HomeMy WebLinkAboutMin - PC - 1972.11.27THE CITY OF BURLINGAME PLANNING COMMISSION
November 27, 1972
COMMISSIONERS PRESENT COMMISSIONERS ABSENT OTHERS PRESENT
Cistulli None
Jacobs
Kindig
Mink
Norberg
Sine
Taylor
CALL TO ORDER
City Planner Swan
City Engineer Marr
City Attorney Karmel
A regular meetinq of the Burlingame Planning Commission was called to
order on the above date at 8:00 p.m., Chairman Cistulli presiding.
ROLL CALL
The above -named members were present.
raiiNii�y
The minutes of the regular meeting of October 30, the special study
meeting of November 8, the adjourned meeting of November 13 and
the study meeting November 13, 1972, submitted to members previously
were approved and adopted.
HEARINGS
1. VARIANCE FOR 10'4" x 52'0" GTE SYLVANIA ROOF SIGN AT 1811ADRIAN
ROAD BY AD ART INC. AND SYLVANIA
Chairman Cistulli announced this application for hearing. However,
the applicant was not present, and Commissioner Sine moved that this
application be carried to the next regular scheduled meeting of
December 11. Commissioner Jacobs seconded the motion and it carried
by voice vote.
2. FENCE VARIANCE FOR .IMIGHT OF 7' ON EL CAMINO REAL, REAR OF
PROPERTY AT 1155 EASTMOOR ROAD BY ALFRED E. GOSSNE R
This application was announced for hearing by the Chairman. Secretary
Jacobs read the applicant's letter giving reasons for constructing
the fence as purposes of privacy.
There was no comment from the audience either in favor of or against
this application. The public hearing was declared closed.
Commissioners Sine and Norberg had no comments. Commissioners Mink
and Taylor questioned if the fence were to be the same height as the
side fences, and Mr. Gossner replied that it was. Commissioner
Kindig questioned how the addition of one more foot would add to
privacy, and Mr. Gossner stated that school children passing on
- 2 -
E1 Camino often climbed the fence to get at fruit trees in the
yard. If the fence were higher, they could not climb it. Commissioner
Kindig did not feel that circumstances were sufficiently extenuating
for a 7' fence. Commissioner Jacobs stated if the fence in back was
the same height as the side fences, it would be acceptable. Mr.
Gossner stated he would use the side fence as a height guideline, and
that it was 616" high.
Commissioner Mink moved that the fence variance be approved for the
fence at the rear of 1155 Eastmoor be approved and that the fence
built be similar in height and style to the one presently at the
side. Commissioner Jacobs seconded the motion and the motion carried
on the following roll call vote:
AYES: COMMISSIONERS: Jacobs, Mink, Norberg, Sine, Taylor, Cistulli
NOES: COMMISSIONERS: Kindig
ABSENT: COMMISSIONERS: None
NEW BUSINESS•
1. RESOLUTION NO. 10-72 RECOMMENDING AMENDMENT TO THE OFF-STREET
PARKING REGULATIONS FOR APARTMENTS AND APARTMENT HOTELS
Secretary Jacobs read the resolution, for review and scheduling of.
hearing. Commissioner Taylor questioned Item 5 of the Findings, which
stated that during a spot check 15/ of 92 cars parked onstreet overnight
had parking permits. There was discussion of the infrequent enforcement
of the City's overnight parking ordinance. Commissioner Sine commented
he felt the resolution was long -overdue and would be a deterrent to
developers.
City Planner Swan .reported that in drafting this resolution it had
been considered important to specify covered and guest spaces, which
need not be covered. Guest spaces are specified at 0.4 per unit
up to a 4-bedroom unit, which needs 2 per unit. He commented that
50% of guest spaces could be small car parking which could represent
1/8 of the total. The effect of the resolution is to increase the
parking required for all new apartment buildings.
Chairman Cistulli commented he did not like the concept of "small
car parking" and questioned how this was arrived at. It was brought
out that if an apartment had a total of 32 parking spaces, by using,
this percentage only 4 would be small car parking.
Commissioner Sine moved that Resolution No. 10-72 be scheduled for
hearing, seconded by Commissioner. Jacobs and passed on voice vote.
ACKNOWLEDGMENT
Chairman Cistulli acknowledged the presence of Councilman Cusick
in the audience.
2. RESOLUTION NO. 11-72 ADOPTION OF R-2A DISTRICT REGULATIONS AS
POLICY GUIDELINES
Chairman Cistulli announced consideration of this resolution.
- 3 -
Secretary Jacobs read Resolution No. 11-72, which provides for a
medium density residential district of not more than 19 living units
per acre with a minimum lot size of 9,000 square feet for 4 dwelling
units, height limitation of 351, and 400 square feet of open lot area
for each ground floor unit.
City Planner Swan stated that this is a policy guideline for the
Planning Commission, and it is not being recommended for a code
amendment.
Chairman Cistulli asked for comments from the audience.
Mr. Chuck Nolan of 221 Victoria stated he thought there should be
something attached to the resolution stating that this R-2A district
would apply to areas currently considered R-2 but definitely would
not apply to R-1 areas; and that R-2A would be just a modification
of R-2. He considered this district nothing other than a tool to
obtain redevelopment, and he didn't want to see townhouses become a
compromise for people who want apartments in R-1. Chairman Cistulli
commented that most of the lots referred to in R-1 are not 9,000
square feet. Mr. Nolan commented he knew of one R-1 lot that had
10,000 square feet and repeated it would be better to specify going
from R-2 to R-2A, but not from R-1 to R-2A.
Commissioner Sine stated there had not been a building permit issued
for over seven years for a duplex, commenting it was financial
suicide.
Mrs. Elizabeth Andersen of 113 Crescent questioned if R-2A would
apply only to the General Plan where it is already listed as R-2 or if
it would be city-wide, and whether or not it would preclude putting
together two pieces of property. She was informed it would be city-wide;
Chairman Cistulli confirmed that two pieces of property could be
put together. He cited the possihility of R-2A being used for
residential area protection, giving as an example two lots in the
residential area on E1 Camino, where the owner wished to put a
gasoline station. R-2A could be used there for residential units.
Mrs. John Barton, 734 Winchester Drive, addressed the Commission,
stating it was the concern of many citizens that the Planning Commission
not change a low density area to a medium density area. Chairman
Cistulli replied that the resolution did not change the density; it
is a guideline. He added that applicants for a variance must come
before the Planning Commission in any event. Mrs. Barton asked
that these changes in zoning be discouraged, since every time they
occur residents of an affected neighborhood must come before the
Planning Commission or Council and object. The Chairman repeated
that all variances must come to the Commission for approval, even if
the applicant had a 9,000 square foot lot and wished to change from
R-1 to R-2A.
City Planner Swan emphasized that R-1 is up to 8 living units per
acre, R-2 is up to 16 living units per acre. For both categories
the same minimum size lot, 5,000 square feet, (Zin be used. The real
point of the proposed policy is the need for something that is
consistent with the General Plan for medium density. At present there
is need for intermediate regulations between R-2 to R-3. An important
part of the R-2A policy guidelines is the requirement that at least
400 square feet of usable open space be provided for each unit. This
is a -.more stringent requirement than is found in most ordinances.
Actually, a density of around 15 units per acre could be expected.
It is very unlikely that there will ever be a change affecting a
whole block of residential land. A small project on a few lots is
likely. Without something like this we will see property remain
vacant because it is uneconomical to construct new duplexes.
There was a question from the audience as to why people can build
duplexes in San Mateo and they can't build them in Burlingame.
Chairman Cistulli stated the cost of land in Burlingame is too
expensive.
Chuck Nolan commented that of course the proposed policy would not
make a lot of money for speculation. He claimed that with a variance
it would be possible to get an R-4 building in an R-1 zone.
Commissioner Mink addressed the speakers from the audience. He stated
that the Planning Commission had started consideration of this R-2A
zone on December 13, 1971, and this resolution is the result of an
inordinate amount of study. He spoke of the restrictions in this
proposal, such as the height limit_-, and brought out the fact that
when the resolution was read, there was a statement to the effect
it would be reconsidered annually. This is a trial proposal to see
if we can maintain continuity of life and open space. It is merely a
guideline and not an ordinance. Also, we have no zone at present
which approximates medium density. The Planning Commission has
struggled for a year with this proposal so that they could comply
with the General Plan, and the Commission is saying that it is
time to try it for a year. It is to be considered for property in
areas shown in the General Plan as medium density, and then only
upon application for a variance with adequate justification.
Mr. Nolan commended the efforts of the Commission, but felt the
Commission should set forth it was not their intention to affect
any R-1 property.
Commissioner Mink responded that under the present variance
procedures, any person who owns property, no matter how zoned, can
ask for a variance.
Mrs. Andersen questioned the setback requirements for R-2A and how
they differed from R-2. The City Planner replied that the setbacks
and height requirements are the same as for R-1.
Sam Marenco of 207 Clarendon stated it seemed then that R-1 did not
mean anything. Anyone with a large lot could ask for a variance
to build anything in R-1, such as a duplex or triplex. Commissioner
Taylor mentioned the setbacks required for R--2A, and Chairman
Cistulli added that at the present time anyone can come in and ask
to build a duplex next door to a single family house. He stated
that R2-A would have the same setbacks and height requirements as a
- 5 -
single family residence - if there were townhouses they would be the
same as a flat, and not more than 35 feet in height.
Mr. Marenco said he had recently made a survey of his district, and
95/ of the people therein wanted to live as they are now, even though
they have the space for duplexes. They did not want duplexes in
their district. He felt the Planning Commission should accede to the
wishes of the people.
Commissioner Mink commented that the present requirements specify
that dwellings can be built on a lot of 5,000 square feet, whereas
this resolution requires a lot of not less than 9,000 square feet.
Also it definitely requires specific open space around the units. This
would create a much more open type of development than R-2 ever_
could. He quoted the first finding in the resolution: "We find
that there may be a need for a residential district that is comparable
to the medium density category of residential use expressed in the
General Plan." He commented that it was not a Planning Commission,
and had never been, to expand this into the R-1 district; and stated
his own concerns about reduction of R-1 land. He noted he too would
resist this as long as possible.
Commissioner Kindig agreed with Commissioner Mink. He stated that while
it was true that anyone in any zone can come in for a variance
application, the Commission had given very few variances for apartments
in R-1 districts. As far as he was concerned, there was no intention
of applying this policy to anything other than medium density in the
General Plan, and no intention to expand into any other area.
Commissioner Sine stated that he had been on the Citizens Committee
for'the General Plan and it was his understanding that this R-2A
is only to implement the General Plan. He thought everyone had
overlooked the square footage of an R-2A in relation to the open
space required. There would be more open space than in a lot of the
R-1 properties, and certainly more than in R-2. He stated this was
an excellent concept that we have never had before, and time would,
tell what problems there would be.
Commissioner Mink added that a careful analysis of the R2-A outlines
and the parking recommendations for off-street parking would reveal
that this will restrict the multiple family dwellings in the city.
He stated this was the Planning Commission's intention in drafting
these documents to restrict and control the requests for multiple
family dwellings coming up in Burlingame. However, there are some
areas zoned R-1 which show in the General Plan as R-2. It is the
Commission's feeling that R-2A does maintain the quality of life as
specified in the General Plan.
Commissioner Kindig stated that this is only a policy declaration.
If anyone wanted to build an apartment in an area zoned residential,
it still would have to be a variance application.
Mr. Nolan stated he was impressed with the work of the Planning
Commission in many instances and thought there were at
present qualified men on it. However, ne felt that in this instance
it should not depend upon the intent of the present Commission since
people can justify variances by stating they are close to the requirement:
of a specified zone in such respects as parking, height, etc. Rather,
the policy should state there will be no R-2A in an R-1 zone. Then
applicants for variances would be opposing a policy rather than
appealing it, which would place them in a different position.
Commissioner Taylor responded that while Mr. Moran proposed the
Commission not be in a position to grant a variance in an R-1 zone,
the present law specified that the Commission is forced to consider
applications for variance. He added that (under the General Plan)
supposedly There are some areas which are going to be converted from
R-1 to some other density. This proposal makes it possible to consider
a lesser density than is possible at present. The Commission wishes
to be able to consider a density that is more livable than any we have
now. He stated that Mr. Nolan had inferred that variance applicants
could "trade" square footage for design, etc., and this proposal
would limit the amount of "trading" that could be done. Commissioner
Taylor added that he was encouraged by this resolution and the fact
that the Planning Commission was able to formulate it. He acknowledged
that there are problems to be faced, but thought it a step in the
right direction.
Commissioner Mink told the audience that they must realize that the
Planning Commission considered each case on its own merits, and
appreciated their comments and attendance in this type of discussion.
Celestino Romoli, 109 Stanley, questioned if the Commission was trying
to change R-1 zoning to R-2A and increase the density. The City
Planner responded that the Stanley Road area is shown on the
General Plan as low density, not medium density, and he would
discourage application for a variance for any land use except a single
family dwelling.
Chairman Cistulli noted the presence at the meeting of Building
Inspector John Calwell.
Commissioner Taylor commented that those people interested should
get a copy of the General Plan and observe what the medium density
zones are; then consider this resolution in conjunction with the
General Plan and with the parking ordinance.
Commissioner Sine stated that'he had said that we are very fortunate
that we do not have any slum or ghetto areas. We have some that
are on the fringe. Hopefully, this zoning will be the first step
to eliminating some that are on the fringe of a ghetto area.
The public hearing was declared closed.
The Commission members had no further comment.
Commissioner Taylor moved that Resolution No. 11-72, Adoption of R-2A
District Regulations as Policy Guidelines, be adopted and that a
copy of this resolution be forwarded to the City Council.
Commissioner Minh seconded the motion, and it passed unanimously
on roll call vote.
- 7 -
3. RESOLUTION NO. 12-72 TO REPUBLISH ZONING MAP
Secretary Jacobs read this resolution. There was no Commission comment.
Commissioner Kindig moved the resolution be scheduled for public
hearing, Commissioner Taylor seconded and the motion carried by
voice vote.
4. LETTER TO MAYOR AND CITY COUNCIL RECOMMENDING CONSIDERATION FOR
ADDING AN AMENDMENT TO THE ORDINANCE CODE TITLE 22 SIGNS REGARDING
PERMIT FROM PLANNING COMMISSION FOR SIGNS LARGER THAN FIFTY (50)
SNUARE FEET ON A SINGLE FACE.
Secretary Jacobs read this letter. Commissioner Sine asked how the
footage was derived. The City Planner replied that this seemed
reasonable since the maximum real estate sign size is 32' square feet.
Also, in the standards of Resolution 86-72 adopted by the Council, an
E.I.R. was deemed necessary for signs larger than fifty square feet.
There was Commission discussion of sign sizes, with Commissioner
Sine declaring he wished maximum size should be 20 square feet and
Commissioner Mink stating he did not wish to see a lot of little
signs. Chairman Cistulli thought the 20' sign too restrictive.
Commissioner Taylor was opposed to roof signs. There was a comment
that if applicants did have to come before the Commission for these
smaller signs, he would make better preparations, thus resulting
in better signs for the city. Building Inspector Calwell stated
that he was opposed to limiting signs to 20 square feet since this
would create an inordinate work load.
After more discussion it was the consensus of opinion that 32 square
feet on a single face would be a more acceptable size.
Commissioner Sine moved that the letter to Mayor and City Council be
sent recommending consideration for adding an amendment to the sign
code regarding permit from Planning Commission for signs larger than
32 square feet on a single face. Commissioner Jacobs seconded; the
motion carried by voice vote.
ACKNOWLEDGMENT
Chairman Cistulli announced the presence of Councilman Amstrup in
the audience.
ADJOURNMENT
The regular meeting adjourned at 9:55.
RECONVENE
The study meeting convened at 10:05.
1. SPECIAL PERMIT TO CONSTRUCT A 3-STORY OFFICE BUILDING OVER PARKING
AT 1240-50-60 HOWARD AVENUE BY 200 PARK ROAD COMPANY.
1A. RESUBDIVISION, PORTION OF LOTS 16 AND 17, BLOCK 6.
Plans were distributed and City Planner Swan informed the Commission
that this application is for remodeling and extension of the existing
building. It will involve two floors of office space and 13 parking
spaces. He cited the regulation which states that a building more than
two stories in height in a Parking District is subject to a special
permit as is any building more than 15,000 square feet in floor area.
Mr. Ingersoll of Carr, McClellan, Ingersoll, Thompson and Horn, was
present as the applicant's representative and discussed various aspects
of the building. After some Commission discussion, Chairman Cistulli
announced this special permit application would be heard at the meeting
of December 11, 1972.
2. REVOCATION OR SUSPENSION OF SPECIAL PERMIT FOR PENINSULA GENERAL
TIRE AT 1028 CAROLAN AVENUE, OWNER OSCAR PERSON.
City Planner Swan presented a letter to Person -Western Inc. for
Commission Secretary's signature, informing them of the Commission's
decision to consider revocation of this special permit on December 11,
1972. He stated this letter would be sent registered mail. Louis
M. Segal would also be informed, and regular notices would be
mailed to residents in the area.
3. ENVIRONMENTAL IMPACT REPORT FOR 18-UNIT CONDOMINIUM AT 1205 EL
CAMINO REAL
The City Planner announced that this EIR was being prepared, stating
that since the Planning Commission had reviewed plans for the under-
ground garage it was felt wise that they also should .review the EIR.
This will be reviewed at the meeting of December 11, 1972.
4. BUILDING PERMIT FOR TERMITE REPAIRS AT 113-115 DWIGHT ROAD IN AN
R-1 DISTRICT FOR LEN R. ANDERSON, OWNER.
The City Planner presented this situation for Commission discussion.
This property is up for sale, the seller wishes to complete the sale
but there is a structure on the rear of the lot in need of termite
repair. The structure is 50-60 years old, the second house on an
R-1 lot and hence non -conforming. It is located on the property line.
Building Inspector Calwell stated he thought it could not be repaired
since it would not meet the State Pest Control Act, since the floor
is less than 12" above grade. There was discussion of percentage of
repairs allowed on a non -conforming building and whether or not this
non -conforming building could be demolished. The City Attorney noted
that a non -conforming building is not an illegal building and it is
a rule of thumb that buildings of this type are non -conforming because
we cannot prove to the contrary. There was a suggestion that staff
should prepare findings that the building is either illegal or the
cost of the repairs would exceed the percentage. The matter was
dropped.
5. VARIANCE FOR NEW 6-UNIT APARTMENT BUILDING WITH 6 PARKING SPACES
AT 612 PENINSULA AVENUE BY HAROLD C. BARBER.
6. VARIANCE FOR NEW 9-UNIT APARTMENT BUILDING WITH 11 PARKING SPACES
AT 1000 CHULA VISTA BY HAROLD C. BARBER.
Mr. Barber informed the Commission that his architect had worked on
these two plans but had found that redesign was impossible. Fie
requested that the Commission review these presentations at their
next meeting. These variance applications were scheduled for the
meeting of December 11, 1972.
CITY PLANNER'S REPORT
The City Planner reported on City Council Review of four EIR's at its
last meeting: Joint Wastewater Disposal System, Sheraton Hotel,
Kaiser -Aetna -Woodruff Building, and Anza Pacific office building.
He further reported about City Council approval of Resolution 86-72
declaring presumptions and establishing fees for EIR's; introduction
and tabling of Resolution 88-72 declaring the zoning code to be
consistent with the General Plan; and City Council approval of
Emergency Ordinance 975 requiring sprinkler_ systems in certain
structures.
The City Planner stated it appears that there may be a state moratorium
on implementation of EIR requirements. He noted the draft of the
DeLeuw Cather report had been received and was being considered by
staff.
There was a discussion of BART and the consensus was that the yard
should be located outside of Burlingame.
It was noted that Baywest Associates had made application for a site
in Belmont. Deterrents to Burlingame location were the shape of their
lot and conditions imposed upon the special permit.
The City Planner reported that the Council would consider the EIR
for the 50-unit condominium at Bayswater and Park at their meeting
of December 18.
ADJOURNMENT
The meeting adjourned at 11:00 P.M.
Respectfully submitted,
Malcolm M. Jacobs
Secretary