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HomeMy WebLinkAboutMin - PC - 1964.08.24CITY OF BURLINGAME PLANNING COMMISSION August 24, 1964 COMMISSIONERS PRESENT COMMISSIONERS ABSENT OTHERS PRESENT Brauner Cistulli Edwards Kindig Norberg Pierce Stivers CALL TO ORDER None City Attorney Karmel City Planner Mann City Engineer Marr Councilman Diederichsen A regular meeting of the Burlingame Planning Commission was called to order on the above date at 8:05 ram,, Chairman Cistulli presiding, ROLL CALL The above -named members answered the Secretary's roll call, Chairman Cistulli welcomed Mr, Edwin L. Pierce, newly appointed Commissioner, MINUTES rMinutes of the meetings of July 27 and August 10, 1964, previously sub- mitted to members, were approved and adopted, _HEARINGS Chairman Cistulli announced that item No, 4 on the agenda under "Hearings" would be considered first to be followed by the regular order of business. W.J. THOMPSON SPECIAL PERMIT FOR STORAGE AND PLAYROOM STRUCTURE. DENIED, An application filed by Mr. William J, Thompson requested Special Permit for a playroom and storage room in a two-story accessory building to be constructed in the rear yard of the property at 2701 Mariposa Drive (Lot 46, Block 36, dills Estate No, 13), A written statement from the applicant explained that the building will include an area to be used as a dressing room for the swimming pool, storage space for pool equipment and patio furniture and a play area for the children. A set of pencilled sketches of the proposed construction accompanied the application. A letter dated August 17, 1964, was read from Mr, and Mrs, Carl Geiger, Jr., 2709 Mariposa Drive, protesting a two-story structure. A letter dated August 24, 1964, signed by Mr, and Mrs. Richard V. Patton, 2801 Aariposa Drive; Esther Moiseeff, 2809 Mariposa Drive, and Frances J. Burdick, 2805 Mariposa Drive, referred to subdivision Declara- tions of Restrictions of record prohibiting construction of the type of .'cture proposed; protested that the construction would obstruct the ;w of adjacent property owners and detract from the aesthetic values the area. Chairman Cistulli recognized Dare Thompson who stated that the building will be approximately the same height as the existing dwelling, approx- imately 15 feet, and should not interfere with neighboring properties. Chairman Cistulli invited comments from those in favor. There were none. The City Planner, in response to the Chairs invitation to comment, described the property in detail, pointing out that because of the shape of the lot and the location of the house some distance to the rear of the property, the back yard area is quite shallow; there is a great deal more front yard than is usual. He stated that the distance between the eaves of the house and the rear property line is approximately 22 feet; allowing four feet of open space between the existing house and the new structure, there remains approximately 18 feet of property on which to build. The City Planner noted that rumpus or playrooms are permitted when approved by the Planning Commission and, under certain conditions, an accessory structure may be built on the property line. fie stated that the two-story height proposed by the applicants is a matter of some concern since Mr. Thompson intends to build in such a way that,with the exception of four feet, building walls will extend in almost a straight line on the property line. The City Planner suggested, should the Commission grant the permit, that the ceiling heights of the rooms be limited to prevent their use as dwelling quarters; a height of 6-1/2 feet was suggested. Mr. Thompson informed the Commission that 6-1/2 feet ceiling height would be acceptable. Chairman Cistulli invited comments from those in opposition. Airs, Harold T. Gruner, Way; Air. C.11. Marshall, Drive; Air. R.S. Wilson, 2817 Las Piedras Drive; permit for the reasons division deed restricti unattractive and detrac 2713 Mariposa Drive; Mrs. S. Hovsepian, 1800 Montecito 2705 Mariposa Drive; Mr. E. Erickson, 280S Las Piedra! 2821 Las Piedras Drive; Mr. M.L. Cerould, Mr. L.E. Freeman, 1701 Toledo Avenue, opposed the that the proposed structure is in violation of sub- ons, will block the view of adjoining properties, be t from the area generally. Mr. John C. Bauer, #2 Rio Court, President, Mills Estate Home Owners Association, reported that to date plans for the proposed structure have not been submitted to the architectural control committee as required by subdivision deed restrictions. Commissioners were invited to comment. Commissioner Stivers inquired whether Mr. Thompson would comment on the issues raised by the protestantso 2- Thompson maintained his position that the structure should not inter - .ere with his neighbors but, in an effort to meet the objections, he stated that he would be willing to make some modifications in design. Referring to the Declaration of Restrictions pertaining to Mills Estate Subdivision No.. 13, Commissioner Pierce inquired whether such restrictions are officially recognized by the Planning Commission. The City Attorney replied in the negative explaining that the deed restric- tions are a contract entered into by the property owners; the city is neither a party to the contract nor enforces the restrictions. Following a period of disiamsion during which Mr. Thompson replied to Commission inquiry concerning the construction, Commissioner Brauner com- mented that although the building can be legally built and the Commission need not recognize the deed restrictions, in his opinion the position of the property owners and their concern for the amenities should be con- sidered. On the basis that the building proper would be undesirable in the area, Commissioner Brauner introduced a motion to deny the permit for the use. Motion seconded by Commissioner Edwards and declared carried unanimously on roll call vote. The applicant was advised of his right of appeal to the City Council. 'The hearing was declared concluded. RESUBDIVISION. Combining Lots in Block 2, East Millsdale Industrial Park, Unit No. 1. A resubdivision map of properties in Block 2, East Hillsdale Industrial Park, Unit No. 1, filed with the City Engineer by the owners, Ryan and Company, et al., proposed to combine the northwesterly 60 feet of Lots S, 6 and 7 with a previously resubdivided parcel consisting of Lots 2S through 30 to create a single large parcel, designated Parcel "A", having street frontage on Cowan Road; and to combine the remaining south- easterly 175 feet of Lots 5, 6 and 7 into one parcel to be designated Parcel "B" with frontage on Mitten Road. Mr. Robert Ryan,representing the applicants, stated that the area to be added to Parcel A will provide additional on -site parking for the exist- ing building; a new building and the required parking will be constructed on Parcel B. The City Engineer and City Planner indicating that there were no problems of concern to their departments and there being no comments from the floor, pro or con, a motion introduced by Commissioner Kindig, seconded by Commissioner Norberg, approved the resubdivision in accordance with the map on file with the City Engineer. Motion carried unanimously on roll call vote. -3- A, MAP. ANZA AIRPORT PARK SUBDIVISION, :e final map of Anza Airport Park, Unit No, 1, a portion of the indus- -rial lands of Keyston, east of the channel, was submitted to the Com- mission for formal consideration by Mr. David Keyston and the project engineer, Mr. Howard C% Hickey. The City Engineer, in reply to Chairman Cistulli, informed the Commission that the latest proposed name for the cul-de-sac street "Beach Road", has been submitted to the three neighboring cities for their comments. IIe stated that the map must include the street name and a description of the Pacific Cas and Electric Company right-of-way before submittal to the City Council for final acceptance. The City Planner pointed out that the cul-de-sac street is longer than ordinarily permitted because of the terrain which dead -ends at the channel. Ile stated that there is provision on the map for extension of the road should the channel be bridged at some future time. The City Engineer, in reply to Commission inquiry, confirmed that the developers have agreed to install sidewalks on both sides of the street, also pointed out that the map includes setback lines, which the Commission requested. The City Attorney stated that the Bay Front Channel will be dedicated to the city as a drainage easement - dedication to appear on the title page of the map. 'There were no comments in opposition to the map. On a motion introduced by Commissioner Kindig, seconded by Commissioner Edwards, the final map of Anza Airport Park, Unit No. 1, was approved with the understanding that the cul-de-sac street name and the description of the Pacific Cas and Electric Company right-of-way shall appear on the map when submitted to the City Council. ;lotion declared carried on the following roll call vote: AYES: COMMISSIONERS: Brauner, Cistulli, Edwards, Kindig, Norberg, Pierce NOES: COMMISSIONERS: None ABSTAIN COMMISSIONERS: Stivers ABSENT COMMISSIONERS : None SPECIAL PERMIT APPROVED FOR RUMPUS ROOM. MR. SAM CROSS. 270 CHAPIN LANE, An application filed by Mr. and Mrs. Sam Cross requested a special permit to install a rumpus room in a portion of the garage building on the property at 270 Chapin Lane (Lot S, Block 9, Burlingame Park Subdivision No. 2) . A communication from the applicant dated August 4, 1964, informed the Commission that plans for the rumpus room include a bathroom to be used in connection with the swimming pool and a bar as an accessory to the barbecue patio. A plot plan accompanied the application. -4- r ) The City Planner, in reply to the Chair's request to review the back- ground of the application, explained that Mr. Cross was granted a build- ing permit to construct a bath house, including a shower, as an extension of the garage at the rear of the property, to be used in connection with the swimming pool. He stated that when the building inspector was called to the property by the plumbing contractor for inspection he discovered additional construction, including a rumpus room, for which no building permit had been issued. The City Planner stated that Mr. Cross was informed of legal requirements pertaining to rumpus rooms, including approval by the Planning Commission of a use permit. In reply to Commission inquiry, the City Planner confirmed that lot coverage is legal. lie mentioned that as a result of the rumpus room addition the garage area was reduced from a two -car garage, which may create a problem depending on the number of bedrooms in the home. If two bedrooms, the one car garage is legal. The City Planner mentioned that'the area of primary concern is that the room not contain cooking facilities nor become a separate rental property. Mr. Cross, in reply to Commissioner Edwards, stated that there are two bedroomsin the dwelling; he stated that there are two cars in the family but ample room in the garage to accommodate both. In reply to Commissioner Brauner, Mr. Cross stated that the rumpus room addition would not become a rental unit under any circumstances because of its location in relation to the patio and swimming pool. tie stated that there are no cooking facilities existing nor is it intended that there shall be any. Commissioner Kindig stated that he visited the property and agrees with Mr. Cross that due to arrangement and location the room would not lend itself to tenant occupancy. In reply to Chairman Cistulli, Mr. Cross explained that the work was delayed temporarily and when the contractor returned to continue the project it was assumed that all of the necessary permits were in order. In reply to the Chair's inquiry, there were no comments from the floor, pro or con. A motion introduced by Commissioner Edwards approving the special permit requested by the applicant with the understanding that the rumpus room at no time will be used as living quarters was seconded by Commissioner Norberg and carried unanimously on roll call vote. The applicant was advised the permit would become effective September 8,1964 if not appealed. The hearing was declared concluded. -S_ ARIANCE GRANTED PENINSULA CONSERVATORY OF MUSIC TO OCCUPY R-3 PROPERTY. A variance application filed by Mr. David Adler for the Peninsula Con- servatory of Music requested permission to occupy an existing building in an Ra3 (Third -residential) District and remodel said building for the purposes of a private music school. The property was identified as Lot 30, Block 1, Burlingame Park Subdivision No. 4 - 731 E1 Camino Real. A statement filed by the applicant contained the information that the property has a frontage of 91 feet on El Camino Real, is adjacent to the Seventh Day Adventist Church and in close proximity to the Hillsborough Town Hall; the building to be occupied by the conservatory is a two- story structure formerly used as a dwelling; three other residential buildings on the property will remain in their present use. A plot plan prepared by Leonard Michaels, architect, accompanied the appli- cation. A communication dated August 15, 1964, was read from Nancy Ingber Brown, 733 Walnut Avenue, Burlingame, favoring the variance,. Chairman Cistulli recognized Grrus J. McMillan, attorney representing the applicgRt�who stated that the school use will be confined to the first floor -of the two-story building; it is not proposed to utilize the second story. -tr. McMillan reminded members of the Commission that the facility has operated locally for -nany years but was forced by the Parking District to vacate its previous location on Donnelly Avenue. Mr. McMillan explained that the school specializes in private instruction so that ordinarily there would be no more than four to six teachers in attendance at one time with one pupil to each class. Referring to the parking layout on the plot plan, Commissioner Kindig questioned whether there would be 'sufficient on -site parking to accommodate the purposes of the school as well as the other residential units on the property. Mr. Adler stated that the 13 spaces would be adequate. Mr. McMillan pointed out that there is ample area to provide additional parking. A letter dated July 20, 1964, from the City Fire Inspector outlined generally fire safety restrictions for school occupancy. The communication stated that when detailed plans for the use are submitted further specific recom- mendations will be made to bring the building to code. The City Planner stated it was his understanding that the fire inspector •ecommended to the applicants that the building's second story not be used !or school purposes. Air. McMillan confirmed that the applicants had been so informed. A motion introduced by Commissioner Brauner approving the variance conditional -6- upon the applicants compliance with all applicable building and fire code regulations for school occupancy and installation of no less than the umber of parking spaces shown on the plot plan. Motion seconded by bmmissioner Kindig and declared carried on the following roll call vote: AYES: COMISSIONERS: Brauner, Cistulli, Kindig, Norberg, Pierce NOES: COMMISSIONERS: Edwards, Stivers ABSENT COMMISSIONERS: None The applicant was advised the variance would be effective September 8,1964, if not appealed. The hearing was declared concluded. RECESS, Chairman Cistulli declared a recess at 9:3S p.m. CALL TO ORDER The meeting was called to order at 9.4S p.m., Chairman Cistulli presiding. RECLASSIFICATION. CERTAIN PROPERTIES IN LYON & HOAC SUBDIVISION FROM R-1 (Single-family) to R-3A(Low-density Multi -family). (CONTINUED) ,he Planning Commission on its own initiative scheduled a Public hearing to consider rezoning certain parcels of real property in the Lyon $ Hoag Sub- division of the Town of Burlingame, particularly described in the Notice of bearing, copy of which notice marked "Exhibit A" is attached hereto, incorporated herein and made a part of these minutes as fully as if set forth, from R-1 (Single-family) District to R-3A (Low -density Wiulti-family) District. Chairman Cistulli announced that in accordance with public notice the hearing would proceed at this time and thereafter invited the City Planner to introduce the subject. Posting a plat of the area bounded by Anita Road and Dwight Road, Burlingame Avenue to Peninsula Avenue, distinctively marked to identify the properties under discussion, the City Planner pointed out that the existing multi -family dwelling zone (R-3) has produced, in some instances, crowding of properties and rather a high density situation. The Planning Commission, after considerable study and a series of public hearings, recommended to the City Council adoption of a new zoning classification: R-3A, a low - density apartment zone, Reading from Ordinance No. 804 "Regulating The Use of Real Property In R-3A (Low -density Multi -family) District", the City Planner explained building regulations, height limitations, special garage and landscaping •equirements. The City Planner explained that the Planning Commission agreed to attempt the new R-3A zoning in a small area of the easterly section of the city, which had been the subject of a recent land use study. -7- The Chair invited comments from the floor. Mr. D.N. Larson, 721 Bayswater Avenue,'inquired whether there are existing ;ibuildings under the R-3A zoning. The City Planner replied in the negative, explaining that there are no properties now zoned R-3A; he stated that some apartments permitted by variance on the westerly side of Capuchino Avenue would definitely fit the pattern, In reply to an inquiry from Air. Rex Uhl, 800 [toward Avenue, concerning setbacks, the City Planner recited existing front and side setback require- ments, pointing out that the basic setback law has not been changed. Mr. A.E. Glenn, 600 Bayswater Avenue, stating that his property is not in the proposed new zone, questioned whether the Commission would con- sider extending the zoning boundaries. The City Planner stated that the notice of hearing described the properties; in the course of the present deliberations, the Commission may reduce but not add to those properties. In reply to a further inquiry from Mr. Glenn whether excluded property owners may petition for rezoning he was informed that this would be per- mitted at any time. Air. R.W. Boyd, 609 Bayswater Avenue, questioned the reason for placing the zoning line at the rear of the properties rather than from street to street. The City Planner stated that the line should be at the rear rather than the middle of the street so that similar properties face each other. Commissioners Kindig, Brauner, Norberg and Edwards commented on the pros and cons of the issue, pointing out that the Commission selected a small restricted area simply as a means of expediting application of the zoning. A letter dated August 20, 1964, from Reginald E. Moorby, Fire Chief, to the City Engineer reported that water flow tests made recently in the eastern section of the city in connection with the R-3A zoning established that the flow is considerably less than that required for fire protection, considering construction, areas and exposure of the types of buildings which would be built under the contemplated zoning. The communication stated also that the hydrant distribution in the area is deficient for the new zoning, requiring additional installations. The City Engineer informed the Commission that there has not been sufficient time to determine the necessary improvements to meet the specifications of the fire department and the fire underwriters if the area were to be rezoned. In reply to the Chairs inquiry concerning cost, the City Engineer stated that a study must be made to determine cost figures. The City Planner commented that the city as a whole should not be burdened by the cost of the improvements but the property owners who would benefit. =8- ,ie City Engineer reported that an assessment district cost is based on .senefit to be derived. A property within the boundaries of an assessment / district, not rezoned, would pay less than the property to be rezoned. ,,Mr. Cordon Brown, 118 Myrtle Road, questioned the adequacy of the sewer system. The City Engineer, commenting that the inquiry merited attention, stated that if additional sewer facilities were required the cost would be less than water service improvements. Mrs. Carol llohl, 216 Bancroft Road, expressed concern that the only elementary school in the area would be burdened. Mr. D.H. liohl, same address, elaimed that the better properties would not benefit; the homes would not increase in value and the owners would face the possibility of an apartment building as a neighbor. Commissioner Kindig, commenting that he believed the majority of the people in the area recognized the Commission's reasons for considering the rezoning, pointed out that while there are many well -maintained homes, which should not be changed, some of the older properties have been neglected and are in poor condition; these are of concern to the Commission. Commissioner Kindig stated that the Commission has learned from experience that builders and individuals are reluctant to build, new single-family dwellings in some of the older areas; it is the Commission's position that one way of encouraging redevelq)ment is permitting a somewhat higher density than single-family but not as concentrated as the existing apartment zoning. lie stated that the Commission believes that the proposed R-3A will accomplish a satisfactory transition from the existing apartment to the single-family uses. Commissioner Edwards commenting that the Commission has been furnished With a chart indicating the present use of every property in the subdivision, stated that he was in complete sympathy with those who were concerned that their homes would be disturbed. tie stated that the Commission selected a very small section for possible rezoning in an attempt to up -grade in an orderly fashion with the least disturbance to the area. Mr. J.F. Abbott, 228 Arundel Road, stated that he was in agreement with the Commission's thinking for improving the area but protested inclusion within an assessment district for public works those properties not con- sidered for rezoning. The City Engineer, in reply to the Chair, stated that every effort would be made to secure cost figures of water and sewer installations for the Com- mission's next regular meeting. Ile stated, however, that if the Commission would permit an additional time to the regular meeting in October, the information assuredly would be available. At the suggestion of the City Planner that the hearing be continued to the next regular meeting, then at that time continued further to the regular meeting in October for the purposes of the City Engineer's study, a motion introduced by Commissioner Edwards, seconded by Commissioner Pierce and unanimously carried, continued the hearing to the meeting of September 28. ADJOURNMENT Prior to adjournment at 11:15 p.m., Chairman Cistulli recognized Councilman Johnson in attendance. og- Respectfully submitted, John J. Brauner, Secretary %4C Qlity of Purtingam BAN MATED COUNTY CALIFORNIA BURLINGAME PLANNING COMMISSION NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to the provisions of the State Planning Law and Part X. Article 50 of the Ordinance Code of the City of Bur- lingame, that on Monday, August 24, 1964, at the hour of. 8:00 p.m., in the Council Chambers of the City of Burlingame in the Burlingame City Hall, 267 Park Road, Burlingame, California, the Planning Commission of said City will hold a public hearing and will consider amendment of Section 1904 of the Burlingame Ordinance Code and the Zoning Map therein incorporated by reclassifying the following properties from R-1 District (Single-family dwelling) to R-3A District (Low -density multi -family) classification: "MAP OF SUBDIVISION OF BLOCKS 22 and 24 AND RESUBDIVISION OF BLOCK 23 'IN THE TOWN OF BURLINGAME, SAN MATEO COUNTY, CALIFORNIA", which map was filed in the office of the Recorder of the County of San Mateo, State of California, on September 25, 1908 in Book 6 of Maps at page 41. BLOCK 22: Lots 2, lA, 1, 22, 21A. (800, 8049 8080 812 816 Howard Avenue). Lots 3 through 9. (209, 21S, 217, 22.1, 22S, 2290 233 Arundel). Lots 10, 10A0 11. (8010 8059 809 Burlingame Avenue). BLOCK 23: Lots 1, IA, 2. (8080 8049 800 Bayswater/105 Arundel Road). Lots 3,4, S, 7. (109/1119 1159 117, 133/13S Arundel Road). 1IMAP NO., 1 TOWN OF BURLINGAME", which map was filed in the office of the Recorder of the County of San Mateo, State of California, on March 1S, 1897, in Book "B" of Maps at page 18, and a copy entered in Book 2 of Maps at page 87. BLOCK 22: 75 ft. x 200 ft. on Burlingame Avenue, commencing 75 ft. from Anita Road. (811 Burlingame Avenue). BLOCK 23: Lot 6. (125 Arundel Road). "MAP OF WISNOM RESUBDIVISION OF BLOCK 24 OF THE TOWN OF BURLINGAME, SAN MATEO COUNTY, CALIFORNIA" filed in the office of the Recorder of County of San Mateo, State of California, October 11, 1916, in Book 10; of Maps at page 14. BLOCK 24: Lots 2, 39 4. (807, 809, 811 Bayswater Avenue) Lots 26 through 33 and Lot 1. (90 15, 17, 21, 25, 27, 29, 33 and 41 Arundel Road). 11MAP OF LYON I HOAC SUBDIVISION OF THE TOWN OF BURLINGAME", which map was filed in the office of the Recorder of the County of San Mateo, State of California on July 16, 1906 in Book "B" of Maps at page 20, and a copy entered in Book 4 of Maps at page 26. BLOCK 25: Lots 3 through 9. (9, IS, 17, 210 2S, 290 31/33 Bloomfield). Lots 10, 10A, 11, 12, 12A, 13. (701, 705, 7090 711, 715, 721 Bayswater Avenue). Lots 14 through 20. (36, 32, 24, 180 16, 140 12 Arundel Road). BLOCK 26: Lots lA, 10 220 21A. (704, 7089 7129 716 Bayswater Avenue). Lots 21, and 14 through 20. (100, 1080 110, 1160 120, 126, 1309 132 Arundel Road). Lots 100 10A, 119 13, 12A, 12. (701, 705, 709, 713, 717 [toward). Lots 2 through 9. (101/103, 109, 115, 117, 121, 123/125, 1299 133 Bloomfield Road). BLOCK 29: Lots 22, 22A. (610, 616 Bayswater Avenue). Lots 13 through 21. (1009 102, 110, 114, 116, 120, 124, 128, 1329 136 Bloomfield Road). Lots 12, 12A. (615, 617 Howard Avenue). BLOCK 30: Lots 12, 12A. (6110 615 Bayswater Avenue). Lots 13 through 20. (10, 14, 18, 20/22, 240 280 369 40 Bloomfield) At the time of the hearing, all those interested will be heard. For further particulars, a reference is made to the Office of. the City Clerk. HERBERT K. WHITE City Clerk Dated: August 14, 1964