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HomeMy WebLinkAboutMin - PC - 1972.06.12THE CITY OF BU RLINGAME PLANNING COMMISSION COMMISSIONERS PRESENT Cistulli Jacobs Kindig Mink Norberg Sine Taylor CALL TO ORDER COMMISSIONERS ABSENT None June 12, 1972 OTHERS PRESENT City Planner Swan City Engineer Marr City Attorney Karmel An adjourned meeting of the Burlingame Planning Commission, from the regular meeting of May 22, 1972, was called to order on the above date at 8:00 p.m., Chairman Cistulli presiding. ROLL CALL All members of the commission were present. HEARINGS: 1. PROPOSED AMENDMENTS TO TITLE 25 (ZONING) City Planner Swan announced to the Commission that the City Attorney had prepared a resolution and findings for each of the five aspects of these proposed amendments. 25.08.350. To require off-street vehicle parking for home occupational uses. The City Planner testified to the proposed findings on this amendment that any home occupational use engaged in by an occupant of a dwelling unit should create no additional traffic nor require additional parking space; and that the character and appearance of a residential district should not be affected by the type of vehicles engaged in the conduct of a home occupation. There was no audience comment either for or against this resolution and the public hearing was declared closed. Commissioners Taylor, Norberg, Sine and Kindig had no comment, nor did Chairman Cistulli. Commissioners Mink and Jacobs indicated approval. Commissioner Taylor moved that Resolution No. 2-72 recommending the adoption of an ordinance amending 25.08.350 (5) of the Municipal Code regulating traffic and the parking of vehicles incident to home occupation be approved by the Planning Commission for recommendation to the City Council. Commissioner Kindig seconded the motion, and it passed unanimously on roll call vote. ACKNOWLEDGMENT At this point Chairman Cistulli acknowledged the presence of Councilman Cusick in the audience. - 2 - 25.28.030. s 1 City Planner Swan testified to the proposed findings on this resolution which included that many of these structures are illegal, often unsafe, being constructed without building permit and city inspection; and contribute to parking congestion. City Attorney Karmel commented on procedure for resolutions, i.e., determination for approval of resolution is the result of evidence as reported by the findings. The City Planner commented that these findings came from conditions existing in the City of Burlingame, and that he had personally found that code enforcement with regard to these units required considerable time; that he and other staff members thought this type of regulation would tend to forestall additional rental units and would establish those that already exist as non -conforming. There were no comments from the audience either for or against this resolution. The public hearing was declared closed. Commissioner Taylor stated he thought the evidence as presented by the City Planner was adequate for approval. Commissioner Norberg had no comment. Commissioner Mink concurred that these findings represented a series of problems which the Planning Commission had faced, and he strongly urged the recommendation of this resolution. Commissioners Sine and Jacobs were in favor, as well as Chairman Cistulli. Secretary Jacobs read the resolution by -title. Commissioner Taylor moved the adoption of Resolution 3-72 recommending the adoption of an ordinance amending 25.08.030 (3) of the municipal code providing for conditional uses requiring a special permit in R-1 (First Residential) districts. Commissioner Kindi.g seconded the motion, and it passed unanimously on roll call vote. City Planner Swan testified to the proposed findings on this item, and gave as an illustration an application which the Commission had denied in January of 1972. This was for an architect's office in a residence in an R-4 district denied because o:D difficulty in bringing the building up to fire and building codes. There were no comments from the audience in favor of or against this resolution. Public hearing was closed. Commissioner Taylor stated that the Planning Director had testified in a manner which convinced him that the Commission should make a recommendation.to the City Council that the ordinance should be adopted. Commissioner Norberg had no comment. Commissioner Mink concurred with the resolution, citing parking problems and the dangers of drug theft from medical offices. Commissioner Sine concurred, pointing out this would correct some of the weak points of this code section. Commissioner Kindig questioned the example in an R-4 - 3 - district. It was noted that anything permitted in an R-3 district was permitted in R-4. Commissioner Jacobs and Chairman Cistulli were in favor of the resolution. Secretary Jacobs read the resolution by title. Commissioner Mink moved the adoption of Resolution No. 4-72 recommending the adoption of an ordinance deleting 25.32.030(3) of the Municipal Code permitting offices of physicians and of others as conditional uses requiring special permits in R-3 (Third Residential) Districts. Commissioner Taylor seconded the motion and it passed unanimously on roll call vote. 25.34.0 The City Planner testified to the proposed findings on this resolution. He commented that nowhere in Code Regulations does it say that apart- ment hotels are permitted, either as a permitted or a conditional use. He cited the difficulty which the City of San Mateo encountered with an apartment -hotel application, also not covered in their code, and which finally required the passage of a special ordinance. He noted this addition would eliminate the present ambiguity concerning the location of apartment hotels. One parking space is required for each dwelling unit in an apartment hotel with no exception within a parking district. There were no audience comments for or against this resolution. The public hearing was declared closed. Commissioner Norberg was in favor of the resolution. Commissioner Taylor stated the City Planner had given adequate evidence for the passage of this resolution. Commissioner Sine had no comment. Commissioners Mink, Jacobs, and Kindig concurred with Commissioner Taylor. There was Commission discussion of the terminology "apartment hotel" as opposed to "hotel apartment." City Attorney Karmel stated that according to the,code this refers to a "hotel apartment." The City Planner stated that the main impact of the ordinance would be the establishment of parking requirements for apartment hotels. Secretary Jacobs read the resolution by title only. Commissioner Mink moved the adoption of Resolution 5-72 recommending the adoption of an ordinance adding sub -paragraph 6 to 25.34.030 of the Municipal Code making apartment hotels a conditional use requiring a special permit in R-4 (Fourth Residential) Districts. Commissioner Sine seconded the motion and it passed unanimously on roll call vote. 25.74.020. To provide additional requirements for the issuance of ce stations. City Planner Swan testified to the proposed findings for this resolution. These findings noted in part that present regulations for gasoline service station special permits relate only to station location; that there is a need for property owners to give written authorization for gasoline service stations, recommending that economic feasibility reports should be requested to support application for new stations, since there appears to be an adequate number of service stations in the city; that there is need for more comprehensive review of the design as well as relationships with surrounding land uses. City - 4 - Planner Swan commented that these special permits could be granted if the proposed developments are approved and, upon showing that the development and maintenance of the structures, as well as landscaping lighting, etc. serve the interest of the business community and general welfare of the public. There was no audience comment for or against. The public meeting was declared closed.. Commissioner Taylor questioned if the economic feasibility report would be mandatory. The City Planner replied that the best wording would be "should be requested" but it would not necessarily be mandatory, and that this would be a policy declaration on the part of the Planning Commission. City Attorney Karmel commented with regard to this finding, #4, that it was merely a statement of view, suggesting that with the present number of gasoline service stations, can any additional ones justify themselves economically. Commissioner Taylor commented that it would be necessary for every application for a gasoline service station to show that it served the general interest. Commissioner Norberg had no comment. Commissioner Mink stated he liked the resolution. He questioned the recommendation that no A -frame or portable signs should be allowed. The City Planner ex- plained that this type of sign can be readily moved and placed on the public right-of-way. Commissioner Mink then stated he agreed with the findings of fact as stated. There followed Commission discussion of signs. Commissioner Sine commented that he had made a personal survey of Burlingame and had counted 29 gasoline service stations. He questioned if this resolution would affect the existing service stations, and was informed by the City Planner that it was•for the purpose of regulating new stations, but that the Commission could circulate the findings as a statement of policy to the existing service stations. Commissioner Sine questioned if a gasoline service station with a new lessee would be permitted to set up a garage in conjunction with the station, and it was noted that this would not be permitted by code. The City attorney commented that this ordinance wD uld not alter the definition of gasoline service stations. Secretary Jacobs read the resolution by title. Commissioner Mink moved the adoption of Resolution 6-72 recommending the adoption of an ordinance amending 25.74.020 of the Municipal Code regulating the granting of permits for gasoline service stations. Commissioner Kindig seconded the motion and it passed unanimously on roll call vote. City Planner Swan expressed appreciation to the Planning Commission for approval of these resolutions. Adoption of the recommended code amendments would aid code enforcement and the processing of future zoning applications. ADJOURNMENT The meeting regularly adjourned at 9:00 p.m., to be followed,by the monthly study meeting. - 5 - RECONVENE: After a recess at 900, the meeting reconvened at 9:05 to the regular monthly study meeting. APPLICATIONS 1. PERMIT FOR TEMPORARY FINANCIAL OFFICE FOR NORTHERN CALIFORNIA SAVINGS ON LOT K OF LOTS I,J, AND K, BLOCK 10, BURLINGAME LAND COMPANY NO. 2, ZONED C-1. (PRIOR PERMIT FOR TEMPORARY OFFICE ON LOT K WAS APPROVED BY PLANNING COMMISSION ON MARCH 27, 1972. NEW PERMANENT FACILITY WILL BE AT 1430 CHAPIN AVENUE.) City Planner Swan asked the Commission to note the change in name of this organization from "Palo Alto -Salinas Savings and Loan Association" to "Northern California Savings and Loan Association." He then intro- duced Mr. Thomas E. Morrisey of Northern California Savings who made a presentation. Mr. Morrissey reminded the Commission that they had approved the permit for temporary building earlier this year under the name of Palo Alto Salinas Savings and Loan, that the temporary building was going to be in the same location on the same lot as approved. He told the Commission that the Association had intended to purchase Lots K,L, and M, Block 10; but were unable to negotiate this, and their facility will instead be on Lots I,J, and K which they purchased. The present buildings at 1426 and 1428 Chapin will be removed July 16; and 1432 Chapin, the Reed building, will remain until December. He showed the Commission the location of the permanent structure, and noted that the temporary structure will be needed only until the end of the year, and will open about July 1. They hope to use existing laterals and water service in tying the temporary building in with sewer, water, and P.G.E. service, although they will do whatever additional work is necessary. City Engineer Marr questioned the parking credits for this property which is within the parking district, stating it was his understanding that the Reed property took the entire credit. Mr. Morrisey stated that they will furnish 19 parking spaces; and he felt that since the existing buildings will be demolished on July 16, after the temporary structure is opened on July 1, this is more or less a technicality. It was the consensus of commission opinion that the permit for the temporary structure, already approved, show a name change from "Palo Alto Salinas Savings & Loan Association" to "Northern California Savings and Loan Association." 2. RESUBDIVISION OF LOTS I,J,K, BLOCK 10, AS SHOWN ON MAP NO. 2 OF THE BURLINGAME LAND COMPANY, INTO PARCEL 19 FOR NORTHERN CALIFORNIA SAVINGS. City Planner Swan told the Commission that this was a simple resub- division for the purpose of combining three lots into one parcel for the permanent location of this establishment. Copies of the parcel map were distributed to the Commission members. There was some discussion. Chairman Cistulli informed the applicant that this resub- .m division would be considered at the regular meeting of June 26. 3. VARIANCE TO COVER MORE THAN FORTY PERCENT OF A LOT IN THE R-1 DISTRICT, WITH LESS THAN REQUIRED SIDE YARD AT 1364 COLUMBUS AVENUE, BEING LOT 41, BLOCK 59, EASTON ADDITION NO. 7, BY RAY HOLLASCH. City Planner Swan distributed plans of Mr. Hollasch's addition to the Commission, and pointed out that Mr. Hollasch had previously been before the Commission with a plan which had covered a greater precentage of the lot. The present plan covers 43k% of the lot. Mr. Hollasch addressed the Commission, staling he wished to add two bedrooms, family room, and bathroom to his present dwelling, in order to take care of the needs of his growing family. There was a question regarding the side setback on this plan, and the City Planner stated that it was 5610" as opposed to 1010" on the previous plan. Mr. Hollasch commented that he would have no problem if he could use the easement to the east of his property. The City Engineer stated that this was an alleyway to be used for utilities only, and that there was no clear ownership of it. Chairman Cistulli scheduled this application for the public hearing of June 26. 4. VARIANCE TO ALLOW REBUILDING ENTIRE FACILITY FOR STANDARD OIL COMPANY SERVICE STATION AT 1501 EL CAMINO REAL, BEING PORTIONS OF LOTS 1,2, AND 3, BLOCK 51, MAP OF EASTON ADDITION TO BURLINGAME NO. 5, ZONED R-3. City Planner -Swan introduced R. H. Rieber, property representative, and Mr. Williams, engineer, of Standard Oil. Mr. Rieber addressed the Commission, stating that the plans for this station have been redrawn. He distributed the new plans, and new renderings of the proposed station. Mr. Williams explained the details of the redesign. The restrooms will be downstairs with an exterior entrance; upstairs there will be only a private office and storage space. There will be no public access to the upstairs. The building has been lowered 4', making it a story and one-half: 19' to the ridge line. Mr. Rieber stated that the freestanding telephone booths would be eliminated; there would be a new enclosed booth; and the vending machines taken out with exception of a coke and a cigarette machine. There will be a 6" planter at the back and side of the station which they propose to use for Boston ivy as a wall covering. The trash containers will be inside the building. There will be three 9' parking stalls for employees. Mr. Rieber then expressed gratification that it had been necessary to redesign, since he felt they had come up with a much better plan. Chairman Cistulli informed the applicants that they would be heard at the public meeting of June 26, 1972. - 7 - 5. SPECIAL PERMIT FOR ESTABLISHMENT OF RETAIL STORE IN AN M-1 DISTRICT AT 1180 CAROLAN AVENUE (APN 026-233-01) BY DONALD D. TATEOSIAN The City Planner explained this application to the Commission. He stated that Mr. Tateosian owns frontage on the east side of Carolan between Broadway and Cadillac Way, and wishes to lease this property to an antique shop. There are two parking spaces in the rear and. two can be provided on the side of the alley adjacent to the antique store. This is an M-1 district and hence a special permit is required for retail sales. He indicated that a long range solution to retail sales in this area would be reclassification to C-2. There was discussion, and the comment was made that this would be feasible because% a proximity of the Northpark Apartments and their use of retail stores. The City Planner went on to say that this reclassi- fication should cover only the lots facing Carolan, and that there was a likelihood that these lots would'be included in the parking district for Broadway. Chairman Cistulli announced that this application would be heard at the public hearing of June 26. 6. SPECIAL PERMIT FOR AN ADMINISTRATIVE OFFICE AND DISTRIBUTION CENTER FOR RENTAL AUTOMOBILES FOR NATIONAL CAR RENTAL SYSTEM, INC. ON LOT 1, EDWARDS INDUSTRIAL PARK, ZONED M-1, BY ROBERT F. EDWARDS, City Planner Swan introduced Roy Anderson, Bill Smidt, and a Mr. Lupton of National Car Rental System. He passed out plans and told the Commission that this property is adjacent to Bayshore Freeway. Leasing of automobiles is accomplished at the airport, but this company wishes to be.able to lease from this location if necessary. Mr. Smidt addressed the Cc operation similar to Avis. would involve some retail location and pick out care turned back to dealers. T on a referral basis, and t of the fleet in this area 400 - 500 cars might be on sales probably would be on signs on the cars for sale would not have the cars ex mission, stating they propose an However, the normal cycling of their fleet sales, in that dealers could come to this they wanted. Also, cars on lease could be here could be some individual sales, strictly here would be no advertising. Distribution could involve some 1,000 cars and as many as this particular lot at one time: Individual ly about 100 a year. There would be no , and fencing is so designed that they posed from the exterior. Mr. Smidt was questioned about a car wash, and replied that cars are now washed on the airport property although a car wash for this lot might be indicated in the future. The purpose of this lot would primarily be for redistribution of the fleet in the Bay area. All cars would be delivered here and then distributed to other areas. There would be facilities for minor repairs in the building, and three body men would be employed. Major repairs would be contracted. Commissioner Sine raised the question of a sign permit for the sign indicated on Bayshore. There was discussion, and it was agreed that National Car Rental should submit a sign application also. Both applications were scheduled for hearing at the June 26 public hearing. :Mp-m 7. SPECIAL PERMIT FOR ADDING TWO SCREENS AND ALTERATIONS TO BURLINGAME AND PENINSULA DRIVE-IN THEATERS AT 350 BEACH ROAD, 15.928 AC MOL OF ANZA AIRPORT PARK #1 (APN 026-350-070) ZONED M-1, Bel ANZA PACIFIC CORPORATION FOR TENANT SYUFY ENTERPRISES. Plans were distributed for this application, and David Keyston of Anza Pacific, addressed the Commission on behalf of his tenant, Syufy Enterprises. He told them that this represented theater alterations and the addition of two smaller screens to the two that are presently up. The actual square footage of these proposed 62 feet high screens would be 1/2 that of the present screens, which are 90 feet high. Mr. Keyston indicated that additional screens are necessary to improve business: that with the quality and type of films now shown, diversi- fication is necessary to insure sufficient patrons. He commented on the number of other theaters doing this, both outdoor and indoor. The balance of the tenant's lease is 15 years. Mr. Keyston mentioned the original permit was issued to Anza Pacific and they are asking merely for an alteration to plans originally approved. There was a discussion as to whether or not the State code prohibits theatre screens from being visible from the highway, and a suggestion that the City Engineer check on this. Mr. Keyston commented that there would be no objection to additional landscaping. This application was scheduled for the regular public hearing of June 26. 8. VARIANCE TO ALLOW AN AUTOMOBILE PROCUREMENT CENTER, NEW CAR LEASING, AND AUTOMOBILE SALES LOT IN A C-1 DISTRICT AT THE N.E.CORNER OF HOWARD AND LORTON AVENUES, BEING PORTION OF BLOCK 11, TOWN OF BURLINGAME MAP NO. 1 (APN 029-211-150) BY W. JOHN LINDERMAN JR. City Planner Swan read a letter from Mr. Linderman withdrawing his application, and commented there was a probability that the lot had been sold. 9. VARIANCE TO ALLOW RECONSTRUCTION OF THE GUTTED BUILDING AT 129 STANLEY ROAD, BEING LOT 8, BLOCK 35, LYON AND HOAG SUB., TOWN OF BURLINGAME, ZONED C-1, FOR OWNERS, HAROLD AND ESTHER A. BUZAN, BY THE CITY PLANNING COMMISSION. City Planner Swan explained that this was a Commission stimulated application in order to be of service to the owner of this property, which was recently gutted by fire and more than 50% destroyed. The owner's insurance is equal only to the amount of his equity in the property, and processing of a variance would aid him in rebuilding. The variance is necessary since there is another building on the property used as a dwelling unit. This building was not damaged by fire. He questioned if the Commission would like to consider a variance or would recommend that the owner tear down the non -conforming building. Commissioner Sine went into further details of the property, noting that both units were rental units, and the owner had been paying taxes on both for years. Commissioners Kindig and Mink questioned the granting of a variance for a non -conforming building, and the Municipal Code was quoted which states, "No non -conforming building may be rebuilt." It was the consensus of Commission opinion that the owner himself should make application. 10. VARIANCE TO ALLOW UPGRADING THE EXISTING APARTMENT BUILDING AT 1452 BELLEVUE AVENUE, BEING SW 50 FEET OF LOT 1, BLOCK 6, BURLINGAME LAND CO.,.MAP NO. 2 (APN 029-111-140) ZONED R-4, BY JAMES GONG. The City Planner told the Commission the applicant brought in an incomplete application Friday morning and was advised of the study meeting time and place. He introduced Mr. Gong and Mr. C. K. Curtis, general contractor. Mr. Curtis distributed plans to the Commission, and explained that the existing structure has 12 units, 3 of which are on the ground floor, and 5 parking stalls. Mr. Gong proposes to remove two of these units, and relocate one, thereby adding two parking stalls. The building will be structurally reinforced and renovated. The City Planner commented that the previous owner had been warned to vacate these ground floor apartments because of their 7' ceilings, and. that this old building would not be able to withstand an earth- quake. Commissioner Sine added that there was never any building permit for the building. Mr. Curtis assured the Commission that the building would be renovated to conform to the Municipal Building Code. This application was set for the regular public hearing of June 26. OLD BUSINESS Suggested Code Amendments to Title 25 - Zoning City Planner Swan recommended no further consideration of these amend- ments to Section 25.36 C-1 District Regulations at the present time. This recommendation was accepted by the Commission. NEW BUSINESS: City Planner Swan informed the Commission that Mr. David Keyston wished to address them regarding the Anza Pacific property. Mr. Keyston stated the Commission knew that Anza Pacific had long had problems regarding the title to their property. However, negotiations with the State Lands Commission appeared to be coming to a conclusion and it appeared that Anza Pacific's title would be cleared. He went on to say that 2h years ago the State had filed suit against San Mateo County with regard to the land around Coyote Point. This involved determination of low tide line and the use of adjacent land for public purposes. He went into the details of State negotiations with BCDC and BCDC's approval of a lagoon configuration. IrAine with BCDC's approval, Anza Pacific had come up with a tentative agreement with the State whereby they would grant 46 acres of their land to the State, and the State would lease it back to them for 66 years providing this land along the edge of the water would be limited to public occupancies such as hotels, restaurants, etc. He showed pictures of proposed buildings which Anza Pacific hoped to develop on this land. As another aspect of this development Anza Pacific would need to have this land reclassified Anza Pacific would come with a master plan and COMMUNICATIONS: Lee Oldsmobile Sian - 10 - from M-1 to C-4. He stated that hopefully before the Planning Commission next month legal descriptions for this reclassification. City Planner Swan read a letter dated June 2, 1972 from Michael A. Mullery, President of Lee Oldsmobile, stating that the Gabrielson Oldsmobile lease of an office at 1105 Burlingame Avenue has been trans- ferred to Lee Oldsmobile, and that the lease included the right to paint Lee Oldsmobile's identification on the south wall of the building. Attached was a copy of the letter transferring the lease to Lee Oldsmobile. City Planner Swan advised the Commission that the architect for Mrs. Melba Riley wishes to landscape the 20' public access easement across Mrs. Riley's property. This landscaping would consist of 4' planters on the easement next to Mr. O'Hara's property. The architect also wishes to install fire hydrants in the planters. The City Planner commented that this would be good screening from Mr. O'Hara's poorly maintained property. Since this easement is city property, the Commission can only recommend a change to the City Coundil. City Engineer Marr voiced concern about the fire hydrants and stated he did not want them situated in the easement; that this easement was to be for ingress and egress only. Mrs. Riley stated she merely wanted to move the planters to the edge of the O'Hara property and she would still maintain the 20' easement. On a question from the City Attorney she agreed that 4' could be taken off one side of the easement and put back on the other side. City Engineer Marr objected that she did not bring up-to-date plans for this proposal. City Planner Swan stated. that Mrs. Riley also wants to plant trees on city owned property that is along the 25' easement adjacent to Mills Creek. This includes a change of cross section that needs the approval of BCDC. There was some discussion. However, since Mrs. Riley did not bring plans showing these proposed changes, it was agreed that this matter would be considered after she had her architect draw up revisions to the landscaping plans and presented them to the Commission. Miscellaneous and Staff Comments Commissioner Sine introduced the subject of swimming pools, and stated he thought the code should be altered so that there would be better control of them. He cited several instances where pools had been built on low land and had overflown during rains or where waste material from the pool excavation had slid or rolled into a. creek channel. 11 - He felt that any swimming pool being built near a creek or on low land should come before the Planning Commission. Chairman Cistulli read a letter from the League of California Cities advising of a conference to be held October 15 through 18 and requested the City Planner to report at the next meeting if the budget would permit Commission members to attend. City Planner Swan advised the Commission that the Council had approved his request for a planning aide for summer work, and he would have Chris Hendrickson, who has his B.S. from Stanford, as his aide this summer. The City Planner reported on two new San Jose ordinances, which involve tax on property transfers, revenue from which is to go into special funds for public facilities. The City Planner advised the Commission he would be unable to attend the regular public hearing of June 26, since he would be out of town on personal business that date. The meeting adjourned at 11:15 p.m. Respectfully submitted, Malcolm M. Jacobs Secretary