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
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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
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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
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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.
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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