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HomeMy WebLinkAboutMin - PC - 1979.01.08CITY OF BURLINGAME PLANNING COMMISSION JANUARY 8, 1979 CALL TO ORDER A regular meeting of the Planning Commission, City. of. Burlingame was called to order by Chairman Jacobs on Monday, January 8, 1979 at 7:35 P.M. ROLL CALL Present: Commissioners Cistulli, Francard, Kindig, Mink, Sine, Taylor (arrived at 8:05 P.M.), Jacobs Absent: None Staff Present: Ralph E. Kirkup, City Engineer; Jerome F. Coleman, City Attorney; 0. Fred Fricke, Fire Chief MINUTES The minutes of the December 11, 1978 meeting were approved as mailed. APPROVAL OF AGENDA Commissioner Kindig moved for approval of the order of the agenda. MEETING ITEMS FOR ACTION 1. VARIANCE TO ENLARGE AN EXISTING BEDROOM IN THE HOUSE AT 1801 LOYOLA DRIVE BY MR. AND MRS. ROBERT BISHOP City Engineer Kirkup referenced staff report dated 1/2/79, applicant's December 28, 1978 letter and plans date stamped December 29, 1978. This application is to remodel an existing 4 bedroom home by removing the bedroom at the back of the garage, correcting several foundation problems and reconstructing this bedroom to a larger size with an attached dressing room and bath. Remodeling would lower the floor level of the 4th bedroom to accommodate two handicapped family members. A variance is required because the present house is nonconforming with a rear yard smaller than the 15' code minimum. All other building and zoning code requirements will be met. Staff recommended approval with three conditions as listed in the staff report. Mr. Bishop, the applicant, was present. Chairman Jacobs opened the public hearing; there were no audience comments and the public hearing was closed. Commissioner Mink found exceptional circumstances that this house had been improperly placed on the lot; that denial of the variance would restrict a property right of -the owner; that granting of the variance would not be detrimental or injurious to the public or adjacent property owners; and that use of this one story 4 -bedroom home is within the limits of the general plan. Commissioner Mink then moved for approval of this variance with the following three conditions: (1) that the remodeling be done according to the plans date stamped December 29, 1978; (2) that the interior length of the garage be not less than 20'-0"; and (3) that a 5'-0" separation be maintained between the new construction and the edge of the existing swimming pool. Second Commissioner Cistullli and approved 6-1, Commissioner Taylor absent. Chairman Jacobs advised appeal procedures. Burlingame Planning Commission Minutes January 8, 1979 Page 2 2. SPECIAL PERMIT TO OPERATE AN AUTOMOTIVE REPAIR SHOP IN THE I1-1 DISTRICT AT 1049.BROADWAY, BY GARBIS S. BEZDJIAN OF THE DIP STICK (CONTINUED FROM 11/27/78) City Engineer Kirkup referenced staff report and Project Assessment form dated 11/20/78, noting the item had been continued at the request of the applicant's attorney. Details of the present and previous applications at this location were discussed and principal differences pointed out. Mr. Kirkup also discussed the change -in building code occupancy classification from B-1 (auto service) to H-4 (auto repair) (reference 11/14/78 memo from the Chief Fire Inspector). He noted ingress/egress at this busy intersection (reference 11/14/78 memo from the Traffic Engineer). If the practical concerns raised by the proposed change in use can be resolved, staff had no objection to approval with recommended conditions as listed in the'staff report. Carol Gonella, attorney representing the applicant, addressed Commission. She distributed and discussed several sheets indicating the 6 services for which this permit is requested. Ms. Gonella advised that the applicant was prepared to withdraw his request for approval of engine overhauls and would comply with conditions 1-4 listed in the staff report. She questioned the change from B-1 to H-4 occupancy in view of the services being proposed this evening. Commissioner Mink stated he would refrain from discussion as the attorney for the applicant was, in effect, his employer as a trustee of the San Mateo Union High School District. Chairman Jacobs opened the public hearing; there were no audience comments and the hearing was closed. Secretary Kindig noted the large number of letters received in support of this application and read names and addresses (reference copies on file with the Planning Department and City Clerk). He also noted a letter in support received this date from John Benson, a next door neighbor of the applicant. It was noted that two of the applicant's neighbors had sent letters in favor. Commissioner Taylor arrived at 8:05 P.M. and was advised by the City Attorney he would be disqualified from voting since he came in after the presentation by the applicant's attorney. There was Commission concern expressed regarding traffic congestion. During Commission discussion Ms. Gonella advised that no gasoline would be stored on the premises; there would be some cleaning solvent, perhaps a 25 gallon container. Fire Chief Fricke commented on the change to a more hazardous classification and the requirement for 4 hour fire resistive exterior walls if less than 5' from the property line. The Fire Chief advised he would have no objection to this application if there were no overnight storage of vehicles and no heavy overhaul repair work. He requested the conditions of approval reflect these concerns as well as a condition that there be no parking allowed next to the exterior sprinkler valve. There was Commission consensus to limit any approval to the six items listed on the sheet distributed this evening; any future service items would require an amended application. Commissioner Sine moved for approval of this special permit with the following conditions: (1) that the permit be approved to Mr. Garbis Bezdjian of The Dip Stick, and be non- transferable; (2) that the hours of operation and number of employees be consistent with the November 2, 1978 letter from Mr. Bezdjian; (3) that not more than 12 vehicles be on this property at any one time (customers' vehicles, owner's and employees' vehicles and any service vehicles to be included in this total); (4) that no vehicles associated with this business are to be parked in such manner as to constitute an obstruction of the public sidewalk and right-of-way adjacent to this property; (5) that service be limited to the six items proposed by the applicant this evening, i.e., tune-up, brake service, battery sale and service, tire sale and service, wheel alignment and carburetor adjustment; (6) that there be no overnight storage of vehicles; and January 8, 1979 Burlingame Planning Commission Minutes Page 3 (7) that there be proper and adequate signage in front of the exterior sprinkler valve to ensure no parking at this location. Second Commissioner Kindig and approved 4-1, Commissioner Cistulli dissenting, Commissioners Mink and Taylor abstaining. Appeal procedures were advised. 3. CONDOMINIUM CONVERSION PERMIT FOR THE FLORIBUNDA CONDOMINIUMS AT 1210 FLORIBUNDA AVENUE BY GERALD E. KUNZ City Engineer Kirkup reviewed this condominium conversion application to reclassify an 8 -unit apartment building now under construction. He referenced staff report dated 1/2/79, Project Assessment form dated 1/2/79, December 8, 1978 letter from the applicant, Revision to Site Plan date stamped 11/29/78, Director of Public Works' memo of 1/3/79 and Park Director's memo of 11/20/78. Staff found the project is consistent with the guidelines and review criteria for condominiums defined by Planning Commission Resolution No. 16-75, Ordinance No. 1015 and zoning ordinance requirements; approval was recommended. George Sinclair, architect representing the applicant, was present; he discussed the reasons for this condominium conversion request. Chairman Jacobs opened the public hearing; there were no audience comments and the hearing was closed. Commission concerns: the need for more rental units in the city, open space provided, and provision for guest parking. Commissioner Taylor found that this 8 -unit apartment meets all code requirements except lot coverage; that Commission had granted a variance to allow 56% lot coverage on March 27, 1978; and that all findings of Res. No. 16-75 have been met. He, therefore, moved for approval of this application. Second Commissioner Mink and approved 6-1, Commissioner Sine dissenting. Appeal procedures were advised. 4. TENTATIVE SUBDIVISION MAP FOR 8 CONDOMINIUM UNITS AT 1210 FLORIBUNDA AVENUE City Engineer Kirkup advised this map meets the requirements of the State Map Act and City 'code. Conditions raised by the 12/8/78 memo from the Assistant City Engineer have been satisfied. Tentative map approval is recommended with two conditions as recited in 1/3/79 memo from the Director of Public Works. Commissioner Mink moved for approval of this tentative map subject to the following conditions: (1) that the sidewalk be installed in accordance with the revised site plan received November 29, 1978; and (2) that a proper backflow prevention device be installed at the sprinkler system. Second Commissioner Cistulli and approved 6-1, Commissioner Sine abstaining. 5. SPECIAL PERMIT TO SELL USED CARS IN THE M-1 DISTRICT AT 1315 ROLLINS ROAD BY WILLY OSTERTAG City Engineer Kirkup reviewed this proposal to display and sell used cars at Autohaus Burlingame in the M-1 District. Reference staff report dated 12'/28/78, Project Assessment form dated 1/2/79, site plan date stamped 12/7/78 and applicant's letter date stamped 12/5/78. Staff recommended approval subject to four conditions as listed in the staff report. Cyrus J. McMillan, attorney representing the applicant, was present. He emphasized this limited proposal was merely to complement the present auto service center at this location and stated the applicant would accept any conditions Commission might impose. Burlingame Planning Commission Minutes January 8, 1979 Page 4 Chairman Jacobs;opened the public hearing. There were no audience comments and the public hearing was closed. Commission discussion brought out that hours of operation would be the same as those for the auto repair business and outdoor paging systems are annoying. Commissioner Taylor moved for approval of this application with the following conditions: (1) that the permit be approved to Mr. Willy Ostertag and be non -transferable; (2) that the used car sales be consistent with the applicant's letter date stamped December 5, 1978 and site plan date stamped December 7, 1978; (3) that no more than four cars be displayed outside at any one time; (4) that no additional signs be placed on the property except "for sale" signs on windshields of the cars involved; and (5) that there be no outside paging system. Second Commissioner Cistulli and approved 7-0. Appeal procedures were advised. 6. HEALTH SPA, 226 LORTON AVENUE: DETERMINATION WHETHER THE PROPOSED HEALTH SPA IS SIMILAR TO THOSE USES PERMITTED IN THE C-1 DISTRICT AND UNLIKELY TO BE OBNOXIOUS OR DETRIMENTAL TO THE NEIGHBORHOOD IN WHICH IT WOULD BE LOCATED City Engineer Kirkup reviewed this proposal by Howard Atkins received subsequent to Planning Commission denial of his previous application for a health spa on Burlingame Avenue. Reference staff report dated 12/27/78, location map and floor plans date stamped 12/11/78. Operational details have not been amended by the applicant; they remain the same as those proposed for 1105 Burlingame Avenue (reference applicant's letters of October 10, 1978 and November 9, 1978). Mr. Kirkup referenced 12/19/78 memo from the Police Chief referring to a requirement of a complete Police Department investigation per Sec. 6.40 of the Burlingame.City Ordinance, should Commission approve this location. With regard to the need for a second exit, the City Engineer noted Mr. Atkins would be required to meet all Fire and Building code requirements before a business license is issued. Staff's opinion is that this proposal is not similar to the uses in the Burlingame Avenue area. During Commission discussion a reluctance to consider a second application was expressed, without final determination of the applicant's appeal of the Burlingame Avenue Planning Commission denial. Howard Atkins was present and advised he had no intention of opening two health spas in Burlingame. It was noted this location is within the Burlingame Avenue Area Off -Street Parking District. Commission concerns: exiting problems; closing hours of the proposed health spa; the shift schedule of the masseurs and the number of massage rooms; signage proposed; and a feeling that this location was more hazardous and less desirable within the zone than the Burlingame Avenue location. Chairman Jacobs opened the public hearing. There were no audience comments and the hearing was closed. Commission was advised that both the property owners and tenants in the neighborhood had been noticed. Mr. Atkins stated the proposed spa would not be a closed club. Based on testimony given this evening, Commissioner Taylor moved that the Planning Commission find the proposed health spa is not similar in character to those uses specifically allowed in the zone and, therefore, it is not permitted at 226 Lorton Avenue. Second Commissioner Mink; proposal effectively denied 7-0. Appeal procedures were advised. Burlingame Planning Commission Minutes January 8, 1979 Page 5 7. FENCE EXCEPTION TO CONSTRUCT A 6' HIGH FENCE IN A PORTION OF THE FRONT SETBACK WHICH IS AT THE SIDE OF THE HOUSE AT 1601 HOWARD AVENUE, BY MR. AND MRS. KEN JENSEN City Engineer Kirkup reviewed this application (reference staff' report dated 1/2/79, December 27, 1978 letter from the applicant, applicant's site plan and cross sections). He noted the technicalities of the zoning ordinance with regard to side and front setbacks and the location of this home. Work was begun on the fence without a building permit (and then stopped in mid December). City Council approved an encroachment permit December 18, 1978 which would allow the fence posts to remain 2' into the public right- of-way. Staff had no objection to approval of this petition if Commission could find the four legal requirements had been satisfied. Ken Jensen, the applicant, was present. Chairman Jacobs opened the public hearing. There were no audience comments and the hearing was closed. During discussion it was determined from staff that the City Council was aware of the details of this fence exception application Prior to approving the encroachment permit. Commissioner Kindig stated his serious objection to a fence so close to the sidewalk. Commissioner Mink found that the four legal requirements for approval of a fence exception had been satisfied. He then moved for approval of this fence exception with the condition that the fence be constructed in general agreement with the sketches submitted by the applicant. Second Commissioner Taylor and approved 6-1, Commissioner Kindig dissenting. Appeal procedures were advised. A short recess was called at 9:40 P.M.; reconvene at 9:50 P.M. MEETINGS ITEMS FOR STUDY 8. SPECIAL PERMIT TO PAVE AND FENCE ONE ACRE IN THE M-1 DISTRICT AT 840 COWAN ROAD AND USE THE SITE TO RECEIVE AND STORE RENTAL CARS AND EMPLOYEE VEHICLES FOR DOLLAR RENT -A -CAR AGENCY AT 1815 BAYSHORE HIGHWAY City Engineer Kirkup reviewed this application by Dollar Rent -A --Car to allow storage of their vehicles at 840 Cowan Road, noting a possible second phase project within five years to use the entire site. Application is complete with the exception of the property owner's consent to the application. Commission requested a more detailed statement from the applicant at the public hearing giving possible alternative uses Dollar Rent-A-Car may make in future of both the Cowan Road and Bayshore Highway properties. Item set for hearing January 22, 1979. 9. SPECIAL PERMIT TO OPERATE THE CROWN COFFEE SHOP AT 875 MAHLER ROAD BY JON FLOOD 10. SPECIAL PERMIT TO OPERATE THE BURLINGAME EXECUTIVE CENTER SNACK BAR AT 1818 GILBRETH ROAD BY LLOYD RUSSELL OF HAVA SNAK FOOD SERVICE, INC. These items were reviewed by City Engineer Kirkup. Applications; are complete. Chairman Jacobs set these applications for hearing January 22, 1.979. 11. SPECIAL PERMIT TO OPERATE THE BURLINGAME LUNCH COMPANY AT 833 MAHLER ROAD BY MARIJANE AND MERVIN FRANCIES Mr. Kirkup advised this was a request to transfer the lease of the present operator, Mr. Cho, to the applicants who plan to continue the operation with no changes. Application is complete. Item set for -hearing January 22, 1979. January 8, 1979 Burlingame Planning Commission Minutes Page 6 It was noted this agenda carried two applications for coffee shops in buildings next door to each other. Commission requested a staff survey of the number of coffee shop type restaurants (with number of seats) in the industrial area,. 12. SPECIAL PERMIT TO ALLOW THE 7 -ELEVEN STORE AT 975 ROLLINS ROAD TO OPERATE 24 HOURS PER DAY, 7 DAYS PER WEEK, BY DAVID C. CARR, ESQ. FOR THE APPLICANTS City Attorney Coleman advised the City Council had upheld the previous determination of the Planning Commission that the hours of operation of this store were understood to be 7:00 A.M. to 11:00 P.M. The incidence of robberies at such stores, and this one in particular, was discussed. Commissioner Mink requested further clarification of Attorney Carr's statement on page 5 of his January 3, 1979 letter: ". . . because of changed circumstances since 1967 What are these changed circumstances? Item set for hearing January 22, 1979. 13. DRAFT ENVIRONMENTAL IMPACT REPORT, EIR-51E, FOR THE WASTEWATER RECLAMATION PROJECT, PREPARED BY EARTH METRICS INCORPORATED FOR THE CITY OF BUR:LINGAME This DEIR was forwarded to Commission for information prior to study and public hearing. Commission action will be on the DEIR itself, not the project. Item set for hearing February 14, 1979. 13a. DORE SUBDIVISION MAP This new tentative map was required because the previous map expired before the improvement work had been completed and the map recorded. City Engineer Kirkup referred to Assistant City Engineer's memo of January 5, 1979 which outlines improvement items yet to be completed and a new recommended condition to prohibit vehicular access to Rollins Road from Lots 1 and 2. Item set for hearing January 22, 1979. OTHER BUSINESS 14. DRAFT ENVIRONMENTAL IMPACT REPORT, EIR-50P, FOR THE RECLASSIFICATION TO THE R-3 DISTRICT OF THOSE R-1 PORTIONS OF PROPERTY AT 911/915/927 EL CAMINO REAL, PREPARED BY CHARLES ELEY ASSOCIATES FOR CITY OF BURLINGAME City Engineer Kirkup noted this EIR had been forwarded to Commission with the packet of material for this meeting. It appears to be complete and staff recommends it be set for hearing. Item set for study January 22 and public hearing February 14, 1979. 15. RECLASSIFICATION OF THE BEN-SIMON PROPERTY 16. TENTATIVE PARCEL MAP FOR THE BEN-SIMON PROPERTY City Engineer advised these items will be studied January 22, 1979. He noted the average setback had been found to be larger than that used for the design of the original plans, and advised there were also several combinations which could be used to combine these properties. 17. LEGAL PROCEDURES AND REQUIREMENTS FOR COMMISSION MEETINGS City Attorney's December 12, 1978 memo had been circulated to Commission. He advised these legal procedures for commissions had been based on the rules and regulations adopted by the Planning Commission last year. Burlingame Planning Commission Minutes January 8, 1979 Page 7 City Engineer advised of a parcel map for property at 1530 Rollins Road which had been filed this date; it may appear on the January 22, 1979 meeting agenda for action. Commissioner Mink noted the concern of Commission with regard -to Planning Commission Resolution No. 16.-75. Staff was requested to put the matter of condominium conversions on a subsequent agenda so that.Commission might study matters relating to these concerns: parking for visitors; separate utilities for each unit, including water; and the matter of open space. With regard to the plumbing, City Engineer Kirkup advised he would like to have members of the building trades it) attendance when this is discussed to give Commission some of the practicalities involved. CITY PLANNER REPORT Mr. Kirkup advised of the League of California Cities Annual Planning Commissioners Institute to be held in Monterey at the Del Monte Hyatt House, February 21-23, 1979. ADJOURNMENT The meeting adjourned at 10:30 P.M. Respectfully submitted, Everett K. Kindig Secretary