HomeMy WebLinkAboutMin - PC - 1971.03.22THE CITY OF BURLINGA14E PLANNING COMMISSION
March 22, 1971
CO14MI S SI ONE RS PRESENT C014NII S SI ONE RS ABSENT OTHERS PRESENT
Cistulli None City Attorney Karmel
Kindig City Planner Mann
Jacobs City Engineer Marr
Mink Councilman Mangini
Norberg
Sine
Taylor
C-Aftow0iZe t t
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 responded to roll call.
MINUTES
The minutes of the regular meeting of February 22 and the study
meeting of March 8, 1971 previously submitted to members were
approved and adopted.
HEARINGS
1. SUSPENSION OF CONDITIONAL USE PERMIT, WEST BAY EXPRESS,
1368 ROLLINS ROAD
Chairman Sine announced a public hearing on the matter of
suspension of West Bay Express' conditional use permit on the
grounds of non-conformance to the conditions set forth. Upon
inquiry, however, it was determined that no representative of West
Bay was present in the audience. It was decided that the subject
be postponed until later in the meeting so that a representative
might be given an opportunity to appear. The Commission then
proceeded with the next item on the agenda."
2. RESUBDIVISION APPLICATION, JOHN BELLEVUE, 1700 BLOCK, ROLLINS
ROAD
A public hearing was announced on the application of John Bellevue,
#10 S. E1 Camino Real, Millbrae for the resubdivision of Lots 1,
2,3, Block 9, Millsdale Industrial Park n5 (1700 Block, Rollins
Road) in connection with a swim and acrobatic club which he
proposes to build and operate there. This action was initiated
at staff request.
In response to Chairman Sine, the City Engineer stated that since
this resubdivision was simply for the purpose of combining several
lots to form one property, he had no objection.
The City Planner elaborated on the proposed useage of this property
and stated that Louis Arata, Civil Engineer who had drawn the plans,
was in the audience, if there were questions or comments.
There was no further discussion by the Commission.
Commissioner Cistulli moved and Commissioner Kindig seconded that
John Bellevue's application for a resubdivision of Lots 1, 2, 3,
Block 9, Millsdale Industrial Park #5 be approved. The motion was
carried unanimously on roll call.
3. FENCE VARIANCE APPLICATION APPROVED FOR MR. AND MRS. D. E.
SULLIVAN, 1825 CASTENADA DRIVE, LOT 4, BLOCK 35, MILLS ESTATE #9
Chairman Sine announced a public hearing on the application for
fence variance by Mr. and Mrs. D. E. Sullivan, 1825 Castenada Drive.
A letter from Mr. and Mrs. Sullivan received with the application
stated that it was desirable for the purposes of privacy to add
22' fibreglas panels to the top of their already existing fence
on the northwest side of their property. They noted that this fence
was originally six feet but that builders had bought the lots on
either side of their property and had filled three feet of dirt
on the northwest side, changing the grade of the lot. The result
is an effective height of 3'.
The City Planner, at the Chair's invitation to comment, stated that
the conditions were basically as outlined in the letter, that
actually there is a 6' fence on the Sullivan side but that the
grade of the adjoining lot is approximately 2' higher than the
Sullivans. He noted that the builder had probably put 2 x 12's
on the neighbor's side of the fence and had then backfilled.
In response to Chairman Sine, Mr. D. E. Sullivan told the Commission
that he had had a disagreement with the builder at the time the
adjoining lots were leveled, building up the grade and changing
the drainage, which resulted in fill against their 6' fence. He had
told the contractor that dirt could not be piled directly against
the fence, so the builder had first put redwood boards against it.
Mr. Sullivan felt that the addition of translucent paneling on
the top of the fence would be attractive and afford the desired
privacy.
There was no correspondence nor comments from the audience favoring
the application.
In response to the Chair, Mr. Jim Bishop, 1829 Castenada, spoke
against the granting of this variance.. He felt that since the
Sullivans already have a 6' fence on their property, an 82'
fence would be non -conforming. His basic objection, however, was
to the fibreglas paneling which would raise the heat of the area
effecting damage to plant life, and is aesthetically undesirable.
He thought the paneling should be of redwood.
In reply to a question from Commissioner Cistulli, Mr. Bishop
stated that he would have no objection if the fence were of
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redwood - that the main objection was that of design, not of height.
The hearing was declared closed.
During a period of Commission discussion Commissioner Jacobs
indicated he had no objection to the variance, although he was
unfamiliar with the heat -generating qualities of fibreglas.
Commissioner Norberg had no objection.
Commissioner Mink asked Mr. Sullivan if he would care to reply
to Mr. Bishop's questions, and Mr. Sullivan assured the Commission
that he would not consider putting up a fence that would damage
neighboring property, but that fibreglas was extensively used all
over the neighborhood, and that he personally preferred it.
Commissioner Taylor voiced a reluctance to vote for the variance
if the material were to be of fibreglas, otherwise he had no
objection. Commissioner Cistulli stated no objection, and felt
that the heat generated by this type of upright translucent panel
would be minimal. Commissioner Kindig questioned the distance the
fence would run into the front yard, feeling the fibreglas might
be unpleasing if viewed from the street. Mr. Sullivan mentioned
the 20' house setback from the street and conceded that the fence
might start a few feet back from "phis.
Chairman Sine concurred that Mr. Sullivan was entitled to the privacy
of a 6' fence, but suggested to Mr. Sullivan that, in order to
comply with the request of Mr. Bishop, and as long as the present
fence is already redwood, it would be much better to continue the
existing fence in the same material. At this point Commissioner
Mink mentioned the wind load that fibreglas would develop and the
fact that in 5 - 10 years the redwood would look much better. Mr.
Sullivan agreed, in response to the Chair's question, that he
would be able to continue his fence in conformity with the request
for redwood material.
Commissioner Jacobs moved that a variance be granted Mr. and Mrs.
D. E. Sullivan of 1825 Castenada Drive to increase the height of
their fence,on the north boundary extending east and west,22',
using basket -weave redwood similar to existing fence. Commissioner
Cistulli seconded the motion and it carried unanimously on roll
call.
The applicant was informed the variance would be effective Tuesday,
April 6 if not appealed. The Chair also told the applicant he
would have to take out a building permit.
ACKNOWLEDG14ENT
Chairman Sine acknowledged the presence of Councilman Victor A.
Mangini.
4. APPROVAL OF VARIANCE APPLICATION, JOHN D. MC PHERSON, USEAGE
CHANGE FOR 1275 CALIFORNIA DRIVE
Chairman Sine announced a public hearing on the application of
John D. McPherson, 302 Bald% -,in Avenue, San Mateo, for a useage
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change for 1275 California Drive, Lots 1 and 2, Block 12,
Burlingame Grove.
A letter from Mr. McPherson, received with the application set
forth that the building, presently used as a medical -dental
building, could better be utilized as a professional office
building in that its use is now.limited due to the large number
of medical and dental offices in the area, particularly near
hospitals. It stated that the applicant desires to convert one
suite for his personal use as a private office to conduct business
affairs, and to lease another suite to an accountant and/or attorney,
etc. There would be no major repairs other than refurbishing and
rearrangement of interior floor space.
In response to the Chair, Mr. McPherson stated that the building
had been vacant for some time and that he would like to move from
his offices in San Mateo closer to his home in Hillsborough.
The City Planner informed the Commission that at the time the
original variance was granted to Dr. Peterson, all medical and
dental facilities were in San Mateo and the Commission thought it
would be advantageous to have one in Burlingame. However, of
later years many facilities of this nature have developed in the
city, and the building has very limited use now, since such profes-
sions will not rent it. He felt that it is still a good building
and a choice should be made as to how it can best be used, stating
that he had very little objection to Mr. McPherson's idea.
There were no comments from the audience in response to the Chair.
The hearing was declared concluded.
Commissioner Norberg indicated no objection, nor did Commissioner
Jacobs.
Commissioners Mink and Taylor, as did Commissioner Kindig felt that
while there was no problem with using the building, the exact type
of occupants should be specified, such as accountants and attorneys,
and mention was made that no signs except identification signs
should be used without further application to the Planning Commission.
In response to the Chair, Mr. McPherson stated that he intended to
lease the property from the owner with an option to purchase; that
Dr. Peterson is still operating a dental office in the building
and will continue to do so, subleasing from him. He noted that
there are eleven parking spaces for tenants and customers.
The City Planner suggested that since there are three suites, the
number of tenants be held to three and the occupancy be limited to
those suggested.
Commissioner Mink introduced a motion to amend the variance to the
property at 1275 California Drive to include uses in addition to
medical and dental but limited to office spaces of attorneys of law,
accountants and investment services; that the occupants be limited
to three for the total building, and that the only signs permitted
be identification. The motion was seconded by Commissioner
Cistulli and unanimously carried on roll call.
Mr. McPherson was informed by the Chair that this variance would be
effective April 6, 1971 if not appealed.
5. APPROVAL OF VARIANCE APPLICATION, NEIL J. VANNUCCI, CONSTRUCTION
OF 3-UNIT APARTIMENT BUILDING. LAGUNA AVENUE
Chairman Sine announced a public hearing on the application of Neil
J. Vannucci, 301 South Spruce Avenue, South San Francisco, to
construct a three -unit apartment building on Laguna Avenue, Lots 18
and 19, Block 12, Easton Addition. Mr. Vannucci had previously
requested variance for a four-plex, but had revised his plans to
a three -unit building. These plans were passed around to the
members of the commission.
A letter was read from Mr. and Mrs. E. P. McElhany, 1009 Laguna
Avenue, objecting to the proposed construction. They stated that
they did not feel that a three or four unit apartment house is a
suitable use for this property, and that they felt Mr. Vannucci
had not established proper justification in accordance with the
applicable provisions of the zoning ordinance. They felt that
this lot is not 12 times the size of adjacent property lots, but
rather about 14, since the 10' rear easement and the box culvert
could not be considered as "open space."
At the Chair's invitation to comment, Mr. Vannucci informed the
Commission that while the previous plans had an area coverage of
37.4% - 40/ being allowed -, the revised plans have a coverage of
only 32/; that one unit had been eliminated and the area for the
private yards has been increased substantially. He mentioned that
while the easement area does not belong to the property owner,
it does not belong to anyone else either, and definitely represents
open area. He felt that the sewage problem could be eliminated -
probably by raising the grade; there was ample parking, one space
per unit and one additional space; the design had been changed from
contemporary to early California Spanish design with a lower mansard
type roof, only 19' high. In his opinion, everything in the design
was in excess of minimum.
There were no comments from the audience in favor of or opposed.
to the granting of the variance.
The hearing was declared concluded.
in response to Chairman Sine, the City Planner brought out, with
regard to the lot size, that the creek running through the area does
make for oddly shaped lots, and that while the box culvert easement
and the 101. alley in the rear do not belong to the property holder,
neither do they belong to anyone else. He said they would never
be used for anything, and in effect the result is a larger lot.
He personally saw no objection to the variance.
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Comm issioner Jacobs commented favorably, stating he thought Mr.
Vannucci had designed a beautiful building; while Commissioner
Norberg was not impressed with the design.
Commissioner Taylor felt that since the applicant knew that the
district was zoned for R-2 when the propertLy was purchased, there
was no basis for the claim of hardship involved in this request for
variance.
Commissioner Mink stated that the reduced area in the revised design
met his previous objections and he liked the idea of keeping the
height of the building down.
Commissioner Kindig said that no R-2 buildings had been corftructed
in -this area for years because they are not economically feasible.
He felt, however, that the extra easement space could not be
counted as lot area, and that the density would be increased,
but that this apartment building would be a good addition to the
neighborhood.
Commissioner Cistulli reported that he felt Mr. Vannucci had done
an outstanding job in the design; that the open area of the lot
was now 68/, and that the apartments would be an asset to the
district.
Chairman Sine indicated no objection to the variance.
Commissioner Cistulli moved that the variance of Neil J. Vannucci
be approved to conscruet a three -unit apartment building on Laguna
Avenue, Lots 18 and 19, Block 12, Easton Addition, according to
plans submitted. Commissioner Jacobs seconded the motion, and it
was declared carried on the following roll call:
AYES: CODUMISSIONERS: Cistulli, Kindig, Jacobs, Mink, Sine
NOES: COMMISSIONERS: Norberg, Taylor
Chairman Sine informed Mr. Vannucci that the variance would be
effective April 6, the day after the next Council meeting, if not
appealed.
RECONVENE
Following a recess at 9:10 p.m., Chairman Sine reconvened the
meeting at 9:20 p.m.
1. (CONTINUED) SUSPENSION OF CONDITIONAL USE PERMIT, WEST BAY
EXPRESS, 1368 ROLLINS ROAD (STORAGE YARD AT 1330ROLLINS ROAD)
Chairman Sine asked for a show of hands from the audience from
those awaiting the matter of West Bay Express. There was no one.
Neither was there a representative of West Bay present. Since
sufficient time had been allowed for a representative to appear,
it was decided to go on with the hearing at this time.
At this point, the City Attorney addressed the Commission, stating
that under the Municipal Code the Planning Commission is permitted
to conduct a hearing in the event that there is a violation of a
variance. In the particular situation where the conditional use
permit is exercised contrary to the conditions of such approval
notices are sent to the permittee and notices to surrounding property
owners. The code provides for appeal by permittee in the event
of adverse action.
The City Attorney then proceeded with the formal hearing. He
stated that a notice was mailed by registered letter to the
permittee, as required, and introduced to the Commission a series
of documents:
(1) Application for Special Permit dated 7/10/70, showing a study
meeting hearing date of 7/13/70, a public hearing date of 7/27/70
and 8/24/70. (The City Attorney noted that Commission action was
on September 28.) He asked that this application, together with
the drawing which is attached with the letter of justification be
marked as Exhibit A. He stated that the first paragraph of the
letter of justification, dated July10, 1970 contains the statement,
"It is our intention if the permit is granted, to repaint and repair
the present property as needed."
(2) Letter from West Bay Express and Drayage Company dated
August 21, 1970 and signed by R. E. Moore which stated, "Due to a
previously planned vacation, I will not be able to attend our
meeting of Monday the 24th of August. ;Jith regret, I am asking
that we postpone our meeting until the following session. However,
if you will accept this letter as my consent to oil and rock the
referenced property, this would be done within 45 days of your appro-
val, otherwise I will make a personal appearance at the next meeting."
He asked that this letter be marked "Exhibit B."
(3) Letter to West Bay Express dated September 10, 1970 from
Herbert K. 14hite, City Clerk, acknowledging their letter of August
21 and requesting their presence at the Planning Commission meeting
of September 28, 1970. He requested this letter to be marked
"Exhibit C."
(4) Copy of the minutes of the Planning Commission of September 28,
1970 which recites in part, "A motion was introduced by
Commissioner Cistulli that the application of the West Bay Express
and 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." He requested this be marked "Exhibit D" and admitted
as evidence.
(5) Registered letter dated March 8,1971 re revocation or suspension
of conditional use permit from City Planner to Blest Bay Express
notifying them that apparently they had failed to.meet the conditions
of their use permit, and that a hearing would be held on this
subject by the Planning Commission on March 22, 1971.
(6) Letter dated March 8, 1971 to holders of surrounding
property notifying them that a public hearing would be held on
March 22,1971 concerning the revocation of the Conditional Use
Permit granted to West Bay Express.
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The City Attorney requested the Chair's permission to call on
the City Planner as a witness and indicated that any statement
the Planner made should be considered as testimony. Permission
being granted, the City Planner stated that on March 19 he had
visited the property in question and could state there had been
no attempt of any sort to change the paving. The paving was the
same as it was previously. He said that the removal of junk cars
was a condition, also that the area should be paved, but that
nothing had been done, and that there was the same dirt, rock and
debris as previously existed.
The City Attorney asked if he had ever had any conversations with
Moore and the City Planner replied he did not see him at the time
of his last visit, but that on November 19 he had written a letter
to Mr. Moore suggesting that he drop into his office and talk the
situation over. The City Planner then read the letter which
stated that nothing had been done to pave the lot, and asking for
advice on when this work would be done. There had been no response
to that letter.
The City Planner went on to say that the whole theory behind use
permits is that in almost any case they are conditional. The use
permit almost invariably implies there must be conditions. He
stated that in this case the Commission spent considerable time
with Mr. Moore, and it was his contention that Mr. Moore has not
met conditions under which the permit was approved.
The City Attorney suggested that if any Commissioner had any knowledge
of conditions at this property, he should so state in order that
action could be taken.
Commissioner Norberg noted that there seems to be plenty of evidence
that Moore has not complied with conditions and he saw no other
action justified except suspension. Commissioner Jacobs also
felt that the use permit should no longer be allowed. Upon
Commissioner Taylor's question as to the practical application of
a revocation of a use permit, the City Attorney replied that the
Commission has the option to its suspension, and the permittee
has the right to appeal to the,City Council in the event of suspension
or revocation. He said that revocation would be effective by virtue
of injunctive action.
Commissioner Taylor stated that he had no personal knowledge of
the situation. Commissioner Kindig remarked that he had looked
at the property and could verify that nothing had been done.
Incidental to this, he found that on Saturday, March 20, five trucks
were parked on the street. Commissioner Cistulli felt that the
action of revocation should be taken. Chairman Sine reported that
on March 19, 20, 21, and 22 he had been by the property and there
had been no change in these four days.
The City Attorney requested a statement from the City Planner
that it was a fact he had been at the property on '.larch 19. The
City Planner replied that it had been a matter of observation for
some time on his part, and on March 19 he went to see if any action
had been taken after receiving notice of the revocation hearing.
A letter was read from Gordon J. and Lillian M. Hagstrom, owners
of adjoining property giving their consensus of opinions of
the operation of Kest Bay Express. They stated that the operation
was out of character_ wit'n surrounding and adjoining development,
that it constitLecd an attractive nuisance with youngsters playing
on the parked trucks and sometimes jumping from the trucks to the
roof of the Hagstrom building, which has several skylights. The
Hagstroms requested that if the permit is continued, West Bay should
be instructed to maintain their property in a more orderly fashion
and also enclose the area with a fence.
There was no one in the audience in favor of the continuation of
the use permit, nor was there anyone in favor of its suspension.
A motion was introduced by Commissioner Mink that the conditional
use permit granted to Vest Bay Express for the use of the lot at
1330 Rollins Road for truck parking be revoked. This motion was
seconded by Commissioner Cistulli and carried unanimously upon
roll call.
Commissioner Mink moved that the Secretary of the Commission send
notification to ;Nest Bay Express of the revocation of their permit
and informing them that they have a right to appeal at the April 5
Council meeting. Motion was seconded by Commissioner Kindig and
carried unanimously on a voice vote.
6. DENIAL OF SPECIAL PERMIT APPLICATION FOR CAR WASH AT BROADIKAY
AND CAROLAN BY CABLE CAP. `nTASH, NAPA
Chairman Sine announced a public hearing on the application of the
Cable Car Wash Company, Inc. of Napa to construct a car wash operation
at the southwest corner of Broadway and Carolan on Southern Pacific
property, Cable Car Nash being -represented by Cyrus J. McMillan.
A letter received with the application stated that the location
desired on S.P. ground is 35' width on Broadway, and 600' length
on Carolan Avenue. It referred to accompanying photographs of another
location for the attractive appearance and landscaping of the facility,
noting that the recommendations of the City Park Department would
be accepted concerning landscaping. It was reported that the
operation consists of two traffic lanes passing a single gasoline
pump island. Cars are driven to the building containing the
washing machinery and the driver stays in the automobile, which is
propelled on a conveyor through the washing process. Mention
was made that there are no such facilities in either the Burlingame
Avenue or Broadway district, and this operation would serve an
existing need. it was also noted that because of the narrow
width of the land involved, any other useage would be difficult and
impractical. The letter also stated that the applicant had constructed
similar installations in other cities which have been satisfactorily
received.
Commissioner Jacobs at this point requested the Chair's permission
to address himself to the City Attorney. This being granted, he
told the City Attorney that Mr. McMillan, representative of Cable
Car Wash, was his own attorney and he was involved in several ventures
with him. He questioned whether this would involve a conflict of
interest and volunteered to waive his right to vote on this
application. It was the opinion of the City Attorney that the
present situation would involve no conflict of interest.
Upon the chair's invitation, Mr. McMillan made a presentation of
his client's proposed operation. He displayed to the Commission
a large rendering of the car wash,_ and noted that the Broadway
entrance had been deleted because of the Commission's objections
at the previous study meeting. Cars would enter on Carolan and
drive on either side of a gas pump. 35' x 30' of the area would be
landscaped, using the Park Superintendent's recommendations. He
noted that the building was designed by Architect Keenan, and
introduced Mr. Al Kamura, one of the principals of Cable Car Wash.
Mr. McMillan reported that Cable Car Wash had similar facilities in
Napa, Chico,,and Davis, and read a letter from Mr. George Oliver
of the City of Napa stating that their business had proved a welcome
addition to the city. Mr. McMillan noted that the Davis car wash
site is also on SP -right-of-way, the same width but not quite as
long.
He then brought up the subject of land use, and cited the City
Planner's memo presented at a study meeting covering the questions
of zoning, right to improve, and gasoline sales. At this point,
the City Planner indicated that the memo had been rewritten with
respect to minor details and gave copiesto the Commission and
Mr. McMillan.
After reading this, Mr. McMillan stated that he felt the revised
memo brought out the same ideas in substance, and went on with his
clarification of three -points contained therein.
First of these was the matter of this constituting a precedent.
He stated he felt that the Burlingame Planning Commission had always
decided an application on its own merits and not as a matter of
precedent.
His second consideration was the objection raised that SP failed
to contribute to the assessment district, and he brought out the
fact that he was not representing the Southern Pacific Railroad
but his client, an individual business man.
Mr. McMillan then went on to his third point which was the
definition of a service station. He stated that this operation
was essentially that of a car crash, that his client could not have
the gas service open to anyone who was not going through the
car wash, and that since no tires, batteries, lubrication services
etc. were for sale, it was not., in fact, a service station. He
mentioned that the City of Napa has a 500' service station ordinance
and their operation there was determined not to be a service
station under the city code, that gasoline is only incidental to.
the car wash.
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The City Engineer commented that they gave a free car wash with
ten gallons of gas, and this was conceded.
The City Planner requested the Chair's permission to read his
revised memorandum aloud. This was done, and Mr. McMillan stated
he felt he might agree with the views expressed as to Southern
Pacific's responsibility, but questioned what could be done
with this strip of land otherwise. His contention was that
no development would ever be put on this property and this was
an opportunity for an attractive service on an otherwise
useless piece of land, stating this property fronts on Broadway
which is a business district.
There were no comments from the audience favoring the application.
Upon the Chair's query as to whether anyone opposed the application,
Mr. Don Tateosian of 15 Chateau Drive, Hillsborough, came forth.
He stated he was the owner of the property across the street from
this proposed development - the General Tire Company, 1047 Broadway
He told the Commission he has two buildings on this property, one
of seven units and one of two, and that the employees in these
buildings use this SP area for parking - that if this facility
is put in, it will cause a definite parking problem, along with
that created by the proposed 540 unit apartment building at
Carolan and Cadillac 7•7ay. He also contended that there would be
a definite traffic problem caused by this facility, especially
for traffic attempting to go west on Cadillac Way.
The hearing was declared closed.
During the period of Commission discussion, Commissioner Norberg
indicated he had no comment. Commissioner Taylor questioned the
design, particularly with regard to the entrance and exits and
the traffic hazards created by them. Mr. McMillan inf"ormed him
that the entrance would be 45' south of Broadway, and that this
facility would probably not be patronized much during the peak
traffic hours. In reply to Commissioner Jacobs' question about
exact hours of operation, Mr. McMillan stated that it would be
a seven-day a week type, probably open from 9 a.m. to 9 p.m.,
but with the main business coming from housewives etc. in the
hours from 10 a.m. to 4 p.m.
Commissioner Minl questioned if this was a specific piece of
property with definite property lines, and he was informed by
the City Planner that this is acreage which has never been
subdivided or zoned; that it is an SP right of way, on which there
were previously spur lines.
Commissioner Kindig questioned several items, the first of which
was the matter of signs. In reply to his question, he was informed
by the City Planner that no sign was allowed more than 20' in
height unless the district was rezoned to M-1. He indicated
concern as to the size of the sign, and the applicant was willing
to agree to a sign 8' x 15'. Commissioner Kindig questioned Tyr.
McMillan about the building itself, and was told that the building
would be 64' in length, the actual structure being over the car
wash itself and on both sides; also, that a fence is to be con-
structed on the railroad side. Commissioner Kindig wondered if
the noise from the car wash would disturb the restaurant patrons
at the SP station, but remarked that he was very deeply concerned
about the precedent -setting qualities of this application. He
stated that the right-of-way was the same width all the way from
Broadway to Oak Grove, and that 35' is wide enough for some small
businesses, as well as carpa_rking for car agencies; and that if
this business were allowed, others would have to be. Also, he felt
that this particular corner would look crowded, with the railroad
station, the tracks and the car wash.
Commissioner Cistulli commented that he had personally found that
this type of car wash operation, such as the one in Millbrae,
took less time than the manned type, thus causing less traffic
problems and less noise. Upon his question to Mr. McMillan, he
was informed that there would be three people present at peak times
at the most, and usually two. He felt that the facility was
attractive and doubted if positive action would set a precedent.
Mr. McMillan told the commission that his client had received no
complaints about noise and read a letter from the Napa Police Depart-
ment which stated, "This business has created no problem with
either noise or traffic congestion."
Chairman Sine was mainly concerned with the traffic control or lack
of it. Upon questioning Mr. McMillan he was informed that the
entrance would be 45' south of Broadway and there would be two
exits on Carolan, one south of the gas pump and one south of the
car wash. Chairman Sine felt that cars exiting south on Carolan
would have no problem but those desiring to go north would run
into definite trouble, compounded by the fact that the traffic from
Cadillac Way also enters Carolan at about this point. He thought
that if there were any way of guiding the traffic from the exit
so it would continue southbound, it would be much better. He asked
if the price of gasoline were not higher in car washes, and Mr. McMillan
assured him that the price would be kept at standard. Chairman
Sine4nquired if the property immediately adjacent to the tracks
were to be fenced, and was informed there would be a 3' fence and
the area would be policed as to papers, bottles, etc. He felt,
however, that the fence might serve as a trash collector.
Commissioner Mink was concerned about "piecemeal" zoning and
felt that this type of building, if allowed, could extend all
the way down SP property to Burlingame High School. He felt that
if Southern Pacific wished to gain the -financial benefits
from leasing their property, they should come to the Planning
Commission for zoning. However, he thought that this particular
car wash business would be a real asset to the community, and
conceded that this put the applicant in a very unfortunate
situation.
Commissioner Cistulli felt that the 3' fence would be too low.
Then Mr_. McMillan stated that they would raise the fence if desired,
he stated that 4' would be preferable. Mr. McMillan also said that
the railroad side of the fence would also be policed, papers picked
up, etc.
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Commissioner Norberg asked for a definite opinion as to whether
this operation was or was not a gas station. The City Planner replied
that in his opinion this was a gas stb_on; that any place gasoline
is sold for placement into an automobile is a gas station; whereupon
Mr. McMillan read the definition of gasoline service station from
the city code, which states ". .for the retail distribution of
gasoline directly to motor vehicles, oils, greases, tires and
batteries, greasing and washing, the sale of minor accessories,
etc. etc." and reiterated that they do not engage in any of the
services except the sale of gas.
A motion was:introduced by Commissioner Cistulli, seconded by
Commissioner Jacobs that a special permit be issued the Cable Car
Wash Company, Inc. for the construction and operation of a
car wash and the sale of gasoline at the SW corner of Broadway and
Ca•rolan. This was declared denied on the following roll call:
AYES: COP-IMISSIONE RS: Cistulli, Jacobs
NOES: COMMISSIONERS: Kindig, Mink, Norberg, Taylor, Sine
In the short discussion following, Mr. McMillan replied to Mr.
Tatcosian's further questions about traffic congestion caused
by this car wash, that there would be room for twenty automobiles
on this property backed up for two lanes.
The applicant was informed by the Chair that he had the right of appeal
to the City Council. Mr. McMillan stated that this would be
appealed.
The City Planner commented that the Commission was not equal to
discussing some of the questions, legal and otherwise, with regard
to the entire use of SP property. He stated he would seek a definite
opinion from the City Council.
NEW BUSINESS:
None.
ADJOURNI•'IENT
The meeting regularly adjourned at 10:45 p.m.
Respectfully Asubmitted,
Everett K. Kindig, Secretary
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