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HomeMy WebLinkAboutMin - PC - 1972.08.28THE CITY OF BU RLINGAME PLANNING COMMISSION August 28, 1972 COMMISSIONERS PRESENT COMMISSIONERS ABSENT OTHERS PRESENT Cistulli None City Planner Swan Jacobs City Engineer Marr Kindig City Attorney Karmel Mink Norberg Sine Taylor CALL TO O RDE R 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 Commissioner Sine requested a correction of the minutes of July 24, Page 12, third paragraph, "(He stated) the floor was out of plumb." to . .the second floor was out of plumb approximately two inches." Correction was also requested on Page 13, 6th paragraph with the addition of the sentence, "The report from the Fire Department was that there was no objection." The minutes were corrected as requested and were then approved and adopted. The minutes of the adjourned meeting of August 14 and the study meeting of August 14, 1972 were approved and adopted. HEARINGS Chairman Cistulli requested the Commission's consideration of Items No. 5 and No. 4 out of agenda order. 5. VARIANCE TO ALLOW J. H. SNYDER COMPANY OFFICE IN THE EXISTING MASONRY STRUCTURE AT 1011 CADILLAC WAY, LOCATED ALONG THE NORTHERLY PROPERTY LINE, AND JOINT USE OF PARKING WITH NORTH - PARK APARTMENTS IN AN R-4 DISTRICT BY L. BURLINGAME, INC., HENRY L. RICHMAN. Mr. Henry L. Richman of L. Burlingame, Inc. addressed the Commission and stated he wished to withdraw the application. Chairman Cistulli asked that the Commission indicate their approval or disapproval of this withdrawal by voice vote. It was unanimously agreed to accept this withdrawal. 4. SPECIAL PERMIT FOR A RECREATION VEHICLE DEALERSHIP IN AN M-1 DISTRICT AT ADRIAN COURT AND ADRIAN ROAD BY BAYWE ST ASSOCIATES RECREATION VEHICLE COMPANY Secretary Jacobs read a letter dated August 21, 1972 from Carl E. Kirker, president of Baywest Associates requesting postponement - 2 - of the public hearing on this application until a date in September. Mr. Kirker stated that he and his General Manager had to be in another state for a previously established meeting on August 29. He also noted that there must be an adjustment of the property line, due to a pending sale, with resultant necessity for adjustment of plans. This will require more time. The letter noted that Mr. Munsey, vice-president of Baywest, and an associate of the architect would be at the present meeting to give further information if requested. Chairman Cistulli asked these representatives of Baywest if they wished to comment further. They replied in the negative. Commissioner Sine moved this hearing be continued for one month to the next public hearing. Commissioner Kindig seconded the motion, and it carried unanimously by voice vote. Commissioner Kindig suggested that Baywest present any proposed change in plans at the study meeting Of September 11, and the representatives agreed. The owner of a neighboring firm on Adrian Road requested permission to look at the plans and was informed he would have this opportunity at the study meeting. 1. VARIANCE TO ALLOW UPGRADING THE EXISTING APARTMENT BUILDING AT 1452 BELLEVUE AVENUE, BEING SW 50 FEET OF LOT 1, BLOCK 8, BURLINGAME LAND COMPANY MAP NO. 2 (APN 029-111-140) ZONED R-4 BY JAMES GONG (CONTINUED FROM.JULY 24 HEARING). Chairman Cistulli announced this application for hearing. Secretary Jacobs read correspondence dated August 14, 1972 from Renan G. Dominguez, structural engineer, stating that he had established that the location and design of the shear walls is adequate for the proposed work. Mr. F. B. Schlageter, attorney for Mr. Gong, then addressed the Commission, stating he felt the Commission had every- thing in its hands for definite action at this time. City Planner Swan distributed plans and these were discussed by Commission members. Chairman Cistulli then asked for audience comments on this application and there were none, either for or against. The public hearing was declared closed. Commissioner Norberg considered the plans for the shear wall adequate, but still questioned the parking, stating that five cars would have to back out6nto the street. Mr. Schlageter commented that there were two different layouts for parking and they were willing to abide by either one. He added that efforts toward planning for this upgrading had been going since April, and it would appear that a definite decision could now be made. Commissioner Sine, commenting that this application certainly had not been in front of the Planning Commission since last April, felt that the plans were an improvement and that the owner was most cooperative. He definitely did not like the parking, but felt it was an improvement over the present situation. Commissioner Taylor indicated support of the application because of the overall improvement over what is presently there. He felt the owner was to be commended, but did not like the parking and suggested that spaces 9 and 10 be made parallel to spaces 6,7, and 8. Commissioner Mink had nothing - 3 - i to add. Commissioner Jacobs felt the owner had done a good job of attempting to improve the property, and commented that backing out of a driveway is everyday procedure with many people. He was in favor of improving this property rather than leaving it in its present form. Commissioner Kindig questioned why the location of parking spaces 6, 7, and 8 had been changed, and was informed these were small car spaces in the rear and could be turned around. There was a discussion of shear walls and the removal of a stub end to facilitate parking. Opposition to this step was indicated. City Engineer Marr questioned whether or not the fence would still be constructed on the property line between this and the adjacent property. He stated that if it were it would work a considerable hardship, and all the room was needed for a common driveway. Neither Mr. Gong nor his attorney would commit themselves on this fence, and the point was made by Commissioner Mink that the issue in question was the rehabilitation of the building and that it was the owner's privilege to build a fence if he desired. Commissioner Sine moved that this variance to allow upgrading the apartment building at 1452 Bellevue Avenue be granted contingent upon compliance with the applicable building and fire codes, and upon moving of parking spaces 9 and 10 as originally presented on Plan No. 1, the variance to be effective upon submission to the City Planner of a revised drawing showing parking allocations as required by the Commission, and upon approval of such revised drawing by the City Planner's endorsement in writing and signature. Commissioner Jacobs seconded the motion and it carried unanimously on roll call vote. The applicant was informed this variance would become effective September 6 if not appealed to the City Council. 2. REVOCATION OR SUSPENSION OF SPECIAL PERMIT FOR BUSINESS OFFICE AND RESIDENTIAL USE OF UNCLASSIFIED LAND AT 290 BURLINGAME SQUARE, BURLINGAME DEPOT, BY MRS.FRANCES FENA, TENANT ON LANDS OF SOUTHERN PACIFIC TRANSPORTATION COMPANY. Chairman Cistulli announced this hearing, and called upon Mrs. Fena to address the Commission. Mrs. Fena spoke of her efforts toward maintaining the station area properly. She noted the paving of the parking area, planting of a tree, and expense incurred on the interior of the station, and commented on the difficulties of keeping trash picked up because of hippies in the area who throw bottles and other refuse in the yard. She stated her son takes care of garbage disposal and carries the trash to the dump, and that the yard has been watered and the grass cut. On questions from Commissioner Kindig, Mrs. Fena stated that she would keep the grass in its present good condition, and that it was specified in her rental agreement with the Southern Pacific that grass and shrubbery be well maintained. Commissioner Sine requested the Commission Secretary to read the City Planner's report of August 22 on this property. Secretary Jacobs read this report, which cited the grass maintenance and tree pruning, but also �Im noted evidences of poor housekeeping such as broken windows in cottage, hedges not pruned, and bottles and debris on and around the lawn. Mrs. Fena commented she was not responsible for the trash which the commuters left. Chairman Cistulli told Mrs. Fena she had not conformed to the conditions which the Commission required since the first day the permit was granted. He then requested the City Attorney to give an opinion as to what could be done in this case, and whether it could be continued on a month to month basis. City Attorney Karmel stated that there could be a monthly staff report, if the city staff had time for this activity; the permit could be suspended; or the matter could be continued for another month or two months with the idea that corrections would be made. Commissioner Sine stated he had visited the station this date and conditions were basically still the same as in the City Planner's report. He moved that Mrs. Fena be granted a 60-day extension of time in order to bring the S.P. station and its area up to the conditions required in the permit. Commissioner Mink seconded the motion and it carried unanimously on voice vote. ACKNOWLEDGMENT Chairman Cistulli announced that Commissioner Sine had a communi- cation to read to the Commission. Commissioner Sine read a letter dated July 25 addressed to him from Mr. Frederick Munich, a former applicant for variance which the Planning Commission had denied. In his letter Mr. Munich praised the Commission's attitude of fairness and their steadfast adherence to the principles of the City code. He also noted he had been misinformed by his real estate agent as to the cut-and-dried aspect of obtaining a variance on a controversial non -conforming property; and felt that because of the Commission's denial he had been spared financial and construction problems. It was indicated that Chairman Cistulli had also received a personal letter of the same nature from Mr. Munich. 3. TENTATIVE PARCEL MAP FOR RESUBDIVISION OF LOT 40 AND PORTION OF LOTS 39 AND 41, BLOCK 58, EASTON ADDITION TO BURLINGPM E NO. 7, ZONED R-1, BY R. C . DAUBEMI RE . Chairman Cistulli announced consideration of this parcel map, and City Planner Swan distributed copies of the tentative plot plan. Mr. George Beatty, of the firm of Louis Arata, explained that they plan to resubdivide this property into two equal standard size lots of 50' x 120'. This will require modifying the existing residence by removing that portion of the structure within the normal five foot side yard setback area. This involves an outside porch and a dining room. Mr. Beatty noted that this application is made by the present owner of the property, Mr. John Devine. Chairman Cistulli asked for audience comments for and against this parcel map. There were none, and the public hearing was declared closed. City Engineer Marr, noting that the new owner had signed the parcel - 5 - map, stated that Devine had obtained a building permit the week of August 20 to remove a portion of the building. However, the building inspector had checked the location as of this date and no work had been started. He felt there should be no building permit issued for the second lot until the work had been completed on the structure presently on the first lot. On a question from Commissioner Taylor Mr. Beatty stated that the removal of part of the structure would be contingent upon the approval of the parcel map; that the building line would be 5' back from the property line and there would be a 2h' eave overhang on this 51. City Planner Swan commented that the Commission had before it two parcel maps - a tentative parcel map dated July 31 from the former owner, and the final parcel map with an endorsement by owner dated July 26 and signed by Mr. Devine. He asked when ownership had changed hands and was informed by Mr. Beatty that a deed had been recorded on August 8. The City Planner suggested the parcel map be revised to show the later date. Commissioner Taylor suggested that approval of the parcel map be postponed until work is completed on the existing structure. The City Engineer thought the map could be approved conditionally and brought back for signature when the work was completed. Chairman Cistulli also questioned the roof overhang. Commissioner Sine noted the presence of a wooden fence along the front of the two lots which was illegal in height and for which no building permit had ever been issued. He suggested a condition of approval be that the fence is removed. He also thought the concrete entry steps should be removed since they would be over the new lot line. However, Mr. Beatty stated they were exactly on the property line. Commissioner Sine expressed pleasure at the presence in the audience of people whom he had personally caused to be notified by mail because of their disapproval of a previous application for this property. Mr. Devine told the Commission he wished to keep the fence for the present, although he definitely wished to tear it down and'put up a different type in the future. Commissioner Sine stated the fence was an eyesore and not in keeping with a new structure to be erected; but Mr. Devine protested that financially it would not be feasible right away, he wished to keep the fence because he owned a dog, and he would be glad to bring the fence to code. Commissioner Mink moved the Commission accept the tentative parcel map for resubdivision of Lot 40 and portion of Lots 39 and 41, Block 58, Easton #7 subject to the conditions that a legal parcel map be submitted, building modifications on the property known as "40-A" be complete, and the fence in the front setback be brought to code. Commissioner Kindig seconded the motion, and it carried on the following roll call vote: AYES: COMMISSIONERS: JACOBS,KINDIG,MINK,SINE,CISTULLI NOES: COMMISSIONERS: NORBERG,TAYLOR 6. LANDSCAPE PLAN FOR VELVET TURTLE RESTAURANT AT 1095 ROLLINS ROAD BY SAGA ENTERPRISES, INC. Chairman Cistulli announced this item for hearing, and City Planner Swan distributed copies of the landscape plan. Chairman Cistulli indicated that three members of the Beautification Commission present, Aline Lorenz, Dale Perkins, and Clarence Rusch, had examined and tentatively approved this landscape plan prior to the meeting. The representative of Saga Enterprises introduced himself as Nick Rebagas of Othello Enterprises, a division of Saga. There was no audience comment in favor of this plan. In opposition, Mr. Robert Delzell, 1345 DeSoto, wished to express a concern about the Bay front, but was informed this restaurant was not in the Bay front area. The public hearing was declared closed. Commissioner Norberg stated he thought it looked like a good job. Commissioner Taylor had no comments, and Commissioner Jacobs stated it looked adequate for a restaurant. Commissioner Kindig had no comments. Commissioner Mink approved in general, but questioned the type and maximum height of the eucalyptus trees next to the tennis courts. The Saga representative informed him maximum height would be under 501. It was noted that the Park Superintendent had reviewed these landscape plans and recommended eucalyptus ficifolia (#185) instead of polyanthemos (#186). Commissioner Sine thought that this was an average job of landscaping considering the limited space available. He went on to say that irreparable damage had been done on this project in the letting of subcontracts to other than local people,'and he wished to express this so that Saga Enterprises could take remedial steps to solicit local subcontractors and building constructors in the future. He stated advertisement for bids had river appeared in the Daily Pacific Builder and thought that management should have specified to the general contractor that he grant the courtesy of bid to the local subcontractors. Chairman Cistulli remonstrated that Commissioner Sine was out of order in attempting to tell the applicant how to let contracts. The City Attorney concurred, reminding the Commission that the matter before them was the approval of a specific landscaping plan. This is what they should address themselves to and consideration of other matters was out of order. Mr. Rebagas then stated that actually he was in agreement with Commissioner Sine, and that in the future Saga Enterprises intended to ask local subcontractors for bids. He did note, however, that in this specialized type of business subcontractors do tend to follow a certain contractor. He commented this had never come up with any other planning commission, and they would agree to use local subcontractors if possible. Commissioner Mink moved that the landscape plan for the Velvet - 7 - Turtle Restaurant at 1095 Rollins Road be approved in accordance with the plans received. -Commissioner Taylor seconded the motion and it carried unanimously on roll call vote. RECONVENE After a recess at 9:45 the meeting reconvened at 9:55. 7. SIGN VARIANCE FOR ROOF SIGN EXCEEDING TWENTY (20) FEET IN HEIGHT FROM ROOF LEVEL AT 1021 BURLINGAME AVENUE, ZONED C-2, BY CUMMINGS AND CO. FOR LEE OLDSMOBILE. Chairman Cistulli announced this application for hearing. Secretary Jacobs read a letter dated July 18, 1972 from Cummings and Company in which they detailed the proposed sign changes. They propose to remove the three existing single face signs and lower the present steel tower 151. A new Olds sign will be installed on the face of the tower and extend 14' above the tower, with an American Motors sign mounted horizontally below the Olds sign. A variance is necessary for the additional height of 14' for the Olds sign. Mr. Mike Mullery, manager of Lee Oldsmobile, told the Commission that since his place of business was off the beaten path, he must have a means to attract people; and considered that the sign should be high enough to be seen from California Drive. City Planner Swan, noting that the steel tower would be lowered, commented that a well -designed sign will still attract attention even if not so high in the air. He stated that in matterssuch as this an architectural review committee would be of great value in coordinating sign design with the architecture of the existing building. Chairman Cistulli requested audience comments against the sign. Mr. Robert Delzell of 1345 DeSoto responded, stating he felt that such a sign in this residential neighborhood would be detrimental and indicated he too was in favor of an architectural review committee. Mr. Don C. Cole of 117 Occidental, was in favor of the sign, stating he had been in the automobile business for 20 years and an agency must attract potential customers from other cities as well as its own. This particular sign would be visible only in the business area and would serve to identify this agency which is off the beaten path. He reminded the Commission that such agencies contribute to the City coffers. The public hearing was declared closed. Commissioner Norberg stated he was not sure about the height, although the sign seemed to be fairly attractive. Commissioner Taylor felt the additional height would be visible from quite a distance and did not feel that the volume of business would be greatly in- fluenced by the addition of a large sign. Commissioner Jacobs had no comment. Y Commissioner Kindig stated he was willing to cooperate with automobile dealers but he was convinced no matter what the type, this sign would be seen only from Burlingame Avenue, not from California Drive. Commissioner Mink thought that this sign did not suit the character of the building. Commissioner Sine concurred that the City should help the auto industry, but he did not like the sign and would favor a modified sign more in conformance with the code. Commissioner Mink established that the height of the sign from the street would be 621. Chairman Cistulli agreed with some of the points expressed, but stated that in today's world the automobile industry is very competitive and must diversity. He thought that suggestions should be made for modification of the sign to go with the building type. There was discussion with the applicant as to whether or not he wished to continue this application and modify the sign or let it go to vote. The applicant stated he would like to redesign the sign but felt the present design was all that would be acceptable to American Motors. Commissioner Mink, commenting on the amount of money spent on beautifying Burlingame Avenue, thought that the Olds or American Motors Sign could be tastefully displayed on the building without going to 260 square feet of sign. Mr. Mullery indicated his willingness to cooperate in redesign. Commissioner Sine moved that this application be continued for one month to allow the applicant time to confer with City staff and his sign company. Commissioner Jacobs seconded the motion and it carried unanimously by voice vote. 8. INTERIM OPEN SPACE ELEMENT OF THE BURLINGAME GENERAL PLAN Secretary Jacobs read affidavit of publication in Advance Star of notice of public hearing on this resolution to endorse the open space element. The Secretary then read Resolution No. 9-72, "Resolution To Endorse And Recommend The Interim Open Space Element Of The Burlingame General Plan." City Planner Swan commented on this resolution. He stated that the law requires that the local open space plan be prepared by June 30, 1973. He went on to say that this interim open space plan is preliminary for establishment of a policy. Obligations under this plan are to preserve present open space land within the city's jurisdiction, and to acquire more where possible. He mentioned areas within the Burlingame sphere of influence located in unincorporated areas but not developed. One possibility for acquisition is property between Skyline Boulevard and Route 280. He urged adoption of this Interim Open Space Element. There were no audience comments either for or against this resolution. The public hearing was declared closed. Commissioner Kindig moved the Commission adopt Resolution 9-72, "Resolution To Endorse And Recommend The Interim Open Space Element Of The Burlingame General Plan," with attachments that accompany it. Commissioner Jacobs seconded the motion and it carried unanimously on roll call vote. - 9 - OLD BUSINESS: 9. FINDINGS AND RESOLUTION TO RECOMMEND DENIAL OF THE APPLICATION FOR RECLASSIFICATION OF LOTS 1 -.10 INCLUSIVE, BLOCK 6, AND LOTS 17 - 26, BLOCK 7, EASTON ADDITION #1, THE TEN HUNDRED BLOCK OF CAPUCHINO AVENUE FROM A SECOND RESIDENTIAL (R-2) DISTRICT TO A THIRD RESIDENTIAL (IOW DENSITY MULTI -FAMILY DWELLINGS) , R3-A DISTRICT. There was some further discussion of this resolution, with City Planner Swan reminding the Commission that this action is open-ended so that subsequent action would be taken toward other reclassification. There were no audience comments and the public hearing was declared closed. Secretary Jacobs read resolution and findings by title only. Commissioner Taylor moved adoption of the resolution, Commissioner Kindig seconded the motion and it carried unanimously on roll call vote. 10. FINDINGS AND RESOLUTION TO RECOMMEND APPROVAL OF THE APPLICATION FOR RECLASSIFICATION OF 30 ACRES MOL BEING PARCEL A AND LOTS 3 - 7, BLOCK 3, ANZA AIRPORT PARK UNIT NO. 5, LOTS 1 - 19, BLOCK 6, ANZA AIRPORT PARK UNIT NO. 6, ON THE NORTH SIDE OF AIRPORT BOULEVARD AND THE CONTIGUOUS ACREAGE BOUNDED ON THE NORTH BY THE NORTH SIDE OF THE PROPOSED ANZA PACIFIC BOULEVARD, FROM A LIGHT INDUSTRIAL (M-1) DISTRICT TO A WATERFRONT COMMERCIAL (C-4) DISTRICT BY ANZA PACIFIC CORPORATION. Secretary Jacobs read resolution and findings. There was no comment from the audience and the public hearing was declared closed. Commissioner Taylor moved the adoption of this resolution, Commissioner Mink seconded the motion and it carried unanimously on roll call vote. 11. REPORTS FROM STAFF City Planner_ Swan reported to the Commission that the City Council on August 7, 1972 had adopted the five code amendments recommended and that they would become effective September 6, 1972. He stated there is a public meeting on September 6, 1972 at 7:30 for a DeLeuw Cather report on downtown parking. All boards and commissions, property owners and business managers within the parking assessment district have been notified. Other comments from the City Planner: A population census is scheduled for October 1. Held at this time in order to include Northpark Apartments and gain additional state gas tax money. Nothing further has transpired on the ARCO station at Broadway and Rollins Road. The City Council has scheduled a hearing on the Anza Pacific drive- in theatre for September 18. The suit against the owner of 136 Occidental has been dismissed without prejudice. The illegal living unit over the garage has been eliminated. Suit has been commenced against the owner of 1517 Newlands, a property where there are two illegal units. There are three parcels in one ownership under active review. The two, at 27 and 28 Clarendon, have illegal living units; one is a three -unit building - three kitchens.: - in an R-1 district. The City will try to abate these illegal units. If they are allowed to continue, the owners of surrounding property cannot be expected to improve their dwellings. Planning Aide Chris Hendrickson will be leaving for school next week. The City Planner commented on the excellence of this young man's efforts and suggested a letter of commendation to him from the Commission. It was agreed that such a letter would be prepared and signed by all members of the Commission. The City Planner commented that the study meeting agenda will not be crowded and the R-3A zoning district could be discussed more fully then. ADJOURNMENT The meeting regularly adjourned at 11:00 p.m. Respectfully submitted, Malcolm M. Jacobs Secretary