Planning commission denies hillside-area permit for pergola at 1551 Las Montez Drive

The Burlingame Planning Commission voted 6–0 on May 27 to deny an after-the-fact hillside-area construction permit for an as-built pergola at 1551 Las Montez Drive, concluding the structure obstructs a protected distant view of the San Francisco Bay.

The staff report said the project began as a code-enforcement case for construction without a building permit and that planning staff determined a hillside-area construction permit was required. Staff told the commission the hillside overlay zone addresses obstructions caused by structures, not by vegetation, and that the ordinance protects views of the San Francisco Bay, San Francisco International Airport and Mills Canyon from primary indoor living areas.

Applicant representatives asked the commission to consider the pergola in the context of utility poles and recently planted trees. The contractor, who introduced himself as Chris, said the project team had proposed moving the pergola and lowering it by a foot during earlier review and that they later installed three landscape trees between the pergola and the neighbor at 1542 Los Altos Drive. "We're just here, like, on a Hail Mary," he said, asking the commission to weigh what can be seen now.

The homeowner who spoke for the project described prior tree removals and said the property owner had planned to replant four trees after a past renovation; she said the newly planted trees were intended to restore the original screening and asked the commission to grant the hillside permit. The opponent, identified as the owner of 1542 Los Altos Drive, told the commission the pergola and subsequent plantings are part of a single development package and argued the plantings were made to block a neighbor's view; the neighbor also accused a property owner of having cut a hedge on a different adjacent property and said that incident had been reported to police.

During deliberations commissioners emphasized the code applies to structures rather than vegetation and said the built pergola, as presented, still obstructs a protected distant view from the neighbor's primary indoor living area. Several commissioners said alternatives existed on the lot that would provide shaded outdoor space without blocking distant views and noted that lowering the horizontal member by a foot would not solve the fundamental siting problem. One commissioner urged the parties to try to meet face to face and work toward a neighborly solution.

Commissioner Fauf moved to deny the permit "as submitted" and the motion was seconded; the roll call vote was recorded as 6–0–0–0. The commission secretary noted the decision may be appealed to the Burlingame City Council in writing within 10 days and that an appeal requires a $900 fee to cover notice costs.