HomeMy WebLinkAboutMin - PC - 1971.11.08THE CITY OF BURLINGJ_U4E PLANNING COMMISSION
November 8, 1971
COMMISSIONERS PRESENT COMMISSIONERS ABSENT OTHERS PRESENT
Cistulli Kindig (excused) City Planner Swan
Jacobs City Engineer Marr
Mink City Attorney Karmel
Norberg
Sine
Taylor
CALL TO C ;'DE R
An adjourned meeting of the Burlingame Planning Commission, from
the regular meeting of October 27, 1971, was called to order on the
above date at 8:00 p.m., Chairman Sine presiding.
ROLL CALL
All members of the commission were present except Commissioner Kindig
who was excused.
HEARINGS:
1. TENTATIVE PARCEL MAP FOR PROPERTY OF MRS. MELBA P. MOORE, 3.50
AC MOL AT 1554 OLD BAYSHORE HIGHWAY, ZONED C-4 (SITE OF FISHERMAN
RE STAU RANT)
Chairman Sine announced the continuation of this hearing and asked
the City Attorney if he had received the documents in this case. The
City Attorney replied that he had, that they had resolved some
questions but not all. He noted that there is a provision for revoca-
tion in the grant of the 15' easement from O'Hara to Moore, in effect
a right of O'Hara to shift the easement to an easement of equal
width in a different location. Mrs. Riley (Moore, owner of record)
and Mr. O'Hara stated that the easement has now been shifted to run
parallel to the drainage canal. This shifting was accomplished by'
having Mr. O'Hara sign a map on which the present location of the
easement is shown.. City Attorney Karmel thought that Mr. O'Hara
should execute and record a document showing this shift and Mrs. Riley
(Moore) should execute and record an acceptance of this shift of
easement. He commented that as far as the public record is concerned
the easement has not been shifted. He made note of a preliminary
injunction five years ago by Mrs. Riley (Moore) against Mr. O'Hara
to prevent blockage of the easement.
He mentioned the ordinance amendment which provides for use of
an easement, to be owned by the,City, when lots in a proposed
subdivision do not front on a public street. The 15' easement could
be used for this purpose if it were widened to 20' for two way traffic.
When the easement was granted it ran from Old Bayshore to the Moore
property. Bayshore was then reduced in width 20'6" on both sides.
This left 20'6" belonging to Mr. O'Hara between the edge of the
public street and commencement of the easement. Therefore the
- 2 -
easement does not go through.
Regarding the 30' easement connecting with Burlway Road, the
City'Attorney questioned if it were merely an ingress -egress easement,
and noted that the property owner objects to its public use.
City Planner aaan again brought out the point that automobile access
must be safe and sufficient. City Engineer Marr agreed, and noted
that the main problem in this case is that of easements.
It was noted that the 30' easement was used by the lessee as a
loading and unloading zone; and the City Engineer remarked that if
the easement were encumbered it would defeat the purpose. Commissioner
Taylor referred to the easement along the drainage canal and stated
that even if an additional 5' were bought it would not be. enough.
The City Attorney indicated that the City would not sell Mrs. Riley
(Moore) that land since it was needed, and she would have to buy
land from O'Hara. Commissioner Mink agreed that 22' was needed
and asked about the possibility of a bridge across the drainage
canal.
Com,-nissioner Cistulli suggested that since both parties and their
attorneys were in the audience it would be well to hear their
opinions. City Planner Swan stated that all three property owners
had been contacted and there was hope that a solution could be achieved.
He said point of discussion should be the price of the extra land
for the easement, and that there should be an agreement and the
recording of that agreement.
On the Chair's invitation Mr. Richard O'Hara addressed the Commission.
He went into the background of the easement. He declared that he
had verbally agreed to sell an additional 10' along the easement
including a piece across the 2011' along Bayshore to Mrs. Riley
(Moore) with the understanding that any agreement or any public
record would have to show that it was to be a paved road. He stated
that the present plans for development made by Mrs. Riley (Moore)
showed some side roads across his property. He referred this to his
attorney, and it is now in process of investigation. He stated that
if land were sold to Mrs. Riley (Moore) the total width of the
easement would be 25'. The City Engineer felt that this would be
sufficient. The City Attorney noted that the width of this easement
could vary if the McClenahan easement were used and there could be
'a turn -around. Upon a question as to the McClenahan easement, he
stated that it is an easement by grant, not a way of necessity,
and the question is as to how much burden it must sustain.
Mrs. Riley then addressed the Commission. Llith regard to the 20 z'
strip vacated by the City, she stated that at the time of vacation
a memo was circulated to landowners that all permanent easements,
such as hers, were exempt from such vacation. She was never
notified to buy the 20 z' . She noted that Mr. O'"rIara's price for a
5' strip along the drainage side was $10.00 per square foot and she
could not afford it. She would be willing to compromise at a
lesser price. She stated she had the Burlway Road easement long
before McClenahan bought the property, that she moved the easement
so he could build the present buildings; however he has narrowed
- 3 -
it to.20' by parking cars there.
Mr. Roy C. Hall, Mrs. Riley's attorney, addressed the commission.
He stated he had been retained by Mrs. Riley to obtain financing
for the project. Financing, in the amount of $500,000 is now on
deposit, bids have been td�--rjand the contractor is ready to start.
All that is needed is a permit. He suggested that the subdivision
be'accomplished subject to the stipulation that the easement
problem be worked out. He noted that when he appeared before BCDC
on this project he stated that they had a permit.
Commissioner Cistulli commented that most of the Commission was
in favor of this project, but he doubted that the City Council would
buy stipulations.
The City Attorney commented that this must go before the Council,
the City must be made a party to the easements, and provisions for
public improvements must be made. Since the action of the Planning
Commission in this instance is only advisory, he recommended that
all problems be resolved and the entire package go to the City
Council. He suggested that all parties return to a public meeting
when they had straightened out their differences.
Chairman Sine asked the participants if they could continue this
to another meeting, reminding them that the Commission would not
agree to stipulations.
Commissioner Mink moved that this subdivision be continued to the
next regular meeting. Commissioner Jacobs seconded the motion.
Attorney Hall protested that a delay of two weeks might endanger
the financing. He was reminded by Chairman Sine that the matter
had been continued to this meeting so that participants could bring
a solution of their problems to the Commission, and that this had
not been accomplished. The motion carried by voice vote.
At this point it was agreed by the Commission that the subject of
ordinances, next on the agenda for the adjourned meeting, be
postponed until completion of the study meeting topics.
ORDINANCES:
At the completion of the regular study meeting agenda, this subject
was introduced for Commission action.
ORDINANCE REGULATING HEIGHT OF RADIO AND TELEVISION ANTENNAS,
RESOLUTION NO. 1-71
City Planner Swan reported to the Commission that the ordinance had
been prepared in the form that was approved in previous study, that
the.findings, attached as Exhibit A to support the ordinance
amendment,were new and should be reviewed. The City Attorney stated
that the resolution is a procedural resolution which adopts findings
and ordinance.
Commissioner Mink read the findings to the Commission. He
then moved the adoption of Resolution No. 1-71. Commissioner Taylor
seconded the motion, and it passed unanimously on roll call vote.
The documents will be forwarded to the City Council for its approval.
ORDINANCE AMENDING MUNICIPAL CODE REGULATING HEIGHT LIMITATIONS ON
POLE. SIGNS, RESOLUTION NO. 2-71
Commissioner TayJnr read the findings to the Commission. He then moved
adoption of Resolution No. 2-71. Commissioner Mink, seconded the
motion and it passed unanimously on roll call vote. These documents
also will be forwarded to the City Council.
PLANNING COMMISSION STUDY MEETING
NOVEMBER 8, 1971
1. SPECIAL PERMIT FOR CONTRACTOR'S STORAGE YARD IN AN M-1 DISTRICT,
J2V4ES R. TEEVAN, 1019 BAYSHORE BOULEVARD. OWNER: WILLIAM ROESE
This matter was introduced for consideration. Correspondence from
Mr. Teevan stated that he wished to buy this property as a head-
quarters for his painting company, and the special permit is for
outside storage of ladders and'trash containers. City Planner Swan
explained a plot plan of the location to the Commission which showed
parking and storage areas. It was noted that this storage yard is
fenced, and the location is approximately 150' from the Northpark
Apartment'site. Chairman Sine announced that this application would
be scheduled,for the next public meeting of the Planning Commission
on November 22, 1971.
2. SPECIAL PERMIT FOR LIMITED LIGHT INDUSTRIAL USE OF EXISTING
METAL 1t7AREHOUSE BUILDING IN WATERFRONT COMMERCIAL DISTRICT,
1470 BAYSHORE HIGHWAY. APPLICANT WILLIAM F. MC CLENAHAN
Chairman Sine introduced this application for study. Received with
the application were letter from the applicant, plot plan, photographs
of the property, and artist's rendering of the property after renov-
ation. The applicant's letter stated that he wished to renovate
an old warehouse building on the Smallcomb property and use it for
light manufacturing since his company is expanding its operation
and needs more space.
City Planner Swan noted that this is an unusual type of application
since it is a request to use a present non -conforming building for
a certain period time, until April 30, 1979. The City.Planner
explained the plot plan to the Commission and stated that at a meeting
with the owner and the building and fire inspectors, a requirement
was explained; the roof and walls must be made more fire resistant
or a sprinkler system be installed. He explained that zoning was
changed from M-1 to C-4 in October, 1969. This parcel does not
touch the shoreline. He noted that after the seven-year term of
this variance the company would likely move to another location
because of expansion, and the property along Burlway Road would be
redeveloped.
The City Engineer stated that this property is on an unimproved
portion of the street; that the city had been attempting to get
property owners to contribute toward improving the street and they
had verbally agreed to do so.
- 5 -
The question was raised if the lease would be contingent upon the
Commission's approval, and it was stated that it would be. The
City Engineer questioned if approval were given for this permit would
the owner contribute to the street. Mr. Mitzner of Aluminum
Plumbing Fixtures Corporation, lessee, questioned the cost. The
City Engineer informed him that it would be approximately $1,500.
Mr. Mitzner indicated that it would be agreeable with the owner.
This application was scheduled by Chairman Sine for hearing
November 22, 1971.
3. SPECIAL PERMIT FOR SALE OF GOODS AND SERVICES AT RETAIL IN AN
M-1 DISTRICT, 1028 CAROLAN AVENUE, PENINSULA GENERAL TIRE COMPANY
Chairman Sine introduced this item for consideration. City Planner
Swan told the Commission that Peninsula General Tire wishes to
move to this location and lease a portion of the property owned by
Mr. Oscar Person. Peninsula Tire wishes to sell goods and services
at retail in this location. Automobile services will be conducted
inside the existing building, and there would be 7 or 8 service bays.
The City Planner showed a set of plans to the Commissioners, and
noted that there was parking in front of the building and two spaces
,,in the rear. The City Planner called attention to the area at the
rear of the building which is now occupied by a storage yard for
contractors' equipment. It could be used for parking. He stated
he had earlier told Mr. Person he hoped the equipment could be moved
elsewhere. He passed around a drawing of the applicant's proposed
sign which is also a part of the application.
The City Engineer remarked that a parcel map for leasing part of
this acreage probably would not be necessary. Terms of the leasehold
were described; there are ingress and egress rights on the north side
of the building. It was suggested that a condition of the approval
of the permit might be that the construction equipment be moved.
The Chairman announced that this application would be scheduled
for public hearing November 22, 1971.
4. RECLA:SSIFICATION OF LOT 5, BLOCK 3, BURLINGA14E PARK NO. 2,
FROM R-1 TO R=3A, CITY OF BURLINGAM�E PARKING LOT
5. RECLASSIFICATION OF LOTS 8, 11, AND 12, BLOCK 3, BURLINGAME PARK
NO. 2 FROM R-1 TO R-3A, BEING 1513 AND 1517 BURLIr:GA_ME AVENUE,
APPLICANT RICHARD F. MC LAUGHLIN
6. VARIANCE TO ALLOY) MORE THAN ONE RE'SIDENPIAL BUILDING ON ONE LOT,
LOTS 8, 11, AND 12, BLOCK 3, BURL INGAME PARK NO. 2, APPLICAN'T
RICHARD F. MC LAUGHLIN
These three applications were considered together since they are
inter -related. The City Planner explained to the Commission that
the reclassification of Lots 8, 11, and 12 was for the purpose of
combining them into one lot and building on it a condominium
apartment. Lots 8 and 11 presently have single family houses on
them, Lot 12 is vacant, and Lot 5 is the City parking lot.
The condominium requires a variance to have more than one residential
building on one lot. He commented that since the neighborhood
will in the future"be zoned R-3A, according to the General Plan, the
City.Parking lot should be included in this reclassification. He
noted that to his knowledge the only residential reclassification
in this last decade had been the site for the Northpark Apartments
from M-1 to R-4 in 1963.
Plans were distributed and the City Planner explained them. There
is one unit per 2,200 square feet of land area and underground
parking with two garage spaces for each of the units. He commented
that a resubdivision map would be a condition of the variance.
Mr. James McLaughlin, developer, went into further detail of the
plans. It was recommended that the effective date of the
reclassification be subsequent to the issuance of the building.
permit. Also recommended was the widening -of the street along the
development to conform with the street widening already effected
along the parking lot.
On a question from Chairman Sine, Mr. McLaughlin stated he would
present eight sets of plans at the hearing including site elevations
and floor plans. There followed a discussion of the value of variance
on the development as opposed to reclassification. It was decided
that reclassification would best suit the prupose. Chairman Sine
informed the applicant that the matter would be scheduled for public
hearing November 22, 1971.
NEW BUSINESS:
SS•
The City Planner reported to the Commission on several cases which
required code engorcement.
2. Reclassification
The City Planner submitted to the Commission a procedural outline
on reclassification, noting that the purpose of reclassification
of various areas would be to encourage private redevelopment. He
stated that basically there were certain areas which should be
studied for this purpose and their priority for reclassification
decided. There was considerable discussion, with the suggestion
that the City Planner research this program with regard to slope
lots. The Commission agreed to study this outline and agreed with
the City Planner's suggestion that he proceed with a reclassification
map.
3.- Development Guidelines for Bank of America
The City Planner informed the Commission that the Bank of America is
considering a bank building on Chapin at E1 Camino Real, with
office space on top. The bank itself would occupy 50,000 square
feet. The height of the building is not determined. He suggested
that undergrounding be considered for the entire block from E1
Camino to Primrose. The Commission indicated approval for him to
prepare a resolution recommending that an undergrounding district
be studied for Chapin Avenue.
The meeting then continued to an item which had been brought up for
7 -
study too late to be included in the study meeting agenda.
SPECIAL PERi�IIT TO MODIFY AN ADVERTISING STRUCTURE (SIGN) ADJACENT
TO F..REE4AY FOR HYATT HOUSE HOTEL, 1333 BAYSHORE HIGHWAY
The Chairman introduced this application for further study. City
Planner Swan stated that the modified application had been resubmitted
by the Hyatt House Hotel to comply with Commission requirements. He
asked that Mr. Griffin, manager of the Hyatt House, present the new
application for modifications of the present sign. Mr. Griffin
presented photographs of past and present signs, with particular
reference to size of reader boards. Then he showed an exhibit
of proposed sign with overlays contrasting past and present signs.
He stated they are proposing a sign that will be readable from the
freeway when traffic is traveling at the speed limit of 65 MPH.
He asked for a variance on the reader board of 3' on each side over
the original reader board which was 378 square feet and for raising
the identification sign to the top of the pylons.
He then showed blueprints of the proposed sign, noting that they
are asking for 420 square feet on the reader board, with 3 lines
16 modules across. The top of the reader board would be 3' below
the identification sign, which would be raised 8' to the top of the
pylons. There was considerable discussion .cis to the merits of a
readable board at high traffic speeds, and its value in increasing
business for the hotel. Chairman Sine announced that this application
would be considered'at the public hearing of November 22, 1971
ADJOU RNME N
The meeting was adjourned at 11:30 p.m.
Respectfully submitted,
Thomas C. Taylor
Secretary Pro-Tem