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Min - PC - 1957.04.22
CITY' OF BURL INGIA0Z PLANNING COifIUSSION COMMISS -10 EIRS PRESEXT nv L' e e'�..d'Gr!E'shsk=`!e :i 14ar-6 in r .t_' vers 1- I MUTES GOIJI, %S IOITERS ABSENT O`r'HERS Henderson Ci %, ?'."ttr -r.E)":- Norberg plan'. Gs '-,yyam� tt nor. Five Chien` MoorL;_= Fire T Park - Meeting called to order at 8:05 p.m.; Chairman Martin presiding. Minutes of the regular meeting, T=larch 25, 1957, and the stud-- incc,:,tin— Apr l 8, 1957, were approved as written, Chairman Martin announced that this was the time set for certa_Lil pizb. lic hearings, _notices having been published as required, In consideration of the number of persons in attendance, ("O'b airman Martin advised that requests were on file for continuance to the regular meeting in May of two applications previously scheduled for hearing on this date, as follows: RECLASSIFICATION and VARIANCE - Andrew J. and Mary Conway,, —'i`nomas Jn an . nth een Culligan to permit erection and maintenance of gasoline service station, El Camino Real and Dufferin Avenue. (No. 8 on the agenda) A letter dated April 22, 1957, was read from Edward R. FitzSi.nmons, attorney for the applicants, requesting that the hearing on the above application be continued to the regular meeting;, May 27, 19579 a con- flict in appointments preventing his appearance prior to that date. Chairman Martin invited comments from the .floor. Mr. J.J. Cannon, 1121 Dufferin Avenue, protesting the proposed service stations reminded Commissioners that the application had been publicly advertised for hearing at 8:45 p.m., and requested the Com- mission to permit a showing of hands at that hour of those in attendance opposing the application. There being no objections from Commission members, Chairman Martin agreed to Mr. Cannon's request and referred the matter to later in the meeting. . VARIANCE - Mrs. Betty Cook to operate nursery school, 700 Peninsula Avenue. (No. 6 on the agenda) A :tee tter rated April questing that the hearing meeting of.:�ay 27, 1957. protests voiced, and the HAS IN,GS 22a 1957, was read from Mrs. Betty Cook on the above application be delayed to the Comnissi.oAers consented, there being no application was continued as roquestnd,, 1® BESUBD a:` 1S.�O OF LOT 24��NiF�� I; `i���R Cam' ( con tiyxi)e d -r= > S. mow! 31 6 •.,....e—'V'o o �✓?— ..Al.. _ announced y t h- � V ,. s 1!.f .�ze v.1 �t�"Jl r"F�t. ou., c,rE1d that" v.._�.. 'p^ x x , .2 ?' aR 4 A.47.8 � 2 e z ' r �? r 1:?7 r -,. p _' _�_ J _ r� o G+ y'd F ,z, s 3 .. v Lot f 2 a r. r" Orr 'a a � Y Sri _ L^ 't Y' ! ,�i: tied L� ��0s'tr12 r Or ice l i.�":E {� v�1.� t � ! C � Robert Thorrpson. attorney for the; ^:nplIcant, addras-.;ed ':h^ mission and advisees of several revisions that ere irode :fin �.he plao to comply vi_t:h the reco.mm-endati.ons of City Engineer Marr and Fmi e Chief Moorby: (a) V;idening of the entrance way into the property from 16 feet to 19 feet and the balance of the reedway from 16 feet to 13 feet; (b) A re -design of the catch basin to meet the requirements of the Eng•p nearing Department; (c) An additional 6 inch eater main to extend the length of the cul-de-sac, as well as an additional fire hydrant jai.thin the cul-de-sac; (d) An increase in the radius of the turn around to meet the requirements of the Fire Department A further offer was made to accept as a condition of the resub. division building set -back restrictions of 18 feet to 20 feet within the property lines on Lots 24B a -rid 24C, thereby removing the ne*,v core struction as far as the land pattern permits from the existing :Homes on the adjoining properties A communication dated April 50 1957, was read from Fire Depart- ment Chief Reginald Ea Moorby submitting that Department's recommen- dations for roadway and turnaround facilities to properly accormodate the City's fire apparatus. In reply to the Commission, City Engineer Marr reported the re- vised plan outlined by the applicant to be satisfactory but reiterated his objection to the dedication of the private roadway as a City street. The City Attorney advised the Commission that in his opinion the resubdivision failed to meet the provisions of the City u s Ordinance No. 610 requiring,'that "all lots shall have a frontage on a public street". Referring to the proposal previously made by the applicant to convey to each lot a one-third fee interest in the 20 foot r=dway which connects with Kenmar Way, Mr, Karmel maintained that the ordinance intends there to be frontage on a dedicated street, not a public or other type of easement; further, that the frontage be of sufficient width to furnish the necessary municipal services to the property. Questioned by the Commission, the Planning Consultant stated there to be ample area for the number of lots proposed and he felt the resubdivisi-on to be proper development of the available land, Cyrus J, McMillan, attorney representing a number of property -2- owners on 1�ei-mar Way, addressed the Commission advising that his Clients objected to a resubdivision to create three lots on a parcel of land vahich had been represented by the subdivider and the developer as one lot. A suggestion made by Coin nissioner Finger tba t ?,-he land bo divided into two 'Lots was declared by _Mr. Thom- soap to be not economicaliv feasible because of the investment necessary for roadway construction,, fare :hydrants t:nd sirailar .mprovemc,: is which, Mr. Gal i o has agreed to complete,. F 1 ?..ovaing furtherd�- sc�?ss�_on, the Co=wmiss,.Lon a greoel thy_ !/ flync; pr opC74z.(_ r ` subCaiiT:3.sio-i did not [Elea t `:she requ?.�=,,-) z.ents of the prec-30-i-I E% ordinance. Chaiiqr,&n 14artin declared the ordinance as vlritten to be not properly appl .; cable to hillside deve ►,op ant but coneurre"). In Commissioner Finger f s remark that an amendmiant was superfluous - as i°the ordinance: was su? table for most land d.�-rcluprrLontY0 ,. A motion was thereafter introduced by Corwinissioner Diederichsen that the application for resubdi.vision of Lot 24, Kenwar Terrace, Kling to meet the requirements of the ord-Inance, be denied, seconded by Conmotsss_oner Stivers and carried on the following roll call: COMMISSIONERS: ASS: Diederichssn, Kindig, Stivers COI3MISSIONLRS: NOES: Finger, Martin COkv5USSIONERS ABSENT: Henderson, Norberg Chairman Martin reminded the applicants that an appeal may be directed to the City Council prior to the next regular_> Council meeting. RECLASSIFICATION and VARIANCE - Andrew J. and diary Conway, Thomas Jo and ILathleen Culligan, In response to Chairman Martin, Mr. J.J. Cannon, 1121 DuffOr+,� Avenue, called on those in the audience in opposition to the above application to raise their hands. Speaking as a representative of the group, Mr. Cannon thereafter voiced protest to the proposed use. There being no objection from the Commission and the applicant not in attendance nor represented., Chairman Martin declared the hearing to be postponed to the regular meeting, May 27, 1957. HEARINGS: (cont.) 2. RESUBDIVISION - Parcel B, Block 7 Mills Estate No. 3. Mr. Jack Van Zandt, engineer representing the '::bite Investment Company., owners of the land, advised :hat the resubdivision will establish a one acre parcel oi% the corner of Trousdale Drive and Magnolia Avenue for development as an office bu3.3.dir..g by the E. I. Dupont Company, The -Planning Consultant and the City E' gineer expressed approval of the application. t' There being no prote ts, wrItter or vcx�bai, a motion introduced by Commissioner hindig to approve the resubdi vision as presented Yjas seconded by Commissioner Finger and unanimously carried on roll call of members pre sent 3. TENT '` 1E iViP - Unit" NNor I., Etienne Industrial Park. Jack Van ZaTndt,- :,.'.e?,Jresent'.i ng Mr., Robert Etienne, aENYmt,-V. outlined the dove l.o'oment plans for a proposed subdiv� s'Lon o" app rox:zimat;c :ill acres In the Easton) Indus"4,rial Subdivision and ad, sod :ba-'t. Cl xloav t De•et to be a oast of the subdivis:'Lo ,. w-11-1, be cot struct,�c i c; i';t:'•".., froma North Carole'-_ Avenue to Hollins Road, In re -ply to thn C omYliri s s i on, City Engl ne e +' 1141 rr de c''"a re Ca t h JC fo®t width of the new street not in coniormans—e v:ith Ci-Y Ec:a."...•ea. menus and recommended that the width be establj''shed at 54 : aet,.,, as requ; red by ord+i nance :Fr:% -h 4 foot planting; s tr? p � one<s.c:ka s _i cae In further discussion, Mr. Etienne agreed to accept development restrictions as established in the Millsdale Iridustr3_al Parr area and advised further that the necessary improvements on the one-half of Rollins Road, abutting the property, be ccmple U.ed to Clt, y standards; curbs and gutter improvements on the remaining half of the street to be constructed when the remainder of the acreage is subdivided, There being no protests submitted', a motion was introduced b Commissioner Diederichsen that the Tentative Map be recommended �o the City- Council for acceptance with the following stipulations: 1. A new east -west street to be constructed, extending from North Carolan Avenue to Rollins Road, to be completed as a 54 foot street; 2. A 15 foot front setback for buildings to be made a matter of record on the final map; 3. Street tree planting on Rollins Road and the new street to be in accordance.with the recommendations of the Park Commission, which will be part of the specifications for improvements; 4. Electroliers on Rollins Road, serviced underground, to conform to the pattern in the Idillsdale Industrial Park. Motion seconded by Commissioner Finger and unanimously carried on roll call of members present. 4. VARIANCE,- Sidney Shayer and Robert Donovan requesting permission to conduct a summer school in classrooms located at the First Baptist Church, Palm Drive and E1 Camino Real. A letter dated April 4, 1957, was read from the applicants stating their intention to comply with the City Fire Department fire safety regulations and with the Police Department requirement for policing by the school staff of the El Camino Real crossings at morning and noon hours. Mrs. Sidney Shayer, in attendance, advised that the school pro- poses a summer session for elementary grade children similar to that provided last year. -4- Inspector Howard Pearson,, City Fire Department, in attendanc;, stated that the applicants had corperated fully with fire safety requirements in the previous year's operation. Anticipating similar cooperation, the Fire Department offers; no objeciGior to `Ghe application before they Commission., There being no protests, written or verbal., a motion 7,ar7 upon introduced by Comraissi oner Finger ti-iat the Variance ba granted to Sidney S hayer and Robert Donovan to operate the summor sohonl a proposed subject to the follow ng s tipl!_).Ji tions: (a) _Pc.'!..c�.. . the school staff -of the crossing at El Camino Real and. "'a -:.5!. D ,, at the mornin.g assembly hotur and at Ube noon d-1.vi ssa! 3aour (b) inspection ay1d approval by the F i rG Department of fire Safety precautions Notion seconded by Commissioner Kindig and una:eim.ously carried on roll ca'11 of mambers present. 5.. VARIANCE w Lutheran Church of the Good Shepherd, 301 Burlingame Avenue, requesting set -backs of 3 feet 4 inches f:eom. the waest and south properties to line of proposed construe :ion., A letter dated April 4,, 1957, iisas read from F a V. Mietzel, President of the Congregation of the Lutheran Church of the Good Shepherd, requesting favorable consideration of the application to permit construction ofl a new building on the Church property to extend within the rear setback and the westerly side set -back property Lines. Mr. Mietzel, spokesman for the applicants,, addressed the Com.. mission advising that the additional building is required for Sunday School classrooms to relieve overcrowded. conditions in the Church structure. Referring to the present 3 root setback at the rear of the Church, Mr. Mietzel stated that plans have been drawn to align the new building with the existing Church along the rear of the property. Any effort to locate -forward from the present structure will destroy the continuity of the buildings. In ensuing discussion, Commissioners questioned Fire Chief Reginald E. Moorby and Fire Inspector Howard Pearson relative to the proposed set -backs and fire safety regulations. Chief Moorby advised that until building plans were available to the Fire Department an opinion must be withheld. The decision of the Com- mission on the tot -backs will determine the proper fire resistant constructions Chairman Martin invited comments from the :floor. There were no speakers pro or cone Commissioner Kindig thereupon stated that he had no objection to granting the variance at the rear of the property to conform to the building line presently in existence but could not justify a similar variance on the side property line. Commissioner Diederichsen condurred and thereafter introduced a motion to approve the Variance to the applicants with the following stipulations: -5- 1. The near s6t--back of the now construction to be a. con- tinuation of the established set -back on the Church building; 2. The westerly side set -back to be established at 5 (five) feet from the property line. Motion seconded by Commissioner Finger and car led cyn he following Noll call: x::N.rS. CC!'rA.%SS...EWEasS; D1E3dei:._ .os Finger, Kind:l;,,, S:tJf3rs NOES: COMMISSIOVERS: Martin ABSENT COFvMISSlONERrS: Henderson, Norcerg 6. SPECIAL L PERMIT - Q V Ta:; ler and Calypso Rd Liddell. for eroc� '� on e and maintenance of gasoline service station. :i.i? Mills Estate Subdivision sio?? MZ.g}:".io_t.:L°.0 Avenue a!].C:' Trotfi s dale Drive. Mr. Thomas F. Casey, attorney for the applicants addressed the Commission and submitted a plan depicting the type of construction proposed. Referring to the "statement of justification" for the requested use, read in full at the study meeting of tapril_ 8, Mr. Gaaay suggested a second reading be waived. Conuuiss2oners consented ::and. accepted the statement for filing. Continuing his remarks, Mr. Casey referred to the provisions of the Zoning ordinance regulating permits for gasoline service stations and stated that the application qualifies, the site being in a com- mercially zoned district at an arterial stop intersection on a main street. The distance requirement of the ordinance providing for 490 feet between the closest boundaries of service stations, exclusive of the width of intervening streets, is not present. The lot line of the property extends to El Camino Real, consequently, the legal. distance at the easterly end of E1 Camino Real is zero. Mr. Casey reported there to be no encroachment on r esidential properties. Further, the Shell Oil Company, lessees of the property, authorized acceptance of any restrictions on landscaping or number of advertising signs that the Commission may deem necessary, Mr, A. Martin, representing the Shell Oil Company, advised in reply to questions from the Commission relative to signs, that an 8 foot revolving sign would be preferred but should there be op- position to that type, the Company will negotiate for an identifi- cation sign acceptable to the City. In reply to Commissioner Fingeras question on the actual dis- tance from the easterly end of the proposed location to the westerly boundary of the closest service station, Mr. Casey declared it to be over 400 feet but stated that he was uncertain of the exact separation. Chairman Martin queried Mr. Martin of the Shell Oil Company relative to the location within the property line of the service station and was advised that it was approximately 460 feet from the nearest service station, Chairman Martin invited comments from the floor,, -6- Robert V. Mc.A.ninch, owner and developer of property in the Burlingame Plaza Shopping Canter, protested the; use as a violation of a "gentlemen®s agreement" between property .owners to develop the area as a unified shopping center restricted to stores. It was never contempla -ed that the corner would be utilized for a service station s-, tc.p�n;nch contended that the service staticn iivill detract from the values of surrounding properties. Samuel Thi ti ng, Jr. 5 attorney representing Lee Bros... rota:`_ ? - t- at his client, established in the Plaza on a �rcce:K�w, s t��; roc. that , 10-3r,�'.�t� '_�3 t Se �'rY2 f3itiE51? t, was t�'o?t i 4�?pL}�?<3C! --o -3"he ofservice s tlat,ion in the midst of a shopping center. Iva,iter j4'19--ci ell., Business Manager for the C,al.i for-nia 'leacher: Association,. y,ho are ovil--ters of considerable acreage immediately c°jest of the shopping center; requested the Coranisswon to deny the permit, the proposed use not having been contemplated in the original plans for the area. Jams B. Oswald, oviner and developer of land within the shopping center expressed his opposition. Robert B. Gans, representing the Burlingame Gate Improvement Club, stated that his organization unanimously protested the application. A petition from protestants in the Mills 13state Lgias accepted for filing. Chairman Martin, stating his disappointment in the development of the Plaza, questioned Per. E. J. Viner of the Trousdale Company , in attendance., relative to the architectural control exercised by the Company. In reply, Mr. Viner stated that should the proposed service station be proved obnoxious or a nuisance to adjoining property owners, the authority for architectural control vested in the Trous- dale Company could prevent the use. Mr. Casey advised that the plans for the ;station were submitted to the Bank of California and were favorably received. The Bank indicated no opposition. Referring to the agreement for development of the Center, mentioned by the protestants, Mr. Casey contended that there was no representation made by his client as to the exact use of the property and stated that there was no other location proper or adequate for a service station. In ensuing discussion, Commissioners Diederichsen and Finger stated that the provisions of the ordinance regulating distance be- tween service stations could not be ignored. Chairman Martin main- tained that the application could be approved with certain restric- tions and stated further that, in his opinion, the distance restric- tions were not properly a part of the ordinance. Commissioner Kindig declared his opposition stating the filling station not to be compatible with the shopping center. After some further discussion, a motion was introduced by Commissioner Kindig that the application for the Special Permit be denied, seconded by Commissioner Finger and carried on the following -7- roll ca it AYES: C0181ISSIONERS: Diederichsen, Finger*, Kindig9 Stivers NOES.* COidARISSIOnj HS: FF artin ABSENT C©TVUUI SSIONd Sr Henderson, Norber,g j Caarr!iss over FingeA.- explained his gore, stating -,hat- the propo.�3<11 fails to meet the requirements of tho 'Zon-1ng Ord_nv,.nce. vorl.0 -ii5is si ozier S ta. e 's3 CiJ3lcui Z' d. Chair-m :n Martin reminded the applicants that wa appeal m�,y- be directed to City Council prior to the nextc regu3_ar Col ci =rxee . ing. 7. RECLASSIF!CATION - Lands of Peninsula Hospital. District from R-1 District (First Resa dential) to C-3 District (Professional Business). Chaim, an Martin announced that this was t:ae tivie scheduled by the Commission to conduct a hearing on a recla ssi fica'61ion o3 t'Le lands of the Peninsula Hospital District. In reply to Chairman Martin, the Planning Consultant explained that the lands of the Peninsula Hospital Distz'.:ct} immediately upon annexation to the City, were classified in. the R-1 District, as pro- vided in the ordinance, and no change having been made in the zoning, the Hospital is presently a non• -conforming use in the R.=1 District. R. W. Blaisdell, Administrator, Peninsula Hospital, in attendance, addressed the Commission and urged that the reclassification be ap© proved. questioned by Commissioners relative to future plans for the land .fronting on El Camino Real, Mr. Blaisdell advised there to be no definite plans at present and further stated that under the Code of the State of California, the Hospital cannot operate a com- mercial enterprise on its property. There being no protests received, written or verbal, a motion was introduced by Commissioner Finger that the Commission recommend to the City Council that the lands of the Peninsula Hospital District be reclassified from First Residential to Professional Business, seconded by Commissioner Kindig and carried unanimously on roll call of members present. 8. RECLASSIFICATION - Lots 6,7,899,10 Willborough Place Subdivision from R-3 District (Third. Residential) (Multi -family) to R-1 District (First Residential Chairman Martin announced that this was the time scheduled by the Commission to conduct a hearing on a reclassification of certain lots in the V,111borough Place Subdivision. In reply to Chairman Martin, the Planning Consultant explained that the five lots in questions Lots 6,7,8,9,10, Willborough Place Subdivision, are small lots presently occupied 'by single-family dwelling fronting on a very narrow street. The R-3 zoning in effect offers an opportunity for multiple -use development in an area not suitable for n such use. To establish the proper zoning for -the area, the reclassifi- cation as proposed should be made from R-3 to R-l., There being no protests received to the proposal, written or verbal, a motion was introduced by Commiss3 one: Fi ngQr t'na r a rec;o;��., mendation be made to the City Counci'l for reclassificat-102- of Lots 5, 7,8,9,10, IrvIllborough Place Subdivision?, From. `third Residential IE o First Residential, seconded by Coimniss.loner Die-de:r--iChsen,. and car —,-Leta unanimously on roll call of xnnrdbers present 9. RECTLASSIFICATION - '.i`:f.ousdaie Construction Co3ilpz;-n-v to p- I District (First Resldsrxtal } to R 2 Dio', c c (Second Residential) ce_n. Lain a_L•cas i-�x Mil'Is Estate Subdivisions,, Chairman Martin stated than because of tho late hour he would prefer to continue to a special meeting preced'.Lng the Dlay- 1.3 study meeting the hearing on the above application. Mr® Lee Ham, engineer for the applicant, 'Ln attendance, pro- tested the postponment® Chairman Martin thereupon requested the pleasure of the Commission and a motion was introduced by Commissioner Diederichsen to continue to a special meeting on May 132 1957, the application of the Trousdal.e Construction Company for rezoning in Mills Estate, seconded by Cora- missioner Kindig and carried on the following roll call: AYES: COTY51ISSIONERS: Diederichsen, Kindl.g, Martin NOES: C01,1MISSIONERS: Finger, Stivers ABSENT C01,51ISSIONERS: Henderson, Norber=g COtJliI'IUNICATIONS : le Trousdale Construction Company re: Temporary Office Quarters, On unanimous agreement by the Commission, the communication was referred to a special meeting, May 13, 1957. There being no further business, the meeting was regularly ad- journed at 11:45 p.m. Respectfully submitted, Everett K. Kindig Secretary -9-