grant a Special 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.
Planninq Commission Action:
The Planning Commission should hold a public hearing. Affirmative
action should be taken by resolution. The reasons for any action
should be clearly stated. At the public hearing the following
condition should be considered:
1. that the project be consistent with the plans, including no
windows closer than 3' to property line, submitted to the
Planning Department date stamped February 8, 1994;
2. that use of the structure shall be limited to light
recreational uses such as those described in the applicant's
letter submitted to the Planning Department and date stamped
February 25, 1994, in no circumstance shall the structure be
used as a dwelling unit;
3. that, within 30 days of action on this proposal, application
shall be made to the Building Department for the installation
of the windows and the proposed change in use;
4. that plans submitted to the Building Department shall meet the
condition in the Chief Building Inspector's memo (2/14/94);
and
5. that the project shall meet all the requirements of the
Uniform Building and Uniform Fire Codes as amended by the City
of Burlingame.
.:��G�Z�
Sheri Saisi
Planner
cc: Paul R. & Virginia M. Malone (property owners, applicant)
2
CITY OF �URLINGAME
APPLICATION TOO THE PLANNING COO MMISSIOO N
Ty e of AQvlication; �,Special Permit Variance Other
Project Address I S�} 5 1�2rhu� tiV �.
Assessor's Parcel Number(s) O 2(sz. - D 34 - O I C�
APPL/CANT
Name: _�avl R• � V�rqlhlc�l �jU��h2
Address: _ I S� 5��vtct, �
City/state/Zip: l�vrl �►��wi e C& �l �DI U
Telephone:(workl _ 421-3�130
PROPERTY OWNER
Name: �uv� �•� Ulrqihlul �ct�Oh�
Address: I S� 5 13ev`v�al
City/State/Zip: �UV'�I►1�Gh��.� �t �`��� U
Telephone:(work) _ � �� - 3°13D
(home) 3�-� -53��-
(homel 3�`� -530�-�-
Please indicate with an asierisk f•1 who the contact nerson
is for this nroiect.
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PROJE DE CR/PT/ N: S{ r " �� J S��1J 5�13 '�� 7
ARCH/TECT/DES/GNER
Name: �uv� Gl,�f�h� (�GuVt 2v�
Address: l S�i S��rnrii.� A-U�
City/State/Zip: _ �VY'�Ihc�►Glw�2 , (_'� q �U�(�
Telephone (daytimel: Li- 21 ^ 3�13 C�
, � S�1 elr�
►ry sfr�v� e,
AFFIDAV/T/S/GNATURE: �e�� �" r��" u S.� •
I hereby certify under penalty of pery'ury that the information given herein is true and correct to the
best of my knowledge and belief.
��� � � �
Applicant's Signature Date - -
I know about the proposed a plication, and hereby authorize the above applicant to submit this
application. �� � ��
Property Owner's Signature Date
--------------------- ---------- --------QFFICE USE ONLY
xX
2����� 3 �
Date Filed: Fee
Receipt # a' 1G��"-�U�
Letter(s) to applicant advising application incompl te:
Date application accepted as c m lete: �" 2- - '
P.C. study meeting (datel � P.C. public hearing (date) � •
P.C. Action
��ss Appeal to Council7 Yes No
a�.fR„ Council meeting date Council Action �
Pau1 R. & Virginia Malone
1545 Bernal Ave.
Burlingame, CA 94010
Office Tel: 421-3930
Home TeI: 347-5304
LETTER OF EXPLANATION
TO: Burlingame Planning Commission
FROM: Paul and Virginia Malone
JOBSITE: 1545 Bernal Ave., Burlingame, CA (APN 026-034-010)
RE: Special Permit Application
DATE: February 8, 1994
GENERAL DESCRIPTION OF APPLICATION:
The application accompanying this Letter of Explanation seeks
a Special Permit to allow accessory structure windows within 10'
of our property lines. The accessory structure is a charming o1d
pumphouse (non-functioning) on the western corner of our lot which
dates back to at least the early 1920s and which we have recently
restored under Burlingame Building Permit No. 9300669. The
pumphouse is being used as a storage shed. The proposed windows
are skylights and transom windows which will restore interior light
lost when existing windows were removed to provide a one hour
firewall along the sides and rear of the structure.
REASONS WHY WE BELIEVE THE APPLICATION SHOULD BE GRANTED:
1. The proposed windows will in no way threaten surrounding
property owners' grivacy or create an asthetic intrusion, annoyance
or eyesore. While the rationale for the rule restricting windows
near property lines is certainly understandable, the physical
characteristics of this particular site and the lack of proximity
to neighboring structures ensures that the proposed windows will
not impact adjoining property owners.
2. The proposed skylights and transom windows are over two
feet above eye level, and all that can be seen through them are
very high tree branches and the sky. The storage shed has no attic
or loft.
3. The proposed windows are more than 30' from the nearest
neighboring home to the north, and more than 40' from the nearest
neighboring home to the south.
4. The storage shed is bordered by dense tall oak trees and
the proposed skylights and transom windows are necessary to provide
interior light.
5. The surrounding oak trees provide a natural screen between
our storage shed and adjoining properties.
6. The southern line of our property borders an unoccupied
10 tt. service a11ey whiah provides an additional buffer area
between our property and that of our southern neighbor. The
proposed windows are all at least 15'4" �rom our southern
neighbor's property line.
7. Tnstallation of the proposed skylights and transom windows
is necessazy to restore iight which was lost when existing windows
were removed to provide a one hour firewall along the sides and
rear of the existing structure.
Respectfully Submitted,
C,%� i �'' 1,��
0
Paul R. and Virginia M. Malone
1545 Bernal Avenue
Burlingame, CA 94010
Office: (415) 421-3930
Home: (415) 347-5304
FAX: (415) 421-1326
AMENDMENT TO SPECIAL PERMIT APPLICATION
TO: Burlingame Planning Commission
FROM: Paul R. and Virginia M. Malone
JOB SITE: 1545 Bernal Avenue, Burlingame
RE: Amendment to Special Permit Application to Permit
Recreational Use of Old Pump House
DATE: February 23, 1994
We would like to amend the pending application we have
submitted to request authority to use the old pump house on the
western corner of our lot for light recreational purposes. Our
application as previously submitted, which seeks authority for
skylights and transom windows, refers only to storage as the
intended use. While we will, in fact, use the pump house
initially only for storage, we would like to have authorization
to convert the use in the future to a garden cabana, sitting
room, pool table room, game room or other such light recreational
use.
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The Pianning 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 will assist the Planning
Commission in making the.decision as to whether the findings can be made for your request. i'
Please type or write neatly in ink. Refer to the back of this form for assistance with these
questions. �
1. Exp/aln why the proposed use at the proposed /ocation wi!/ not be defifinenta/ or. Jnfurious'
to property or lmprovements In the vlclnity or to pub/ic health, safety, genera/ welfare, or'.
convenfence. � � �
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Publie Health & Safetv: The proposed windows are necessary to '
replace existing windows which were removed to provide � one hour
firewall along the sides and rear of the subject structure.
General Welfare/Convenience. The proposed windows are necessary
to complete the restoration of a charming old pumphouse (now non-
functioning) which dates back to at least the early 1920s. The
windows will provide needed interior light in an area of dense
trees, and will have no adverse impact on neighboring homes.
The proposed windows are skylights and transom windows which
are over two feet above eye level, and all that can be seen through
them are very high tree branches and the sky. The proposed windows
are more than 30' from the nearest neighboring home to the north,
and more than 40' from the nearest neighboring home to the south.
2. How wi// the proposed use be /ocated and conducted in accordance w�th the Bur/fngame
Genera/ P/an and Zoning OrdinanceT �
General Plan & Zoning Consistencv. Restoration of the old existing '
pumphouse in an asthetically pleasing style, and installation of ;
skylights and attractive transom windows to provide interior light
is,consistent with the spirit of the Burlingame General Plan and
Zoning Ordinance. While the rationale for the rule restricting
windows near property lines is certainly, understandable, the
physical characteristics of this particular site and the lack of
proximity to neighboring structures ensures that the proposed
windows will in no way threaten surrounding property--owners'
privacy or create an asthetic annoyance.
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3.
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How wi// the proposed proJect be compatib/e with the aesthetics, mass, bu/k and character
of the existTng and potentia/ uses on adjolnfng properties in the genera! vicinityT ;
Aesthetics Bulk & Character. The proposed windows are necessary
to tastefully complete the restoration of a charming old pumphouse
which dates back to at least the early 1920s. The restoration has
preserved the style and character of the original structure and is
consistent �with the architectural style of surrounding older
Burlingame residences. To the limited extent that the pumphouse
can be seen from neighboring properties, it enhances the asthetics
of the area . ,
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CITY ATTORNEY
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CITY OF BIIRLINGAME
501 PRIMROSE ROAD
BIIRLINGAME, CA 94010
(415) 696-7250
, NOTICE.OF HEARING
The CITY OF BURLINGAME PLANNING COMMISSION announces the
following public hearing on MONDAY, THE 14TIi DAY OF MARCH, 1994, at
7:30 P.M. in the City Hall Council Chambers located at 501 Primrose
Road, Burlingame, California. A copy of the application and plans
may be reviewed prior to the meeting at the Planning Division at
501 Primrose Road, Burlingame, California.
1545 BERNAL AVENIIE APN: 026-034-010
APPLICATION FOR A TWO SPECIAL PERMITS FOR AN EXISTING
ACCESSORY STRIICTURE AT 1545 BERNAL AVENIIE� ZONED R-1
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. •
Please note, when possible, and when multiple family or commercial
development is involved, this notice shall be posted in a public
place on the project site and on neighboring buildings with
tenants.
MARGARET MONROE
CITY PLANNER
MARCH 4. 1994
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RESOLUTION NO.
RESOLUTION APPROVING CATEGORICAL EXEMPTION
AND TWO SPECIAL 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 Two Special Permits for accessory structure windows
within 10' of property line and for use of structure for recreation
purposes at 1545 Bernal Avenue (APN 026-034-010�; (property owner: Paul
R. & Virginia Malone, 1545 Bernal Avenue); and
WHEREAS, said matters were heard by the Planning Commission of the
City of Burlingame on March 14, 1994 , at which time it
reviewed and considered the staff report and all other written materials
and testimony presented at said hearing;
NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning
Commission that:
1. On the basis of the Initial Study and the documents submitted
and reviewed, and comments received and addressed by this commission, it
is hereby found that there is no substantial evidence that the project
set forth above will have a significant effect on the environment, and
categorical exemption Section 15303, Class 3(e) Accessory (appurtenant)
structures including garages, carports, patios, swimming pools and
fences, is hereby approved.
2. Said special permits are approved subject to the conditions set
forth in Exhibit "A" attached hereto. Findings for such Special Permits
are as set forth in the minutes and recording of said meeting.
3. It is further directed that a certified copy of this resolution
be recorded in the official records of the Countv of San Mateo.
CHAIRMAN
I,
Commission of the Cit
foregoing resolution was
the Planning Commission
1994 , by the following
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
, Secretary of the Planning
y of Burlingame, do hereby certify that the
introduced and adopted at a regular meeting of
held on the 14th day of March ,
vote:
SECRETARY
EXHIBIT "A"
Conditions of approval, categorical exemption and Two Special Permits
1545 Bernal Avenue
(effective March 21, 1994)
1. that the project be consistent with the plans, including no windows
closer than 3' to property line, submitted to the Planning
Department date stamped February 8, 1994;
2. that use of the structure shall be limited to light recreational
uses such as those described in the applicant's letter submitted to
the Planning Department and date stamped February 25, 1994, in no
circumstance shall the structure be used as a dwelling unit;
3. that, within 30 days of action on this proposal, application shall
be made to the Building Department for the installation of the
windows and the proposed change in use;
4. that plans submitted to the Building Department shall meet the
condition in the Chief Building Inspector's memo (2/14/94); and
5. that the project shall meet all the requirements of the Uniform
Building and Uniform Fire Codes as amended by the City of
Burlingame.
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PLANNING DEPARTMENT 342-8625
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Building Department
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a. Floor plans:
1. Location of inechanical equipment.
2. Electrical plan.
3. All water and sewer connections.
4. Location of doors and windows, including
skylights.
b. Building elevations: , �
1. Location of/change in grade on all elevations. �„p,\��11 OJ
2. Height from lowest adjacent grade to top of `� r� ���—��,
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Plan Review Process
PLAIVNING DEPARTMENT 342-8625
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I�ddress• !
Description:
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