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HomeMy WebLinkAboutMin - PC - 1970.09.28CITY OF BURLINGAME PLANNING COMMISSION COMMISSIONERS PRESENT COMMISSIONERS ABSENT Cistulli Jacobs Kindig Mink Norberg Sine Taylor CALL TO ORDER September 28, 1970 OTHERS PRESENT City Attorney Karmel City Engineer Marr A regular meeting of the Burlingame Planning Commission was called to order on the above given date at 8:00 p.m., Chairman Sine presiding. D^T T n7% T T The above -named members were recorded as present. Chairman Sine announced that the City Planner is -on vacation and absent from the City. MINUTES The minutes of the regular meeting of August 24 and the study meeting of September 14, 1970, submitted to members previously, were approved and. adopted. MAPS - EDWARDS INDUSTRIAL PARK Chairman Sine announced that at the last study meeting, the Commission was presented with a proposed resubdivision of Lot 5, Edwards Industrial Park, on Rollins Road and Edwards Court; that comments from staff indicated there were no problems with respect to public improvements and the subject was referred to the regular meeting for formal consideration. Mr, Clayton Del Secco, representing the applicants, advised that the large -sized parcel (1-3/4 acres) has been subdivided to create two lots; the subdivision has been accomplished to meet city standards and a potential buyer is interested in acquiring one of the parcels. In reply to an inquiry from the Chair, the City Engineer advised that in the interim, the applicant has furnished his office with a large map and tracing and if the resubdivision is approved by the Commission, the parcel map requires the signature of both the Chairman and the ,Secretary for recording processing. A motion was thereafter introduced by Commissioner Mink that the resub- division dividing Lot 5, Edwards Industrial Park into two parcels, as indicated on the parcel map be approved. The motion was seconded by Commissioner Cistulli and unanimously adopted by Roll Call vote. Chairman Sine requested t_hat,the scale in feet be inserted on the parcel map. HEARINGS/�8 /70 1. WEST BAY APPLICATION STORE TRUCKS ROLLINS ROAD Chairman Sine announced the continuation of a public hearing from a regular meeting of the Commission on July 27, 1970, on the matter of the West Bay Express & Drayage Company's application for a special permit to store trucks on a lot located at 1330 Rollins Road. Commissioner Kindig recalled that the applicant.was requested to present more definitive plans for the improvement of the subject lot. Mr. Ray Moore, -West Bay Express Company operator, advised that his company has received a favorable bid from a firm to rock and oil the area proposed for the storage of trucks and that its acceptance will be contingent upon the granting of the special permit. Questioned by the Chair, the City Engineer advised that his concern was that the area be suitably paved to particularly alleviate the problem of dust. Discussion arose on the general unattractiveness of the lot that will require considerable 'housekeeping" to improve its appearance. Mr. Moore advised that efforts will be expended to improve the area. A motion was introduced by Commissioner Cistulli that the application of the West Bay Express & Drayage Co. for a special permit to store trucks on the lot at 1330 Rollins Road be approved, subject to surfacing and maintenance of the area. The motion was seconded by Commissioner Mink and unanimously adopted upon Roll Call. The applicant was advised that the special permit shall become effective on October 5, 1970, if not appealed. The Chair informed Mr. Moore that a recently adopted Ordinance (No. 923) stipulates that failure of an applicant to comply with a "conditional use permit" is subject to review by the Planning Commission. 2. CHRIST EVANGELICAL LUTHERAN CHURCH C' 9IR F/70 REQUEST SPECIAL PERMIT FOR A SCHOOL Chairman Sine announced that a public hearing had been scheduled on this date to consider the application of the Christ Evangelical Lutheran Church of Burlingame, 2828 Trousdale Drive, for a. special permit to use a portion of an existing building on the church property for school purposes. The Secretary referred to the application wherein it was stated that the special s p permit was applied for to_allow_"the use of said building for -2- holding a pre-school school for children through Friday, between the hours of 9:00 new construction would be required as far It would be necessary to construct a play diagram attached hereto." aged 2-1/2 to 5 years, Monday a.m. and 3:30 p.m. No as building is concerned. yard fence as shown on the An accompanying communication from Rev. Stewart D. Millon, President, and Pastor of the Church, dated September 14, 1970, explained in some detail, the activity proposed, the changes that will be required on the grounds surrounding the Church building and the desire of the operators of the "Alpha Schools" system to expand their present Marin County operation to the northern Peninsula Area. The communication also requested that permission be given to erect an appropriate sign designating the school. Rev. Millon, in addressing the Commission, advised that he wished to clarify a point raised by the City Planner concerning the condition of a lot adjacent to the Church building (bayside) in that it was sold by the Church officials several years ago and the new owners are improving its appearance. Rev. Millon stated that Mrs. Patricia C. Barbera, Alpha School operator, in conference with the County Department of Welfare, has been advised by that agency that the number of children will be limited to forty; the Fire Inspector, familiar with the grounds and the building, has indicated that safety standards required can be satisfactorily met and that he would so inform the Planning Commission. The Chair confirmed that a telephone call received from the Fire Inspector stipulated that the installation of a fire alarm bell would be'required. Rev. Millon advised that the school operators will meet with the representatives from the Welfare Department on October 6; however, that agency's approval is conditional upon the granting of the use permit. In reply to inquiries from Commissioner Cistulli, Rev. Millon stated that the school will not be affiliated with the Church; it will be privately -controlled, open to accommodate the public and that insofar as "profits" are concerned, there is only the matter of a rental agreement between the school operators and the Church. The Chair invited further comments from those in favor of the project. Hearing none, the privilege of the Floor was extended to those in opposition. Mr. G. J. Gica..a, 2835 Trousdale Drive, addressed the Commission, stating that he was r-presenting several of the nearby property owners, who, while not opposing the objectives of the school, they were.concerned with the location of a school in an area acknowledged to be extremely hazardous traffic -wise and recalled several incidents to illustrate his point. Mr. Gioana stated that Trousdale Drive is a "speed zone" and suggested that'the Planning Commission consider either the installation of a - 3 - signal.__ at Sebastian 'Way and Trousdale Drive or a signal with a flashing light, or that the school employ its own private patrol. The City Engineer, commenting on the suggestion of additional signals, stated that a survey conducted by the Police Department would be first required for report and recommendation.to Council; Trousdale Drive is a major thoroughfare and stop signs are installed at all street intersections entering Trousdale Drive and that it was his personal opinion that additional stop signs would not be a deterrent to speed. The Chair referred to the Commission for comment. Commissioner Kindig questioned the portion of the church that will be allocated to school usage and the schedules of class attendance. Rev. Millon advised that only the ground floor and the parking area at the front of the church would be reserved for the school; classes would be conducted five days per week, during daylight 'hours only, and that the children will arrive and depart between the hours of heavy commuter traffic. To inquiries from Commissioner Taylor, Rev. Millon advised that the parkinc area at the rear of the building will be closed when the playground is in use; however, there are more than the required number of parking spaces available and there is no ingress or egress from Sebastian Way into the church property. Further inquiries from Commission members were concerned with the method of driving in and out of the grounds when depositing and picking up the children during school hours, the issuance of a special permit to a church for the "use of the school" and the agency liable for possible injury to the children. Rev. Millon agreed that the special permit should be issued to the Church and that the Church would carry adequate liability insurance coverage. Commissioner Mink questioned whether the request for permission to erect a sign on the premises alerting the public to the location of the school would be processed as a separate issue, with the Chair replying in the affirmative. Commissioner Kindig questioned whether it is within the prerogative of the Commission to limit attendance to "not more than forty students." Rev. Millon stated that the Welfare Department has stipulated a maximum of forty students; however, he would request the privilege of being permitted to increase the number if circumstances were so warranted. Commissioner Cistulli spoke on the reputation of Trousdale Drive as a "speedway" and in stating that although not in disagreement with the establishment of a school, he was concerned, however, that the proposed seventy-foot turn -around area was too restrictive and a back-up of automobiles depositing the children at the school may create a traffic hazard on Trousdale Drive. Commissioner Cistulli suagested that a portion of the corner lot be made available to provide an exist to Sebastian iTay. - 4 - Rev. Millon spoke on the safety procedures the school operators will employ to protect the children's arrival and departure and stated that the cost would be too prohibitive to provide an exist on Sebastian Way. Rev. Millon's suggestion that permission be granted to create a second driveway area, was referred to the City Engineer, who explained the procedure in obtaining an encroachment permit from the Department of Public Works. Chairman Sine expressed concern with the proposed "volunteer bussing" of children and the adequacy of the driver's insurance coverage. Mrs. Patricia Barbera, Alpha School operator, stated that bus service is available to the children at the San Rafael facility but it is not proposed for the subject school; those using their own means of transportation are covered by their individual policies. Mrs. Barbera advised that the number of cars arriving for morning sessions average from nine to eleven cars over a twenty-five minute spread in time, based on experience noted at the San Rafael facility. Chairman Sine also referred to the proposed school being housed in a church building that does not meet earthquake -proof standards, a requirement in the construction of schools. Rev. Millon advised that he could not directly reply, other than the proposed school must -meet regulations set by the Department of Health and Welfare and that the Church itself will provide a better than average facility. Considerable discussion arose thereafter on the traffic conditions on Trousdale Drive, particularly hazardous at the intersection at Sebastian Way; the imminent danger in making left-hand turns on Trousdale Drive into the church property and thee --concern for the safety and welfare of the children attending the ---school. Mrs. Barbera referred to a similar traffic problem in the area of another Alpha School, stating that through the efforts of the operators of the school, motorists were educated to adopt a policy of "right -hand - turns" only. Commissioner Kindig suggested that the subject be continued and further discussed at such time as the traffic problem may be resolved. Commissioner Cistulli questioned whether a delay would resolve the issue; the street (Trousdale Drive) has become a "speedway" and a problem would still exist whether a left-hand turn or a right-hand turn policy were adopted. Commissioner Kindig stated that it is the responsibility of the applicant to offer solutions relating to traffic problems that have been under discussion. Rev. Millon expressed his willingness to continue the hearing to the next regular meeting in anticipation that some alternative may be advanced at that time. - 5 - Commissioner Mink suggested that the applicant confer with the Police Department on the subject of traffic conditions and with the Department of Public Works on the procedure required to install a second driveway. The City Attorney advised that the hearing must be continued to a definite date, with an•option to declare a continuance at that time and reminded Commissioners that some members of the City's staff will be attending the League of California Cities Convention in San Diego and shall be absent from the regular October meeting. An informal poll of Commission members indicated there was no objection to continuing the hearing to an adjourned meeting, Wednesday, October 14, 1970. (Prior to study meeting) Commissioner Norberg recommended that the applicant seek the services of a technical- advisor in the matter of traffic. RECESS A recess was declared by the Chair at 9:30 p.m. -RECONVENE The meeting was reconvened by Chairman Sine at 9:40 p.m. -HEARINGS (Continued) 3. WITS AIR CARGO SERVICE TRUCK TERMINAL ROLLINS ROAD The Chair announced that a public hearing had been scheduled to consider the application of Wits Air Cargo Service, for a special permit to operate a trucking terminal at 1348 Rollins Road. The Secretary read a letter from Rod Brandt, District Manager, dated September 4, 1970, accompanying the application, advising that the enterprise, owned by Wits Inc., Seattle, Washington, is an air freight forwarder and that the Rollins Road operation will receive freight from all the. airlines for distribution; the company, at present, owns one eighteen foot bob tail truck and four van type trucks using the dock facilities for receiving and delivering freight and that there are no plans to use trucks larger than eighteen feet long. Mr. Brandt, representing the company, advised that a special use permit to conduct a similar operation at 1336 Carolan Avenue has been approved previously and that a precedent has been established in the immediate area by trucking companies being permitted to operate on either side of 1348 Rollins Road.; the application before the Commission therefor should be approved. Commissioner Kindig questioned whether the gasoline pump on the property will be placed in operation and whether parking would be provided to accommodate employee cars. Commissioner Kindig also commented on the unsightly appearance of the small red fences and the front of the property in general. Mr. Brandt advised that the Union Oil Company will remove its pump, employee parking has been provided, the building will be painted and the entire site will be cleared and improved. Commissioner Mink referred to the study meeting and to comments with respect to paving an area to the front of the loading dock. Mr. Brandt indicated that an adequate surfacing would be provided. Commissioner Mink, pointing out that the nature of the operation creates maintenance problems, thereafter moved that a special use permit be granted to Wits Air Cargo Service, seconded by Commissioner Kindig and uanimously adopted by Roll Call vote. The applicant was advised that the special permit. shall become effective October 5, if not appealed. 4. RAILROAD DEPOT COFFEE SHOP l JOSEPH FENA RE: SPECIAL PERMIT The Chair announced that a formal hearing had been scheduled on this date to consider the application of Mr. Joseph Fena, 1035 Chula Vista Avenue, for a special permit to operate a "snack bar" in a portion of the waiting room of the Southern Pacific Depot on. Broadway and California Drive. A letter from Mr. Fena, dated August 10, 1970, accompanying the applica- tion, advised that alterations are proposed to enlarge a portion of the building to provide a food service to commuters and to other residents within the area. The Chair recognized Mr. Fena, who referred to a request made by the City Planner at the study meeting that the Commission be furnished with information as to his lease arrangement with the Southern Pacific Company. A copy of the lease was presented to the City Attorney for review. A series of inquiries were directed to Mr. Fena, who referred to his drawing of the proposed center room alterations, advising that spaces will still be reserved for those Southern Pacific Company employees who are selling train tickets and also for waiting room accommodations; hours of operation will be determined by the demand for the service; initially, coffee, sandwiches and bottled soft drinks will be offered for sale; in the future, the restaurant may be expanded to serve Italian dinners, possibly -to 10:00 p.m., with an application made thereafter to obtain a wine and beer license; the new stucco wall will be painted in keeping with the Depot decor and the area now used as a waiting room will, by the alterations, provide more seating space. Mr. Fena assured the Commission that the restaurant will not cater to an element prevalent at another restaurant located adjacent to the railroad. There being no response to the request of the Chair for comments from those either in favor or in opposition, the hearing was declared closed. - 7 - Commissioner Min% introduced a motion that a special permit be granted, subject to the following conditions: that the (1) hours of operation shall be no later than 10:00 p.m. (amended at the request of Mr. Fena to 11:00 p.m.) (2) application be granted to Mr. Fena exclusively; (3) operation be conducted in compliance with the terms of the lease with the Southern Pacific Company and (4) granting of the special permit shall not create a precedent for a similar or any other use of Southern Pacific property or any other unclassified land. The motion was seconded by Commissioner Cistulli and unanimously adopted upon vote by Roll Call. The City Attorney, having completed his review of the lease, advised the Commission that as presented, it is not a valid lease, in that it is unsigned, there are blanks to be appropriately filled in, there is a reference to Mrs. Frances Fena in the lease and no reference to the applicant, Mr. Joseph Fena. Mr. Fena stated that it was his understanding that the Southern Pacific Company would execute the lease upon notification that the special permit has been approved; that although his Mother now leases an area within the Depot, the restaurant would be his responsibility. Following further discussion, Commissioner Mink moved that the action taken to approve the Special Permit be rescinded, seconded by Commissioner Cistulli and adopted unanimously upon Roll Call vote. Commissioner Mink stated that he originated the motion to forestall possible involvement with a variety of tenants. The City Attorney suggested that a copy of the executed lease be submitted by Mr. Fena to the Commission, stipulating that he is the tenant or that there is an assignment of the lease. The subject was thereafter continued to an adjourned meeting of the Commission on Wednesday, October 14, 1970. Chairman Sine recommended to Mr. Fena that he consult with his own attorney. NEW BUSINESS None ADJOURNMENT Commissioner Mink moved that the meeting be adjourned to Wednesday, October 14, 1970, at 8:00 p.m. for the purpose of continuing the consideration of the following: (1) The Christ Evangelical Lutheran Church special permit application and (2) The Joseph Fena application for a special permit. TIME OF ADJOURNMENT: 10:30 p.m. Respectfully submitted, EVE RETT K. KINDIG, Secretary