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HomeMy WebLinkAboutMin - PC - 1976.09.13THE CITY OF BURLINGAME PLANNING COMMISSION September 13, 1976 COMMISSIONERS PRESENT COMMISSIONERS ABSENT OTHERS PRESENT Cistulli None City Planner Swan Francard Asst. City Planner Yost Jacobs City Attorney Coleman Kindig City Engineer Kirkup Mink Sine Taylor CALL TO ORDER A regular meeting of the Burlingame Planning Commission was called to order by Chm. Taylor at 7:33 P.M. ROLL CALL The above named members were present. MINUTES C. Mink requested a change on page 6, last full paragraph, fourth sentence: delete the word "bad" and change the sentence to read, "The Commissioner thought detached living quarters on the property line were inconsistent with General Plan elements on housing and open space." The minutes of the August 23, 1976 meeting were then approved as mailed and corrected. ITEMS FOR ACTION 1(A). RESOLUTION NO. 3-76 RECOMMENDING PROPOSED FORMULA FOR DETERMINING THE CONTRIBUTION TO PROVIDE OFF-STREET PARKING. C. P. Swan commented that this draft resolution had been prepared as directed by the Commission. He restated the basic formula and pointed out the revision in the August 5, 1976 memo (Exhibit B) to base the project contribution upon the net number of parking spaces deficient. This Exhibit B is actually a summarization of background work done by the Joint Committee. Exhibit C was added to show the supportive position of the Traffic, Safety & Parking Commission. He discussed Exhibit A, Findings, and commented that the proposed formula would be applicable to Parking District projects which exceed the prescribed review lines, that is, a building or use which has a gross floor area of more than 15,000 SF or which covers more than 75% of the total lot area. Any project below these review lines does not require parking and is exempt. The C.P. suggested that if the intention of the Commission is expressed in this resolution it can be a recommendation to Council in response to their request for a report back. Burlingame Planning Commission Minutes Page 2 September 13, 1976 Discussion between Commission, City Attorney and staff followed. C. Jacobs questioned the need for review when there -is a change in use in an existing downtown building. C. P. Swan assured her a major development would present an opportunity for the staff to review plans and building modifications. The telephone company building was mentioned, but it was pointed out that any addition to this site would require a special permit, and thus would be before Commission for review. It was noted that under item 6 of the Findings the current cost per parking space would be adjusted annually. C.A. Coleman advised that Resolution No. 3-76 is a policy statement; if Council adopts it by resolution, it would take a resolution to change it. C. Jacobs expressed concern regarding the formula of 2/3 as compared with the previous Parking District formula. Chm. Taylor believed this 2/3 share, as suggested in the sub -committee by C. Sine, was fair. C. Sine did not feel it was a deterrent to growth. He noted that in a shopping center at the present: time a project is required to pay the cost of a parking space, which is substantially above what a business would be paying in Burlingame based on this 2/3 formula. Chm. Taylor discussed development, comparing downtown with the C-4 District; an applicant in C-4 would not be allowed to come in without adequate parking. In the downtown area Commission cannot require parking spaces since they aren't there, and therefore a project is required to pay for it (still a better bargain berause'of the 2/3 formula). C. Sine considered 2/3 a fair assessment and pointed out if it isn't found to be fair in the future it can be revised. C. Mink moved adoption of Resolution No. 3-76; second C. Cistulli and approved on the following roll call vote: AYES: COMMISSIONERS: CISTULLI, FRANCARD, KINDIG, MINK, SINE, TAYLOR NAPES: COMMISSIONERS: JACOBS ABSENT: COMMISSIONERS: NONE The Chm. announced this resolution would be transmitted to Council in the usual fashion. Assurance was given that although C. Jacobs voted for this formula at the sub -committee meeting she could vote as she pleased tonight. 1(B). (ITEM #9 ON THE AGENDA). PROGRESS REPORT: FINAL MAP, BEING A RESUBDIVISION OF PORTION OF LANDS OF KATHLEEN DORE AT MARSTEN AND ROLLINS ROAD (APN 026-134-100), ZONED M-1; TENTATIVE MAP APPROVED BY THE PLANNING COMMISSION SEPTEMBER 8, 1975. Chm. Taylor requested and received Commission approval to move Item #9 on the agenda to Item #1(B) for action. The tentative map for this property had been approved by Commission September 8, 1975. Commission had received copy of a letter from Don Yarbrough of the Bank of America requesting the final map. C. Sine moved Commission grant a map as requested by the applicant's letter dated and all aye by voice vote. ITEMS FOR STUDY an extension of time for filing of six months' extension of the final September 8, 1976. Second C. Jacobs 2. TENTATIVE PARCEL MAP, BEING A RESUBDIVISION OF LOTS 2 AND 3, BLOCK 4, BURLINGAME PARK NO. 2 (APN 028-291-010) AT 1500 HOWARD AVENUE, ZONED R-1 (LOT 3) and R-3 (LOT 2), BY WILLIAM WRIGHT FOR SOL AND HOPE GITTELSOHN. C.P. Swan explained that one residential building is located on portions of two different lots which are zoned R-1 and R-3. It was his recommendation that the Page 3 Burlingame Planning Commission Minutes September 13, 1976 parcel map and reclassification application be scheduled for hearing September 27. C. E. Kirkup confirmed the parcel map was ready to be heard on September 27. Discussion ensued regarding -the necessity of a reclassification application in addition to the resubdivision. C. A. Coleman told Commission by adoption of the parcel map the resultant zoning would be R-3 in accordance with Ordinance Code regulations. He felt that an additional rezoning action by the Commission would be the best process; a formal reclassification in the record was considered advisable. The C. E. was requested to report on the adequacy of existing utilities, and Chm. Taylor set both the parcel map and the reclassification application for hearing September 27. 3. SPECIAL PERMIT TO USE AN EXISTING ACCESSORY BUILDING AS A LIBRARY/RECREATION ROOM/GUEST QUARTERS AT.1521 CABRILLO AVENUE (APN 025-224-150), ZONED R-1, BY GEORGE DERUGIN. Asst. C. P. Yost reviewed this application and detailed the history of the main house located closest to the street and the second dwelling unit constructed without a building permit on the other side of Mills Creek. He stated the present owner wishes to use the second dwelling, a three room, two story cabin, as a study/library, rumpus/recreation building and as a guest house when needed; and that the application is technically complete and could be set for hearing. Discussion brought out the present cabin may be used as a storage building if it fully meets building code requirements. The special permit could be granted to Mr. George Derugin but the C.A. felt such action might be inadvisable. He stated any Commission action on this application should be followed by a resolution to be recorded. A detailed plot plan was requested, particularly to indicate how far the cabin is from the property line. C_hm. Taylor set this application for hearing September 27. 4. SPECIAL PERMIT TO USE A PORTION OF THE PROPERTY AT 2828 TROUSDALE DRIVE (APN 025-011-230), ZONED R-1, FOR CHURCH PURPOSES BY THE CONGREGATION OF JEHOVAH'S WITNESSES (BUYER); CHRIST EVANGELICAL LUTHERAN CHURCH (SELLER). Asst. C. P. Yost reviewed the history of Lots 21, 22, 23, 24, 25 and 26 located on Trousdale Drive. Christ Lutheran Church received a permit in May, 1958 for a church and parking area covering Lots 21-24, with Lots 25 and 26 to be kept in reserve. A building permit for the new church was issued in September., 1960 but, as constructed, the parking lot was considerably smaller than shown on the plans submitted. Subsequently Lots 21 and 22 were sold and single family homes built on them. He noted two conditions of the present purchase contract: (1) that a permit be obtained from the City of Burlingame for church purposes, and (2) that Lots 25, 26 and a 10 ft. wide portion of Lot 24 be resubdivided into three R-1 lots. A parcel map would be required to establish the new property lines. This resubdivision will be back before Commission for review, but the immediate question concerns whether Lots 23 and the remainder of 24 will be adequate for the intensity of use proposed. As of this evening staff had received no site plan of the present church nor its parking plans. The Asst. C. P. noted C. P.'s negative declaration stating no environmental impact report is required, but his reasons for a conclusion included the statement that church use should be conditional upon there being adequate off-street parking. Mr. Yost suggested that if parking does not meet requirements, either a variance will be required or additional terracing may be necessary to park more cars up the hill at the back of the site. Page 4 Burlingame Planning Commission Minutes September 13, 1976 Grant Ellis, Presiding Overseer of the Burlingame Congregation of Jehovah's Witnesses, addressed Commission stating the applicants' understanding there may be a parking problem and that they were prepared to do whatever might be necessary to bring this up to code. Chm. Taylor told the applicant plans would be required for the proposed use and how Lots 24, 25 and 26 will be used. During discussion it was determined that two congregations would be using the church, thus the additional evening meetings; the minimum lot size in this area is 7,000 SF; parking requirements are determined by the structure, not size of the congregation. Asst. C. P. Yost noted that in creating an additional lot this would come under the Alquist-Priolo Geologic Hazard Zones Act. The City must receive a geologist's report and file it with the State Geologist. C. Mink commented that the hearing for a special permit for use as a church will incorporate all of the requirements, including parking, and access and egress from the lot. C. A. Coleman said that for purposes of the special permit the subdivision was not necessary. In further discussion the applicant assured C. P. Swan they would do their best to present a site plan and proposed parking layout to staff by Wednesday, September 15, 5:00 P.M. latest. 5. VARIANCES) FOR PROPOSED SECOND DWELLING UNIT AT 958 CHULA VISTA AVENUE (APN 026-201-140), ZONED R-3, BY TOM MC LAUGHLIN. Asst. C. P. Yost explained this application, noting the property had a two story four bedroom house and at the back of the lot a garage 17' wide by 36' deep. A room over the garage has been used at various times in the past as a recreation room and as a studio apartment. The property is zoned R-3. There is a 3 -unit apartment house next door at 952 Chula Vista and the Volker Company's parking lot is located just to the east. This present application requires three variances. He noted the application is technically complete and could be set for hearing. Discussion ensued between Commission, staff and the applicant. Mr. McLaughlin said he was occupying and remodeling the main house which had been damaged by fire in 1974. The McLaughlins own the adjacent 14 ft. wide lot that is encumbered by an easement and two box culverts. It was suggested that approval be conditioned upon filing of a parcel map to erase the lot line between the 14 ft. wide lot and the 958 Chula Vista property. The applicant was cautioned concerning the need for demonstrating to Commission the conditions for approval of a variance, that the variance is needed for continued enjoyment of his property. Speaking to the alleged historic value, Mr. McLaughlin told Commission the main building had been built in 1905 and was claimed to be one of the first houses in Burlingame. Discussion continued with regard to the 14 ft. easement. The City does have an access easement, but no information on the strength of the culvert. C. Sine commented it had been• checked once and there seemed no problem for normal usage, but an 8-10 ton truck might cause problems. The C.P. directed Commission attention to the rear elevation, and the possibility of conditioning approval with some landscaping requirements was mentioned. Chm. Taylor set this application for hearing September 27. A recess was declared at 8:40 P.M. after which the meeting reconvened. Page 5 Burlingame Planning Commission Minutes September 13, 1976 6. GUIDELINES FOR GARAGES AND COVERED PARKING SPACES (CONTINUED FROM AUGUST 9, 1976) C. P. Swan briefed the Planning Commission on regulations for the size of garages in single family dwellings, duplexes and apartments. He described the functional need for adequate width to park and open car doors. Parking spaces next to solid walls and the location and size of columns affect width of parking space. He noted the minimum for single family dwellings is 10'0" x 20' in contrast to a duplex or apartment requiring a minimum width of 9'0". Sewing room or family room additions to single family dwellings are permitted irrespective of existing garage width; whereas the addition of a third bedroom requires two covered parking spaces. Considerable discussion ensued regarding garages having less than 18' of inside clear width. Ralph Button (building designer) recommended the minimum clear inside width be 18'0". He felt Ray Park houses should be permitted to enlarge garages and reduce side setbacks to 3 feet. Mr. Button stated many proposed improvements die if a variance is needed. C. P. Swan suggested Commission be cautious about perpetuating a growth inhibiting regulation. C. Sine asserted that many people don't even use their garages; there are many cars on the street. C. Mink suggested a petition or letter requesting an exception be considered for additions to houses with narrow garages where an exception is a less stringent regulation than a variance. The Commission maintains its desire to review remodeling requests when bedrooms are added to houses having narrow garages. Future consideration is to be based upon information justifying specific dimensions. No code amendment, administrative policy, guideline or change is proposed. 7. REGULATIONS FOR ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS (CONTINUED FROM JUNE 14, 1976) The April 12 staff report to the P.C. highlighted four general problems or concerns with accessory buildings. Construction and use regulations were proposed. The review line concept incorporated in the proposed sign ordinance is suggested. Commission review would be required for projects that exceed the review line. The majority of the Commission did not believe that new regulations for accessory buildings deserved priority. Commission members were reluctant to spend time unless Council support could be obtained. It was decided that the Chairman would transmit the staff report on accessory buildings in residential districts to the Council for consideration. The purpose would be to gain feedback from Council and to find out if this is the way they want it done. 8. PETITION ALLEGING VIOLATION OF CODE REQUIREMENTS FOR A HOME OCCUPATION BUSINESS LICENSE ISSUED TO D. C. MILEY, JR. TRUCKING AND EXCAVATING, 2531 POPPY DRIVE (APN 027-172-290), PROPERTY ZONED R-1. Asst. C. P. Yost outlined the chronology of events that had taken place concerning the D. C. Miley, Jr. home occupation business at 2531 Poppy Drive. Three of the residents who had signed a petition alleging violation of code requirements were present. The alleged misuse of the residential property and zoning code requirements for a home occupation were aired. C. A. Coleman indicated that an official warning would be sent to the D. C. Miley, Jr. Trucking and Excavating business. He indicated that hard facts and complete information will be essential for effective enforcement and,`if necessary, to gain an injunction from the Court. The, revocation of a business license would likely require a public hearing. This, progress report is to inform the Commission about the problem and the process of information gathering. Burlingame Planning Commission Minutes Page 6 September 13, 1976 C. Mink expressed three main concerns which are prerequisite conditions to obtain a home occupation business license: circumstances of the d anestic employee, no change in residential character, no additional traffic and parking.. 10. PROGRESS REPORT: SPECIAL PERMIT FOR R&R AUTO REPAIR SERVICE AT 1244 ROLLINS ROAD (PORTION OF APN 026=134-100); APPROVED SEPTEMBER 8. 1975 FOR ONE YEAR. It was reported that the special permit for R&R Auto Repair Service at 1244 Rollins Road would expire September 16. The Commission will expect the staff to abate the use when it is no longer permitted. 11. OTHER C. P. Swan reported on recent City Council actions: adopted the reclassification to establish an overlay district; sustained the Planning Commission and approved the Flodin special permit; approved HCDA funds for loans for conservation and rehabilitation of single family dwellings; and supported a resolution of intent to explore creating a convention center/hotel addition/golf course project adjoining Bayside Park. The C. P. also reported that funds are available to finance attendance of one Planning Commissioner at the League of California Cities Conference in San Diego in October. ADJOURNMENT The meeting adjourned at 10:25 P.M. Respectfully submitted, Thomas W. Sine Secretary EXPANDED MINUTES FOR ITEMS 6 AND 7 - BURLINGAME PLANNING COMMISSION MEETING SEPTEMBER 13, 1976 (Revised 10/13/76) 6. GUIDELINES FOR GARAGES AND COVERED PARKING SPACES (CONTINUED FROM AUGUST 9, 1976). C. P. Swan briefed the Planning Commission on regulations for the size of garages in single family dwellings, duplexes and apartments. He described the functional need for adequate width to park and open car doors. Parking spaces next to solid walls and the location and size of columns affect width of parking space. He noted the minimum for single family dwellings is 10'0" x 20' in contrast to a duplex or apartment requiring a minimum width of 9'0". Sewing room or family room additions to single family dwellings are permitted irrespective of existing garage width; whereas the addition of a third bedroom requires two covered parking spaces,. Staff preliminary draft guidelines had suggested the following for alterations to existing houses with narrow garages: less than 20' but more than 18' - plans to be approved by the City Planner; less than 18' - a petition (or exception) to be approved by Planning Commission; and less than 16'8" - a variance to be approved by Planning Commission. Considerable discussion ensued regarding garages having less than 20 feet of inside clear width and the handling of remodeling requests for additional bedrooms in such instances. Chm. Taylor thought the code should be used as a guideline and not as an absolute requirement; C. Cistulli concurred. C. Jacobs commented that if an apartment requires a 9 foot wide parking space, an 18 foot garage for a house seemed reasonable. She also felt there was a loophole in the code in that it permits the addition of a sewing room (which could easily be used for a bedroom) regardless of existing garage width. Chm. Taylor pointed out that Commission must deal with a 20 foot requirement in the present code, and thought a variance application should be presented when a garage is 18 feet in width. C. Cistulli noted a new dwelling must meet code requirements, but in remodeling an existing structure he felt Commission had been too strict and that each case should be heard on its own merits. C. Cistulli and Chm. Taylor did not think the preliminary guidelines should be adopted. C: Kindig was not so sure Commission would want to change the zoning ordinance so that some cases could be handled administratively. The C. P. said the guidelines were drafted for Commission review so that staff would know when to require an application for a variance. C. Cistulli stated he did not think there should be any guidelines and each application should be considered on its own merits. He felt it would be discouraging improvement of existing properties in Burlingame. Chm. Taylor reiterated he felt Commission should retain the present code and examine each application on its own merit. C. Jacobs expressed her concern that she was not able to make as clear findings as she would like to make when dealing with the four requirements for a variance. C. Sine questioned going to the trouble to obtain two car garages when many people are not using their garages for night parking anyway, and nothing is being done to enforce it. C. Jacobs suggested retaining the existing code for applications for new houses and considering 18 feet as a review line for enlargement to existing houses, letting staff work administratively from 18 to 20 feet. C. A. Coleman cautioned there is a code section which specifies when enlarging or remodeling existing single family dwellings by the addition of one or more bedrooms there shall be at least two garage or carport spaces of legal dimensions. A code amendment would be needed to reduce this to 18 feet. C. Kindig did not think a change to 18 feet would help much as most of the garages in Ray Park have less than 17 feet clear width. Ralph Button (building designer.) recommended He felt Ray Park houses should be permitted to 3 feet. Mr. Button stated many proposed C. P. Swan suggested Commission be cautious regulation. -1- the minimum clear inside width be 1810". to enlarge garages and reduce side setbacks improvements die if a variance is needed. about perpetuating a growth inhibiting C. Mink believed that Commission should determine a reasonable width so that a new figure could be arrived at or Commission could decide to keep -the present one. He suggested measuring some cars with their doors open to develop a rationale for a change in the code. He did not want to shelve this matter, but also did not want to move too quickly toward 18 feet without a basis for making a change. Chm. Taylor again stated his feeling that following the legal requirement of the code is the only guideline Commission could sanction. C. Mink liked the suggestion of an exception based upon a review line, or a less stringent application than a variance, noting the following example: if the inside clear width were more than 16'8" and less than 20', it would be a garage exception; if it were less than 16'8", it would be a variance. He commented that reconstruction might require a lower standard than new construction. C. Sine advised he has never parked his car in his garag?i rather than enlarge his present garage, he has left his car in the driveway all the time )C. Mink remarked it would certainly be better to stay completely away from any guidelines if they could not be administered fairly. The Commission appeared to maintain its desire to review remodeling requests when bedrooms are added to houses having narrow garages. Future consideration might be based upon further information justifying specific dimensions. No code amendment, administrative policy, guideline or change was proposed by Commission consensus at this time. (*) He commented it was questionable to penalize a property owner and require garages when there is no enforcement of the overnight parking code. (Rev. 10/13/76) 7. REGULATIONS FOR ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS (CONTINUED FROM JUNE 14, 1976). C. P. Swan noted that many of these accessory buildings do not come to the Planning Dept. directly, but are brought to staff's attention after the fact. This might be a result of a report from the Building or Fire Departments, a neighbor's report, or an associated development in connection with another application. Staff is then obliged to undertake enforcement a long time after the structure has been there. Mr. Swan suggested a subcommittee of the Commission work with staff to bring a recommendation back to the Commission as a whole. C. Kindig noted that one of the P.C.'s original concerns had been height, something that is now regulated by code. C. Jacobs said she would like to serve on a subcommittee; she felt something should be done now or the matter of accessory buildings should be dropped. Commissioners Kindig and Jacobs commented that Commission did have specific direction from Council for study of this matter; staff had completed its work, and it was now up to the Commission to take the next step. C. Mink thought the report was an excellent assessment by staff, and that the matter of regulations for accessory buildings would implement some parts of the Commission's general plan study. The Commissioner cited an example: site lines and solid walls close to property lines are contradictory to the ideas contained in the Open Space Element of the General Plan. It was C. Mink's belief that the Commission should be a planning commission, not a reacting commission; the staff memo is more than just a beginning, with valuable ideas and information. Chm. Taylor thought Commission could take this staff report and formulate a resolution. C. Sine remarked he had stated his feeling many times before. Commissioners Mink, Sine and Francard were reluctant to spend a lot of time on accessory buildings if the matter were merely tabled. Chm. Taylor stated what he thought Commission consensus was; the matter did not have a very high priority, or require further action. It was decided that the Chairman would write a letter to the City Council and transmit the staff report on accessory buildings. It could inform Council that this matter had been discussed by Commission several times, that it generally expressed the area of study that might be pursued, but the Commission wanted to check if this is the way Council would want it done. The Chairman would ask whether Council wished Commission to proceed or did they wish to give redirection. -2-