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HomeMy WebLinkAboutMin - PC - 1973.05.14THE CITY OF BURLINGAME PLANNING COMMISSION May 14, 1973 COMMISSIONERS PRESENT COMMISSIONERS ABSENT OTHERS PRESENT Cistulli Jacobs Mink Norberg Sine CALL TO ORDER Kindig (excused) City Planner Swan Taylor (excused) City Engineer Marr City Attorney Karmel An adjourned meeting of the Burlingame Planning Commission, from the regular meeting of April 23, 1973, was called to order at 8:00 P.M. by Vice -Chairman Mink. ROLL CALL The above -named members were present. Commissioner Kindig was noted as being out of town, and Commissioner Taylor absent because of family illness. Chairman Mink welcomed Commissioner Norberg•s presence at the meeting after his convalescence. 1. HEARING FOR MAKING THE ENVIRONMENTAL IMPACT REPORT, EIR-17P, ON RECLASSIFICATION FROM R-1 TO R-3A OF LOTS 2-6 INCLUSIVE IN BLOCK 23, TOWN OF BURLINGAME: RESOLUTION NO. 2-73 MAKING EIR-17P 2. RECLASSIFICATION OF LOTS 2-6INCLUSIVE IN BLOCK 23, SUBDIVISION OF BLOCK 22 AND RESUB:-DIV:6ION OF BLOCK 23, TOWN OF BURLINGAME FROM A FIRST RESIDENTIAL (R-1) DISTRICT TO A THIRD RESIDENTIAL (LOW DENSITY MULTI -FAMILY DWELLINGS: R-3A) DISTRICT: RESOLUTION 3-73 ADOPTING FINDINGS AND MAKING RECOMMENDATION Chairman Mink announced these items for public hearing. Commissioner Sine stated he felt it would be unfair to all of the people concerned in this reclassification if there was not a,full commission vote on it. He suggested it be continued to the regular meeting. There was some discussion. Commissioner Sine moved this reclassification be continued to the regular meeting of May 30. Commissioner Cistulli seconded and the motion carried on unanimous voice vote. City Engineer Marr requested correction on an item in the findings of Resolution 3-73. This is Exhibit A, changing the wording in "The Fire Department recommends pressure of 3,000 gallons per minute" to to . . flow of 3,000 gallons per minute." City Planner Swan requested that any other corrections in the findings be brought to staff attention prior to the public hearing. 3. . RESOLUTION NO. 4-73 FINDING THE ZONING ORDINANCE TO BE CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF BURLINGAME Chairman Mink announced this item for hearing and requested comments from City Planner Swan. The City Planner reviewed previous action on this subject, stating there had been a memo sent to the Planning Commission for study March 12th reporting the Council had carried a motion to refer to the Planning Commission for hearing and report - 2 - a change from the General Plan to the present zoning code. However, the semantics of this Council motion was discussed in detail at a recent Council meeting. The motion had been "to conform" the General Plan to the present zoning code, rather than to be "consistent." He went on to say there is a difference between "conforming" and "consistency." The essence of a General Plan is to be a guideline of what could be the City structure at a distant period of time. He considered the resolution to be a positive approach to recognizing the situation as it is today in complying with the State mandate, which requires "consistency" with the General Plan. He had the impression the Council could take action approving the "consistency" and thereafter take steps to rezone to make it more consistent. City Engineer Marr commented that to "conform" means to make the "same" or"similar." The City Attorney stated that the word "consistent" was used in the State statute, and at the time the Council made the reference to the Commission it was with the thought that the Council had a deadline to meet to have the zoning ordinance and the General Plan be consistent. Now, apparently, there is some suggestion that it was not sent down to be consistent but to conform. If that is so, then there is no deadline. The legislative mandate to make consistent must be met by June 30. He suggested this resolution be referred to the Council, and that they could then decide if they want actual conformity. Chairman Mink established the fact that by this resolution, requirements of the mandate would be met. There was some further discussion. The City Attorney stated the Commission did not have an option on the wording, since the State uses "consistent." Commissioner Sine moved adoption of Resolution 4-73 Finding the Zoning Ordinance to be Consistent with the General Plan of the City of Burlingame. Commissioner Cistulli seconded the motion, and it carried unanimously by roll call vote. 4. RESUBDIVISION MAP OF A PORTION OF LOTS 11 AND 12, BLOCK 9, MAP NO. 2 OF THE P ROPE RTY OF THE BURLINGAME LAND COMPANY, AT 1423, -27, AND -29 FLORIBUNDA AVENUE (APN 029-112-070, -08, -09) ZONED R-3 BY DAVID A. NICOLAIDE S & ASSOCIATES. City Engineer Marr reported that at the February 26 meeting he had delayed signing this resubdivision map since the developer -had not completed survey work and the demolition of buildings. These matters have now been taken care of to his satisfaction, and he stated no further consideration was necessary. 5. CITY COUNCIL REFERRAL - CONVE_RSION OF APARTMENT BUILDINGS TO CONDOMINIUMS Chairman Mink announced this item open for hearing and requested report from City Planner Swan. City Planner Swan explained that the Council action of May 7 had directed the City Attorney and City Planner to contact Senator Gregorio by telephone and advise him of the City's support of Senate Bill SB430 which would enable local government to establish regulations covering condominiums. He explained that construction of condominiums is governed by the Subdivision Map Act; that cities' only control is over the resubdivision map of the underlying land and there is no control over the air space. However, the new bill being introduced would allow - 3 - cities to approve or disapprove conversions of existing apartment buildings into condominiums or conversion of buildings under construction. City Attorney Karmel amplified that the Subdivision Map Act places some restrictions upon the power of local agencies in that they can require only a map of the surface, and many cities are having a problem with conversions. Last year a similar attempt to modify the statute failed. This year's bill is sponsored by the League of California Cities, and he had written to the League for any material they might have. However, as of meeting date nothing had been received. City Engineer Marr protested that even though the City can govern a subdivision map, so far he had seen none that indicated conversions. Commissioner Sine definitely thought the City should have control. Commissioner Cistulli brought up the Arc Way apartment building, asking if that was a conversion. The City Engineer replied there had been no building permit and no subdivision map. Chairman Mink noted that it is still held by a corporate entity. There was Commission agreement that conversions of apartments should be controlled. Chairman Mink suggested that a recommendation be framed and sent to Council that they make every effort to support this legislation since the Planning Commission is unable to do anything in controlling until legislation is passed. Commissioner Sine suggested the passage of emergency city legislation regulating these conversions, but was informed by the City Attorney that the Council could do only what the Subdivision Map Act allows. He suggested a progress report be made to the City Council pending information from the League of California Cities. Chairman Mink so directed staff to prepare. ADJOURNMENT The adjourned meeting adjourned at 8:30 P.M. STUDY MEETING OF MAY 14. 1973 APPLICATIONS 6. SPECIAL PERMIT FOR A CONVEYOR TYPE CAR WASH AND GASOLINE SERVICE STATION AT CALIFORNIA DRIVE AND HOWARD AVENUE IN C-2 DISTRICT BY STANDARD OIL COMPANY OF CALIFORNIA FOR THE BUBBLE MACHINE 7. DRAFT ENVIRONMENTAL IMPACT STATEMENT, EIR-18P, PREPARED BY ENVIRONMENTAL SCIENCE ASSOCIATES, FOR THE BURLINGAME BUBBLE MACHINE City Planner Swan introduced three individuals who would collaborate on this presentation. They were: Mr. Richard H. Rieber of Standard Oil Company; Mr. Ivan Eagleson, Area Manager, The Bubble Machine; Dr. Richard Cole, Environmental Science Associates, who were responsible for preparation of EIR-18P. The City Planner commented that this draft report, previously distributed to the Commission, should have one minor change. Water is supplied by the City of Burlingame, not the California Water Service Company. He hoped there would be some indication of the net change in employment and comments on the number of on -site parking spaces and operating procedure in event of breakdown. Chairman Mink commented there was little in the EIR about the quality of landscaping, which would be difficult to maintain on this small lot. He requested a report on the operation from Mr. Eagleson. Mr. Eagleson distributed site plans and stated that the Bubble Machine is a dealer -representative of Standard Oil. This involves a three -party dealership contract. Standard Oil owns the site and would be responsible for the operation of the site directly to the City. The Bubble Machine is responsible to them. Mr. Eagleson pointed out the landscaping on the site plan and stated that landscaping staff would visit the site regularly for upkeep. "The Bubble Machine" is a California Corporation with 28 facilities plus four under construction, all in California. The nearest site is Redwood City. This is a non -franchise operation. He went on to say that all operations other than car washing and gas pumping would be discontinued. The detergent used will be bio- degradable. City Engineer Marr cautioned that the City had a new industrial discharge ordinance coming up shortly and the car wash would have to meet these regulations. He noted this ordinance will be quite stringent. Dr. Cole referenced the EIR, stating it went into great detail on the control of sewage generated. Waste water would go into the sewage treatment system; solid waste, which he estimated as up to a maximum of six cubic yards per week, would be disposed of by the San Mateo County Scavenger Company. The City Engineer noted that apparently 80% of the water is reclaimed. He emphasized the City requirement of a sediment pit which must be shown on the plans. Mr. Eagleson stated they would be glad to submit details. Chairman Mink initiated discussion of the decibel count generated by this machine. Dr. Cole indicated that the noise caused by'the blowers would be less than ordinary daytime traffic levels on California and Howard, and even less than nighttime level. The only areas of concern are the R-4 residences on Highland between Howard and Bayswater. Mr. Rieber commented that the blowers which dry the car consist of one overhead hydraulic blower and two side jets. He noted the large cement block wall to the south on California would act as a noise buffer, and there was discussion of the fact that foliage in the landscaping plan is a very poor absorbent of sound. Chairman Mink questioned if there were low frequency sounds, thinking that the resonant effects of the tunnel would make them louder. Dr. Cole stated that the effect of resonance adds only two decibels. There was further discussion of sound effects in other locations such as installations in Redwood City and San Jose. City Engineer Marr requested correction of Page 34 of the EIR, "Report Preparation." This page lists as a source of information "Burlingame Waste Water Reclamation Facility." He stated he did not - 5 - discuss this EIR with anyone from Dr. Cole's agency. He also requested deletion of "California Water Service," since that agency has nothing to do with the City of Burlingame. Mr. Rieber instructed Dr. Cole to make these corrections and replace this page in the EIR. City Attorney Karmel cautioned there were three areas in town where complaints are received about noise - the cleaning establishment on Howard; the corner of California Drive and Floribunda where there are small shops; the City Hall itself with the noise of its air conditioning. He suggested that the City should not add to a bad situation with respect to noise if that is likely to happen. Chairman Mink brought up the question of whether this land use is industrial rather than commercial, since gasoline service stations are permitted in commercial areas by definition; however, this is a car wash which pumps gasoline (and is also a gasoline service station.) In response to Commission question, Mr. Eagleson stated that car washes are not only given with a fillup of gasoline. Cars may be washed for a fee of $1.25. 'The site was proposed because it was in a definite automotive area, which they thought would be acceptable to the City. Hours will be from seven in the morning until nine at night; there will be 27% landscaping; and the dcb of noise are compatible to what is there now. Commissioner Sine questioned the small area of the site and Mr. Eagleson replied that 40% of their operations are on sites this small and there is one even smaller in Oakland. There will be two parking spaces on the site and four additional on -street parking spaces will actually be provided. There will be three employees on the site during normal hours. Commissioner Norberg thought elevations were poorly designed and suggested fire -retardant shingles to add character to the building. The City Planner noted code requirements for parking and asked that the plan show where these spaces are and if they reduce the amount of landscaping. After further discussion, Chairman Mink set Items 6 and 7 for hearing on May 30, 1973. 8. SPECIAL PERMIT TO ALLOW REBUILDING A GASOLINE SERVICE STATION AND A NEW CONVEYOR CAR WASH IN AN M-1 DISTRICT AT 1000 BROADWAY BY ATLANTIC RICHFIELD COMPANY 9. DRAFT ENVIRONMENTAL IMPACT REPORT, EIR-19P, BEING PREPARED BY ENVIRONMENTAL IMPACT AND ENGINEERING ASSOCIATES FOR ATLANTIC RICHFIELD COMPANY Chairman Mink read letter dated May 14, 1973 from Mr. T. T. Clausen, ARCO representative, stating they requested their application be put over to June 25, 1973 in order to give them more time to comply with Environmental Impact Report requirements, and acknowledging the fact that they must appear at the study session of June 11, 1973. Chairman Mink stated that on the basis of this letter, this application would be heard for study on June 11, 1973. 10. VARIANCE AMENDMENT TO ALLOW ADDITION OF ONE SOCIAL ROOM ATOP THE 116 UNIT APARTMENT COMPLEX AT 3133-3155 FRONTERA WAY, BEING LOTS 1 AND 2, SKYLINE TERRACE, ZONED R-1, BY SKYLINE TERRACE APARTMENTS Chairman Mink asked City Planner Swan to comment on this application. The City Planner showed the plans for this addition and stated that this application is considered as a variance amendment, since the apartment itself is a variance. There is a concrete slab on the roof which would become the floor of the social room. He stated he was informed by the Fire Inspector that this would make this a four- story building, and it would then require automatic sprinklers. Mrs. Kaye Gross, manager of the apartments, was present as representative of the applicant. Chairman Klink questioned the City Planner if this would require an EIR and was informed it would. It was then ascertained from Mrs. Gross that preparation of an EIR hacyhot been started. She was informed by the Chairman that an EIR would be required and an EIR fee to the City of $200.00. On this basis, he asked if she would like to withdraw the application and discuss it with the owners of the building before proceeding any further. She replied affirmatively, and the Chairman stated this item would be removed from the agenda, and could be resubmitted at such time as the applicant desired. 11. SIGN PERMITS FOR THREE SIGNS MORE THAN 32 SQUARE FEET IN AREA TO IDENTIFY GOULD INC. AT 1633 ADRIAN ROAD IN AN M-1 DISTRICT, REPRESENTED BY ACME-WILEY CORPORATION City Planner Swan introduced Mr. Youssi of Acme -Wiley Corporation, Chicago, who propose to erect these signs. Mr. Youssi went into the background of Gould Inc. presently located in Burlingame at this address. Gould is a large conglomerate established some five years ago. Their present location is a warehouse and they wish to identify its various facilities. Mr. Youssi displayed a model of the principal sign; a blue and white monolith, 6' x 35' high and with 210 square feet of area, internally illuminated. There would be no flashing lights and it would have on it only the name "Gould" and their logo at the top. He noted the plastic is very strong and is not translucent, giving off a very soft light in the white areas. He showed photos of similar sigfts and also plans showing the area as it is now. He stated the sign has a total of twelve fluorescent lamps in it. He was asked to get a lumens reading and agreed to bring this to the public hearing. Chairman Mink questioned the City Planner about procedures on this application. City Planner Swan stated a request had been made for the applicant's architect to write a summary of the impact of the sign from 500' distance in all directions. He noted that the height limit in the M-1 district was 35' and questioned how the bulbs in the sign would be changed. Mr. Youssi replied that a ladder was welded to the I-beam structure on the inside of the sign. The Chairman suggested that photographs of the signs could be superimposed on the site photo. Mr. Youssi suggested he could get a long exposure at night which would indicate how much light is given off. Commissioner Sine indicated he would like a Gould representative present at the public hearing. Mr. Youssi summarized that he would get an architect's report of impact; information regarding lumens, and indication of night visibility. Chairman Mink set this application for hearing on May 30, 1973. - 7 - 12. SIGN PERMIT FOR A 5' X 12' GROUND SIGN TO IDENTIFY NORTHERN CALIFORNIA SAVINGS AND LOAN ASSOCIATION AT 1430 CHAPIN AVENUE IN A C-1 DISTRICT Mr. Jack Middaugh, Vice President of Northern California Savings, was present as representative, and produced a letter from his architect analyzing the sign and its impact on the neighborhood. This is to be a 5'x 12' sign on a 2' high pedestal of marble, interior lighted with fluorescent tubing, and located in a planted area. City Planner Swan distributed plans for the sign, and commended Mr. Middaugh on this method of approach. He noted that check had been received for the EIR fee. Mr. Middaugh stated that the sign was for identification only, and commented that while the sign is sixty square feet it should be evaluated in relation to the bulk of the building. The 2' pedestal is to give sufficient elevation over the cars parked at the curb. There is no intention of outside lighting of the building at night. Night lighting of the sign will be very soft. Other signs on the building will be only small metal signs. This application was set for hearing on May 30, 1973. 13. PRELIMINARY CONSERVATION ELEMENT OF THE GENERAL PLAN FOR THE CITY OF BURLINGAME, MAY, 1973, BY WILLIAM SPANGLE AND ASSOCIATES Chairman Mink stated this item was on the agenda for the purpose of setting it for public hearing and full discussion. Commissioner Sine moved the Preliminary Conservation Element be set for public hearing on May 30. Commissioner Norberg seconded, and the motion carried on voice vote. 14. GENERAL PLAN REVISIONS: CIRCULATION SYSTEM: MEDIUM DENSITY RESIDENTIAL USES: SHORELINE SPECIFIC PLAN: URBAN DESIGN GUIDELINES City Planner Swan reported this item had been placed on the agenda for the purpose of indicating future decisions facing the city. This meeting was an opportunity for the Planning Commission to indicate priority of consideration. He then commented on each specific item. The circulation system he considered of much importance because of the impact of additional future traffic from San Francisco Airport and traffic from changing land uses on the west side of the Freeway. He stated the City needs a specific plan for land use and circulation to serve it; and noted that at a recent Council study meeting the City Manager was requested to contact San Mateo and Millbrae to work towards a cooperative approach for improvements at Millbrae Avenue, Broadway overpass and Peninsula Avenue. He reported that the critical area in the whole circulation system of Burlingame was between Bayside Park and the Bay where there are changing land uses and only a two- lane road for access to them. City Planner Swan stated that a study had already been made on medium density residential uses and it resulted in the development of R-2A district guidelines. He referred the Commission to Page 17 of the Conservation Element. This material outlines the issues and proposed program for a Shoreline Specific Plan. He stated that Spangle is preparing urban design guidelines, and emphasized that these are only proposals. While the City has temporary emergency ordinances, no definite steps have been taken for amending present zoning regulations. City Planner Swan then requested direction in priorities on these items and discussion followed. Chairman Mink thought that since all residential land is zoned, priority should center on the area across Bayshore Freeway where the city lacks certain controls. He asked if the Commission agreed and if staff should be requested to prepare a preliminary outline of steps to be followed in solving this problem. The City Planner suggested that Spangle's proposed urban design would consider the shoreline along with the rest of the city, and possibly this would be an approach rather than over -emphasis on one area. Commissioner Cistulli disagreed with emphasis on the shoreline. He felt there would be no immediate problem there in view of the cooperation of Anza Pacific, and felt it was urgent for the city to work out urban renewal and residential rezoning. He felt there had been too much reluctance to get into this problem and that it must be done. Chairman Mink thought the Commission should have more information and asked if the City Planner could work up a program showing how much and what kind of activities would be necessary to study these revisions. At this point, David Keyston addressed the Commission. He stated that he was in favor of any circulation study since basically the roads have been accepted as a city function. However, he expressed concern about a "Shoreline Specific Plan" with stringent regulations on the property owner as to type of development, and commented that "We still have something called _due process and private property." Chairman Mink agreed with this last statement and commented these revisions would be set for public hearing so that there would be public input. The City Planner stated he would report back to the Commission on June 11 with program and estimate of work load in consideration of these revisions. 15. VARIANCE TO ALLOW AN EXISTING 7-UNIT RESIDENTIAL BUILDING IN AN R-1 DISTRICT AT 1510 NEWLANDS AVENUE BY BRLTCE STEWART; AGENT FOR OWNER, RICHARD GARCIA Chairman Mink questioned the City Attorney as to the lis pendens on this property. He replied that he had a deposition to file a lis pendens but it had not been filed. The City Attorney explained that this was a non -conforming property; part of it is illegal; there was no building permit. This property is in the process of being sold. Both the buyer and the seller wish to make it legal. The City Planner stated he was in doubt as to how to conform it. Since it is next to an R-3 zone, it could be considered a reclassification. He could not take an application for variance because it is an illegal building. He suggested the Planning Commission look at this to establish a policy in other instances. Mr. Bruce Stewart was present as real estate representative of both buyer and seller and addressed the Commission. He went into details of the property transfer since the building was illegally completed in 1954. He stated that in April, 1971 the Building Inspector had given a list of discrepancies to be corrected before the building could be brought up to code: He stated that both the seller and purchaser wish to cooperate to bring the building to code and are willing to put money in escrow to guarantee these changes will be executed. He added that a contractor's estimate had been obtained to accomplish the necessary changes. He was asked about the parking and stated there would be six apartments and 8 parking spaces, with the elimination of one apartment in the garage. Chairman Mink questioned the City Planner if an EIR would be required for this property. The City Planner stated it would be if this was set for public hearing. He questioned if a building permit could be issued so that the necessary changes could be made. The City Engineer protested that would be adding to a non -conforming structure. City Planner Swan replied that was what the situation was two years ago. Commissioner Cistulli asked if the sale could be stopped until corrections are made, but was informed the sale has been consummated. The City Attorney thought the Commission must differentiate between the non -conforming units and the illegal units. He did not see any problem in permitting the non -conforming units. He did not know if a determination could be made as to which units are illegal and which are non -conforming but thought an attempt should be made. It may be found that there are five non -conforming units and one illegal unit. Chairman Mink suggested that illegalities should be dealt with first and then the non-conformance. Commissioner Sine noted there was a buyer two years ago but when they found out the cost of correction they refused to buy. Mr. Stewart stated he had a firm price from the contractor. Chairman Mink suggested that this matter be deferred until a decision could be made about the EIR report. It was agreed to defer until June 11 and determine then when it will be set for hearing. The City Planner reported to the Commission that there is a similar problem across the street at 1509 Newlands. In this case a real estate man called to find out how this could be zoned R-4 immediately. It was suggested that this matter should be brought before the Planning Commission by the owner. Chairman Mink announced, with regard'to the Open Space Element, that he had received a letter from a citizen of Mills Estates bringing to his attention the fact that there is a large amount of land privately owned in the city that is undevelopable. He stated he might talk with the City Manager and members of the Beautification Commission about these lands. ADJOURNMENT The meeting adjourned at 10:45 P.M. Respectfully submitted, Malcolm M. Jacobs, Secretary