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HomeMy WebLinkAboutMin - PC - 1972.04.24THE CITY OF BU RLINGAME PLANNING COMMISSION April 24, 1972 COMMISSIONERS PRESENT COMMISSIONERS ABSENT OTHERS PRESENT Cistulli Jacobs Kindig Mink Norberg Sine Taylor CALL TO ORDER None 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 Sine presiding. ROLL CALL The above -named members were present. -MINUTES The minutes of the regular meeting of March 27, 1972 and the study meeting of April 10, 1972 were approved and adopted. ACKNOWLEDGMENT .Before opening the public hearing Chairman Sine voiced his appreciation of the fine cooperation given him by Commission members and the staff during his past term as Chairman of the Commission. HEARINGS 1. PARCEL MAP OF ATLANTIC RICHFIELD SERVICE STATION AT BROADWAY AND ROLLINS ROAD (CONTINUED FROM MARCH 27, 1972) Chairman Sine announced this item for public hearing. Mr.-T. T. Clausen was present as representative of ARCO. City Planner Swan reviewed past action on this map, stating there had been several conditions for its approval: D & M. Garage must have an easement, ARCO must pay their pro -rated share of street improvements, ARCO must work with the Park superintendent on landscaping of the property. He commented that the parcel map was not yet signed by the owner, but complies with all City requirements. He noted that final approval rests with the City Council; there must be an agreement executed between ARCO and the Council and that this has been drafted. The City Engineer indicated approval of the map, but noted he did not yet have the signed original or tracing. He asked when the signature was expected. Mr. Clausen addressed the Commission. He stated that the delay in submission of this map was caused by some misunderstandings by ARCO engineers in their survey. These have now been cleared up, and the map has been approved by the ARCO company. On a question from : 4= Commissioner Cistulli regarding the 10' easement to D & M Garage, Mr. Clausen replied that easement was now recorded in the County records as a deed, and ARCO would give the Commission a copy. He noted that this easement follows the land, not the owner. City Engineer Harr suggested that the width of this easement be put on the tracing. There was no Commission comment on this parcel map. Commissioner Cistulli moved that the map be accepted, Commissioner Mink seconded, and the motion passed unanimously on roll call vote. ACKNOWLEDGMENT Chairman Sine expressed his pleasure in the presence in the audience of new Councilman Dorothy Cusick. 2. TENTATIVE PARCEL MAP FOR 241.94' x 211.50' PARCEL ON NORTH CAROLAN AVENUE, 1.16 ACRES MOL, BEING PARCEL 75 AND PORTION OF PARCELS 29 AND 30, ASSESSORS MAP B16, (APN 026-101-030) PORTION OF EASTON INDUSTRIAL TRACT, ZONED M-1. RI CHARD LAVENSTEIN. After introduction of this application by Chairman Sine, Secretary Kindig read Mr. Lavenstein's letters of application which, briefly, proposed this property be divided into two lots: Parcel A, to be sold immediately and construction begun, and Parcel B to be retained by the owners for construction of an office -warehouse. The City Planner distributed copies of the parcel map to the Commission. He stated that Parcel A abuts North Carolan which dead -ends 60' from the lot corner. This dead end street is the only access for emergency vehicles to this parcel. There is uncertainty about where the street extension will go from its present dead-end and who will pay for it. A future street between Parcel A and the centerline of North Carolan Avenue extended would be the responsibility of the owner of Parcel A. Future subdivision of the Marsten property will include a street from North Carolan to Rollins Road. The problem now is adequate turnaround for fire equipment because North Carolan Avenue dead -ends 1,500 feet from Marsten Road. A cul-de-sac could provide this. There were three ways to provide a safe turnaround: 1) A cul-de-sac with area reserved by an official plan line or a road easement, (2) construction of•the half street along the 137 foot frontage, and (3) A performance bond in amount sufficient to construct the half public street. He stated that the parcel map is in compliance with city requirements, and buildings may be constructed. He commented that a subdivision map for the Marsten property, with a road cut through from North Carolan to Rollins Road had been approved by the City Council in 1957, but had never been implemented. The City Planner showed slides of Parcel A, Rollins Road, and the dead-end of North Carolan. In response to a commission question the City Engineer commented that there was an 8" main which was dead -ended at the end of the street. He stated the parcel map was correct mathematically but he was concerned about building construction where there was no full street and recommended that street improvements be obtained in the not too distant future. Mr. Lavenstein addressed the Commission, making the point that K subdivision of his property is under consideration, not that of the Marsten property. He went into details of the acquisition of the land and future plans for it. Parcel A has 60' frontage on the street which is comparable to other industrial frontages in the city. He stated construction would be set back 88' and the frontages would be attractively landscaped. He went on to say that since the study meeting he had contacted Mr. Marsten regarding possible subdivision of his property, but that Mr. Marsten is still undecided, since this undeveloped property is a tax shelter. Where was no one in the audience either in favor or against the parcel map. Public hearing was declared closed. There was commission discussion regarding the Marsten property, and the point was made that even if land for a street were dedicated to the city, the owner would still pay for the improvements. Comment was made that Mr. Lavenstein should make a commitment on the perfor- mance bond. City Planner Swan recommended a bond or an agreement be made a condition of the Lavenstein subdivision. The City Attorney stated it is not possible to attach a condition that this applicant improve another property -owners land. Although the City has a legitimate right in developing the whole area, this may be circumscribed by the legal rights of the applicant. Therefore, even though the City may want a cul-de-sac or a street lengthening, the applicant may not be forced to do it. With regard to the Marsten property he stated that the City could put through the street by condemning the land, but no governing agency may take the land of a private person for any legitimate purpose without paying for it. All street improvements are at the expense of the property owner. The suggestion was made that it would be helpful to lay down plan lines for the street now so that when the property is sold or sub- divided they could be finalized. Commissioner Norberg had no comment on the parcel map. Commissioner Jacobs thought that the installation of a fire hydrant should be a condition of approval. City Engineer Marr stated that thig installation would cost about $700.00, and the pressure in the dead-end main would be adequate until such time as a loop could be constructed. Commissioner Taylor stated he did not wish to interfere with the rights of a property owner and had no particular objection to the 60' frontage, but hoped this would not result in a planning disaster such as at the other end of Carolan. Commissioner Mink questioned the minimum lot size in the industrial area and was informed there was none. He compared this development with the Riley property. However, the Riley property lies at the end of an easement rather than a public street. Commissioner Kindig had no further comments, stating it does seem to meet the requirements, but stated he was dissatisfied with the situation. Commissioner Cistulli and Chairman Sine had no further comments. Commissioner Mink moved that the parcel map be approved for 241.94' x 211.501 parcel on North Carolan Avenue, 1.16 acres MOL, being Parcel 75 and (�_k-;, t L 2 4-- % MI-2 portion of Parcels 29 and 30, Assessors Map B16, Easton Industrial Tract, with the stipulation that a fire hydrant be installed at a location designated by the City Public Works Department as a condition to obtain a building permit on either parcel. Commissioner Cistulli seconded the motion and it passed unanimously on roll call vote. The applicant was informed this action would become final on May 2, 1972 if not appealed to the City Council. 3. SPECIAL PERMIT FOR SLEEPING ROOMS IN AN EXISTING ACCESSORY BUILDING AT 141 VICTORIA ROAD: BEING LOT 6, BLOCK 44, LYON AND HOAG SUBDIVISION, ZONED R-1. ANGELO DELLACASA. Chairman Sine announced this application for hearing, and Secretary Kindig read Mr. Dellacasa's letter of application which requested permission to establish sleeping rooms and bath in a shed adjoining his single car garage. City Planner Swan reviewed the application and showed slides of the Dellacasa accessory building. He distributed plot plans of the proposed modification, and stated that this accessory building is only 14" from the rear lot line and 2'8" from the side lot line. According to a 1954 tax assessor's card, the house was built in 1912; the garage and storage building in 1933. Area of this shed is 576 square feet. Under the code sleeping rooms are permitted in an accessory building "provided that such rooms shall not contain a kitchen and shall not become a separate rental property." He recommended that if approved, the sleeping rooms be limited to the applicant's use only; that there be a one -hour fire wall, next to the garage, at the rear and at the side, that the single garage be maintained open, and that new construction meet approval of the building inspector. He stated there had been an inspection by the building inspector. Mr. Dellacassa addressed the Commission, and stated his reason for this modification was to improve his property. There were no comments from the audience in favor of this application. Secretary Kindig read a letter from W. S. Hughes, 105 Howard Avenue, protesting this application. He stated there were already several "family sleeping rooms" existing in the neighborhood as rentals. Mrs. Evelyn Hughes, 105 Howard, told the Commission she felt this building would be changed with the purpose of a rental unit and voiced concern about the fire hazard, especially if electrical appliances were used for cooking. She commented the present building is an eyesore and should be improved otherwise. Richard McKinnon of 101 Howard, questioned the adequacy of the wiring in this shed and sanitary sewer facilities. He stated it had all indications of being intended for a one -room apartment. Mr. Nicholas Dubenko of 139 Victoria Road, spoke against the application, stating that with a 3-bedroom house and two occupants Mr. Dellacassa had no need for additional sleeping rooms and it sounded like a rental apartment to him. He added that if the permit were approved, he also would like to build a "mother-in-law" apartment on his property. The public hearing was declared closed. Commissioner Norberg thought the building should be brought up to present - 5 - codes. Commissioner Jacobs felt that bringing it up to code would actually be economically infeasible. However, he would not object to sleeping rooms if it did comply with the code. Commissioner Taylor felt he did not wish to put temptation in Mr. Dellacassa's way. He stated there might be a tendency for Mr. Dellacassa to occupy the front premises and rent the back, or vice versa. He could not support the application. Commissioner Mink commented that a residence with three bedrooms or more must have a two -car garage, which is not possible under the present arrangement. He had the same reservations as others about rentals, stating the bedrooms could be rented with or without meals, and if the property were sold it would become a 4-bedroom residence with a single -car garage. Commissioner Kindig stated he felt bringing the building up to code would be a very expensive operation to have no more use out of it than sleeping rooms. He too felt that sooner or later it would become a rental unit. Commissioner Cistulli commented there was already a 3-bedroom house for two people, and he did not see the need for more bedrooms. He would have been willing to support the application had it been merely for a family room. Chairman Sine concurred, and stated there would be a temptation to rent, and that the neighborhood and future occupants should be protected. He questioned the construction and felt it would be better for Mr. Dellacassa to tear the shed down and start with a new plan for a family room. Commissioner Taylor moved that the special permit for sleeping rooms in an existing accessory building at 141 Victoria Road be denied. Commissioner Kindig seconded the motion and it passed unanimously on roll call vote. Mr. Dellacassa was informed he had the right of appeal to the City Council. RECONVENE After a recess at 9:30, the meeting reconvened at 9:35. 4. SPECIAL PERMIT TO ALLOW AN AIR FREIGHT FORWARDING TERMINAL IN THE M-1 DISTRICT AT 859 COWAN ROAD, BEING LOT 22 AND 23, BLOCK 2, EAST MILLSDALE INDUSTRIAL PARK, BY FIVE STAR AIR FREIGHT CORPORATION - Chairman Sine announced this application for hearing. However, it was determined that no representative of the applicant was in the audience. Marion Brown, an attorney representing Jane K. Molyneaux, an adjoining property owner, was present. Commissioner Cistulli moved that this application be set for public hearing at the next regular meeting of the Commission, May 22. Commissioner Jacobs seconded, and the motion carried on voice vote. 5. SPECIAL PERMIT TO ALLOW AN ESTABLISHMENT FOR THE SALE OF FOOD AND BEVERAGES IN AN M-1 DISTRICT AT 1348 ROLLINS ROAD. OWNER: NILS H. WIK. APPLICANT: MICHAEL DAVIS. After announcement of this special permit for hearing, Secretary Kindig read correspondence from Mr. Davis stating he wished a con- tinuation of this application for further work on plans. Commissioner Taylor moved this application be continued to the Max 22 public meeting, Commissioner Cistulli seconded, and the motion passed unanimously M;= on voice vote. Commissioner Mink suggested that applications with continuations and absenteeism be announced at the start of the meeting, if possible, for the convenience of the audience. 6. SPECIAL PERMIT FOR MAJOR MODIFICATION OF SHELL SERVICE STATION AT BROADWAY AND LAGUNA AVENUES, BEING LOTS 25 AND 26, BLOCK 2, EASTON ADDITION NO. 2, ZONED C-1 Chairman Sine introduced this item for hearing. Secretary Kindig read correspondence from Shell stating they wished to modernize the station, and a letter from Shell under date of April 20, 1972 stating their tenure at the service station was through August 31, 1982. City Planner Swan distributed plans of the modernization to the Commission. He cited three conditions for service stations in the zoning regulations. 1. Location must be on main street or artery. Laguna at Broadway is not an artery. 2. Both sides of the street must be in either commercial or industrial district. There is an R-3 zone immediately behind the station. 3. The station must be 490' distant from any existing service station. This station is less than 400 feet from two existing service stations on Broadway at California Drive. He commented that requirements should include offstreet parking and landscaping, that there should be consideration of what the service station looks like from adjacent property and its impact on the area. He noted there would be from 6-10 more parking spaces on -street at the site if the service station and its driveways were not there, and commented that a local concern is the dire need for offstreet parking close to Broadway. He showed slides of the station and the residential area immediately behind it, noting F commercial vehicles are stored at the service station and trucks park in a loading zone in front of the station. This loading zone creates a traffic hazard. He stated the present lease expires in August, 1972, and there appear to be options for extending the lease. Terms of the lease are not yet known, and he requested this information be submitted to the Commission. He suggested this permit either be deferred or granted for a period of one or two years, commenting that this is an expensive improvement which will upgrade the service station, but questioned, is this the best use for this property at this time; Mr. Leroy Isaacson of Shell Oil Company addressed the Commission. He went into the background of Shell Oil's occupation of this corner since 1936, commenting it was completely rebuilt in 1957, and the company wants to modernize it again. He showed a rendering of the proposed station which will be three bays. He stated the ice machine will be removed; and claimed the station has proved itself to the people in the area. The volume of business is good, and it does offer employment. Commissioner Cistulli questioned if the letter from Shell were to be considered as proof of the lease. The Shell representative stated that his company does not release copies of the lease unless the property owner so desires, since this is confidential information. The City Attorney commented that in general, landlords and clients do not record leases. However, the suggestion made at the study - 7 - session that Shell bring inan abstract of the lease did seem in order. Commissioner Norberg stated the sign on the plan was not attractive. He asked if the four driveways were really necessary. Mr. Isaacson replied that Shell must have them as they must consider the conveni- ence of the customers. Chairman Sine requested comments from the audience in favor of this application. Mr. George Honn, part owner of the property, responded in favor. He stated that after his parents had died, the original lease was lost in transference of legal papers. However, he understood that Shell Oil did have an option for another ten years on the property. He stated the station has been there for 36 years and has been no problem and he could see no objections to its continued location there. Secretary Kindig read a letter dated April 21, 1972 from the Broadway Burlingame Area Merchants Association stating they objected to the location of this station in the middle of a shopping area and suggesting the best use for the property would be conversion to modern stores or a parking lot. Mr. Pete Campanile, President of the Broadway Merchants Association, addressed the Commission. He reported that there were five gas stations on Broadway and a definite parking problem; that the merchants have tried to get a parking assessment district on Broadway and still hope to obtain a piece of property for that use. He commented on the increase in traffic which will result from Northpark, and the decline of Broadway businesses with too little parking. He hoped this property could be obtained for parking. Mr. John Yohannon addressed the Commission, stating he was a merchant on Broadway. He said that at the time this station was established years ago it was in the best interests of the community, but that the Commission should decide if it is in the best interests of the residents and business community at this present time. He, too, requested that the Commission consider the parking problem since it is becoming detrimental to the merchants on Broadway. The public hearing was declared closed. Commissioner Norberg commented that 'Shell Oil Company has not been cooperative with Commission suggestions on this modernization, and he could not look favorably on the application. Commissioner Jacobs thought the station was a poor use for the property and he would like to see it out. Commissioner Taylor agreed. Commissioner Mink stated that this is a permitted use in this zone and they are permitted to stay if use is continuous without a six-month lapse. He challenged the Broadway merchants to go ahead and buy some property for parking. However, he disliked the Shell sign, thought station needed landscaping, and new lighting. Commissioner Kindig did not like the station and could see no necessity for four driveways. Commissioner Cistulli wanted to see proof that the lease would be continued, commenting that the Commission could not tell Shell Oil to move. He also suggested that the merchants buy a piece of property for parking, or talk to the City Council about a parking lot. Chairman Sine felt the Commission was in an untenable position - that the service station was not proper for Broadway but that the lease was signed. He objected to the arrogance of Shell Oil Company in not complying with Commission suggestions. There was further Commission discussion. Commissioner Mink moved that this application be carried over to the regular May 22 meeting; that the applicant submit plans conforming to the sign code, with removal of the sign from the top of the building; proper evidence be given that there is a lease that will be in effect for a given length of time and explanation of the terms of the lease. Commissioner Cistulli seconded the motion and it carried unanimously on voice vote. NEW BUSINESS Code Amendments: Title 6 - Business Licenses and Regulations: Chairman Sine introduced this item for consideration by the Commission. The City Planner then explained to the Commission that,following a conference with the City Manager, except for zoning code amendments all other code changes should be directed to the City Manager for his appropriate action. Since the Planning Commission is concerned with the use of property and is in effect a land use policing body, it is proper that they give the City staff their recommendations on ideas for code amendments so that they can be conveyed to the City Manager. Title 22 - Signs: There was Commission discussion regarding the length of time the applicant had to take down signs after vacating the premises, and a consensus of opinion that this should be thirty days. The City Attorney reported that this should be in form of a written agreement, and the Commission discussed putting this agreement on the application form for a sign. Commissioner Cistulli moved the date required for sign removal after vacation of premises be 30 days. Commissioner Jacobs seconded, and the motion carried on voice vote. Staff was directed to prepare and forward their recommendation for this code change. 8. Election of Officers. Commissioner Norberg nominated Frank Cistulli for Chairman. Commissioner Jacobs seconded. There were no other nominations. Everett K. Kindig was nominated for vice-chairman. Malcolm Jacobs was nominated for Secretary. Nominations were closed. The officers nominated were elected by unanimous voice vote. Chairman Sine stated it had been a pleasure working with the Commission during his term. The meeting regularly adjourned at 11:00 p.m. Respectfully submitted, Everett K. Kindig Secretary