HomeMy WebLinkAboutMin - PC - 1976.03.08THE CITY OF BURLINGAME PLANNING COMMISSION
March 8, 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
Norberg
Sine
Taylor
ROLL CALL
The above named members were present.
CALL TO ORDER
A regular meeting of the Burlingame Planning Commission was called
to order by Chairman Sine on the above date at 7:30 P. M.
MINUTES
The minutes of the meeting of February 23, 1976 were approved as
written with the following corrections:
Page 5, "Acknowledgments", second sentence, add "from the podium."
Page 13, 3rd paragraph, add sentence to end of paragraph, "She
commented that since his business has grown, the traffic problem
could be increased in the future."
1. PRELIMINARY DRAFT: NEW SIGN ORDINANCE, TITLE 22
City Planner Swan informed Commissioners that the Sign Users Council
of California had been contacted, but no written information had
been received from them. He indicated that Mr. Heymann had stated
it would be difficult to put anything in writing, but that he would
be glad to meet with the Commission and go over the code in detail.
In view of this, Chairman Sine suggested that a special meeting be
held on the sign code, and that the Council be invited. After some
discussion, it was decided that at this preliminary stage the
Commission would be involved mainly in draft editing, and the
Council should be invited to participate later.
On Commission agreement, the Chairman set the date of Saturday,
March 27, at 9:00 A. M. as a special meeting to consider the draft
sign code.
2. ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS.
Chairman Sine initiated discussion of this subject with suggestions.
He considered that since most people do not use the services of an
architect or a designer for accessory buildings, the most effective
control would be by regulating the cubage. He suggested a cubage
up to 2,000 SF which could involve various combinations of building
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measurements. He also 'suggested 5' side and rear yard setbacks.
Commissioner Taylor considered the idea good, but wanted the
possibility of a variance with such a restriction. Commissioners
Jacobs and Norberg considered that such a restriction would discourage
pitched roofs. Chairman Sine noted that variances could be granted,
but Commissioner Jacobs pointed out that people sometimes would
rather have a flat roof than the difficulties of applying for a
variance. Commissioner Norberg considered it too restrictive,
noting that many people want shingled garages to match their houses.
There was more discussion of flat versus pitched roofs, with
Commissioner Francard approving the cubage idea as a good means of
control.
Commissioner Mink suggested 5' setbacks with a restriction that the
highest point of a building could not be more than twice its distance
from the lot line.
City Planner Swan asked Commissioners what they considered as
problems with accessory buildings beside the height. Chairman Sine
considered the main problem the possibility of illegal apartments.
Commissioner Mink was concerned with open space encroachment -
interference with sunlight and view in a neighborhood. Commissioner
Jacobs agreed, but did not want to vote for so restrictive an ordinance
that it would result in flat roofs, even though Chairman Sine reaffirmed
that variances could be granted. Commissioner Taylor approved of
the general concept'of the tubage control but also thought it should
not be so restrictive as to result in flat roofs. He wanted the
Commission to develop an ordinance that would allow people to build
the kinds of accessory buildings that they need for their individual
uses, and suggested the original concept of a plate line height.
Commissioner Jacobs questioned how much loft could be specified above
the plate line. The City Engineer stated it could be whatever the
Commission wishes - 5', 4', or less. The Commissioner remarked she
would rather have a crawl space allowed than have a flat roof.
City Planner Swan suggested another method of control as being
restriction of utilities. This idea was explored, with Chairman Sine
suggesting that no storm drain or sewer connections be allowed
inside the structure. He also questioned the inclusion of 220 wiring.
City Engineer Davidson commented that these utilities would be
necessary for people who wish to have washers or driers in their
garages. There was comment that 220 would be hard to control since
it is easily undergrounded.
City Planner Swan suggested that staff prepare an extensive list of
possible regulations for Commission consideration and revision. Chairman
Sine approved this and suggested more discussion at the April study
meeting.
Commissioner Mink stressed his concern that the rear yard be kept as
open as possible for open space and fire protection access. Commissioner
Kindig agreed. City Planner Swan noted that another aspect of this
was the fact that while many existing accessory buildings are built
to the property line, 10' utility easements at the rear provide
space in many instances. He considered this a permanent open space.
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There followed discussion of easements and the difficulty of
determining ownership in some cases. City Engineer Davidson noted
that even under the program of moving water meters to the street,
easements would not.be vacated in most cases because there are other
utilities there.
Commissioners agreed that staff should prepare a list of possible
regulations for further study.
3. PRECEDENT: POLICY FOR STAFF GUIDANCE
City Planner Swan initiated discussion of this subject by distributing
a list of 12 past actions by the Planning Commission which, in his
opinion, seemed to establish a type of precedent. Included with the
list were two dictionary definitions of "precedent." In discussing
this list he noted that where there is a physical manifestation on a
particular lot, people tend to feel that the same type of action
should apply to them. He noted that from the standpoint of land use
planning, the Commission is considering proposed projects and changes.
Much later there is a public reaction to the development.
Commissioner Taylor thought the Commission could disclaim any
precedent -setting intent. He thought one way to avoid setting a
precedent is to make a finding of fact which applies to that
application only. He thought the Commission was unable to distinguish
between the legal impact of one application over another. He questioned
that any action taken by the Planning Commission sets a precedent
unless the Commission chooses to allow it.
City Attorney Coleman stated there is no legal precedent set by
these actions.
Commissioner Jacobs considered that the only precedent the Planning
Commission has is the City code. She thought every application should
be considered on its own merits. Commissioner Taylor suggested
there was a difference between a precedent and a set of guidelines.
Commissioner Kindig had anticipated a more extensive list of precedents.
He did consider that only the first three items - apartments on
Capuchino - had been a type of precedent setting. He stated he under-
stood the difficult position of staff in their relations with the
public when a development is apparently a precedent.
There was Commission discussion of several items on the City
Planner's list.
The City Planner then acknowledged that Commission opinion had been
noted, and questioned.if staff could be given direction for future
dealings with the public.
City Attorney Coleman thought that if the City tells people it cannot
do certain things, it may be in trouble. Chairman Sine commented that
anyone who comes in for a variance or a special permit is entitled
to file it and to have a public hearing. He added that the Commission
abides by the rules and guidelines of the code, but suggested that
in certain specific areas the Commission should have the direction
of Council. He hoped there could be future joint meetings with
Council.
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Commissioner Mink suggested that the Commission make a finding of
fact on all of the four conditions for a variance with each application.
This should be made a part of the record. This action could not be
construed as a precedent, but would give subsequent applicants
direction.
4. RECLASSIFICATION; GENERAL PLAN AMENDMENT - WEST SIDE OF BAYSHORE
HIGHWAY; NORTH SIDE OF AIRPORT BOULEVARD; BROADWAY INTERCHANGE
ENVIRONS; CALIFORNIA DIRVE, BETWEEN BURLINGAME AVENUE AND HOWARD
AVENUE
The City Planner compared the two guidelines of General Plan and
zoning ordinance in the area of Bayshore Highway. The east side is
zoned C-4. On the west side the General Plan projects industrial
and office use. This area is zoned M-1 and there have been many
applications for commercial use there in the last four years. He
suggested as one approach that there could be consideration of changing
the requirements of the M-1 district. Another approach could be
rezoning. He reviewed the scope of work necessary to investigate
the area. This would involve reports on lots which are still vacant,
properties that have already received special permits, types of uses
that need to be described. He suggested that a time schedule for
this work be set up to be consistent with other priorities.
The City Planner pointed out inconsistencies of the General Plan with
zoning in the areas of the west side of Bayshore Highway, the north
side of Airport Boulevard, westerly and southerly from the Broadway
interchange, and southwesterly of California Drive between Burlingame
Avenue and Howard Avenue.
In the following Commission discussion Commissioner Jacobs suggested
that the west side of Bayshore could be rezoned C-4 for a depth of one
lot, which would take care of the commercial uses, but not be so
intrusive as C-1. Commissioner Francard questioned if this would
change the parking, and Commissioner Mink suggested an overlay zone
instead. He stated he had not been satisfied with the M-1 uses
there for a long time. Commissioners Kindig and Jacobs disapproved
of C-1 in this area because more types of businesses would be allowed
and because of traffic. Commissioner Mink questioned the City Planner
on the possibility of a limited C-4 overlay in this area. The City
Planner suggested the possibilities in this method, noting that C-1
and C-2 districts in Burlingame are not capable of absorbing many
more uses. He cautioned, however, against removing the designation
of M-1 in this area because of possible future needs for M-1 zoned
land. He suggested specification of only certain C-4 uses.
Commissioner Jacobs questioned how many office vacancies there are
in the area of west Bayshore. Assistant City Planner Yost noted
that business license applications are mainly along Old Bayshore.
Commissioner Taylor made the point that retail services might be
needed to fill the needs of people in the offices. Chairman Sine
suggested that the City Planner start with an overlay zone for the
consideration.of the Commission. The City Planner stated a land use
map could be prepared to indicate categories from the Hyatt House
to Millbrae, and questioned what priority the Commission would assign
to this project. He considered the sign code top priority and noted
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the large number of applications in the last two months.
Commissioner Mink considered the highest priorities the sign code
and accessory buildings. He suggested that first investigation of
rezoning be made in the Broadway to Oak Grove area of California
Drive, which he defined as a jumble of uses. It is zoned C-2.
After considerable discussion, Commissioners indicated this area would
be a reasonable start in investigating rezoning. City Planner Swan
said he could bring a report to the April study meeting.
DRI VF.WAYS
Commissioner Jacobs brought up the subject of shared driveways in
the R-1 district. She was concerned that this ties up legally each
lot that shares a common driveway. She suggested a survey of such
cases with a view to eventual self -containment of every driveway.
Commissioner Mink pointed out the advantages of shared driveways
in that every curb cut reduces street trees and lot area.
Chairman Sine commented there are many areas in downtown Burlingame
where driveways could be closed. He estimated this procedure could
bring about 58 more parking spaces.
There was further discussion with no specific conclusion.
5. SIGN PERMIT FOR ONE GROUND SIGN WITH 48 SF OF COPY PER FACE AT
380 LANG ROAD, ZONED M-1 BY LAVENSTEIN & COMPANY WITH ANZA PACIFIC
CORP., BEACH ROAD ASSOCIATES, LUTHER IZMIRIAN AND FREDERICK
WURLITZER (CONTINUED FROM FEBRUARY 9, 1976.)
Assistant City Planner Yost reviewed previous Commission concerns
with this sign. The phone number on the sign is for a listing office
on Bayshore Highway. Title 22 prohibits advertising services other
than those on the site of the sign. Also, this sign is to be viewed
from the Freeway.
He went on to say that Mr. Lavenstein has submitted a written summary
of Title 22, Chapters 22.22 and 22.24, and he concludes that this is
a real estate sign which is exempt from these prohibitions.
The Assistant City Planner noted that the City Attorney and the Planning
staff believe that Mr. Lavenstein's interpretation of this sign as
a real estate sign is valid. Staff believes this application could
be approved as a real estate sign for a six month period and could
be renewed biannually. He went on to say the sign, therefore, is
before the Commission because it is in excess of 32 SF, not because
it violates other requirements of the code. The Assistant City
Planner noted the new sign code has no provision for a development
sign, and requested commission reaction to having this type of sign
included in the proposed draft.
Mr. Lavenstein referenced agreement dated February 26 with attached
exhibit outlining the extent of properties covered. This agreement
was signed by the respective property owners and authorized Lavenstein
and Company to act as leasing agent. The agreement listed certain
specifications with regard to the group sign. Mr. Lavenstein
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noted the sign code states there may be one "tract" sign permitted
per acre when the property consists of five or more contiguous
parcels. He then pointed out that here the land incorporated in the
agreement for this one sign is 23 separate parcels comprising eight
acres. In answer to question from Commissioner Jacobs he stated
this would be a permanent sign.
Commissioner Francard was concerned because the agreement states
that in the event of certain circumstances the City of Burlingame
shall have the right to remove the sign. In his opinion, the owner
should remove the sign. City Attorney Coleman stated that there is
a code provision for the owner to remove the sign. However, if the City
had to remove it, they could do so and then recover their costs from
the owner.
Mr. David Keyston declared he was in favor of this sign which limits
several pieces of property to one sign.
Commissioner Kindig stated the agreement resolved all questions he
had.
Commissioner Jacobs noted that under the present code any five
contiguous lots on Bayshore Freeway could have a real estate sign.
The Assistant City Planner agreed but noted that if these signs
exceed 32 SF, each would have to have a hearing and be judged on its
merits.
Commissioner Taylor thought he could accept Lavenstein & Company's
sign for a limited time.
Commissioner Mink questioned Paragraph 3 of the agreement which
states there will be no freeway exposure on other properties, stating
he thought there was only one lot fronting on the Freeway. Mr.
Lavenstein pointed out that several lots with undeveloped land between
them and the freeway at this time do have freeway identity. Commissioner
Mink thought that Paragraph 3 of the agreement would not prevent
property owners from putting up signs on their individual property.
Mr. Lavenstein noted it excluded other group signs, and the City
Attorney commented that it excluded any other signs related to
freeway exposure. Commissioner Mink asked if the Commission was
dealing with a real estate sign with a time limit, or a permanent
sign? Mr. Lavenstein requested this sign be considered a real estate
sign of a permanent nature. Assistant City Planner Yost referenced
code section which states that building permits for real estate signs
are issued by the building inspector and can be renewed at six month
intervals. On Commissioner Mink's question,City Attorney Coleman
stated that the Commission has no authority to waive the six month's
limitation except as a condition to the sign permit. Mr. Lavenstein
received confirmation that if the new code did not include development
signs the Building Department could refuse to issue a permit after
six months. Chairman Sine questioned if the applicant could withhold
the application until the new code was written. Mr. Lavenstein indicated
this would not be possible.
Commissioner Mink suggested an alternate design for the sign which
would incorporate a removable "space for lease" area. Mr. Lavenstein
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replied that these properties would always have space for lease.
Again he commented that -this is an effort of a group of people to
work together for the betterment of this area. In response to Commission
question, he noted that the lettering is not removable and the name
of the realtor has been deliberately omitted.
Chairman Sine requested audience comment. Again, Mr. Keyston spoke
in favor of the sign,pointing out it was an improvement over what
could be placed there, and was an effort at cleaning up the area.
There was no further response, and the public hearing was declared
closed.
Commissioner Mink objected to the phone number inclusion as advertising
offsite services, which is not appropriate for a permanent sign.
Commissioner Jacobs was in favor of delaying this application until
the new sign code was approved. Chairman Sine commented this would
not be for another six months.
Commissioner Kindig stated he had no objection to this sign's erection
for a year or so but he did disapprove of a permanent sign.
Mr. Lavenstein pointed out that they have a 13 -year lease for this sign,
and it would come down at the end of the lease. There could be
a definite time limit put on it. He offered to make an arrangement
whereby the "space available" part of the sign could be hung on hooks
and removed at will.
Commissioner Mink moved that this sign permit be denied. Commissioner
Jacobs seconded the motion and it failed on the following roll call
vote:
AYES: COMMISSIONERS: JACOBS,MINK,TAYLOR
NAYES: COMMISSIONERS: FRANCARD,KINDIG,NORBERG,SINE
Chairman Sine requested a positive motion. Commissioner Kindig moved
that the application for a sign permit be approved for a two-year
period and that the agreement signed by the five property owners be
made part of the approval. Commissioner Francard seconded the motion
and it carried on the following roll call vote:
AYES: COMMISSIONERS: FRANCARD,KINDIG,NORBERG,SINE
NAYES: COMMISSIONERS: JACOBS,MINK,TAYLOR
6. SIGN PERMIT FOR ONE GROUND SIGN WITH 32 SF OF COPY PER FACE FOR
AUTOHAUS BURLINGAME AT 1315 ROLLINS ROAD, BY WILLY OSTERTAG
(CONTINUED FROM JANUARY 26, 1976)
Chairman Sine introduced this application for hearing and requested
staff report.
Assistant City Planner Yost reminded Commissioners that on January 26,
1976 they had approved an application for six wall signs at this location.
Total signage approved was 190 SF. These signs are now up on the
building. With this earlier application was a proposal for a new
ground sign with a total area of 75 SF on each side; however,
this sign had been withdrawn from the application before the motion was
taken. Now a modified application has been submitted for this ground
sign. The area has been reduced from 75 SF to 32 SF per face; the height
is 12'. It will be unlighted with a possibility of ground lighting
in the future. It will be placed on the corner of Rollins Road and
North Carolan. The City Traffic Engineer has reviewed its placement
and has no objection as to sight distances.
Commissioner Jacobs noted that this sign would give a total signage
of 254 SF on Rollins Road. She questioned this relation to the new
sign code. Assistant City Planner Yost replied that this would
be slightly above the review line for this zone. Commissioner Kindig
was informed that the sign was approximately 15 feet from the curb.
Chairman Sine noted this is in the same location as the temporary
sign which is still up.
There was no response to the Chair's request for audience comment and
the public hearing was declared closed.
In response to a question from Commissioner Jacobs, Mr. Ostertag
said that the sign will be unlighted. However, he might put in some
ground lighting in the future. There was Commission comment that he
must come back before the Commission for this.
Commissioner Mink moved the granting of this sign permit for an
unlighted sign as per drawings submitted. Commissioner Taylor seconded
the motion and it carried on the following roll call vote:
AYES: COMMISSIONERS: FRANCARD,KINDIG,MINK,NORBERG,TAYLOR
NAYES: COMMISSIONERS: JACOBS,SINE
RECESS
There was a short recess at 10:00 P. M. after which the meeting
reconvened.
7. TENTATIVE AND FINAL PARCEL MAPS, BEING A RESUBDIVISION OF LOTS 11
AND 12, ANZA AIRPORT PARK UNIT NO. 2 (RSM VOL. 65/28) AT 383-399
BEACH ROAD, ZONED M-1, BY H. G. HICKEY FOR ANZA PACIFIC CORP.
(LESSEE) AND LAWRENCE CRIVELLI (PROPERTY OWNER)
City Engineer Davidson reviewed revised parcel map. He noted that
Parcel D has a 28' frontage on Beach Road. He then pointed out that
Parcel C is a landlocked parcel, but does have two access easements,
both coming from the Lang Road Cul-de-sac. He emphasized that the
property line between Parcels D and E would run through the existing
building. The proposal is to make the wall on the line a common
wall. There is a sprinkler system in the wall, and it would be
necessary to have an agreement for the common wail and responsibility
for the sprinkler system. If this application is set for hearing, he
requested that closure and title reports be submitted in advance
of public hearing date. The City Engineer also stated it would be
desirable to extend the maintenance easement on the west side of
Parcel C up to where it meets the existing 20' maintenance easement
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which comes diagonally from Parcel D.
Mr. David Keyston said he had no objection to the extension of this
maintenance easement, and reported that he had delivered to the
City a party wall agreement which also covers the fire sprinkler
service. On Commission question, he stated that Parcel C is presently
being used as a bus storage yard.
This application was set for hearing March 22, 1976.
8. TENTATIVE AND FINAL PARCEL MAPS, BEING A RESUBDIVISION OF
LOTS 32,33,34,35 AND A PORTION OF LOTS 28,29,30 AND 31, BLOCK
NO. 5, EAST MILLSDALE,INDUSTRIAL PARK UNIT NO. 2 (RSM VOL. 52/4,
5 & 6) AT 845/855 STANTON ROAD, ZONED M-1, BY MARTIN M. RON
ASSOCIATES FOR UNITED AIRLINES (LESSEE) AND WELLS FARGO BANK
(PROPERTY OWNER.)
City Engineer Davidson told Commissioners this simple map was for
the elimination of a lot line between two parcels, so that they are
joined as one. He had no comments and recommended that the application
be set for hearing.
City Planner Swan added that United Airlines is in the process
of modernizing their kitchens which are on these two parcels. The
County Assessor's roll shows one parcel number for these two parcels.
He introduced Mr. A. J. Kaiser of United Airlines. Mr. Kaiser
commented that the parcel map would allow the development of the
parcel as one unit regarding parking requirements.
Chairman Sine set this application for hearing March 22, 1976.
9. DRAFT ENVIRONMENTAL IMPACT REPORT, EIR-35P FOR PROPOSED 3
STORY OFFICE BUILDING PROJECT AT 1203 HOWARD AVENUE, BY JOSEPH
GE LLE R
City Planner Swan reported that draft EIR had just today been received
for this three story office building which will cover 100% of the lot.
He considered this would require the addition of an evaluation by
the City Planner and suggested that distribution be made at the end
of the week along with his evaluation. He questioned several statements
in the draft EIR. One was that because the project will cover the
entire parcel, the curb cut on Lorton Avenue will be eliminated,
adding extra parking to the street. Another, the project is considered
to have no adverse environmental effects, therefore mitigation measures
are not appropriate. The last paragraph stated that a special permit
is being sought because the lot coverage is to exceed 75%.
The City Planner noted that this project will employ a number of
people, probably with cars, and it is questionable that there will
be no effect. However, he suggested that the economic benefits
might offset the parking impact. He thought the EIR should be set
for hearing.
In response to Commission questions, Mr. Geller stated there would
be no parking under the building and the first floor would be recessed
approximately 10.feet in front with planter boxes in the recessed
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area. He stated that the EIR does refer to the fact that parking
spaces within walking distance would be affected, but the building
is within the Burlingame Parking District and there has been no
credit taken for parking spaces. He did not consider that any involved
EIR evaluations would be necessary because of this project. .
Chairman Sine scheduled this EIR for hearing on March 22, 1976.
10. SPECIAL PERMIT TO ALLOW A BUILDING THAT WILL EXCEED 75% LOT
COVERAGE AT 1203 HOWARD AVENUE (APN 029-224-060) ZONED C-1,
BY JOSEPH GELLER.
City Planner Swan requested comment from Mr. Geller on the fact that
the first floor will be for commercial use rather than offices.
Mr. Geller replied that he had not been able to commit office tenants
for the first floor, and hoped to use commercial activity there.
There was little Commission comment. This application was set for
hearing on March 22, 1976.
11. SPECIAL PERMIT TO OPERATE A RESTAURANT ON UNCLASSIFIED LAND AT
1190 CALIFORNIA DRIVE, BY NAJIM KHAN (LESSEE) WITH SOUTHERN
PACIFIC TRANSPORTATION COMPANY (PROPERTY OWNER).
Assistant City Planner Yost reviewed that on October 14, 1970
the Planning Commission had approved a permit for "Broadway Joe's"
restaurant at this location. The permit was granted to Mr. Joe Fena
on a non -transferable basis. Three years later, Mr. James Lewellyn
appeared before the Commission, stated he had purchased the restaurant
and was ignorant of the fact that the special permit was non -transferable.
Permit to Mr. Lewellyn was granted, and also made non -transferable.
On January 27, 1976 Mr. Fena resold the restaurant property to Mr.
Khan. On February 17, 1976 Mr. Khan concluded a five-year lease with
the Southern Pacific Transportation Company. This lease was conditioned
upon the property being used solely and exclusively for the operation
of a restaurant. Mr. Khan then arranged to have a grand opening for
his restaurant and contacted the city to get a sign permit. He had
then been informed that he needed a special permit for this restaurant.
The Assistant City Planner stated a complete application had been
filed and recommended that it be set for hearing.
Chairman Sine requested comment from Mr. Khan, who confirmed that
the restaurant is open and a sign is on the ground without a permit.
The real estate company had not informed him that a special permit
was necessary, and he had already stocked his restaurant for a
month at a cost of about $2,500.
Chairman Sine scheduled this application for hearing on March 22,
1976.
At this point City Engineer Davidson announced he had researched
the question of minimum width on Anza Pacific lots, and there is
no code requirement for commercial or industrial property, only
for residential lots.
12. SPECIAL PERMIT FOR ADDITIONAL COMMERCIAL RECREATION FACILITIES
IN M-1 DISTRICT AT -1730 ROLLINS ROAD (APN 025-262-270) BY ANN
MORI OF PENINSULA SPORTS CENTER
Assistant City Planner Yost reviewed this application. He told
Commissioners that a 1974 special permit was approved for construction
of four outdoor tennis courts and one handball court. The tennis
courts were to be placed under the P. G. & E. wires, and access
was to be over the Southern Pacific spur track. Permit approval was
conditioned on receipt of letters of authorization from property
owners, including P. G. & E. and S. P., and approval of the landscaping
plan by the Park Director. Letters of authorization were never
received by the City, and term of this special permit has expired.
The present proposal is to build 8 tennis courts and delete the
handball court. A running track is to be installed as well as a
basketball court.
The Assistant City Planner explained the site plan, noting that parking
adequacy should be reviewed. Parking for the 1974 plan was found to
be adequate, but this plan is for 8 tennis courts instead of 4. He
went on to say that the main building is under one ownership and letter
of authority has been received from that property owner. However,
the area of new construction is to be acquired from a second property
owner. While there is a copy of the purchase agreement by Peninsula
Sports Center, approval of this application should be contingent
upon their actual acquisition of the area under the P.G. & E. wires.
Letters of authority must also be received from P. G. & E. and S.P.
The Assistant City Planner introduced Miss Ann Mori.
In response to Commission question, the Assistant City Planner said
that landscaping plan had never been received for the previous permit
and that none of the four tennis courts had been put in.
Miss Ann Mori told Commissioners that delay in construction under
the original permit was cuased by difficulties in financing. Financing
has now been arranged. Approvals by S.P. and P. G. C E. have taken
a year to resolve. They are forthcoming. She noted that most of
the land is taken up by the tennis courts, and there will not be
a great deal of landscpaing.
City Engineer Davidson requested that the City Engineer's office
have the right of approval of the site plan since the P. G. & E.
right of way is also for drainage purposes. Commissioner Mink noted
that as a matter of record in his capacity with the San Mateo High
School District he had been working with Miss Mori in another area
of interest.
Chairman Sine scheduled this application for hearing on March 22, 1976.
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13. VARIANCE FROM SIDEYARD REQUIREMENTS AT 1315 BENITO AVENUE (APN
027-194-050) ZONED -R-1, BY MICHAEL & ANNE MCGETTIGAN
Assistant City Planner Yost explained that this is a proposed
expansion of a two bedroom house to include a two car garage with a
master bedroom and bath over it. The addition would be in the 20'
side yard. Mr. and Mrs. McGettigan have three children and need the
extra_ bedroom. The variance is required because they propose to
build to the side property line. This is a property line beyond
which there is a 7' wide strip of public land which runs along the
entire length of their property.
The Assistant City Planner noted plans have been received, and
distributed photographs of the site. He stated the application is
complete and recommended it be set for hearing.
In response to Commission questions, the Assistant City Planner stated
the house is 23' back from the sidewalk, and the addition is 15-20'
behind that. This addition is an attachment to the existing house
and lot coverage is within that permitted by code. There was some
discussion as to who owned these 7' "open easements," but it could
only be verified that they are not privately owned.
Chairman Sine set this application for hearing on March 22, 1976.
14. VARIANCE FROM PARKING REGULATIONS FOR SINGLE FAMILY DWELLING
WITH MORE THAN TWO BEDROOMS AT 2000 DEVEREUX DRIVE (APN 025-212-280)
ZONED R-1, BY.EDWARD,AND BERNADETTA DOWD.
Assistant City Planner Yost told Commissioners this application is
to allow an existing three bedroom two bath house to be expanded.
The applicant wishes to add an additional two bedrooms and one bath
over the two car garage. This proposal requires two variances:
the garage is 3' too narrow to conform to code, and must have a variance.
A variance is also required from side yard requirements since the
garage is only l'-2' from the property line. The Assistant City
Planner distributed plans for this addition and pointed out that the
application is complete and could be set for hearing.
The applicant explained the plans to Commissioners, who considered
the proposed building elevations should be more detailed. City
Attorney Coleman suggested Mr. Dowd confer with staff toward getting
a better drawing. In response to Commission question Mr. Dowd indicated
that two full-size cars would not fit in his garage, but that cars
could be parked on the driveway.
Chairman Sine set this application for hearing March 22, 1976.
15. VARIANCE FROM LOT COVERAGE REGULATIONS AT 1011 CAPUCHINO AVENUE
(APN 026-214-080) ZONED R-2, BY MILAN AND DOREEN CVITANOVIC.
Assistant City Planner Yost showed site plans to Commissioners and
explained that this is an application to add a second dwelling house
on this 9,825 SF lot. There is now one 2 -bedroom house on the front
portion of the property. The new house is to be at the rear of the lot,
and have three bedrooms, a den, a living room, separate family room, 23�
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baths. Total lot coverage will be 42.4%, 2.4% over permitted meximum.
Another reason for a variance is that code requires there be 20'
between the front dwelling on an R-2 lot and the rear dwelling.
In this instance there is only 15' between the rear and the front
dwellings. The Assistant City Planner stated the application is
complete and could be set for hearing.
There was little Commission discussion. Chairman Sine set this
application for hearing on March 22, 1976.
16. VARIANCE FROM SIDEYARD REQUIREMENTS AT 1515 BERNAL AVENUE
(APN 026-034-090) ZONED R-1 BY CYRUS J. MCMILLAN FOR MR. AND
MRS. ROBERT DAVENPORT.
The Assistant City Planner explained that there was fire in this
dwelling last year which did a considerable amount of damage. The
house has a non -conforming side yard along one side of the property.
An 18' section of the house is only 1' away from the property line.
The Building Department was hesitant to issue a building permit for
this non -conforming property. The owners of the property have decided
that in addition to making fire repairs, they would like to add a
6' extension at the rear of the house. He noted that the code states
that a non -conforming building may be added to only if it then
conforms to code. Additional material that should be submitted was a
cost estimate for repair for fire damage, and a better site plan.
He stated dimensions on the plan submitted are not consistent and
there are errors on the drawing.
Cyrus McMillan, attorney for the applicant, told Commissioners
new drawings would be submitted within 3-4 days. He said fire
damage was $18,400. This, he noted, is substantial damage, but none
of it was in the area of the non -conforming use. The date of the
fire was January 1, 1976.
In response to question, Assistant City Planner Yost gave lot coverage
as 30%. There was Commission comment that firemen cannot get around
the present house because of the non -conforming sideyard.
Chairman Sine set this application for hearing on March 22, 1976
contingent upon new plans being received by Thursday, March 11.
17. ZONING CODE ENFORCEMENT - STATUS REPORT
City Planner Swan reported that a letter had been received today from
the R. & R. Auto Service on the Dore property stating, "As of now
the shop is clean. All wrecking operations are stopped."
CITY PLANNER REPORT
The City Planner reported that the Gordon Strocher appeal is scheduled
for Council hearing March 15, 1976. Thorstenson and V & T
Investments have both been scheduled for Council hearing on April 5,
1976. The City Planner requested and received permission to be absent
from the special meeting on March 27 because of previous commitments.
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Chairman Sine told Commissioners that this was the last study meeting
that Colonel Norberg will be attending. He will be retiring from the
Planning Commission as of the regular meeting on March 22, 1976.
Chairman Sine declared he considered it an honor and a privilege
to have served with the Colonel on this Commission for the last seven
years.
ADJOURNMENT
The meeting regularly adjourned at 11:10 P. M.
Respectfully submitted,
Ruth E. Jacobs
Secretary