HomeMy WebLinkAboutMin - PC - 1976.04.26THE CITY OF BURLINGAME PLANNING COMMISSION
April 26, 1976
COMMISSIONERS PRESENT COMMISSIONERS ABSENT OTHERS PRESENT
Francard None City Planner Swan
Jacobs Asst. City Planner Yost
Kindig City Engineer Davidson
Mink City Attorney Coleman
Sine
Taylor
ROLL CA T.T.
The above named members were present. Chairman Sine thanked
Commissioners and staff for their concern, cards, and visits during
his recent hospital visit. He congratulated Commission Clerk
Bernice Geralds on her birthday. The Chairman then requested
confirmation from the City Attorney that his absence at the previous
meEting did not negate his vote at this one. City Attorney Coleman
gave the opinion that the evidence taken at the study meeting did not
have any bearingon his voting privileges. The evidence presented
at tonight's meeting is for voting.
CALL TO ORDER
A regular meeting of the Burlingame Planning Commission was called
to order by Chairman Sine on the above date at 7:40 P. M.
MINTTTFS
The minutes of April 12, 1976 were approved as written with the
following correction:
Page 4, second paragraph - City Planner Swan requested his remark
concerning zoning on Rollins Road be changed to: "The frontage on
Rollins Road could be considered for C-2. . ." Commissioner Kindig
requested that in the future some separation be shown in the minutes
between study items and action items.
MEETING ITEMS FOR ACTION
1. RECOMMENDED NEW SIGN ORDINANCE, TITLE 22
Assistant City Planner Yost reviewed the progress of the sign code
since its inception in 1956. The only major change in recent years
has been the passage of Ordinance 979 establishing a review line
of 32 SF for all signs. He noted the preparation in 1973 of a draft
code by Planning Intern Charles Eley, which draft was tabled after
study by Council committee.
He pointed out that review of signs has been a time-consuming process,
and after considerable study and discussion by the Commission, a
consensus was reached that a new sign code was needed. First draft
of the code was submitted in December, 1975 with revisions on
January 6 and March 31, 1976. Copies of present draft have been
made available to the Chamber of Commerce, San Mateo Board of
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Realtors, sign company representatives and the public.
The Assistant City Planner reviewed the format of the draft code which
is divided into three parts - general regulations, regulations
by zoning districts, and regulations by sign type.
Chairman Sine requested audience comment.
Mr. Alex Smith, San Mateo Board of Realtors responded. He voiced
appreciation of the Board for the opportunity to contribute input
and the Board's approval of the code with the exception of Section
22.34.070, exempt real estate signs.. Mr. Smith stated that the Board
felt that the 9 SF figure should be increased to 16 SF since most
commercial signs are on large lots and large buildings and more
than 9 SF is needed for readability. He considered the average
industrial commercial sign is 16 SF. Addressing fees and time permitted
for signs in Chapter 22.52, he pointed out that if a permit is given
for a 10 SF sign, a $25.00 fee would be charged and the sign could
stay up for only 4 months. Most commercial signs stay up for a
long period of time, which would mean renewal of permit time and
additional fees. For example, a 10 SF sign for a one-year period
would cost $75.00. He suggested that 16 SF signs be allowed for this
type of property, with $5.00 fee for four months and $5.00 for
renewal.
Mr. Richard Lavenstein, realtor, seconded Mr. Smith's comments and
also suggested that provision be made with respect to commercial and
industrial properties for a "tract sign" of a permanent nature,
advertising the sale or lease of several properties at various
locations. He noted that some properties may have as many as 5-6
signs on them; one sign per property was adequate. He also suggested
that no sign permit be issued without the approval of the property
owner. He referred Commissioners to his communication of April 9,
1976 with suggestions for inclusion of real estate tract or development
signs in the new sign ordinance.
There were no further comments and the public hearing was declared
closed.
Commissioner Jacobs requested confirmation that code section on
political signs had been revised. Assist. City Planner Yost stated
that it is now, "22.46.010 GENERAL REQUIREMENTS In all zoning
districts politcal and campaign signs shall be limited to window
signs, which may only be displayed during periods of campaign
activity."
Commissioner Jacobs questioned the inclusion of fin signs in the
roof sign designation. The Assistant City Planner stated that
projecting signs are classified as roof signs.
Commissioner Mink stated he would be more receptive to industrial
real estate sign limit of 16 SF if real estate companies would
police them. Commissioner Francard questioned if spotlights could
be included in "Sky Signs" regulations. 'The Assistant City
Planner indicated this would be possible. Commissioner Kindig did not
object to the 16 SF for real estate signs but was concerned about
their control. He felt there should be more opportunity to consider
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Mr. Lavenstein's proposal for ieal estate development signs. Commissioner
Taylor also had no objection to the 16 SF limit, but did object to
reducing the fees, since he felt the taxpayer should not be required
to assume the burden of policing the signs. Chairman Sine had no
objection to the 16 SF and suggested that it would actually be to the
best interest of the real estate companies to do their own policing.
There followed discussion on political signs, but with no change in
this revised section. City Attorney Coleman suggested that section
on Sky Signs be limited to such signs as are on an object or vehicle
secured or located within the City of Burlingame. There followed
considerable Commission discussion on the proposal of 16 SF for
commercial real estate signs. The major criticism was the difficulty
of control, and the statement was made that unless there was some
method of control the proposal by Mr. Smith doe*hot comply with
the objectives of the sign code. Chairman Sine inferred that the
feeling of the Commission was to go with the sign ordinance as it is,
with the exception of sky signs which should be amended to incorporate
the City Attorney's suggestion.
There followed discussion pro and con of Mr. Lavenstein's proposal
on real estate development signs. Chairman Sine suggested that the
present draft be considered only, with additional detail such as
this to be handled by amendment, since so much time has already been
spent on this ordinance. Commissioner Taylor agreed, stating for the
record that no EIR is required in this type of ministerial action;
no negative declaration is required; public notice has been published;
and input has been received from concerned individuals and groups.
He moved the Planning Commission recommend to the City Council the
adoption of this revised sign ordinance. Commissioner Mink seconded
the motion and it carried on unanimous roll call vote, with Commissioner
Jacobs qualifying her "Aye" vote with the statement she was concerned
about the following:
1. Section 22.04.290, Page 8 - fin sign classified under roof sign.
2. Section 22.06.020, Page 11 - Who is going to enforce? How
comprehensive will enforcement be?
3. Page 26 - Window signs.
4. There should still be consideration of real estate tract or
development signs.
Chairman Sine thanked staff and Commissioners for long hours spent
in consideration of this code. Commissioner Kindig added he considered
that Mr. Lavenstein's proposal be studied with a possibility of
amending the code.
RESOLUTION
At this point, Chairman Sine read resolution prepared by Commissioner
Taylor commending City Engineer Davidson for his service to the City.
Commissioner Taylor moved this resolution be adopted; Commissioner
Kindig seconded the motion, and it carried by voice vote.
Chairman Sine voiced his personal thanks to City Engineer Davidson
for the opportunity and pleasure of working with him, and stated
the good wishes of Commission and staff go with him in his new
position.
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2. TENTATIVE PARCEL MAP, BEING A RESUBDIVISION OF LOT 6, EDWARDS
INDUSTRIAL PARK (RSM VOL. 58/43) AT 1410 ROLLINS ROAD,
ZONED M-1, BY EDWARD W. BACA FOR ROBERT HAMMETT OF HAMMETT &
EDISON REAL ESTATE (PROPERTY OWNER).
After Chairman Sine introduced this application for hearing, City
Planner Swan reviewed this tentative map application. He referred
Commissioners to location diagram for the proposed parcels, noting
they were at the end of Marsten Road and across the drainage
channel. Access to Parcel 2 must be by bridge from Marsten Road
across the channel. He stated that Agreement had been entered
into by the City and Hammett and Edison for construction of this
private bridge on March 1, 1976. He read key paragraphs of this
Agreement: No. 1 which relates to the conditions of approval, and
No. 9, relating to the maintenance of the bridge.
The City Planner stated that staff had reviewed the application and
had written to Mr. Hammett expressing concerns relative to Public
Works. These concerns should be satisfied before the final map is
approved. He referred review of these points to City Engineer
Davidson.
City Engineer Davidson suggested the following conditions:
Show an existing drainage maintenance easement along the SE
property line of Parcels 1 and 2. Bridge and street improvements
to be submitted to the City Engineer and be bonded before the
final map is approved. Correct a drainage problem on the NE
boundary of Parcel 2. Should be controlled by catch basin.
The City Engineer commented that it will be rather difficult to
sewer this property, noting the option of sewering the property
underneath the drainage channel on Marsten Road. He noted this is
technically difficult and might be quite expensive.
Mr. Robert Hammett, 1408 Alvarado, announced his availability for
Commission questions, and commented he foresaw no problem in meeting
the City Engineer's conditions. The City Engineer added that a concern
would be the necessary raising of the grade of Marsten Road in order
to construct the bridge. This could create an access problem to
the SW corner of the property. Mr. Hammett stated his engineers are
aware of the problems, and he was assured they could be met.
Commissioner Jacobs questioned if at one time there had been consid-
eration of joining Marsten Road and Edwards Court. The City
Engineer said it had been discussed, but was not a serious consideration
at any time. City Attorney Coleman reminded Commissioners of the
Fire Department's condition that any buildings on the property should
be fully sprinklered. Mr. Hammett indicated he had no objections
to this. Commissioner Mink questioned the drainage access easement.
City Engineer Davidson noted this is in the Agreement between the
City and Hammett, but it does not show on the present map.
Chairman Sine requested audience comment. Mr. Andrew Morrow, 25
Edwards Court, identified himself as the owner of the property to
the north of these two parcels. He was concerned with the traffic
which would come across the bridge and which might trespass on his
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parking lot and driveway. He also questioned responsibility for the
maintenance of the bridge. The City Planner stated that it would be
part of the contractual obligation of Hammett and Edison to maintain
the bridge. City Attorney Coleman noted that the Agreement has
already been consummated, and it is a matter of enforcement by the
City which has several other contracts of this type. He noted that
the property itself is a lien if it is necessary to go to the property
owner. There were no other comments and the public hearing was
declared closed.
Both Chairman Sine and Commissioner Jacobs commented on the lack of
circulation plan for this property; and Commissioner Mink was concerned
about the access of emergency vehicles to Parcel 2, if Marsten Road
was blocked, and a fence or barrier was erected between Parcels
1 and 2. There followed discussion, during which Mr. Hammett
suggested the use of the 20' channel maintenance easement for
emergency vehicles. He stated there would be a fence between 1 and
2 but was amenable to the suggestion of the Chairman that there be
a gate. He went on to say he had no intention of crossing on Mr.
Morrow's property. City Attorney Coleman suggested the condition of
emergency access between Parcels l and 2 to the satisfaction of the
Fire Department. Mr. Hammett stated that would be agreeable.
Commissioner Taylor objected to the entire concept of this parcel
map, stating it was unacceptable from the standpoint of good planning.
He cited the crowded traffic conditions on Marsten Road which con-
tribute to the difficulty of access to the parcel, the possibility
that Mr. Morrow's property may be subject to trespass, and the
extreme difficulty of providing access for emergency vehicles. He
stated the idea was unsound as a planning device, and he could not support
such a proposal.
Much discussion followed, with Mr. Hammett commenting at one point
that he and Mr. Morrow had several discussions in the past
regarding the joint uses of driveways, but could not agree. Following
more discussion, City Attorney Coleman reminded Commissioners that
this map will be considered by Council, and Planning Commission
acceptance is for the purpose of recommending the map to the
Council.
Commissioner Mink moved that the Commission recommend approval of
this tentative parcel map and that the conditions placed upon the
tentative parcel map and the signing of the final map be as follows:
1. Improvement plans for the bridge and paved approach areas
should show width, grade and drainage for the access road.
2. An approximate cross section of the Easton Creek Drainage
Channel should be submitted with calculations showing adequate
capacity.
3. There shall be a grading plan and adequate provisions to collect
and convey storm drainage to a storm drain facility.
4. Bridge and street improvements to be built to the satisfaction
of the City Attorney and the City Engineer.
5. Any building built on Parcel 2 to have an approved and supervised
automatic sprinkler system.
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6. Emergency access shall be created between Parcel 1 and Parcel 2.
7. An access easement for maintenance of the drainage channel shall
be shown.
Commissioner Francard seconded the motion and it carried on the
following roll call vote:
AYES: COMMISSIONERS: FRANCARD,JACOBS,MINK,SINE
NAYES: COMMISSIONERS: KINDIG,TAYLOR
RECESS
There was a short recess at 9:15 P.M., after which the meeting
reconvened.
ELECTION OF OFFICERS
Chairman Sine exercised the prerogative of office in considering
this item out of agenda order. He requested nominations from the
floor.
Commissioner Kindig nominated Commissioner Taylor for Chairman.
Commissioner Francard seconded the motion, and nominations were
closed by unanimous voice vote.
Commissioner Taylor nominated Commissioner Jacobs for Vice -Chairman.
Commissioner Mink seconded the motion, and nominations were closed
by unanimous voice vote.
Commissioner Kindig nominated present Chairman Sine for Secretary.
Commissioner Taylor seconded the motion, and nominations were
closed by unanimous voice vote.
Chairman Sine announced the officers for the coming year would be:
Chairman - Commissioner Taylor
Vice -Chairman Commissioner Jacobs
Secretary - Commissioner Sine
3. VARIANCE TO CONSTRUCT A GARAGE WITHIN THE FRONT SETBACK AT 1280
CORTEZ AVENUE (APN 026-152-120) ZONED R-1 BY PETER E. GORT.
Chairman Sine introduced this application for hearing. Upon his
request for staff report, Assistant City Planner Yost reviewed the
application. His remarks are contained in staff report dated 4/26/76,
exhibit attached to last page of these minutes and incorporated
herein by reference. He noted that the Traffic Engineer had
recommended that if a new garage is permitted within the front
setback, the new curb cut and driveway should be from Cortez
Avenue. He then introduced Mr. Gort.
Mr. Gort reviewed his application letter of April 6, 1976, repeating his
basic reason for the application as necessary enlargement of the
house for his family of five adults, which includes three grown
children. Also the present garage interferes with the accessibility
of the pool. He stated he understood he would have to build a two
car garage, and there was no other place for it except in the front
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setback. He added he had no objection to the driveway coming off
Cortez.
Commissioner Mink questioned if any trees would be affected by the
new driveway, and Mr. Gort stated they would not.
Secretary Jacobs read communication dated April 15, 1976 from
Hamilton Hatfield, 1808 Easton Drive, urging approval of the variance.
She then readpetition dated April 15, 1976 indicating no objection
to Mr. Gort's proposal, and signed by members of 15 households in
the neighborhood.
Chairman Sine requested audience comment. Attorney Cyrus McMillan
responded on behalf of Mr. Bernard J. Friel, 1616 Easton Drive. He
stated he also represented Mrs. J. J. Higgins, 1700 Easton Drive, who
is opposed. He pointed out the average setback of 29h' on Easton, and
considered that requirements for a variance were not met because the
lot is not unusual or exceptional, it is level, the Gorts have
lived there for 13 years, and there are no unusual circumstances. He
did not believe that Mr. Gort could show undue property loss if
this variance were not granted. He noted that Mr. Gort wishes a
view of the pool from the proposed family room, but pointed out that
the pool was built in 1968, and considered that if there is a hardship
in this case, it is a self-imposed one. He urged the Commission to
deny the variance, stating it is unfair to have one property owner
reduce his setback to 9 feet when all the others have an average
of 29�'.
Mr. McMillan then introduced Mrs. Norma Norland of 1609 Easton.
Mrs. Norland told Commissioners she had lived on Easton Drive for
some 32 years. She stated there is not a garage on Easton Drive
that does not have a setback of some 60 to 120 feet; there is not a
home with the exception of one that does not have a generous setback.
If the Commission allowed this variance, standards on the block would
be lowered. She urged this variance not be allowed on the most
historic drive in Burlingame. There were no further comments and
the public hearing was declared closed.
Commissioner Taylor questioned the existence of a deck built to the
property line, and Mr. Gort told him this was approved in 1968,
pointing out that his lot is about 22% smaller than the average in
the neighborhood. Commissioner Francard questioned the adequacy of
the present garage. Mr. Gort stated it was only a one car garage
and by present standards, non -conforming. However, it was there when
he bought the house. There are four cars in the family now, and
he noted that a new garage would get them off the street. Commissioner
Kindig noted the argument that because the lot is smaller, more
coverage should be allowed. He recognized the improvements planned,
especially as regards room for more autos, but disapproved of the
encroachment on the setback, and questioned if variance requirements
could be met.
Commissioner Mink thought something within the 15' setback would be
acceptable, but not the present proposal. He considered Mr. McMillan's
and Mrs. Norland's point well taken.
Commissioner Jacobs questioned specifics of the distance to the curb
if the garage fronted on Cortez, and was informed it would be 31.7'
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to the curb. She suggested this fulfilled open space requirements.
Commissioner Taylor considered that the proposed use would improve
the property and the idea was good, but he stated he had heard
nothing that directed toward fulfilling the four requirements for
a variance. Chairman Sine, stating he had visited the property,
agreed that Mr. Gort had some excellent ideas, but he had not met any
of the requirements for a variance. Commissioner Kindig moved that
the variance be denied; Commissioner Francard seconded the motion, and
it carried on unanimous roll call vote.
4. VARIANCE TO CONSTRUCT A SECOND FLOOR ADDITION TO A HOUSE WITH
NON -CONFORMING REAR YARD AT 1545 LA MESA DRIVE (APN 027-021-030)
ZONED R-1 BY RICHARD E. WARNE.
Chairman Sine announced consideration of this application and requested
staff report. Assistant City Planner Yost stated that this house
was built in 1953 only 5' away from the rear property line. Now
the owners wish to add a second floor addition over the existing
garage; a variance is required since additions to non -conforming
structures are prohibited. He distributed plans for the addition
and cross section of the house on the lot which illustrate the unusual
situation of this hillside house, which has the garage on the same
level as the second floor. Photos of the site were also distributed.
He raised the consideration of whether or not this addition would
reduce the privacy of the neighboring properties.
Mr. Warne stated one of the reasons he had purchased the house was its
view of the Bay. Another home had been built in front of his house,
and his view was lost. The proposed addition would regain the view
and also give him additional needed room for his family. Mr. Warne
presented petition signed by his neighbors.
Secretary Jacobs read this communication signed by three immediate
neighbors of the Warnes, and voicing no objections to the addition.
Chairman Sine requested audience comment. Mr. Harry Graham, 1555
Alturas Drive, spoke on behalf of his neighbor, Ms. Hellen Trout,
1552 Alturas, stating she had intended to attend the meeting, and
she did object to the height of the addition which would block off
her view. Mr. Warne replied that he had subsequently visited with
Mr. and Mrs. Trout who had been under the impression that the addition
would go entirely across the roof. They had no objections when
they found it would be just over the garage.
There were no further comments, and the public hearing was declared
closed.
Commissioner Jacobs was concerned if the addition would block the
view of houses up the hill, but was assured by the Assistant City
Planner that it would not.
Commissioner Taylor commented that the photos of the site before
and after construction of a house below Mr. Warne's indicate that
there are exceptional and extraordinary circumstances applicable to
this particular piece of property. He considered that a denial of
this application would result in a property loss to the applicant.
He stated that from the testimony given he thought the granting of
a variance is necessary for the enjoyment of the property right of
the owner that he had at the time he acquired the property. It
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would not be detrimental to any other property owner except the one
uphill, and he has indicated he is satisfied. It is quite clear
that this variance would not interfere with the General Plan. On
the basis of these findings, Commissioner Taylor believed this appli-
cation should be approved.
Commissioner Mink moved that this application be approved, incorporating
the findings of fact as stated by Commissioner Taylor. Commissioner
Taylor seconded the motion and it carried on the following roll
call vote:
AYES: COMMISSIONERS: FRANCARD,JACOBS,KINDIG,MINK,TAYLOR
NAYES: COMMISSIONERS: SINE
5. SPECIAL PERMIT TO OPERATE A NURSERY SCHOOL AT 900 EL CAMINO
REAL (APN 029-011-020) ZONED R-3 BY ELISABETH FAIRWEATHER.
Assistant City Planner Yost announced receipt of letter dated
April 13, 1976 from Ms. Elisabeth Fairweather requesting that this
application be withdrawn and removed from the agenda.
6. SPECIAL PERMIT FOR SALE OF FOOD AT RETAIL AT 1881-A AND B ROLLINS
ROAD (APN 025-162-010) ZONED M-1, BY JOE MUSETTI, ART MARCOTTE
AND JIM USELMAN OF BACKALLEY DELI (APPLICANTS) WITH G. J. AMOROSO
(PROPERTY OWNER). ND -82P POSTED APRIL 16, 1976.
Chairman Sine introduced this application for hearing.
Assistant City Planner Yost reported on this proposed operation,
which would be to remodel an existing 2,300 SF vacant office building
into a lunch room seating about 30 people. Takeout food would also
be prepared. Hours would be from 7:00 A. M. to 5:00 P. M. This is
a large lot of 122,000 SF and four other businesses are located on the
site: Mueller Brass Company, Chrysler Motor Company, Barker
Supply Company, and Roy Grandey. Total on-site parking, excluding
truck dock parking, is about 70 spaces. He suggested 12-15 spaces
might be needed for this business.
The Assistant City Planner noted receipt of three supporting
documents:
1. Photograph of existing deli in Oakland run by these three
applicants.
2. Letter of recommendation from Johnstown Properties, manager
of the building at the Oakland location.
3.Peti'tioip4ted 4/15/76 from eleven owners of businesses representing
more than 1,000 employees on Rollins Road, urging approval
of this food service facility.
The Assistant City Planner noted two concerns: Amount of traffic
generated during peak hours, and future advertising of the business.
He uiged that approval be conditioned upon striping and marking of
parking spaces.
Mr. Robert Lavenstein addressed the Commission on behalf of Messrs.
Mussetti and Uselman, who were also present. He distributed a
map showing the location of eating places serving lunches under
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under $2.00 in the industrial area on both sides of the freeway
in Burlingame. He pointed out that in East Milldale there are four
such establishments, but in West Millsdale there are no such
facilities. Also indicated on the map are locations of firms employing
more than 40 people, a good percentage of whom signed the petition..
He stated many more signatures could have been gathered if smaller
businesses had been contacted. He noted that this business would be
located 40.0' from Rollins Road and would be surrounded by its own
parking lot. The business has a lease agreement, subject to permit
approval, wherein the premises include exclusive use of parking
adjoining the building for eleven cars, and clear access for such
parking from Rollins Road.
Chairman Sine requested audience comment.
Mr. Harry Graham stated he was not against this particular business,:.-
but
usiness:but he was concerned if it were allowed in the M-1 district, other
retail establishments would follow.
Mrs. Peter Campanile, Tower Delicatessen, Broadway, told Commissioners
there were two delicatessens and many restaurants on Broadway
available for the use of this industrial area. Commissioner Jacobs
noted that previous special permits had been granted for the purpose
of serving the people in the M-1 area.
Commissioner Mink questioned if it would be possible to get more
than the 11 marked spaces, in view of staff recommendation for 12-15
marked spaces. Mr. Lavenstein replied that in view of the fact that
there are less than 25 employees on the site and some 85 parking
spaces, there shouldn't be any problem in people using too many
spaces. He noted that 75% of the proposed business is take out,
and that the 25% of people who came there for sit-down lunches
usually would come in car lots. There are only 30 seats, which he
computed would be an average of 7-8 car loads at one time, which would
make the 11 spaces adequate. Commissioner Mink noted that business
would be heaviest during the noon hour and requested the dedication
of additional parking from 11:30 A. M. to 1:30 P. M. Mr. Lavenstein
did not see the necessity, since there are 27 parking spaces in the
immediate area of the building. Commissioner Mink asked if he would
be willing to stripe all 27 spaces for exclusive use from 11:30 A. M.
to 1:30 P. M. Mr. Lavenstein replied that would be subject to the
property owner's approval, and he would take it up with him.
Commissioner Francard questioned if the Commission would be opening
up an area along Rollins Road similar to that along Old Bayshore. He
thought some of the area should be rezoned so that the Commission
could stop granting special permits. Commissioner Taylor approved
this use. Commissioner Kindig considered more parking was needed, but
pointed out that this was so far from Broadway that no businesses
would be hurt there and he thought it was needed in this area.
Chairman Sine objected to having a representative of the owner
instead of the owner himself.
Commissioner Taylor moved that this application be approved subject
to the condition that there will be available on the premises
20 spaces striped and marked and identified for that purpose only,
and that hours of operation be as specified from 7:00 A. M. to
5:00 P. M. Commissioner Mink seconded the motion and it carried
on the following roll call vote:
AYES: COMMISSIONERS: JACOBS,KINDIG,MINK,TAYLOR
NAYES: COMMISSIONERS: FRANCARD
ABSTAIN: COMMISSIONERS: SINE
7. SPECIAL PERMIT FOR SALE OF CLOTHES AT RETAIL AT 27 EDWARDS COURT
(APN 026-102-100) ZONED M-1, BY MARTIN KANTOFF (APPLICANT) WITH
ANDREW MORROW (PROPERTY OWNER) ND -83P POSTED APRIL 16, 1976.
Chairman Sine announced this application for hearing and requested
staff report. City Planner Swan reviewed this application for retail
sales on weekends of factory outlet wearing apparel in a space occupying
1/2 of partitioned warehouse leased by Mr. Kantoff. The other half
of the warehouse would be used by the applicant for wholesale distri-
bution of automotive parts during the normal work week.
The City Planner noted the property owner, Mr. Andrew Morrow, had
given written consent to this use of his property; and referred
Commissioners to Mr. Kantoff's letter of application of April 1,
1976. He noted the property is about one block east of Rollins
Road, and the space leased would not be visible from Rollins Road.
This might lead to a problem with signs. Hours of operation for
sale of clothing would be Fridays 4:00 P. M. to 10:00 P. M. and
Saturdays and Sundays, 9:00 A. M. to 5:00 P. M. There are about
24 parking spaces.
The City Planner pointed out that sale of apparel would only be
permitted as a conditional use that should be found compatible with
the useage of M-1. He stated the applicant had only two employees
at present, and estimated 15 to 25 customers at the site. Parking
for these might require 10-15 parking spaces.
Mr. Kantoff addressed the Commission stating his business was
established in this location and he was not free to choose another
location. He went on to say that the factory outlet type of operation
only lends itself to the low rent district or a warehouse type of
building, and hours had been chosen so that traffic would not be
increased. He corrected the impression that he would have 15-25
customers at one time,. stating he meant he would have this many over
a period of a working day. In reply to question from Commissioner
Taylor, he stated he would put a 6' partition down the center of
the building and would have dressing rooms and a toilet in the
clothing section.
The newly established Lohman's clothing outlet was discussed, but
Mr. Kantoff declared his operation would not be comparable in
confusion and crowding. He noted that people would be interested
in his store for economic reasons - the ability to buy better
clothing at reduced prices. It would be primarily women's clothing,
but he would carry some men's shirts and slacks.
Chairman Sine requested audience comments.
Ms. Doreen Back, of Paloma Avenue, stated that this type of outlet
was definitely needed in Burlingame. Mr. Don Stewart, no address
given, commented that the hours of operation are such that they do not
interfere with other traffic and a store like this is needed in the
area. Mr. Harry Graham, Burlingame merchant, considered this
merchandising did not serve the immediate purpose of the area, and
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hoped that the Commission would bear in mind the.zoning of this site.
There were no further comments and the public hearing was declared
closed.
Commissioner Jacobs liked the idea of a factory outlet, but
considered it was in an improper zone and also would draw customers
away from the business area. Commissioner Mink stated he did not
find the use compatible with the purpose of the zone. Commissioner
Francard also disapproved; commenting this would be encouraging another
area like that along Old Bayshore, and questioned who would police
the hours of operation. Commissioner Kindig was sympathetic toward
Mr. Kantoff, but thought the business went against the zoning in the
area.
Commissioner Taylor tended to agree with some of these remarks but
emphasized that Mr. Kantoff came in and made an application according
to law. In contrast, there are several businesses doing retail
sales at Edwards Court, and they are not being penalized because
they haven't bothered to make application. He stated he had just
found out about them - "Sansara" is selling fabrics; "Mooney"
is selling rugs. He questioned if they even had business licenses.
He considered that Mr. Kantoff's business would be an improved use.
City Attorney Coleman questioned if the Commission wished staff to
make a determination on these uses, and Chairman Sine suggested that
staff take the proper remedial measures. He then pointed out
that the only application in front of the Commission was that of
Mr. Kantoff.
Commissioner Mink commented he had visited the property in the company
of Commissioner Taylor and Assistant City Planner Yost on April 23.
Commissioner Kindig moved that the special permit be denied.
Commissioner Francard seconded the motion and it carried on the
following roll call vote:
AYES: COMMISSIONERS: FRANCARD,JACOBS,KINDIG,MINK,SINE
NAYES: COMMISSIONERS: TAYLOR
Mr. David Keyston commented he could remember when commercial uses
were legal in M-1, thought some of these uses would be an advantage,
and suggested it might be time to reassess the zoning.
8. SPECIAL PERMIT TO OPERATE A BRAKE AND TIRE SHOP AT 1028
CAROLAN AVENUE (APN 026-240-290) ZONED M-1, BY JOHN ROMERO
(APPLICANT) WITH OSCAR PERSON (PROPERTY OWNER). ND -84P
POSTED APRIL 16, 1976.
Chairman Sine introduced this application for hearing. City
Planner Swan told Commissioners this brake and tire shop site is
located between Northpark Apartments and the police station site.
Mr. Romero will lease all of the property except that reserved
for Woodcraft and two parking spaces. He considered this use to
be similar to the one previously approved for Peninsula General
Tire at this location in November of 1971 and thought that it
could be approved.
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Mr. Romero addressed the Commission, stating he had been in this
type of business for 33 years and was well qualified. He, too,
noted there had been a tire and brake shop at this site for about
three years. He thought it was a good location for this business.
He stated he would do only brake work, front end work, and tune ups,
but no major overhauls. There is parking at the back for 30-40 cars.
In answer to Commissioner Kindig's question about the sign which
Peninsula General Tire had for "Complete Auto Service", he stated
he had taken the sign down to repair and paint the building, and
he would come.in for a permit for his own sign. Commissioner
Francard wanted confirmation that he would not fill up the parking
lot with wrecked cars. Mr. Romero affirmed he would not.
There was no response to the Chairman's request for ausience
comment.
Commissioner Mink moved this application for special permit
be approved. Commissioner Jacobs seconded the motion and it carried
on unanimous roll call vote.
9. SPECIAL PERMIT TO OPERATE A XEROX COPY CENTER AT 1555 BAYSHORE
HIGHWAY (APN 026-321-370) ZONED M-1, BY PAUL WHITE OF REPRODUCTION
CENTERS OF AMERICA (APPLICANT) AND NEIL J. VANNUCCI (PROPERTY
OWNER). ND -85P POSTED APRIL 16, 1976.
Chairman Sine introduced this application to the Commission for their
consideration.
City Planner Swan referenced his negative declaration in stating
that this use could serve the existing business establishments
located in the M-1 and C-4 districts. He cautioned that although
parking requirements for a retail service establishment are less
than for office space, a copy center would have high turnover and
is more apt to have peak loads. The City Planner displayed an
exhibit prepared by the applicant showing the area of the building
to be converted. He thought most of the customers would park in
front of the building, but requested Mr. White to explain if the
spaces would be provided for their exclusive use and where they
would be.
Mr. White addressed the Commission, stating he thought his business
would be an asset to the merchants in the Burlingame area, since
there are no adequate copy centers here. He reviewed his equip-
ment which would consist of a 9200 Xerox for quantity copying
jobs, a 6500 Color Xerox, and a 400 Xerox for smaller jobs and
individual copies. He mentioned Cron's Print and Copy Center in
San Mateo as being the only comparable copy center in the area. In
response to a question from Commissioner Kindig about the parking,
Mr. White said that parking was more than adequate. He thought
there were two spaces near the rear entrances, approximately 12
spaces in the back of the building and 4-5 in the front. In reply
to question from Commissioner Jacobs, he stated he did not know how
many would be allowed for this operation.
Commissioner Taylor was concerned that this business would be
comparable to Cron's volume business in the amount of traffic
engendered. Mr. White volunteered that people using his facility
would be dropping off their orders and returning for them later when
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filled. There would not be many people staying in his shop for any
length of time. Again, he noted the availability of parking, and
remarked he had never seen this lot filled.
There was no response to the Chairman's request for audience comment,
and the public hearing was declared closed.
Commissioner Mink remarked that in this case he did find the use
proposed compatible with the general uses of the area. Commissioner
Kindig considered that such a service was needed.
Commissioner Jacobs moved that this special permit be approved
conditional upon five parking spaces being assigned for the business.
Commissioner Mink seconded the motion. City Attorney Coleman questioned
if the special permit was to be granted to the applicants only.
Commissioner Jacobs, with the concurrence of the second, Commissioner
Mink, amended her motion to state that the special permit was to
be granted specifically to Paul White of Reproduction Centers of
America and Neil J. Vannucci. The motion carried on unanimous roll
call vote.
10. SIGN PERMIT FOR 3 NON -ILLUMINATED SIGNS ON AN EXISTING CANOPY,
TOTAL FACE AREA OF 14h SF AT AVENUE ARCADE, 1110 BURLINGAME
AVENUE, BY RONALD A. HARRIS.
After Chairman Sine had introduced this application for hearing,
Assistant City Planner Yost reviewed its background. He stated
that in 1974 a sign permit was authorized on Burlingame Avenue for
the Avenue Arcade, which included an entrance sign of 12 SF, copy
"Avenue Arcade." This property has recently been purchased by Mr.
Harris, the entrance sign has been removed, and its place taken by
a sheet metal canopy. Mr. Harris wishes to use three sides of the
canopy to identify the building. There would be one sign on each
side and one sign facing the street. Each sign would be under 5 SF
for a total signage of 143� SF, and copy for each would be "Avenue
Arcade." The Assistant City Planner commented that the requested
signage area is not a significant change from the signage approved
under the previous permit. He introduced Mr. Ronald Harris.
Mr. Harris presented for Commission inspection a color illustration
of the canopy with signs. Background would be yellow with copy in
rust red, wooden letters. He emphasized that there would be no
illumination on these signs. In response to question from Commissioner
Kindig, he confirmed that letters would be 8" high. Commissioner
Jacobs remarked she thought the sign attractive.
There was no response to request for audience comment, and the
public hearing was declared closed.
Commissioner Jacobs moved that this sign permit be approved.
Commissioner Mink seconded the motion and it carried on unanimous
roll call vote.
11. SIGN PERMIT FOR 240 SF OF COPY ON AN 18' HIGH POLE SIGN AT
1766 EL CAMINO REAL, BY DOMENIC MUZZI
Assistant City Planner Yost reminded Commissioners that the Planning
Commission had approved a variance from parking at this site in
September of 1975. This approval was conditioned upon review of
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parking in two years, maintenance of the existing landscaping, and
removal of the existing sign. On April 9, 1976 the City sent a
reminder to the new owner, Mr. Muzzi, that this sign still had not
been removed. The Assistant City Planner read this letter. He
told Commissioners the present application is requested to allow the
existing sign to remain but with new copy. Referring to the drawing
sent to Commissioners, he pointed out that the three faces of the
sign would each have 80 SF of area. Copy would be simply "1766
E1 Camino Building." This sign would be illuminated and no additional
signs are proposed for this building. The total frontage for this
lot is 248' and the new sign code would allow up to 200 SF signage
without a permit. The present request would go over the proposed
code by only 40 SF.
Mr. Vincent Muzzi, son of Domenic Muzzi, the applicant, was granted
permission to address the Commission. He stated his father had
purchased the property in March, 1976, and the seller had told them
of the necessity to take the sign down. However, Mr. Muzzi would
like to keep the existing sign, change copy, and comply with City
code. While the sign has been vandalized, the sign could be repaired
and would be quite costly to replace completely.
Chairman Sine, noting that Mr. Muzzi was the second or third owner
of the building since the granting of the original permit, requested
audience comment. There was none, and the public hearing was
declared closed.
Commissioner Jacobs suggested the Commission would not have this
application if the abatement of the sign had been followed through,
and questioned vi'_*y the sign was to have been taken down. Commission
discussion established that this had been an abandoned building and
the sign had been damaged. Commissioner Taylor commented that the
application seemed straightforward.
In reply to questions from Commissioner Kindig, Mr. Muzzi replied
that it is proposed to lease the entire building, and there would be
no objection to a non -illuminated sign. It is desired to use as much
of the old sign as possible to save costs. Commissioner Kindig then
indicated he had no objection to the sign. Commissioner Mink
commented that the objection to the sign was that it came under the
code section referring to abandoned or obsolete signs, and not to
the sign as such. Chairman Sine approved of the sign because it
identified the building merely by address.
Commissioner Kindig moved that this sign permit be approved in
accordance with design presented, and with the specification that the
sign not be illuminated. Commissioner Taylor seconded the motion
and it carried on unanimous roll call vote.
ACKNOWLEDGMENT
At this point Chairman Sine voiced his appreciation for the cooperation
of staff and of Planning Commissioners during his year as Chairman
of this Commission. He then presented the gavel to Chairman -elect
Taylor who chaired the balance of the meeting.
Commissioner Mink thanked Commissioner Sine for a fine job as
Chairman during the preceding year.
art
CITY PLANNER REPORT
City Planner Swan congratulated Chairman Taylor on his election, and
on behalf of staff expressed appreciation of the concern that
Commissioner Sine had exhibited for the City during his tenure as
Chairman.
The City Planner noted receipt of communication from a citizen
requesting a stop sign at a corner on Paloma, and noted it would
be referred to the Traffic Commission.
Another communication noted was from the County of San Mateo
relative to the 1976 special census, noting questions included as to
race, income, marital status. He noted that the census committee
has asked for suggestions as to other pertinent questions, and
requested input from the Commission as to data they might wish included.
He considered that a status of employment in the City of Burlingame
might be valuable, since in his opinion the population of the City
was higher in the daytime than at night. This economic data could
be helpful. Commissioner Mink suggested as a census question the
length of time citizens had resided in the City. This would give
information as to the trend in transient and permanent population.
The City Planner reported on attendance at the Air Quality Control
Conference where highly specialized and detailed information was
received.
The City Planner told Commissioners that his attendance at the
Planners Conference in Sacramento allowed him to attend a workshop
meeting reviewing revised guidelines for preparation of EIRs. From
information received he intended to prepare detailed procedures to be
used to comply with CEQA regulations.
The City Planner remarked that the San Francisco Airport is
requesting a variance from State Noise Regulations, which have not
yet been determined.
ADJOURNMENT:
Chairman Taylor adjourned the meeting at 11:30 P. M. in memory of
Mrs. Bernice Good, long-time Engineering Department secretary.
Respectfully submitted,
Ruth E. Jacobs
Secretary
EXHIBIT
MEMO TO: Planning Commission
"ROM: City Planner
P.C. 4/26/76
Item No. 3
SUBJECT: Variance to construct a garage within the front
setback at 1280 Cu rtez Avenue
SUMMARY
Mr. and Mrs. Peter Gort have three objectives in bringing this application to the
Commission:
1. They wish tc convert the-nresent nonconforming garage (only 13'6" wide)
Into a family room overlooking their backyard swimming pool.
2. They would like to a�J a second ftear room over this new family room
(they have a single s`ory.house at presentN.
3. A new two car garage is proposed, with access from Easton Drive. It would
..ncroach a full 2G' into the required setback.
The Commis=ion has four alternatives:
1. Approve this application for a variance from Sec. 25.62.040, which requires
a 2916" front setback, and permit a new garage as shiwn on Mr. Gort's plan
with access from Epston Drive.
2. Approve this application for a variance from Sec. 25.62.040, but require that
the new garage have access from Cortez Avenue
3.. Deny both the above (i.e. deny the family room as proposed) but allow the Gorts
a second floor addition by granting a variance from Sec. 25.70.030, which requires
the present garage be enlarged if a new full size garage is not constructed.
4. Deny all variances, thereby requiring the existing non -conforming garage be
widened by 6'6" before any enlargements to the presen_ house are permitted.
BACKGROUND
1274 and 1280 Cortez, with 1613 Easton Drive, were ori%•:nally two lots with an average
depth of 207'. A parcel map was approved by the City of Bu.-i;ngame in April 1952 which
split these lots into 3 new lots, resulting in 1280 Cortez being approximately
50' x 116' (5,800 SF).
A survey of the 38 lots adjacent to 1280 Cortez, and within approximately 200', shows
an average lot size of 7,166 SF. Mr. and Mrs. Gort's lot is 22.7% smaller than this
average.
With reference to the legal requirements for a variance, Sec. 25.54.020(a.) states
that "exceptional or extraordinary circumstances (must be) applicable to the property
-evolved." Within the above sample of 38 lots, 4 (10.5%) are smaller than 1280 Cortez.
Me great majority of R-1 lots in the Easton Addition are 6,000 SF, which is very close
to the 5,800 SF at 1280 Cortez. A finding of exceptional circumstances would be hard
to substantiate.
s
A claim of hardship is based on the size of the present house (3 bedrooms, 2 baths)
In relatijn to Mr. Gort's family (three children: 15, 20 and 23 years of age) and
number of automobiles (4 at present with a 1 car garage). Future additions to the
present house were made more complex by a 1968 Building Permit which authorized a
17' x 36' swimming pool in the rear -yard. Present hardship would seem to be self-
imposed, and a conscious trade-off for the benefits of the swimming pool.
Both Tom Moore and Sgt. O'Brien visited this property and recommend that if a new
garage is permitted within, the front setback, the new curb cut and -driveway should
be from Cortez Avenue, not Easton Drive. iney further recommend *.fiat the position
o4� any new garage should be as shown on Mr. Gort's drawings (but with the entrance
do%:r relocated), which permits a driveway of maximum length between the new garage
and sidewalk.
Tr, determine the required setback on Easton Drive, all properties on the southeast
side of the street between Balbor, and Cortez.wc'-e field checKed b. the Building
Department. The observed existing setbacks are:
1601 Easton 22.8'
1605 Easton 15.8'
1609 Easton 53.8' Average per Sec. 25.62.040
1613 Easton 30.8' 2916"
1280 Cortez 2r:.3'
One corner of the existing house at 1280 Cortez is within a distance of 27'6" from
the Easton Drive property line, and this is 2' closer to Easton Drive than the above
setback. No extensions toward Easton Drive can therefore be authorized by staff
unless this variance application is approved. if this application is denied, any
future extension to the house will have to be either to the rear (toward 'the swimming
tool) or as a second floor addition over the present nouse.
A second floor addition to this house will require that the existing garage be
widened by 66", or that a variance be gra ted by the Commission from Sec. 25./0.030.
WMS/JRY/s
rn
Wayne_ M. Swan