Loading...
HomeMy WebLinkAboutMin - PC - 1970.03.23CITY OF BURLINGAME PLANNING COMMISSION COMMISSIONERS PRESENT Brauner Cistulli Kindig Norberg Sine Naylor CALL TO ORDER COMMISSIONERS ABSENT Mink March 23, 1970 OTHERS PRESENT City Attorney Karmel City Engineer Marr A regular monthly meeting of the Burlingame Planning Commission was called to order on the above date at 8:00 p.m.,, Chairman Pro Tempore Taylor presiding. The above -named members were present.. Chairman Mink, away from the city on business, was excused. The City Engineer reported that City Planner George A. Mann is con- fined to Peninsula Hospital. MINUTES The minutes of the regular meeting of February 25, 1970, and the study meeting, March 9, 1970, were approved and adopted. MAPS 1. RESUBDIVISION--- EDDQARDS COURT. A Parcel Map prepared by William A. Bartlett, Licensed Land Surveyor, San Mateo, proposing a resubdivision of Lot 2, Edwards Industrial Park, was reviewed at the study meeting and scheduled for formal con- sideration on this date. The City Engineer, in response to the Chairman,, stated that the map involves dividing a single large lot into two parcels by the addition of a new interior property line, as shown, and giving access off the cut -de -sac of 35 feet to the larger parcel (Parcel 2). The City Engineer indicated no objection to the map. Commissioner Kindig commented that 35 feet would not appear to be sufficient access for a parcel large enough to be divided into two or three lots. He questioned whether access could be arranged from Rollins Road, in the event of future resubdivisions. The City Engineer stated Rollins Road access could be accomplished only by easement through other lots that have street frontage. Commissioner Brauner agreed that 35 feet is too narrow, recalling that at the study meeting he suggested some readjustment of interior lines to widen the access but was told this was not feasible, because of space needed for parking on the smaller parcel (Parcel 1). Mr. Bartlett reported that the owners are aware: of the Commission's position and that he had recommended that a consulting planner be retained to prepare a plan on the entire parcel, rather than attempt to sell or develop piece -meal. He stated that time is of the essence in finalizing the sale of the smaller parcel and requested approval to the submitted map,on the premise that access will be subject to further review in connection with future resubdivision maps. Commissioner Rindig noted that there are properties in the industrial area with more than one building on a single parcel; since this is legal under certain conditions, the owners of the subject property may decide to follow the same method and not to resubdivide. He referred to a large parcel in the older industrial area that was never subdivided; buildings were built without regard to access and parking; resultant problems have plagued city staff and neighboring owners for years. Commissioners arauner and Sine suggested a method whereby access right of way may be increased to 50 feet without loss of parking on Parcel 1. Mr. Bartlett, in response to the Chair, reiterated his position, and the owners', that 35 feet is sufficient; he agreed, however, to inform the owners of the Commission's request for 50 feet by relocation of property lines. With concurrence of Commissioners, Chairman Pro Tempore Taylor declared the matter continued to an adjourned meeting at 8:00 p.m., on Monday, April 13, 1970. HEARINGS 1. SPECIAL PERMIT FOR PRIVATE PARKING AREA ADJACENT TO 1320 MARSTEN ROAD APPROVED. Chairman Pro Tempore Taylor announced a public hearing on the appli- cation of William Nerli for special permit to establish a second parking lot for 10 automobiles on a separate parcel from his, approximately 1W feet in width by 40 feet in depth, to accommodate tenants in a warehouse/office building that he owns at 1320 Marsten Road Sketches accompanying the application included a plot plan, map of the area and parking lay out of existing and proposed parking areas. The Chair recognized Mr. Nerli, who advised that the property was formerly a part of the Dore holdings, was sold by Mr. Dore to Fisk and Firenze and that he, in turn, purchased from the latter owners. He stated that the area of the proposed parking is owned by the Dore Estate and that he arranged a lease through the administrator. The Chairman referred to a discussion at the study meeting wherein mention was made of problems of ingress and egress in the property and that the proposed parking area is used for access to Marsten Road. -2- Mir. Nerli stated that he intends to fence his property and would be willing to place some form of ground surface - either seal coat or similar - in the leased -parcel, if permitted to extend the fence to prevent through traffic. Mr. Nerli confirmed that there are areas of Dare's property where ingress and egress are difficult and that there is constant traffic through the parcel that he has leased; he stated, however, that he should not be responsible for providing a driveway for tenants of Dore. Comments were invited from the audience. Mr. Frank Walch, owner W&W Tool and Die Manufacturing Company, 1322 Marsten Road, stated that an existing 30 foot easement for access to his and to Mr. Nerli's properties was never intended to accommodate the Dore property and that a barricade installed by Fisk and Firenze has since been removed, resulting in a constant stream of unauthorized traffic through the easement. Mr. Walch urged that either a fence, or gate and padlock, be per- mitted. Mr. Walch stated that safety vehicles can enter the Dore property from Rollins Road and his and Mr. Nerli's properties from Marston Road. Mr. Henry E. Lapkin, Jr., 643 Fairway Road, Hillsborough, owner of property on Rollins Road, indicated no objection to the subject application but requested that some measures be taken to restrict storage of scrapped vehicles on the Dore property. In response to Commissioner Rindig, the City Engineer confirmed that Mr. Nerli would be required to make application for a building per- mit prior to installation of a fence, and that -one of the inspectors would visit the property. Commissioner Eindig stated that he would prefer not to include fencing as a condition, if the permit is to be approved. Reference was made to the minutes of the study meeting of March 9,1970, wherein it was noted that the City Planner suggested 'that Mr. Nerli should be required to contain the parking so as not to interfere with ingress and egress at Karsten Road;" additionally, the City Planner indicated he would attempt to contact the bank officers who admintatar the property to discuss Mr. Nerli's proposal. The City Attorney reported.that he learned in a telephone call earlier in the day that Mr. J.P. O'Donnell, Administrative Trust Officer, is can vacation and that his secretary had -just returned from vacation and did not know whether or not the City Planner spoke with Mr. O'Donnell. Mr. Nerli informed the Commission that he will surface the area of the new parking lot. The hearing was declared concluded. A motion was introduced by Commissioner Rindig to approve the applica- tion of William Nerli for special permit to use a parcel approximately 40 feet in depth by 100 feet in width, southeasterly of and adjacent to 1320 Marston Road, for parking of ten (10) automobiles, in -3- FC 3 •ZS-70 accordance with sketches on file. The motion was seconded by Commissioner Cistulli and unanimously carried on roll call. The applicant was advised the permit would be effective Tuesday, April 7, 1970, if not appealed. 2. SPECIAL PERMIT APPROVED ACCESSORY STRUCTURE, 1859 BROADWAY. Chairman Pro Tempore Taylor announced a public hearing on the appli- cation for special permit filed by Mr. and Mrs. John S. Gottsche, 1859 Broadway, to construct a family room 14-1/2 feet by 18 feet as an addition to an existing detached garage. The applicant's letter of explanation stated that the roof line of the proposed construction will conform generally to the existing structure, that the lot area is 7000 square feet and that existing improvements and proposed addition will cover less than 2500 square feet. Sketches filed included a plot plan and family room floor plan. Communications protesting the application were read from Mrs. L.Davis, 1145 Cortez Avenue, on the grounds that the room, once built, may be converted to purposes other than the stated purpose; and from Mr. and Mrs. Jack B. Cave, 1815 Broadway, that a fire hazard may be created and, additionally, light obstructed in the bedrooms at the rear of their dwelling. A sketch filed by Mr. and Mrs. Cave showed the rear of their dwelling in relation to the proposed structure. The City Engineer, in response to the Chairman, stated that there have been situations in the past where an accessory structure has been converted illegally into full living quarters for rental pur- poses. Mr. Gottsche, upon recognition by the Chair, commented on issues raised by the protestants, stating that, as discussed at the study meeting, the primary purpose of the proposed structure is to pro- vide a suitable place for exercise equipment and hydro -therapeutic treatment, for the benefit of their younger son who suffers from a physical disability. Mr. Gottsche stated that there are no substitute facilities available on the property for the required installations --the main dwelling will not support the exercise equipment nor provide a water source. Mr. Gottsche assured the Commission that the structure is intended to be used exclusively for family activities, that fire retardant construction materials will be used and stated, in connec- tion with light interference to the neighbor's property, that a small section of the Cave property may be affected,by redirection rather than total exclusion of light, for a short period of the day. In response to a series of inquiries from Commissioners, Mr. Gottsche stated that the structure will be single story, no more than 15 feet, nor less than 12 feet, in height, that the roof will be gabled to conform, to the garage, walls on rear and side property lines -4- to be solid, as will the interior wall against the garage storage; there will be .a glass door for entry from the rear yard; the addition will fill in an area presently vacant, between the garage and fence, will project approximately two feet above the fence on two sides and electrical miring will be limited to 110 throughout. The City Attorney, in response to the Chair, confirmed that code section 25.28.030 provides the conditions whereby accessory struc- tures of the type proposed may be permitted. There were no comments from the audience favoring or protesting the application, in response to the Chair's inquiry. The hearing was declared concluded. On a motion introduced by Commissioner Cistulli, seconded by Commissioner Sine and unanimously carried, the application of Mr. and Mrs. John S. Gottsche, 1859 Broadway, for special permit to construct a family room 14-1/2 feet by 18 feet as an addition to an existing detached garage, in accordance6ith sketches on file, was approved. The applicants were informed that the permit would be effective Tuesday, April 7, 1970, if not appealed. Commissioner Sine stated that Mr. and Ctrs. Gottsche were to be com- mended on the.extensive improvements they have made to the property. 3. VARIANCE FOR VEHICLE MAINTENANCE ON R-4 PROPERTY, BAYSHORE BOULEVARD,, DENIED. Chairman Pro Tempore Taylor announced a public: hearing on the appli- cation of Charles T. Streamer -Equipment Lease Company, for variance to do general repairs on used lease trucks on land classified fourth residential at 1037 Bayshore Boulevard,. A communication from the applicant stated that the premises are occupied on a 30 day verbal contract; the maintenance work is per- formed, for the most part, at night and restricted to lease trucks and cars owned by the company --the trucks being diesel, the fire hazard is minimal. In response to the Chair, there were no comments from the audience favoring or protesting the application. Mr. Streamer, upon recognition by the Chairman, explained that his verbal agreement with Mr. Oscar Person, the owner, provides for tenancy until the property is sold, Mr. Streamer stated that the work areas are inside of the building; passenger automobiles stored in the yard belong to the company and were originally intended for lease purposes but the plan was abandoned as not feasible. Commissioners were invited to comment. Commissioner Brauner referred to Mr. Streamer's comment regarding storage of passenger automobiles and questioned whether there may be plans for expanding the operation, 13eyone truck maint-enance. -5. He recalled that similar situations have arisen on the property, where the owner has entered into leases completely disregarding the zoning classification, and the lessees subsequently seek the city's approval of their occupancy. Commissioner Brauner pointed out that the code specifically recites conditions requisite to grants of variance and that the C, ission must be guided accordingly. He stated his position that the subject application fails to meet the conditions. Commissioner Sine reported that he inspected the property and that it is apparent that Mr. Streamer has expended considerable time and effort to improve the appearance of the area that he occupies. Commissioner Kindig stated that it is apparent that the use is interim, pending definite plans for the total property; he inquired of the City Attorney whether or not the Commission may approve the variance and later rescind,should a nuisance be created, or place restrictions or limitations upon the use that would be equally binding upon the tenant and the opener. The City Attorney stated that the owner consistently permits tenants on the property who are engaged in business in violation of the zoning and neglects to inform them of the situation; Mr. Streamer is the latest of many tenants who have received citations and given the alternative of vacating or applying for a variance. The City Attorney pointed out that once the Commission finds that the property is susceptible to variance for any use other than residential, it becomes increasingly difficult to find that a successor tenant or applicant is not entitled to a like privilege. He stated that the four conditions in the code applicable to variance grants are generally factual and the burden rests upon the applicant to justify his request. Mr. Streamer stated that variances have been granted for a number of small businesses on the property and that, of these, a backhoe operation currently occupies a site adjacent to his. He questioned whether others in business at the present time were required to follow the variance procedure. The hearing was declared concluded. A motion introduced by Commissioner Brauner to deny the application of Charles T. Streamer for variance to maintain a truck repair facility for used lease trucks,owned by Equipment Lease Company, on property classified fourth residential at 1037 Bayshore Boulevard, was seconded by Commissioner Norberg. A roll call was recorded as follows: AYES: COMMISSIONERS: Brauner, Norberg, Taylor NOES: COMMISSIONERS: Cistulli, Kindig, Sine ABSENT COMMISSIONERS: Mink Chairman Pro Tempore Taylor announced that the motion to deny failed to pass, because of the tie vote, and that the Chair would entertain a motion to approve the application. -6- A motion introduced by Commissioner Cistulli to approve the appli- cation for variance of Charles Streamer to maintain a truck repair facility for used lease trucks, atoned by Equipment Lease Company, on property classified fourth residential at 1037 Bayshore Boule- vard, on condition that the variance shall terminate on the thirtieth day after filing of an application for building permit to erect a structure permitted by the zoning code on the property, was seconded by Commissioner Sine. A roll call vote was recorded as follows: AYES: COMMISSIONERS: Cistulli, Kindig, Sine NOES: COMMISSIONERS: Brauner, Norberg, Taylor ABSENT COMMISSIONERS: Mink The Chair announced that the motion to approve failed to pass, because of the tie vote. The Chair informed the applicant of the right of appeal to the City Council. RECESS Chairman Pro Tempore Taylor reconvened the meeting at 10:00 p.m., following a five minute recess. HEARINGS (oont.) 4• STREET NAME CHANGES RECOMMENDED ---"OLD BAYSHORE" FOR "BAYSHORE HIGHWAY," "AIRPORT BOULEVARD" AND INTERVENING ROADS. Chairman Pro Tempore Taylor announced that the Commission has been requested by the City Council to re -hear and to submit a definite recommendation on the proposal for renaming Bayshore Highway. The Chair referred to a memo received from the City Planner dated March 4, 1970, advising of the City Council's decision to refer the matter to the Planning Commission for re -hearing, and noting guide- lines supplied by the Council, as follows: The entire street, including Airport Boulevard, extension of Broadway, the park road and Bayshore Highway should be given a single name; "Airport Boulevard" will not be acceptable; and the Commission should hold a hearing on a name change for Bayshore Boulevard to eliminate confusion of two streets named "Bayshore." A petition dated March 3, 1970, signed by 85 individuals representing businesses located on Bayshore Highway, requested "that the Cora - mission officially recommend to the City Council that the street currently named Bayshore Highway - Airport Boulevard be named Bay shore Highway in its entirety from Millbrae Avenue to Coyote Point Boulevard." A letter dated 4arch 18, 1970, from David H. Keyston, Executive Vice President, Anna Pacific Corporation, stated that a change from "Airport Boulevard" to "Bayshore Highway" or "Old Bayshore Highway" will be acceptable, providing that Bayshore Boulevard on the west side of the freeway is renamed, both in Burlingame and its con- tinuation in San Mateo, prior to a change on the east side. -7- The letter suggested that names having a commercial connotation be considered --"Air Commerce Boulevard," as an example, would orient the industrial area easterly of the freeway to the airport, for the benefit of out-of-state firms. A letter dated March 17, 1970, from Noble, Cooke Properties, Inc., Los Angeles, lessee of Burlingame Shore Land property and lessor of the new hotel to be constructed thereon, stated that "Airport Boulevard" would be the most logical name for the segment between Broadway and Millbrae and the short length of Broadway, to conform with the frontage road north of the Airport and that part of the new road through Anna Pacific industrial park so named. Comments were invited from the audience. Mr. George N. Keyston, representing Anza Pacific Corporation, and Mr. George O. Braden, 1290 Bayshore Highway, stated it was their understanding that the City Council intended that first consideration would be given to renaming the frontage road on the west side, to remove the "Bayshore" appellation there and, following that, the Commission would recommend on the proposal for the east side. During a period of Commission comment, reference was made to the discussion at the study meeting wherein the decision was made to consider the east side immediately, since this has been under dis- cussion for several months; and to hold a separate hearing.on a name change for Bayshore Boulevard and possibly a "name"contest for students, with Council's approval. The City Attorney, in response to the Commission's request for clarification on procedure, stated that the Commission has been requested to make.a recommendation and there would appear to be no need to delay consideration of the proposal for Bayshore Highway, since the final decision and eventual implementation will be made at Council's discretion. Mr. Keyston stated that Anna Pacific Corporation opposes a change of name of Airport Boulevard until such time that Bayshore Boulevard is renamed. Commissioner Cistulli referred to an existing freeway sign that carries the designation "Old Bayshore" and suggested that, to avoid confusion and to assist sal:<ity vehicles and motorists not familiar with the area, that the street should be named to conform with the sign. Commissioner Sine suggested including further identification, similar to "boulevard," "highway," or the like to correspond with the city's pattern of street names. Mr. Richard Grey, 1330 Bayshore Highway, upon acknowledgment by the Chair, expressed the opinion that persons who have opposed, and continue to oppose, a name change probably would accept "Old Bayshore" or "Old Bayshore Highway," since either name will negate the problem of replacing stationery and other forma. Mrs. Jean Miller, in business at 1330 Bayshore Highway, stated that there are persons in the area who are not favorably impressed with "Bayshore" and would prefer a whimsical, "fun name" that would be distinctive to the street. There were no further comments from the floor. A motion was introduced by Commissioner Cistulli recommending to the City Council that the entire street from Millbrae on the north to San Mateo on the south, including Airport Boulevard, extension of Broadway, the park road and Bayshore Highway, be renamed "Old Bayshore." The motion was seconded by Commissioner Brauner and carried unani- mously on roll call. RESOLUTION 1. RESOLUTION YO. 1-70 "Recommending The Adoption Of An Ordinance Amen g Bection, 25. 10 Of The Burlingame Municipal Code And The Zoning Map Incorporated Therein By Reference By Reclassifying Certain Lands From A Light Industrial (M-l) District To A Waterfront Commercial (C-4) District" Was introduced for passage by Commissioner Brauner, seconded by Commissioner Cistulli and unanimously approved on roll call. NEW BUSINESS 1. STREET NAME CHANGE -- BAYSHORE BOULEVARD. Chairman Pro Tempore Taylor announced that the City Council has directed the Commission to conduct a public hearing on a name change for Bayshore Boulevard and that the Commission decided at the last study meeting, subject to Council's endorsement, to invite student participation in suggesting names. Mr. George N. Keyston, on recognition by the Chair, stated that he owns no property on the street but was sympathetic to the owners who will be affect&& and suggested that they be notified and allowed the opportunity to express their views,prior to the actual hearing. A motion was introduced by Commissioner Cistulli that sanction be obtained from Council for students of the elementary schools to participate in a contest to rename Bayshore Boulevard, that it is the Commission's position that the designation "Bayshore" not be considered and that sufficient time be allowed for implementation of a name change. The motion was seconded by Commissioner Sine and carried unanimously on roll call. 2. DISCLOSURE OF ASSETS. The City Attorney reported on amendments recently approved by the State Assembly to the disclosure of financial interest statute. 3. COMMISSIONER BRAUNER RESIGNATION. Comm ss oner Brauner announce s ntention to resign from the -9- Commission upon the expiration of his terra, April 7, 1970. Members of the Commission acknowledged Commissioner Brauner's dedicated service to the community and his cooperation A h and assistance to follow -Commissioners during his years of service. ADJOURNMENT The meeting was regularly adjourned at 11:10 p.m., to reconvene Monday, April 13, 1970, at 8:00 p.m. Respectfully submitted, Everett R. Kindig, Secretary -10-