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HomeMy WebLinkAboutMin - PC - 1970.06.22THE CITY OF BURLINGAME PLANNING CO",lMISSION COMMISSIONERS PRESENT Cistulli Norberg Sine Taylor CALL TO ORDER June 22,. 1970 COMMISSIONERS ABSENT OTHERS PRESENT Kindig City Attorney Karmel Mink City Planner r4ann City Engineer Niarr Councilman Mangini A regular meeting of the Burlingame Planning Commission was called to order on the above date at 8:00 p.m., Chairman Sine presiding. ROLL CALL The above -named members were present. Commissioners Kindig and Mink, having reported previously that they would be away from the city, were excused. SECRETARY PRO TEMPORE In the absence of Commissioner Kindig, Chairman Sine appointed Commissioner Taylor Secretary Pro Tempore. ACKNOWLEDGMENT Chairman Sine acknowledged the presence of Councilman Mangini, ex-officio member of the Commission. MINUTES The minutes of the regular meeting of.May 25 and the study meeting of June 8, 1970, previously submitted to members, were approved and adopted. MAPS 1. PARCEL MAP OF PEIRA PROPERTY, ROLLINS ROAD/I1fORTH CAROLAN AVENUE. (continued) A parcel map prepared by Howard G. Hickey, Civil. Engineer, proposing a resubdivision of the Lands of Mary Peira, lying at the westerly corner of Rollins Road and North Carolan Avenue, was reviewed at the study meeting and scheduled for formal consideration at this time. Mr. Richard Lavenstein, Lavenstein Real Estate, Burlingame,repre- sented the proponents. In response to the Chair's invitation to staff to comment, -the City Planner explained that the map will divide a large parcel of acreage into two smaller parcels -- "N" and "S", as shown. He advised that there is an existing building in the area designated Parcel N, occupied by the owners of the property; Parcel S is vacant. Indicating that there are no problems in connection with lot size or utilities, the City Engineer referred to the matter of sidewalk construction on a section of North Carolan Avenue, brought to Mr. Lavenstein's attention at the study meeting. The City Planner reported that there are two methods available whereby the owner will agree to complete the sidewalk, either by filing tentative and final maps and an improvement agreement, all: subject to acceptance by the City Council, which. the city would insist upon if this were residential property; or a guarantee that the work will be performed at such time that a building permit is obtained for the new parcel. He stated that Mr. Lavenstein is aware that the city expects a commitment from the owner. In response to Chairman Sine, Mr. Lavenstein questioned whether the sidewalk is essential, pointing out that none exist at the fire station nor at two other improved properties on the street. The City Planner stated that at one time sidewalks were not con- sidered necessary in the industrial area but that experience has proved otherwise; additionally, owners who made the improvements after the properties were developed found the costs excessive. He stated that if there is the slightest doubt as to the work being completed, that action on the map be postponed to allow staff to resolve the issue with Mr. Lavenstein and his principals. Mr. Lavenstein stated that he had no intention of objecting, that sidewalk would be constructed upon issuance of a. building permit. Commissioner Taylor questioned whether Mr. Lavenstein's verbal agreement is legally binding upon the owner and enforceable by the city. At the suggestion of the City Attorney the Chair established, through questions directed to Mr. Lavenstein, that both the property owner and the purchaser of the new lot are aware! that sidewalk will be required and that he (Mr. Lavenstein) has been authorized to speak for the owner. Mr. Lavenstein requested that the map be approved and that the principals be permitted to meet with staff to arrange a form of improvement agreement that will be mutually satisfactory. The City Attorney indicated there would be no objection to the map being approved conditionally, provided that the owner will appear personally and consent to the conditions in writing. A motion introduced by Commissioner Taylor approved the Parcel Map dated June, 1970, prepared by Howard G. Hickey, Civil Engineer, resubdividing the lands of ;nary A. Peira at the westerly corner of Rollins Road and North Carolan Avenue, subject to the two prin- -2- cipals meeting with staff the following day and filing a written agreement for construction of sidewalk on North Carolan Avenue to the specifications of the City Engineer, as a condition to the building permit for the new lot. The motion was seconded by Commissioner Norberg. A roll call vote was recorded as follows: AYES: COMMISSIONERS: Norberg, Sine, Taylor NOES: COMMISSIONERS: Cistulli ABSENT COMMISSIONERS: Kindig, Mink Chairman Sine announted that the motion, in effect, was defeated, failing a majority of 4 votes. Following comments from the City Planner on procedure, Commissioner Cistulli suggested that the matter be referred to an adjourned meeting on the date of the July study meeting. A motion introduced by Commissioner Taylor to reconsider the application at an adjourned meeting on July 13, 1970, was seconded by Commissioner Norberg and unanimously carried. ANNOUNCEMENT The Chair explained that the 4 members present constitute a quorum but that a single negative vote will have the effect of nullifying a motion to approve. The Chair, thereupon, offered the opportunity, to those concerned with an application scheduled for public hearing at this time, of requesting a continuance to the next regular meeting when the Commission expects to have a full complement. HEARINGS 1. SPECIAL PERMIT APPROVED FOR NURSERY SCHOOL, METHODIST CHURCH. Chairman Sine announced a public hearing on the application for special use permit filed by United Methodist Church, 1443 Howard Avenue, to maintain a church -sponsored nursery school (non-profit), in an existing classroom in the church building proper. The applicant's letter dated May 27, 1970, signed by Roy Damonte, (Proposed) Nursery School Administrator, stated that the school will accept children of pre -kindergarten age, maximum enrollment being limited to 24 by State law; that initially there will be 2 morning sessions weekly, to be increased to a maximum of 4 depending upon demand. The communication stated that a loading zone on Howard Avenue in front of the church and a small parking area on church -owned property on Primrose Road will be available to parents transporting the children; additionally, there is metered parking on Howard Avenue and near -by public parking lots, should the need arise. The communication advised further that State and County agencies have been contacted and that the required applications are in process. Mrs. Walter Jauch, San Mateo, represented the applicant. In response -3- to Chairman Sine, Mrs. Jauch reported that the :room proposed to be used for the purpose was inspected earlier in the day by repre- sentatives of health, building and fire departments. Mrs. Jauch stated that the permanent staff will consist of an administrator and a director -teacher, with 5 cooperating mothers to assist. There were no comments from the audience favoring or protesting the application in response to the Chair. The hearing was declared concluded. A communication dated June 22, 1970, from Howard Pearson, Inspector Burlingame Fire Department, to the City Planner was read, citing corrections and installations required for the classroom to conform to applicable regulations. A motion introduced by Commissioner Cistulli, seconded by Commissioner Taylor and unanimously carried on roll call, approved the application of United Methodist Church, 1443 Howard Avenue, to maintain a church sponsored nursery school (non-profit) in an existing classroom in the church building proper, subject to compliance with State and City regulations. The Chair announced that the permit will be effective Tuesday, July 7, 1970, if not appealed. 2. SPECIAL PERMIT FOR ACCESSORY BUILDING ON FIRST -RESIDENTIAL PROPERTY DENIED. Chairman Sine announced a public hearing on the application of Mr. and Mrs. Ray Flores, 1257 Drake Avenue, for special use permit "to convert a covered patio into a rumpus room with shower, water closet and vanity, shower to have double use for steam bath." Copies of plans and specification for the proposed work were filed. Acknowledgment was made of the applicant's letter of submittal dated June 1, 1970. A letter received in the Office of the City Clerk on June 22,1970, from Stan N. and Marie Wilson, 1252 Bernal Avenue, was read indicating no objection to the application and reserving the right to file a complaint should the noise level become intolerable. Mr. Ray Galli, Galli Construction Company, San Carlos, represented the applicants. The City Planner stated that the proposal is to add to an existing accessory structure and convert in use by finishing walls and installing plumbing, that the code provides that accessory buildings may not contain a kitchen nor become a separate rental property, and that the city maintains some measure of control and a formal record of location and use by requiring approval of a special use permit. -4- In response to the Chair, there were no comments favoring or pro- testing the application. The hearing was declared concluded. The Chair reported that he visited the property and found conditions very much as shown on the drawing --the existing work shop actually is a storage room for equipment owned by the applicant. Commissioners were invited to comment. Commissioner Cistulli stated that he was concerned not only with the question of precedent but the possibility of a change in ownership, that the present owner may be sincere in his intentions to use the proposed room exclusively for his purposes, where a--successive-owner may have no compunction about converting to a second rental unit. Commissioner Cistulli stated his position in opposition to the application on the groundsthat an addition could be made to the duelling. Mr. Galli, in response to the Chair's inquiry concerning modification of the plans, indicated no objection, subject to the owner's approval. He stated that the owner desires to cooperate fully with the city and has no intention of attempting to circumvent the law, that the opportunity of creating a separate rental unit will continue to exist, whether the room be added to or detached from the dwelling, because of conditions in the property. In response to questions raised by Mr. Galli, the City Planner con- firmed that an addition to the dwelling, for any purpose other than a kitchen, would require a permit from the building department only. He stated further that withdrawal at this point would prevent the property owner from filing a new application for the same or a similar purpose for a period of one year. He mentioned alternatives -- abandon the project, request a continuance to prepare a new plan or, upon denial by the Commission, appeal to the City Council. The City Attorney suggested that, under the -circumstances, the hearing not be continued for the reason that only the 4 members present on this occasion may vote on the application and that a problem would arise if 1-member of the 4 was not available at a future meeting. A motion introduced by Commissioner Taylor to deny the application of Mr. and Mrs. Ray Flores, 1257 Drake Avenue, for special permit to convert a covered patio into a rumpus room with full bath was seconded by Commissioner Cistulli and carried unanimously on roll call. Mr. Galli was informed of the right of appeal to the City Council. 3. LINDAL HOMES OF CALIFORNIA SPECIAL PERMIT APPLICATION (continued)'. A public hearing scheduled for this date on the application of Lindal Homes of California, 310 Lang Road, to extend their operation to an adjacent property, was continued to the regular meeting on July 27, 1970, at the request of Mr. Charles Dixon, the applicant's representative. -5- COMMUNICATIONS 1. McNAMARA CORPORATION OF CALIFORNIA PERMITTED TEMPORARY STORAGE OF TRAILER.. A letter dated June 11, 1970, from McNamara Corporation of California, 1499 Bayshore Highway, Burlingame, signed by D.N. Erickson, Manager, referred to a construction trailer owned by the company and parked in the parking lot adjacent to their office and requested permission for the trailer to remain approximately 45 to 60 days, when other storage will be available. The City Planner reported that he was informed by Mr. Erickson that records stored in the trailer will be moved into the building where their offices are located shortly after August lst, when space will be available, and that the trailer will then be disposed of com- pletely. Chairman Sine stated that 'McNamara Corporation has shown good faith in their efforts to cooperate with the city and that he had no objection to granting the request. A motion introduced by Commissioner Norberg to permit the construction trailer owned by McNamara Corporation to remain on the parking lot at 1499 Bayshore Highway until August 15, 1970, was seconded by Commissioner Cistulli and carried unanimously. NEW BUSINESS 1. PUBLIC HEARING SCHEDULED RENAMING BAYSHORE BOULEVARD. A memo from the City Planner dated June 11, 1970, in connection with the name change of Bayshore Boulevard was distributed to Com- missioners, including suggested names submitted by elementary school children and others. On a motion introduced by Commissioner Cistulli, seconded by Commissioner Taylor and unanimously carried, the matter was scheduled for public hearing at the regular meeting of July 27, 1970. 2. PROPOSED AMENDMENT TO ZONING ORDINA"ICE. A proposed ordinance amending the Municipal Code,by providing for the Planning Commission to conduct : public hearings in the matter of revocation of use permits or variance, was read. The City Planner reported that the subject was brought to his attention by a member of the City Council when that body was required to conduct such a hearing; and the City Attorney, upon investigation, learned that the method proposed here is employed by the County and other cities. A motion introduced by Commissioner Cistulli, seconded by Commissioner Taylor and unanimously carried approved the proposed code amendment "Providing For The Revocation Or Suspension Of Use Permits And Variances" and recommended adoption by the City Council. ADJOURNMENT The meeting regularly adjourned at 9:20 p.m., to Monday, July 13,1970, at 8:00 p.m. Respectfully submitted, _6_ Thomas C.Taylor, Secretary Pro Tempore