HomeMy WebLinkAboutMin - PC - 1972.09.25THE CITY OF BURLINGAh'>E PLANNING COMMISSION
COMMISSIONERS PRESENT
Cistulli
Jacobs
Mink
Norberg
Sine
Taylor
CALL TO ORDER
SEPTEMBER 25, 1972
COMMISSIONERS ABSENT
Commissioner Kindig-
excused
OTIMRS PRESENT
City Planner Swan
City Engineer Marr
City Attorney Karmel
A regular meeting 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.
MINUTES
The minutes of the regular meeting of August 28, 1972 and the study
meeting of September 11, 1972 were approved and adopted.
LIEAR INGS
1. SPECIAL PERMIT FOR A RECREATION VEHICLE DEALERSHIP IN AN M-1 DISTRICT
AT ADRIAN COURT AND ADRIAN ROAD BY BAYWEST ASSOCIATES RECREATION
VEHICLE COMPANY.
Chairman Cistulli announced this application for hearing. Secretary
Jacobs read a letter from Baywest dated September 7, 1972 attaching
revised site plan. The revisions include moving of the service building,
elimination of some of the exhibit areas and delineation of parking
in a maximum use situation. The letter advised of review of chemical
waste problem and the submission of details to the City Engineer.
Mr. Carl Kirker, President of Baywest Associates (hereafter called
"Baywest") and Mr. David fright, General Manager, were present as
representatives of their firm.
Plans were distributed for Commission inspection. City Planner Swan
then showed transparencies using the new overhead projector. These
included a map of the site which involves Parcel C. F, and E, a total
of 4 acres; a reduction of the plot plan; a floor plan, an elevation of
the proposed development; and an enlargement of Parcel C showing
future expansion.
The City Planner reviewed some points of previous discussion. Ile
noted that the motor and chassis work is to be done at the Dodge
dealership, and commented that a parking summary showed 32 spaces for
employee parking. This meets the requirements for the initial development,
but plans for future expansion indicate addition of 6,400 square feet
for storage and offices. This would require additional parking area.,
and he commented that there should be some method of future review
prior to this expansion. He noted that the temporary buildings must
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meet building and fire codes and be subject to a time limitation.
City Engineer 'Harr voiced his concern that highly_toxic--waste material
not be- deposited- in the_city's- sanitary sewers. -
_ Baywest is to submit a
sample of waste for toxicity.tesiing. If the sample meets the specifications,
he suggested that a condition of the permit be that the treatment system
for cleanout of RV sanitary systems be approved by him.
W .Carl Kirker addressed the Commission. He stated that the temporary
buildings would be prefabricated, and would be removed immediately
upon completion of the final structures, He declared that having the
special permit conditional upon the City Engineer's approval of the
solid waste disposal system would be acceptable. lie stated Baywest
would submit an application for a sign permit at a later date. This
will be a standard sign used by their firm on a nationwide basis and will
conform to all city ordinances.
Commissioner Sine questioned Mr. Kirker on the seven feature displays
indicated on the plans. W. Kirker informed him a display would consist
of one of the vehicles setting back from the curb line with some
landscaping around it. The displays immediately adjoining the show
room would be raised 2-3 feet. Commissioner Sine questioned the City
Engineer regarding utilities. City Engineer Marr stated that there
was adequate sewer and water. However, he would like to see Baywest's
general overall grading and drainage plan when it was finished.
Commissioner Sine questioned the City Planner. how the parking for the
future expansion could be handled. The City Planner replied that
nine (9) additional spaces would be needed for a future showroom of
5400 square feet. A redesign of both the parking layout and the storage
facilities would be needed.
Chairman Cistulli asked for audience comments against this application.
Mr.^Jayne Stiner of Sylvania Company, 1811 Adrian Road, responded.
He stated that he was not necessarily opposed to the application but
had some questions, and requested further information on the traffic
conditions that this dealership would generate, as well as individual
foot traffic that would be involved in the Adrian Court area. He also
wanted further information on the temporary buildings and the land-
scaping. He stated he had talked with Mr. 'Wright and learned there was
a similar installation in Denver. Mr. Stiner had obtained slides of the
Denver installation and asked the Commission's permission to show them.
This was granted, and he left the meeting momentarily to obtain them.
Chairman Cistulli asked for audience comments in favor of this
application. There were none, and the public hearing was declared closed.
Commissioner Norberg questioned an area shown on the plans as stairs,
and stated these should be a ramp for vehicular use. He was informed
that a ramp would be used, but did not presently appear on the plans.
Commissioner Norberg commented that it should be stipulated that an
approval of this special permit did not constitute an approval of any
future expansion. Commissioner Sine had no comment. Commissioner
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Taylor was concerned that the granting of this permit would conceivably
involve the tacit approval of the expansion, and felt that this should
be controlled. City Attorney Karmel commented that consideration of
the application for expansion could be made a condition of the granting
of the permit. Commissioner Taylor then spoke of possible "oral (noise)
pollution" produced by an outside address system and considered that
this type of communication should be prohibited. Mr. Wright stated that
a public address system is often a necessary evil but that Baywest would
have no objection to control by means of chimes or other methods.
Commissioner Mink was concerned with the temporary buildings. lie was
informed that the permanent construction would take six months under
good conditions and asked if Baywest would be willing to accept the
condition that the temporary buildings could be on the site not more than
90 days before construction and must be removed within thirty days
following completion - that under no circumstances would temporary
buildings be on the site more than one year. Mr. Wright stated Baywest
would accept these conditions. Commissioner Mink also questioned the
wording of the condition regarding expansion.
Commissioner Jacobs questioned if the solid waste disposal system would
be for the exclusive use of Baywest, and was informed this was intended
to be used for their rental vehicles. Chairman Cistulli questioned the
amount of traffic generated and the times of its greatest incidence.
Mr. Wright gave an estimate, judging from other locations, that they
might expect from 8 - 12 vehicles to come in from 8:00 to 10:00 A.M.,
with vehicles coming in occasionally during the rest of the day.
Heaviest pedestrian traffic would be on Saturdays and Sundays between
11:00 and 2:00 P.M.. At the most, there might be eight separate
families at one time.
Chairman Cistulli then questioned Mr. Wright about landscaping. Mr.
Wright replied that he sympathized with organizations such as Sylvania
who have beautiful buildings and landscaping. Ile stated that Baywest
would have landscaping which would be in harmony with that of neighbor-
ing buildings.
Mr. Stiner returned to the meeting and showed slides of the Baywest
establishment in Denver. This is a combination new and used car and
RV dealership, not an attractive installation, and the site is barren.
lie made the point that we do not want this in Burlingame.
Mr. Wright replied that Denver is planning an expansion of the RV
vehicles and the barren areas were used for storage. Ile emphasized
that the Burlingame installation would be unique in the country and they
expect to gross $5,000,000 the first year.
Chairman Cistulli questioned the fencing on the lot, and was informed
it would be chain fence of not more than b' in height and at the rear
of the lot.
Mr. Stiner questioned the possibility of the sales on this lot being
changed from RV to used cars. Chairman Cistulli informed him that the
use on the special permit would have to be changed to accomplish this.
rt was understood that Baywest would also have not more than 10 - 15
used cars to sell as trade-ins.
Commissioner Sine recommended that a detailed landscape plan by a
landscaping architect be presented to the Planning Commission at a
later date. Commissioner Mink moved that the special permit be granted
to Ba}nvest for a -recreation vehicle dealership in an M-1 District at
Adrian Court and Adrian Road subject to the following conditions:
1. Treatment system for cleanout of RV sanitary systems subject to
approval of City Engineer. Waste disposal facility to be for
the exclusive use of vehicles owned by Baywest.
2. A ninety (90) day permit for temporary buildings (prior to
starting construction of new buildings) with an extension until
thirty (30) days after occupancy of the proposed office display
center, and temporary buildings will be on the site not more
than twelve months.
3. Temporary buildings shall be subject to approval of fire
department and building inspector.
4. There shall be no pennants, flags or changeable signs.
5. No used vehicles shall be displayed within fifty (SO) feet of
Adrian Road.
6. A detailed landscape plan and parking layout shall be submitted
for approval by the Planning Commission.
7. Resubdivision Map of Parcel B to create Parcel F.
8. Subject to provision of additional customer parking depending
upon planning commission's findings after staff inspection in
October 1974 or prior to future expansion.
9. No motor, chassis, or major body work be done on the site.
10. No public address or audible call system be used.
11. Grading plans to be subject to approval of City Engineer.
12. Approval be limited to drawings submitted, specifically,
hardline drawings of all buildings; and does not include
future expansion on indicated site on Adrian Road.
Commissioner Taylor seconded the motion.
Baywest representatives objected to Condition No. 9. Mr. Wright stated
that they would be doing chassis and motor repair -because none of'the
Dodge dealerships are willing to handle vehicles of RV size. Secretary
Jacobs read excerpt from September 11 study meeting minutes which set
forth Baywest's statement that chassis and motor repair work was to be
given to the Dodge agency. Mr. Wright declared that the statement was
correct in that this type of work would have to be given to a Dodge
agency until Baywest was given a certificate to do it. He brought out that
they are to be a complete service facility for these vehicles in this area.
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There was much discussion of the unsightliness which could be involved
by this type of work, with Baywest insisting that it was absolutely
necessary. At length, they agreed to make certain that it would not
cause an unsightly condition, and Commissioner Mink amended his ninth
condition to be:
9. That the premises be kept in a clean and sanitary condition and
shall not be allowed to become unsightly by reason of the storage
or -retention of wrecked or damaged vehicles or parts or
otherwise.
This motion passed unanimously on roll call vote, and the applicant
was informed the special permit would become effective on October 3,
1972 if not appealed to the City Council.
2. SIGN VARIANCE FOR ROOF SIGN EXCEEDING TWENTY (20) FEET IN HEIGHT
FROM ROOF LEVEL AT 1021 BURLINGAME AVENUE, ZONED C-2, BY
CUMMINGS AND COMPANY FOR LEE OLDSMOBILE.
Chairman Cistulli announced this application for hearing. Secretary
Jacobs then read a letter dated September 8, 1972 from Michael
Mullery of Lee Oldsmobile requesting a withdrawal of the request.
Commissioner Taylor moved that the Commission accept this request
for withdrawal; Commissioner Jacobs seconded the motion, and it
carried on voice vote.
3. VARIANCE TO ALLOW A 6-UNIT APARTMENT IN AN R-2 DISTRICT AT 1105
CAPUCHINO AVENUE, BEING LOT 14, BLOCK 5, EASTON ADDITION BY
LE S ALEXANDE R
Chairman Cistulli announced this application for hearing. Secretary
Jacobs read Mr. Alexander's letter of application dated September 5,
1972. Mr. Alexander stated this building would conform completely
with code requirements for R-3 zoned property, and follow the precedent
already set in the block for multiple family dwellings.
At this point, Chairman Cistulli acknowledged the presence of
Councilman Dorothy Cusick in the audience.
Plans of the proposed building were distributed, and Mr. Alexander
was requested to address the Commission. He pointed out that this
is the largest buildable lot on the block; and added that the plans
have been revised. He presented two parking alternatives: the
addition of one covered parking space or the addition of two uncovered
spaces. He showed the Commission snapshots of a similar completed
apartment building he had built.
No one in the audience spoke against the granting of this variance.
Steven Sacco, 1142 Capuchino, declared he was in favor of granting
it. The public hearing was declared closed.
Commissioner Norberg disliked the "cracker -box" architecture of the
building. Commissioner Sine established that parking alternatives
were for a total of 7 spaces as opposed to 8. He also disliked
the architecture and suggested the use of a modified mansard. Mr.
Alexander agreed this could be done. Commissioner Taylor also
thought the elevation could be improved; but was mainly concerned
with the offstreet parking, and felt this building would add to
the street congestion. Commissioner Mink questioned lot coverage,
particularly with the percentage taken by driveways and paved areas.
Commissioner Jacobs felt that a better elevation should be submitted,
but had no objection to the apartments in view of the others on the
block.
Commissioner Norberg questioned the location of the storage space,
and was informed by Mr. Alexander that it would be over the car
parking areas.
Commissioner Jacobs moved that the Planning Commission grant this
variance with the conditions that a new elevation be submitted and
that the floor plan for the tandem parking spaces be submitted showing
the storage area. Commissioner Taylor seconded the motion. There
was further discussion. City Attorney Karmel suggested that action
be withheld until the Commission had approved the changes made, and
suggested consideration at an adjourned meeting. Commissioner
Jacobs withdrew his motion. Commissioner Sine moved that this
application be continued to the adjourned meeting before the next
study meeting, and that the applicant furnish new elevation and
modified floor plans showing storage. Commissioner Mink seconded
the motion and it carried unanimously on voice vote.
City Planner Swan reminded the Commission that the date of the next
study meeting, October 9, was a legal holiday, and requested they
decide on another meeting night. It was agreed among the Commissioners
that Wednesday, October 11, would be a satisfactory date for the
adjourned meeting and study meeting.
4. RESOLVE AMBIGUITY OF USE - ALIAW ADVERTISING STRUCTURE FOR
RETAIL SALES ESTABLISHMENT IN THE M-1 DISTRICT, REPO DEPO AT
1669 BAYSHORE HIGHWAY, BY RONALD A. ROSBERG. (EXISTING SPECIAL
USE PERMIT APPROVED WITH CONDITIONS BY CITY COUNCIL OCTOBER 18,
1971.) ALSO SIGN APPLICATION REFERRED BY BUILDING INSPECTOR
TO PLANNING COMMISSION PER SIGN CODE SECTION 22.24.040.
Chairman Cistulli announced this item for hearing. Secretary Jacobs
read a letter dated September 20, 1972 from Cyrus J. McMillan, Attorney,
requesting this sign application be placed on the regular meeting
agenda.
Mr. Hugh E. Connolly, Attorney, was present as representative of
Ronald A. Rosberg, and addressed the Commission.
Mr. Connolly went into background, stating his client had applied
for a building permit for a sign which does not in any way violate
any requirements, and was told by City staff that they felt unable
to grant a building permit on the grounds that there was an
application of the zoning ordinance involved, a possible ambiguity
of use. Mr. Connolly then quoted Code Section 25.42.05 "Ambiguity
of Use." which states, "If any use is for any reason omitted from
those specified as permissible in this district, or if ambiguity
arise concerning the approximate classification of a particular use
within the meaning and intent of this chapter, it shall be the
I
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duty of the Planning Commission to ascertain all pertinent facts
concerning such use and determine into which classification such
use shall be classified. The Commission shall make its recommendation
to the City Council by resolution of record, setting forth its
findings and reason for such classification." Mr.' Connolly stated
his client had made an application last year for a special permit to
operate a retail establishment in an M-1 district. The City granted
him that use, and all he asked of the building department was for
permission to erect a legal sign to advertise that use. The
attorney stated he saw no ambiguity. He commented that the ordinance
could not contemplate every use, but that the only problem at this
time was that his client would like to put up a legal sign to
identify a use which the City has permitted him.
Mr. Ronald Rosberg addressed the Commission. He spoke of his
need for a sign to identify his business, and noted the large distance
his building is set back from Old Bayshore, making it difficult to
see. He said they wanted to erect an attractive sign in_place
of the present sandwich board, and presented to the Commission
letters from neighboring businesses stating they had no objection
to the proposed sign. These letters were from Alfa Rent-A-Car
System, The Vagabond Motor Hotel, Saluto's, and Avis Rent-A-Car
System. Mr. Rosberg stated the sign would be installed by Bell
Electric.
City Planner Swan reported that Burlingame does not have a review
system for signs other than the building permit application. Signs,
if supported by the technical requirements and required information,
may be approved by Staff. Whether the sign is an advertising display
or merely a sign is a matter of semantics. He stated that in his
opinion a moving sign or a sign which could be changed is an
advertising structure. If it is an advertising structure, then it
falls under provisions that a special permit is required. The City
Planner commented that ambiguity of use would apply to a conditional
use in a particular location. He added that it has been the policy
of the Planning Commission to consider the application for a sign
separately from the special permit, on separate applications.
He quoted code reference to "Conditional Uses requiring special
permit" which states: "The following uses may also be permitted as
special uses if the site locations and proposed development plans
are first approved as provided . . ." He stated it is his contention
that the approved development plan for the Repo Depo did not include
a sign, and therefore the proposed sign isan additional (Ed. perhaps
ambiguous) use. The proposed sign is a change because it was not
a part of the special permit (approved October 17, 1971.) It is
up to the Planning Commission to find whether an additional sign or
a new sign is to be permitted with the special permit and also
whether the specific sign could be approved or not.
Mr. Connolly stated that nothing had been stated wherein his client's
sign violated any city ordinance, and he did not think there was a
reasonable ambiguity concerning his right to erect a sign.
City Attorney Karmel agreed that there is an ambiguity of use. He
stated that this special permit for an M-1 zone was granted for
that special use and nothing more. He felt there should be an
application for the sign because it was not included in the special
permit. He stated that this is also an incomplete sign; that part
of it did not have lettering on it. The Building Inspector had
referred it to the Planning Commission on the assumption that they
should approve whatever the sign would contain.
Mr. Rosberg replied that both sides of the sign were complete with
lettering for identification and there was a readerboard for the
purpose of advertising his merchandise.
Chairman Cistulli emphasized that this was the reason the sign
needed a special permit - it had a readerboard and was a sign for
the purpose of advertisement. He cited the Hyatt House and its
readerboard.
There followed discussion concerning lack of communication, with both
Mr. Connolly and Mr. Rosberg protesting there had been no mention of
the readerboard at the study meeting.
Commissioner Taylor wished clarification on the procedure dealing
with an ambiguity. The City Attorney stated that the Commission
does determine that there is an ambiguity of use. If there is, a
resolution and findings are conveyed to the City Council.
There followed a discussion of what the readerboard should contain.
City Attorney Karmel referred the applicant to the sign ordinance
concerning prohibited signs. This states in part that a sign shall
be prohibited if it carries the advertising of a person other than
the occupant of the land on which it is placed. He commented that
the sign would be acceptable if the reader board did not advertise
anything which is prohibited by the sign ordinance. Mr. Connolly
stated this would be agreeable to the applicant.
Chairman Cistulli asked for audience comments against the sign.
There were none. Two people in the audience spoke in favor, Mr.
Roger Hayne, 1654 Ascencion, San Mateo, who has a business on old
Bayshore; and Mr. Craig Thompson, resident manager of Burlingame
Hyatt House.
Secretary Jacobs read the aforementioned letters from neighboring
businesses approving the sign.
There followed a discussion of procedures necessary to resolve
the ambiguity.
City Planner Swan raised the question: Where is the responsibility
for the sign when the Commission has approved a special permit?
Should the sign come before the Commission? He stated he felt that
there was an ambiguity since the Commission would like to see the
sign because it was not a part of the plan, even though the sign would
meet the ordinance requirements. Commissioner Mink agreed that
there was an ambiguity in the granting of this special permit
because the sign was not included as a condition.
Commissioner Jacobs moved that the sign application be approved -
with the word of the applicant that the sign would contain only
advertising of the merchandise that is sold by him. Commissioner
Taylor seconded the motion.
There was discussion of how a motion could be formulated to resolve
the ambiguity. Commissioner Taylor commented that he thought the
City Planner wanted the Commission to resolve the question of whether
a sign should be referred as a matter of policy on each special permit.
He thought a resolution should be adopted.
Commissioner Jacobs withdrew his motion.
Commissioner Mink moved that for conditional uses requiring a
special permit, addition of signs and additional structures or
additional developments over and above the original plan are subject
to Planning Commission approval. Commissioner Taylor seconded the
motion and it passed unanimously on roll call vote.
Commissioner Jacobs restated his motion, and it passed unanimously
on roll call vote.
RECONVENE
After a recess at 10:35, the meeting reconvened at 10:50.
5. AMEND SPECIAL PERMIT FOR REVISION OF ATLANTIC RICHFIELD SERVICE
STATION AT BROADWAY AND ROLLINS ROAD.
Chairman Cistulli announced this item for hearing. Secretary
Jacobs read a letter from ARCO dated September 25, 1972, defining
their final plans. These are essentially the same as approved
earlier in the year, varying from the original only in internal
and structural modifications. It also indicated compliance with
the original conditions.
City Planner Swan explained that Mr. Clausen had discussed with him
the change in plans. The facade will not be brick or masonry unless
the Planning Commission desires. It is now rustic - a board and
batten exterior.
There was some discussion of these revised ARCO plans which take
this application out of stalemate. Commissioner Sine moved that
the Commission accept these modified plans as presented by ARCO.
Commissioner Jacobs seconded the motion and it passed unanimously
on roll call vote.
NEW BUSINESS
1. R-2A District Regulations:
The City Planner explained that this is an updated draft of the
proposed zoning code amendment. He spoke of the alternatives on
parking - 1'h spaces per unit and 2 spaces per unit; mentioning
that as a guideline 1'h spaces might be more realistic with 2 spaces
for 3 or more bedrooms. He mentioned alternatives in lot coverage -
50% coverage; 60% corner lot with 55% interior; 60% corner lot with
50% interior. This draft is preliminary to bringing back a final
draft so that it can be considered for hearing.
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Commissioner Mink stated that if the open space requirements could
be not less than 400 square feet he would be glad to go along with
60% on the corner lot and 50-55% coverage on the interior. He
would prefer that no building exceed 2 stories exclusive of garage.
The City Planner noted it was the intent that there be two living
floors. If the base is devoted entirely to garage, there could be
two levels of living above that. Chairman Cistulli brought up
the question of the invasion of privacy to neighboring buildings
engendered by two story buildings and stated he would like to see a
little more coverage and the garage under one floor rather than two
floors. He would rather have a garden type of building, and stated
he thought a triplex would be just as good an investment as 4 units
on a 9,000 square foot lot. A triplex would give a comfortable
living area. He also stated he would limit the two stories of
living area to not more than 22' in height. Commissioner Sine
commented that other residential zones have a height limitation of
351, and felt this one should not be limited to 22". Commissioner
Taylor suggested a requirement that the parking area be submerged.
There was much further discussion.
The City Planner suggested that this draft should be studied before
an action is taken. Commissioner Sine suggested that the entire
Commission have their comments available before a final review of
the draft is made. It was agreed that this amendment be discussed
at the regular meeting in November.
2. City Planner Reports
October meeting: The City Planner suggested that the date for the
regular meeting in October be changed, since Monday, October 23,
is a holiday. It was agreed that the regular meeting would be
held Monday, October 30.
Census The City Planner reported that an updating census would be
prepared October 1, 1972.
SB1118. This bill refers to subdivision law and improvements thereto.
The City Planner stated the League of California Cities bupports
it, and he plans to draft a letter of support and present it to City
Council, to be sent at their discretion.
An application is being drafted to claim funds for a new public
transportation system within the City of Burlingame.
Notation of four planning commission items before the Council
on October 2: Drive-in screen for Anza Pacific; 1000 Block Capuchin
reclassification; Anza Pacific reclassification to C-4; Interim
open space element.
Notation of parking meeting, October 10. Special study meeting
of City Council 4th of October relative to Anza Pacific property
and the State Lands Commission.
Commissioner Mink stated that he was impressed with certain parts
of Proposal 20, the Coastline Initiative, and moved that the Planning
Commission recommend that the City Council consider a statement
supporting Proposition 20. This was seconded by Commissioner Taylor
and carried on the following roll call vote:
AYES: COMMISSIONERS: NORBERG, MINK, CISTULLI, TAYLOR
NOES: COMMISSIONERS: JACOBS
ABSTAIN: COMMISSIONERS: SINE
ADJOURNMENT
The meeting was adjourned at 11:40 p.m. to the study meeting of
October 11, 1972.
Respectfully submitted,
Malcolm Jacobs
Secretary