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HomeMy WebLinkAboutMin - PC - 1974.03.11THE CITY OF BURLINGAME PLANNING COMMISSION MARCH 11, 1974 COMMISSIONERS PRESENT COMMISSIONERS ABSENT OTHERS PRESENT Francard Mink (excused) City Planner Swan Jacobs City Attorney Karmel Kindig City Engineer Davidson Norberg Sine Taylor CALL TO ORDER The monthly study meeting of the Burlingame Planning Commission was called to order at 7:35 P.M. on the above date, Chairman Kindig presiding. ROLL CALL The above members were present. excused. POLICY PLANNING Commissioner Mink was out of town and 1. REPORT ON PLANNING COMMISSIONERS INSTITUTE AT PALM SPRINGS AND THE PALM SPRINGS SIGN REGULATIONS. Commissioner Taylor distributed copies of his report on the Institute to Commission members. He then commented most favorably on the Sign Code in that city - the number allowed for any single building, the small size and the aesthetic effect. No pole signs of any type are allowed, and an amortization program for signs was put in prior to the sign ordinance. Commissioner Sine stated his feeling that Burlingame should start by phasing out roof top signs. Chairman Kindig asked City Planner Swan for his comments on the Institute. Mr. Swan said the biggest impact was seeing a completely different community. There were many one- and two-story condominiums with only a perimeter fence which provided built-in security. He, too, commented on the smaller, very discreet signs in this city. The City Planner* mentioned an attractive office/park on the Irvine Ranch property in Southern California near the Orange County Airport. Copies of Irvine's Sign Standards were distributed to the Commission. CONFLICT OF INTEREST. City Attorney Karmel told the Commission that the conflict of interest forms for disclosure of assets were received in City Hall last Thursday. He distributed the Secretary of State's information manuals and Form 716, the Statement of Economic Interests which is to be filed in April. He advised similar legislation was adopted in 1969 but was held unconstitu- tional by the California Supreme Court in the case of City of Carmel -by - the -Sea v. Young (1970). The court held the act was an overbroad -2 - intrusion into the right of privacy, and thereby put too much restraint on a man who might want to run for public office. As Moscone was quite familiar with the Carmel case, he sought to write around it with this new legislation. Mr. Karmel then advised the Commission that a test case is now pending in Nevada County (Ref. his memorandum to staff of March 11 which lists latest developments in this regard).. He commented that in any event until the Nevada County case is decided, we must deem the act to be constitutional, and that the decision would still only be binding in Nevada County and no other counties. He mentioned there would undoubtedly be those in Burlingame who would have no objection to filing the Statement of Economic Interests, and some who would not want to do so. He suggested that those with any reluctance prepare the statement anyway as he felt there are bound to'be problems, and advised there is the whole month of April in which to file. In reply to a question from Commissioner Jacobs, City Attorney Karmel advised the result of not filing can be removal from office plus the legislation on which one had participated can be nullified. Commissioner Taylor mentioned the impact of the law in the case of one's personal attorney's advice being different from the City Attorney's view. Mr. Karmel said he was sure out of the 14 affected persons in Burlingame there would undoubtedly be some who would not want to talk to the City Attorney but advised the Commission to be selective about discussing municipal law. 2. CONDOMINIUM CONVERSION. City Planner Swan asked City Attorney Karmel to present item #2 to the Commission. Mr. Karmel distributed a paper received in the City Attorneys' Department at the 1973 Annual Conference of the League of California Cities. His distribution included the entire paper and all supporting materials. The City Attorney commented that Santa Monica appeared to be particularly concerned with license taxes, but it doesn't appear that Burlingame has this problem. The successive ordinances of Santa Monica are described in the paper. There is an attempt to relate the fact that a condominium is a subdivision and comes under the State Map Act. Mr. Karmel remarked that, nevertheless, this is an appropriate subject for a zoning regulation. At this point in the meeting the City Attorney left the conference room to attend another meeting. 3. REGULATIONS FOR SERVICE STATIONS - ADD SECTION 25.74.030. City Planner Swan introduced this item stating that no definite action had been taken at the December meeting when this code amendment was proposed. The added section would cause a special permit for a gasoline service station to become null and void if not used for a period of one year. Commission felt that six months would be a better period of time, with an option to renew within this six month's period. It was agreed that there was no urgency on this code amendment and it could be presented with other code amendments later. Commissioner Sine felt that the Commission should investigate the zoning and possibility of changing the zoning for service stations in most cases when they go out of business. -3- 4. BULK OF UNINHABITED BUILDINGS IN C-4 DISTRICT. The means of calculating bulk of structures, not occupied by people, was considered. Bulk may be defined as three dimensional space that one cannot see through. David Keyston suggested the Commission deem the Anza project unique and consider it separately. The real issue is determining at what height to start measuring building bulk; "and/or any fraction thereof." The Commissioners indicated they would not want to lose control of the bulk of structures in this area. The consensus was to leave paragraph 3 as is and change the floor area ratio (FAR) to 3.0. (During the course of the above discussion City Attorney Karmel returned to the meeting at 8:15 P.M.) 5. RESTAURANT PARKING SURVEY. City Planner Swan reported that there is not enough data available yet for a complete report. He mentioned that one parking space per three seats still looks good; this is what the county requires. It was pointed out that Burlingame's parking requirements make no provision for employee parking. Mr. Keyston commented that tying parking to number of seats is not easily administered and mentioned that Anza's particular requirement before leasing to a restaurant has been one parking space for every 75 SF or 2-1/4 seats, whichever is greater. Commissioner Sine said he thought one parking space for every two seats was preferable, or even one to 1.75. 6. PARKING REGULATIONS FOR HOTELS. City Planner Swan advised that at the Parking Commission's recent meeting they recommended that parking be required for a meeting room at a hotel. The Planning Commission and Parking Commission differ on this point. Commissioner Taylor stated his feeling that Burlingame has to consider revising its whole parking code. Since there is no way all the needed parking can be provided, alternatives such as minibus transit systems must be considered to decrease the number of cars. He also stated his feelings are mainly based on aesthetic lines and the ugliness of rows and rows of automobiles. Commissioner Sine commented that -seldom do Burlingame's hotels operate at 100 percent except two or three times a year when conventions are in progress, and he didn't feel excess parking for public spaces was necessary when this only happens occasionally. He suggested updating the parking regulations and clarifying the public rooms section of the code. City Planner Swan responded to Chairman Kindig's question regarding item #5 that he would like to bring a draft ordinance to the Commission. The ratio of parking spaces to seats was again discussed, with Commissioner Taylor stressing that customer parking is not as important as employee parking. -4- 7. PARCEL MAP OF PORTION OF LANDS OF DORE CONTINUED FOR STUDY AND HEARING MARCH 25. City Planner Swan had two comments: (1) the Fire Chief would like to have a name for the alley or easement, e.g.,-to assign addresses such as 1246 Dore Lane; and (2) he wishes the off -ramp from the freeway that goes into Broadway could be made more attractive. Commissioner Sine suggested either landscaping or a slatted cyclone fence, preferably 8 ft. medium security. Responding to a question from Commissioner Francard, City Engineer Robert Davidson advised it is State right-of-way on the freeway side of the fence. City Planner Swan advised this item will be on the agenda for the regular meeting, March 25. 8. SUBDIVISION MAP FOR CONDOMINIUM AT 1477 FLORIBUNDA AVENUE. City Planner Swan advised that he had no new information with regard to this item. City Engineer Davidson said that on August 13 there had been an inspection of the building and at that time they had excavated for the basement, had formed columns, but had not poured anything. It was determined that the effective date of required parking was August 2, 1973 and Mr. Swan advised that the builder had been notified that parking would be increased. This project had initially satisfied the 1-1/2 spaces per unit requirement, but would not satisfy the code change of two spaces for each two bedroom unit. They would require six more spaces. Commissioners discussed the fact that in reality they should have six more parking spaces, however, could not be penalized for that as the basic plan that they came in with has not been changed. It was determined that their decision to go to condominium was made in June. David M. Van Atta, attorney representing the general contractor, stated the act of changing from apartments to condominium involves no physical or structural change in the building, only a change in type of ownership. Under the law when there are condominium ordinances in a city, these could be applied. Since Burlingame has no such ordinances, changing ownership to condominium does not change the burdens. Chairman Kindig advised that this item had been continued and will be on the agenda for public hearing March 25. 9. RESUBDIVISION MAP FOR THE BURLINGAME. 10. RECLASSIFICATION OF LOTS 2B, 3A AND 3B, BLOCK 3, TOWN OF BURLINGAME, AT 25, 29 AND 33 PARK ROAD RESPECTIVELY, FROM C-1 TO R-3 BY CYRUS J. MC MILLAN AND HUGH F. CONNOLLY. 11. REVIEW OF EIR-27P FOR A PROPOSED DEVELOPMENT OF 23 LUXURY CONDOMINIUM APARTMENT UNITS BY HART KRIVATSY STUBEE FOR BADGER NATIONAL. 12. PERMIT FOR UNDERGROUND GARAGE FOR THE PROJECT BY BADGER NATIONAL. City Planner Swan advised that the next four items on the agenda are all related to one project. Staff had recommended to the applicant that he consolidate the five lots into one parcel totally within the R-3 district. Other items can be kept in abeyance pending this -5 - reclassification. The reclassification would create a new boundary line so that the project could be constructed as though it were on one parcel. It would also remove three lots from Fire Zone 1 and put them in Fire Zone 3. No review of a structure that satisfies R-3 district regulations is required. If an underground garage extends into the front setback and side yards, it must be reviewed by the Commission. Commissioner Jacobs felt that the condominiums are giving the area a lot of bulk and hoped that Burlingame wouldn't become wall to wall condominiums. Chairman Kindig commented that if something like this isn't approved, then each of the lots will have a structure and the end result would be five different buildings instead of just this one. City Planner Swan said the general plan for this area isn't too detailed but this medium density residential project is consistent with the General Plan. Charles Eley, former planning intern in Burlingame's Planning Department, was recognized as the author of the EIR for this project and Sidney V. Badger of Badger National appeared before the Commission to discuss the site plan. There was discussion regarding the entry on El Camino, the redwood tree located on the property, circulation in the parking area, the under- ground garage, the building roof and the front elevation. Mr. Badger told the Commission he was quite amenable to all suggestions made by the Commission. City Planner Swan said, based upon the EIR, he would bring a draft resolution to the hearing. The project was set for hearing at the March 25 meeting, and Chairman Kindig stated that the Commission would need landscaping plans for the underground garage at that time. 13. RECLASSIFICATION FOR PROPERTY AT 1025 AND 1029 CAPUCHINO AVENUE FOR DAN FRANKO. Dan Franko was present and appeared before the Commission. The City Planner reminded the Commission that there had been a previous proposal 1-1/2 years ago to reclassify the whole area, six petitioners were involved at that time and the application had been denied by a vote of 5-2. The previous application had been appealed to City Council and denied. Discussion ensued as to the size of the lots, the fact that the property was purchased about 2-1/2 years ago, condition of buildings, and the other apartment houses in the surrounding area. The Commission believed this would be spot zoning, and that the time was not right for review of reclassification of the entire area. The possibility of coming in with a variance application was mentioned and whether or not an EIR would be required. City Attorney Karmel advised Mr. Franko can file an application as he is entitled to a hearing. 14. VARIANCE TO USE BUILDING AT 119 PRIMROSE ROAD, ZONED R-3, FOR OFFICE BY HAROLD MARTIN. Neil Strain, realtor, appeared for the applicant. The City Planner advised the Fire Chief is opposed to this application because when wood frame structures in Fire Zone 1 are used for office buildings they create S. penalty points for the City of Burlingame. It is legally possible to use that structure for a residence. The applicant advised the building would be 100 percent sprinklered and he would be willing to put in parking. He also pointed out that keeping the use as is will constitute a fire hazard much more than the proposed use. City Planner Swan advised an Environmental Assessment form had been submitted but that he had not yet made an evaluation. He planned to discuss this further with the Fire Chief before determining whether a Negative Declaration or an EIR would be required. 15. ENFORCEMENT - INCOME PROPERTY AT REAR OF 1527 VANCOUVER AVENUE. City Planner Swan reported on the use of the above R-1 property; there is a separate living unit behind the single garage. There was a consensus that the time to stop a nonconforming use is when the property is for sale. This property is now for sale. City Attorney Karmel advised steps to be taken should start with an inspection by the Building, Fire and Zoning (Planning) Departments to obtain evidence for the Planning Commission to go to City Council with the matter. After it is found to be an illegal use, a complaint can be filed and notice published. The City Attorney said he can only file a complaint on a zoning code violation for (1) multiple occupancy and (2) illegal multiple occupancy. It was felt that time is of the essence in this matter and it should be on the agenda on March 25. The City Attorney said he did not see why the City Planner, on the basis of evidence for complaint, could not go to Council immediately, as once the property is sold you have lost all leverage. 16. PETITION FOR FENCE WHICH EXCEEDS 6 FT. IN HEIGHT AT THE AVENUE ARCADE BY JONATHAN B. HOROWITZ. Jonathan B. Horowitz was present. It was determined: the fence is on Burlingame Avenue shielding a lower level plaza which is roughly a nine ft. drop; with a fence that is too low, there would be approximately a 12 ft. drop if someone should climb and fall; there is an existing concrete wall below the sidewalk level. Mr. Horowitz told the Commission that the proposed fence is planned to blend aesthetically with the present environment on Burlingame Avenue. Chairman Kindig set this application for hearing March 25. 17. SIGN PERMIT FOR BANK OF AMERICA AT 400 EL CAMINO REAL. Mr. Perazzo of Continental Service Co. appeared for the sign company. Comparison drawings were presented showing the fact that the Bank of America sign is much larger than the savings and loan sign just down the street. The applicant advised that the proposed sign is the smallest of the state-wide Bank of America signs available, and that they were attempting to get the readable portion of the sign above the height of a car. It was the Commission's feeling that a sign as large as this was not necessary for the Bank of America. -7 - Commissioners objected to the width and the height of the proposed sign and after further discussion requested the applicant bring in a sign 5'x 7' or 35 SF with a 1'6" base. Mr. Perazzo said he would advise the City Planner of their decision in the morning. 18. SIGN PERMIT FOR GULLIVER'S RESTAURANT AT 1699 BAYSHORE HIGHWAY. A letter from Al Levie, Secretary -Treasurer of Gulliver's, was reported by staff. He had hoped it would not be necessary to attend the study meeting but planned to be present at the public hearing March 25. Photographs were distributed. The sign is black, gold, beige, brown and does not have interior illumination. City Planner Swan reported that he had seen the Gulliver's sign in Southern California. Mr. Swan requested that the Commission also put the landscaping plan on the agenda for March 25. This has been reviewed by Park Director Hoffman and approved. The Commission agreed to this request, and the application was set for hearing March 25. 19. SIGN VARIANCE FOR BOMAR INVESTMENT: 45 SF GROUND SIGN FOR OFFICE BUILDING AT 1575 BAYSHORE HIGHWAY. The proposed sign requires a variance because it is a wood ground sign located within the 15 ft. setback. This sign includes space for a directory listing of the building occupants. It was determined that the sign is about 6 ft. back from the sidewalk, that all front setback area is in lawn or ivy, and that floodlights might be put on the sign eventually. Staff commented that a pole sign is permitted here, but a ground sign is not. Further discussion indicated that the building would have five tenants and that it is 80% occupied at the present time. Chairman Kindig set this application for hearing on March 25. 20. SIGN VARIANCE FOR AMANA REFRIGERATION FOR PROJECT ON ADRIAN ROAD. The City Planner reported that he had -received nothing further from the applicant. OTHER City Planner Swan presented a letter from John L. Du Guid, 445 Chatham Road, petitioning for a 7 ft. fence. -His letter stated that his neighbors on both sides also have 7 ft. fences which had been approved by the Commission. After reading this petition Chairman Kindig set it for hearing on March 25. Staff also: (1) Reported on a letter from Dick Bullis stating Empire Permit Systems did not represent Dick Bullis Chevrolet; (2) Advised City had received a copy of the lease between Southern Pacific Land Company and Don Anderson Agency, and it will be added to the file for that previous application; (3) Distributed the completed Planning Commissioners Annual Report for 1973. Staff pointed out to the Commission at this time the log of actions by the City Council which had required Planning Department help during 1973. ZM Commissioner Sine asked if there was any possibility of the City Planner doing research on setting up legislation to eliminate roof top signs and on an amortization plan. Chairman Kindig indicated he would like to see a proposal brought to the Commission. Commissioner Taylor brought up the subject of getting the City Planner additional staff, stating he would like the Commission to recommend to the City Council that they put in their budget one more position for the Planning Department. The City Planner advised that this subject had been discussed with the City Manager and may be funded using money budgeted for the General Plan. He added that this matter is going to the Council study meeting on Wednesday, March 13. There was further discussion as to how the Planning Commission could best help this situation, and the staffing of other cities was compared to Burlingame's one planner. Commissioner Sine commented that he would like to have the City Planner check on zoning for condominiums and apartments, perhaps set up special zones for condominiums only. Also, he would like a study on zoning for retirement living units. It was pointed out that this could possibly involve an overlay district. ADJOURNMENT The meeting adjourned at 11:25 P.M. Respectfully submitted, Thomas W. Sine Secretary