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HomeMy WebLinkAboutMin - PC - 1973.12.26THE CITY OF BURLINGAME PLANNING COMMISSION December 26, 1973 COMMISSIONERS PRESENT COMMISSIONERS ABSENT OTHERS PRESENT Cistulli Jacobs Kindig Mink Sine Taylor CALL TO ORDER Norberg (excused) City Planner Swan City Engineer Davidson City Attorney Karmel A regular meeting of the Burlingame Planning Commission was called to order on the above date at 8:05 P.M., Chairman Kindig presiding. ROLL CALL The above named members were present. Chairman Kindig told the Commissioners Commissioner Norberg was in the hospital. MINUTES The minutes of the regular meeting of November 26, 1973 and the study meeting of December 10, 1973 were approved and adopted. HF: A RT W'.1R 2. TENTATIVE PARCEL MAP FOR RESUBDIVISION OF LOTS 9 AND 12, BLOCK 6, MAP OF SUB.#2, BURLINGAME PARK, (APN 028-315-050 AND 060) ZONED R-1, FOR MISS G. BERNICE BARNE TT AT 1575 RALSTON AVENUE, BY H. G. HICKEY. Chairman Kindig read letter dated December 26, 1973 from Ron Marlin, agent for Miss Barnett, requesting postponement of this application to the study meeting of January 14, 1974 so that an alternative map could be prepared. The Commission had no objections. 4. SPECIAL PERMIT TO ALLOW TRANS RENT -A -CAR IN M-1 DISTRICT AT 1555-1561 BAYSHORE HIGHWAY, (APN 026-321-370) FOR DFK -INVESTMENTS BY CYRUS J. MC MILLAN Chairman Kindig read a letter dated December 26, 1973 from Hugh F. Connolly, representing DFK, requesting postponement of this item to the regular meeting in January because the applicant was unable to be present as of this date. The Commission voiced no objections to this continuance. 1. SPECIAL PERMIT TO USE UNCLASSIFIED PROPERTY LEASED FROM THE SAN FRANCISCO WATER DEPARTMENT FOR PRIVATE OFF-STREET PARKING LOT, IN 1800 BLOCK ON EAST SIDE OF CALIFORNIA DRIVE, BY B. CARL SNYDER Mr. deWolf was present and was asked by Chairman Kindig if he wished to make a presentation. Mr. deWolf replied he had no comments but was available for questions. City Planner Swan remarked that this was a continued hearing and any testimony that had come up since November 26 should be made a part of this night's hearing. - 2 - Chairman Kindig questioned if City Engineer Davidson had comments. The City Engineer replied that the site drainage was satisfactory although minimal; but he would have preferred a formal pavement design as crushed rock could deteriorate with moisture penetration. In response to a question from Commissioner Jacobs on the widening of California Drive, he stated this had been discussed but there were no formal plans. Commissioner Sine remarked this would eliminate the parking lot in any event. Commissioner Cistulli questioned Mr. deWolf on the fence and crosswalks. Mr. deWolf indicated the fence would be 4' high, made of 3 strands of 18 gauge wire; the strands to be about 1' apart. He referenced a letter from the Police Department stating there should be a crosswalk on the NW corner of Trousdale and California Drive and one at the SW corner of Murchison and California Drive with another crosswalk to be evaluated by the Police Department for the middle of the site upon completion. Mr. deWolf repeated that the City of Millbrae had no objections to this use and that the manner in -which the driveway is constructed eliminates the need for a lease from SP. He agreed with City Engineer Davidson's preference for a better type of pavement and stated this had been discussed with his engineers. However, due to the light traffic on the site and the necessity to save oil this type of paving had been chosen with the idea it could be redone later. He noted Mr. Snyder leases this property only from year to year, and there is a possibility of the street being widened. Commissioner Sine commented that the applicant is providing parking over and above the already adequate parking at the project site. Chairman Kindig requested audience comments. There were none and the public hearing was declared closed. Commissioner Cistulli moved this special permit be approved according to the plans and layout presented with the inclusion of proper cross- walks; striping of the parking lot with bumpers; and landscaping and maintenance thereof in conformance with Burlingame Park Department requirements. Commissioner Sine seconded the motion. It tied on the following roll call vote: AYES: COMMISSIONERS: CISTULLI, SINE, KINDIG NAYES: COMMISSIONERS: JACOBS, MINK, TAYLOR ABSENT: COMMISSIONERS: NORBERG Mr. deWolf was informed by the Chairman he had the right of appeal to the City Council. At this point, Mr. deWolf questioned the legality of Commissioner Jacobs voting; noting she had previously abstained because of not being present to hear sufficient information. There followed discussion, during which it was established that Commissioner Jacobs was not present at the original public hearing of September 24 and had therefore not heard all of the information. The City Attorney gave the opinion that unless all of the evidence had - 3 - been reintroduced subsequent to that time the Commissioner would be disqualified from voting. He pointed out that at this present hearing the applicant had not made a presentation. On a question from Commissioner Taylor as to what constituted a majority vote, the City Attorney explained that it requires a majority of the members of a Commission for a vote on a zoning ordinance, whereas a vote on a variance or special permit would require only a majority of a quorum present. Chairman Kindig announced that according to this judgment the vote in favor of the special permit would be 3-2; and opponents could appeal to the City Council. 3. SPECIAL PERMIT FOR SMALL ANIMAL HOSPITAL AND ASSOCIATED OFFICES IN C-2 DISTRICT AT 1101 JUANITA AVENUE (APN 026-092-010) FOR G.E. FREY, D.V.M., BY AGENT, JOHN F. ROSS (ND-23P) Mr. John Ross was present as representative of the applicant. Upon being invited by the Chairman to speak, he told the Commission Dr. Frey was unable to be present because he was hospitalized, but that Mrs. Frey was there. With respect to petitions previously submitted to the Commission opposing the application, he stated that most of the signers had been contacted and some had requested their names be removed after they understood there would be no boarding of animals. Again he emphasized there would be no boarding with the exception of animals recovering from operations. However, Dr. Frey would like the option of boarding cats and birds. He added he had consulted with an architect on the parking lot and actual spaces would be only six. Drawing had been prepared. The City Planner stated he had prepared Declaration of Negative Impact on this project and referred to Planner's evaluation therein, "The off-street parking does not satisfy parking regulations." Secretary Sine read letter of application from Dr. G. E. Frey dated November 20, 1973 which set forth that this facility would be used as a small animal hospital with no boarding. It would have self-cleaning kennels and the ward would be next to California Drive, lessening the noise factor. The building would be redecorated and site relandscaped. Secretary Sine then read communications from M. E. Carson, 1125 Lincoln Avenue and Alice L. Andersen, 1124 Rhinette Avenue, opposing this use. He also read two petitions opposing this use, one with 28 signatures and the other containing 19 signatures, some of which were duplicates. Chairman Kindig requested audience comments in favor of this application. A Mr. Tamborini of Box 335, South San Francisco told the Commission he owned this property. He noted opposition to this use in a residential neighborhood and commented that California Drive is not residential. He also remarked he had built this building 10 years ago for the use of the Girl Scouts, and said he expected less noise, traffic and disturbance with the proposed animal hospital than there had been with the Girl Scouts. In response to a question from Commissioner Mink he stated he did not know how Dr. Frey intended to remodel the interior, but that he would be allowed to do so. Mr. Ross interjected the fact that some of the signers of the petitions were outside of the 500' radius required for notification of property owners. Chairman Kindig requested audience comments against the application. Harry Kanewski of 1125 Juanita voiced opposition. There being no further remarks, the public hearing was declared closed. Commissioner Taylor questioned parking with respect to employees. Mr. Ross declared there would be 5 people employed but that employees would be required to park off site on California. Customers would come by appointment only using the 6 parking spaces. Commissioner Taylor questioned how this use would fit into the General Plan. The City Planner stated that a special permit for an animal hospital is requir( for an M-1 district. It is logical that a special permit should be obtained for a controversial use in a C-2 area. Commissioner Jacobs questioned the adverse effect of possible increased commercial traffic on Juanita, noting the present dentist's office already across the street. The City Planner advised that the code requires a certain amount of parking for an office building and the cited office use across the street was permitted many years ago. Mr. Ross commented that the previous use by Photomat had encouraged many delivery trucks. Commissioner Jacobs commented that the present building in a C-2 district does exist and some use must be found for it. The City Planner noted the Commission was to decide if this use was suitable. Commissioner Sine objected to the boarding of any animals, including cats and birds. Commissioner Mink requested the parking lot layout, which was presented. Mr. Ross introduced Mrs. Frey, who thought the problem was that of semantics, since the applicant is speaking of "hospitalization" for recovery after operations, and the Commission is speaking of "boarding." She remarked that the boarding of cats and birds would actually cause no disturbance. There was further discussion of boarding of cats and birds with Commissioner Cistulli remarking that if the building is sound proofed, there could not be that much added noise. Commissioner Mink questioned if the animals would be attended at night. Mrs. Frey stated she could not imagine leaving an animal alone after surgery. Commissioner Mink moved this special permit be granted with a statement of findings which is: in view of the existence of this commercial building with a substandard parking area, the Proposed use, the small number of employees, and considering other operations, this will not have as adverse an effect on the neighborhood as other uses, since this is a small animal hospital only. There shall be no boarding of animals overnight; animals recovering from illness or surgery will be kept overnight and will be attended. The parking lot shall be marked and striped so that there are appropriate fixed parking spaces. Landscaping to be approved, and maintained by the applicant. The remodeling of the building to be in general agreement with sketches submitted. The general activities of the hospital shall take place along the California Drive side. Commissioner Cistulli seconded the motion and it carried on unanimous roll call vote. Chairman Kindig announced it would become effective ,on January 8 if not appealed to the City Council. - 5 - 5. SPECIAL PERMIT TO ALLOW A FOOD SERVICE ESTABLISHMENT IN M-1 DISTRICT AT 819 MITTEN ROAD BY DAVE A. WEISS (ND-24P) At the invitation of Chairman Kindig Mr. Weiss addressed the Commission. He stated his desire of establishing a short-order type restaurant at this location, health -food type of menu with no cooking of greasy foods. The establishment would be open 7:00 A.M., to 3:00 P.M., five days a week, and would have a seating capacity of 40 people. There would be 6 parking spaces at the restaurant, but most service would be walk-in from the surrounding area. Bathroom facilities would be provided. Mr. Weiss referenced a letter from Fire Inspector Howard Pearson dated December 24, 1973, in which it was stated the Fire Department would approve this use without the usual provision of a fire extinguishing system in the overhead hood in view of the nature of the cooking of non -greasy foods. The communication specified that if the type of cooking changed or if the business changed hands the fire extinguishing system should be installed if a hazard is created. It also specified that seating should be in accordance with the Uniform Building Code. Secretary Sine read the application letter, which set forth the same information as Mr. Weiss had presented and gave details of menu, decor, price range, etc. He also read statement made by Mr. Weiss to the Fire Inspector regarding type of cooking. Chairman Kindig requested audience comment. A Miss Archer of Foster City, who works for Dohemann Company (the leasing agent) spoke in favor. There were no negative comments. The public hearing was declared closed. City Planner Swan suggested that the occupant load be changed to 38 people, in conformance with the Fire Inspector's request. Mr. Weiss had no objection. Commissioner Mink moved this special permit be approved subject to conditions set forth in the Fire Inspector's letter of December 24, 1973, and conditions that service be from 7:00 A.M. to 3:00 P.M. and seating be limited to 38 occupants. Commissioner Cistulli seconded the motion and it carried on unanimous roll call vote. 6. VARIANCE FOR LETTING OF ROOMS TO NOT MORE THAN SIX PER -SONS IN R-1 DISTRICT AT 27 CLARENDON ROAD BY MRS. GHAED MC GAVIN. (ND-25P) Secretary Sine read letter from Mrs. McGavin dated December 5, 1973 stating she is licensed by the State of California to operate a home for the elderly and presently has three paying guests in her 7 bedroom home. She wishes to be allowed three more guests for which her home has adequate facilities. Meals will be served. When her license was first obtained, both Burlingame Building Inspector and Fire Inspector had approved her home. Upon invitation of the Chair, Mrs. McGavin addressed the Commission. She stated she had presented to the Commission a petition signed by her neighbors supporting her application. She added she could adequately care for three more people than she now had, and this work could be of benefit. Chairman Kindig read petition she be allowed this use which carried 28 signatures. M:n Secretary Sine read letter from Morris Cox, president of the W. Volker Fund, which strongly endorsed Mrs. McGavin's request. Chairman Kindig requested audience comments in favor. There were none. Upon his request for opponents, Mrs. Neil Bilsey of 518 Bayswater spoke, stating she had previously signed the petition but now wished her name removed. She said she had just moved to this area because she considered it residential; had two young children, and the neighborhood was in danger of being a commercial area with approval of this use. Dottie Bliss, 520 Howard, did not understand how this small house could have been enlarged to have 7 bedrooms. Commissioner Sine commented that the addition to the house five years ago had been checked with the Building Inspector and met all the codes for a residential area. Sam Marenco, 207 Clarendon, felt the Planning Commission was not responsive to the wishes of the residents who desired this area to remain R-1. He feared the section would become an area of rooming houses. Charles Nolan, 221 Victoria, viewed this as a commercial venture; and while he had sympathy for old people, did not believe this was the area for such a home. He suggested Rollins Road. Commissioner Cistulli questioned if he lived within the 500' radius. Mr. Nolan agreed he did not, but that he did reside in the general area. Henry Use, 126 Clarendon, questioned the adequacy of parking space for this increased number of tenants. He stated he had not known previously that there were already three guests in this home. Randall Wardlaw, 116 Bloomfield, was opposed to the increased density and the parking problems it would create. He said this use would contribute to a transient type of person in the area and would set a precedent. He considered the application as being for the renting of rooms and thought it wrong. There being no further comment, the public hearing was declared closed. Chairman Kindig, speaking as an individual rather than a Commission member, said that traffic was a very minor problem for the elderly such as these. As a matter of fact, it was sad they had so few visitors. City Planner Swan presented facts about this application and this area. He pointed out the interests of the people in the area had been served solely by the Planning Commission and staff a year ago in the elimination of a triplex owned by an absentee property holder. There had been no public protests on it. He also pointed out there are six duplexes within 60' of the McGavin property. He stated the renting to three persons is permitted in an R-1 district without a special permit. The City Planner quoted the code which specifies the number of people allowed as paying guests in a residence shall not - 7 - exceed one person for each 1,000 square feet of lot area, in addition to the owner or manager and his family. The McGavin lot is 157331' in depth and has adequate area (7,825 square feet.) He thought this was being termed a commercial use to eliminate residential use for the elderly who actually have few places to go. Commissioner Sine said this was a classic case where everyone is sympathetic to the elderly, but do not wish to have them in their awn neighborhoods. He stated he intended to vote for it. Commissioner Cistulli stated the project had his sympathy and vote, especially since it was already being used for this purpose. Commissioner Mink questioned Mrs. McGavin how many visitors came in the course of a month. She replied visitors were very rare; she had every olunteered to get relatives herself; and had one patient who had not had a visitor in three years. Commissioner Mink, commenting that the section on low income housing in the General Plan had been eliminated by the City as being inappropriate, said he hoped to spend his declining years in a residential area and would not deny that right to anyone. Commissioner Sine praised the McGavin property as being spacious, clean, and in adherence to building and fire codes, as well as having ramps for the elderly. He noted the large rear yard with fruit trees and patio. He commented that parking was no problem, since the tragedy of the aged is that they are often forgotten when placed in a custodial situation. He noted there is room for 4 cars in the driveway. He spoke of his work with the Senior Citizens organization, and stated his only concern was that this variance be limited to this applicant. Commissioner Cistulli also commented on his affiliation with groups that visit convalescent homes, and of the deplorable and lonely situations which exist in many. Commissioner Taylor questioned Mrs. McGavin if all clients would be geriatric. She replied she had one guest who was middleaged but disabled. She noted she was licensed by the State for care of elderly and disabled. Commissioner Taylor moved that this application for variance for the letting of rooms to not more than six elderly or disabled persons be granted, with the stipulation that it be limited to Mrs. Ghaed McGavin only. Commissioner Sine seconded the motion and it passed by unanimous roll call vote. Commissioner Jacobs remarked that she, too, was concerned about R-1 zoning in the City, but considered this a very exceptional case. RECESS After a short recess at 10:30, the meeting reconvened. 7. SIGN PERMIT FOR 80 SF WALL SIGN AT 783 CALIFORNIA DRIVE, ZONED C-2, FOR EDAN SPORTING GOODS. An illustration of the proposed sign was distributed to the Commission. Mr. Mike Rabdau, 11 Dover Court, San Carlos, owner of Edans Sporting Goods, addressed the Commission. He told them this business has been carried on in Burlingame -for a number of years. He was a former employee and had purchased it a year ago. Mr. Rabdau is now in the process of remodeling the store inside and out; and wishes to replace present signage with an engraved wood wall sign of 80 square feet which would be suitable to the facade of the building. Mr. Rabdau commented that the previous sign was much larger. However, he said California Drive is a fast traffic street, and it is necessary to have a sign this large for store recognition. The sign is prefabricated; ready to install; will be lagged to the wall on the front of the building between the two windows. There will be four small flood lights on it. Commissioner Sine wished verification that existing signage would be removed. Mr. Rabdau agreed. There was little Commission comment. There was no response to the Chair's request for audience comment. The public hearing was declared closed. Commissioner Sine moved the sign permit for 80 SF wall sign at 783 California Drive be approved to replace existing signing, and in accordance with the submitted design. Commissioner Taylor seconded the motion and it passed on unanimous roll call vote. 8. SIGN VARIANCE FOR 256 SF TEMPORARY REAL ESTATE SIGN AT 1350 BAYSHORE HIGHWAY, ZONED C-4, FOR CHARLES KING AND ASSOCIATES OFFICE BUILDING Mr. Richard Ware, representing Charles King and Associates, addressed the Commission. He told them the proposed temporary construction sign will depict the 16 story office building which they are building. The sign will also contain the names of contractor, developer, architects, and consultants. This sign is for leasing purposes. Mr. Ware then displayed a large drawing of the sign. He stated he wanted this sign to be split in a "V" so it would be visible from two angles. It will be lit by two spot lights at the bottom of the sign and there will be no neon lights. Commissioner Jacobs questioned the setback and the definition of "temporary." Mr. Ware said the sign would be located 20' from the street and that the sign will be up only until the building is completed, which the contractor estimates will be 18 months. However, he would prefer the term of the sign to "date of completion." There were no audience comments for or against, and the public hearing was declared closed. City Planner Swan commented this variance might also be considered as a variance to the 30' minimum setback required in the C-4 district. Commissioner Sine objected to the sign size and suggested it be cut down to 80 square feet. He wondered if this leasing sign might be kept up until the entire building was rented. Mr. Ware said that in relation to the 5 acre site and the size of the project, the sign would not be considered overpowering; no other signs would be permitted on the site; and he would file initial notice of completion on the structure. Commissioner Taylor questioned the exact location of the sign on the site and failed to see the effect of such a large sign on leasing. Commissioner Sine agreed, saying people will be aware of where the structure will be since the structural steel will be up long before the completion of the building. Commissioner Cistulli thought that 80 square feet of signage on a five acre site would be inadequate and did not object to this temporary sign. Commissioner Mink had no objection to signs on contractors' sheds with the provision that any other free-standing site signs come before the Commission. There was some discussion. Commissioner Mink moved that sign variance for this 256 square feet temporary real estate sign be granted subject to these conditions: 1. It be constructed in accordance with drawings and plans submitted. 2. It be removed upon completion of the building. 3. Any other free-standing signs of any size on this site be brought before the Planning Commission. 4. Lighting of the sign to be adjusted so that it does not glare in the eyes of drivers on Old Bayshore. Commissioner Taylor seconded the motion and it carried on the following roll call vote: AYES: COMMISSIONERS: CISTULLI,MINK,TAYLOR,KINDIG NAYES: COMMISSIONERS: JACOBS, SINE ABSENT: COMMISSIONERS: NORBERG 9. SCHEDULE PLANNING COMMISSION MEETING DATES IN 1974 Commissioner Mink moved the adoption of meeting dates for 1974 as suggested by the City Planner. Commissioner Taylor seconded the motion and it carried by voice vote. 10. CLARIFY HEIGHT LIMITATIONS IN R-1 DISTRICT City Planner Swan reported to the Commission that their suggestions for height limitations had been transmitted to the City Council December 17. They had generally approved but suggested that height limitation be lowered further on lots sloping downward toward the rear of the lot. He had forwarded a revision to the Commission for their study but had now prepared a finalized revision. He distributed this to Commission members for their comment. The City Planner stated the City Council had stopped construction on three-story buildings pending resolution of the height limitation and suggested action on this amendment as soon as possible. In view of other items already scheduled for the January 28 meeting, he suggested this be noticed for public hearing at an adjourned meeting to be held on January 14. There was some discussion. - 10 - Commissioner Taylor moved this meeting be scheduled for hearing at adjourned meeting. This motion was seconded by Commissioner Cistulli and carried by voice vote. 11. ADDITION OF CHAPTER 25.72, DOWNTOWN PARKING DISTRICT REGULATIONS The City Planner explained that early action on this item was also necessary since the City Council desires an ordinance which will effectively regulate this district. Emergency Ordinance 959, extended twice by Ordinance 960 and Ordinance 981, covers this district and will expire on March 20, 1974. He reported that the Council had directed the Planning Commission to consider a zoning code amendment to add new regulations for buildings that exceed 35 feet in height, cover more than 75% of the lot area or that have more than 15,000 square feet of gross floor area. Individual special permits would be required for each of these conditions. As a result of this Council direction, Chapter 25.72 - Downtown Parking District Regulations - had been drafted which includes these regulations of conditional uses as well as others deemed feasible. Also amendment of Offstreet Parking Regulations, Section 25.70.040 - Exceptions and Exemptions - had been prepared. However, it was considered best to defer any consideration of this amendment at this time. City Attorney Karmel commented that since an ordinance will not be effective for thirty days after Council action they must act on this by February 20. For this reason he suggested that this ordinance be noticed for hearing on January 14. City Planner Swan explained details of the proposed Chapter 25.72 which would be an overlay zoning district with additional regulations that would apply to all C-1 and C-2 areas located within the Burlingame Avenue Offstreet Parking District. Regulations would include permitted uses; conditional uses; prohibited uses; ambiguity of use; building regulations; height and bulk of buildings; and with proposed addition of floor area ratio regulations; sign regulations covering signage of more than 50 square feet; and special parking provisions for added floor area above the third floor or more than 35 feet above grade. Considerable discussion followed. The Commission agreed to have a hearing on this subject January 14, with recommendation to the City Council. 12. SERVICE STATION SPECIAL PERMI T EXPIRATION There was Commission discussion of the City Planner's memo on this subject which explained conflicting code provisions for expiration of special permits and variances. One section of the code provides variances become null and void after non-use for one year. Another section proddes that suspension of a special permit for non-use must be preceded by a public hearing. The memo requested Commission's preference as to policy. This item will be considered at a future study meeting. 13. MOSCONE BILL City Attorney Karmel passed out copies of the new State Financial Disclosure Law which goes into effect January 1, 1974. He reported that there are two aspects to this law — conflict of interest and disclosure of assets. The conflict of interest law he noted as applying to all public officers, although the definition of "Public Officer" is not clear. He also said there is a provision for the City Council which would compel city officers to comply with whatever rules the Council sets down for disclosure of assets. In other words, some officials might not be required to file by State Mandate, but might be required to do so by City Council action. Considerable discussion followed. LEAGUE INSTITUTE City Planner Swan told the Commission there would be a League of California Cities Institute for Planning Commissioners in Palm Springs February 6 through 8. Reservations must be made before the 23rd of January, and he requested Commissioners' decisions by the January 14 meeting. ADJOURNMENT - The meeting adjourned at 11:30 P.M. Respectfully submitted, Thomas W. Sine Secretary