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-
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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
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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.
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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