HomeMy WebLinkAboutMin - PC - 1977.11.28CITY OF BURLINGAME PLANNING COMMISSION
NOVEMBER 28, 1977
COMMISSIONERS PRESENT COMMISSIONERS ABSENT OTHERS PRESENT
Cistulli Francard City Planner Swan
Jacobs Mink Asst. City Planner Yost
Kindig City Engineer Kirkup
Sine City Attorney Coleman
Taylor
CALL TO ORDER
A regular meeting of the Burlingame Planning Commission was called to order at
7:35 P.M.
ROLL CALL
The above -listed Commission members and staff were present. Commissioners Francard
and Mink were necessarily absent.
MINUTES
The minutes of the meeting of November 14, 1977 were approved as mailed.
Before continuing with the agenda, the Commission discussed the scheduling of
December meetings. It was moved by C. Sine that the Commission hold a regular
meeting on Wednesday, December 21, 1977 which would include study and hearing items.
The motion was seconded by C. Cistulli and carried unanimously (5-0). C. A. Coleman
noted that technically the meeting of December 12 would be continued to the 21st
and the meeting of the 28th would be cancelled.
MEETING ITEMS FOR ACTION
1. VARIANCE FROM CODE SEC. 25.50.080 TO PERMIT A 990 SF ADDITION TO AN EXISTING
HOUSE WITH NON -CONFORMING REAR YARD; PROPERTY AT 144 CHAPIN LANE (APN 028-314-
400), ZONED R-1, BY MR. AND MRS. NORMAN BROD
Chm. Taylor read the item and Asst. C. P. Yost reviewed the application and the history
of the development of 144 and 146 Chapin Lane. He explained that a house was built
on the front portion of the property (now 146 Chapin Lane) sometime after 1900. The
back portion of the property (144 Chapin Lane), which is separated from the front
portion by a creek, was developed with a cottage sometime during the 1930's. He
noted that the proposed addition to the cottage, which now sits on a separate lot,
would almost double its present floor area. He stated the proposed addition fully
meets code with the exception that the original cottage was constructed with only
a 5 foot rear setback, making the building non -conforming, and present code requires
buildings may be extended only if they are first brought to code. In deciding to
ask for a variance, the rear of the cottage would be left as it is presently and two
new rooms would be extended forward over the creek. He stated that the findings of
fact in Chapter 25.54 of the Zoning Ordinance must be made and noted that staff feels
those requirements are met by this property. He then stated that the applicants
were present to anwer any questions.
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Burlingame Planning Commission Minutes November 28, 1977
Mr. Brod stated that they had approached the surrounding neighbors and there appeared
to be no objections. C. E. Kirkup advised that his department had no conditions
for this application. Chm. Taylor opened the public hearing. Secy. Sine read a
letter from John K. Poland of 146 Chapin Lane dated November 14, 1977 which stated
the application was totally acceptable. The property owner from 141 Occidental
Avenue addressed the Commission, noting that his lot is behind the subject property
and stating that the application is acceptable. There being no further public input,
the hearing was closed.
C. Sine asked C. E. Kirkup, since the proposed addition is to go over the creek,
would all flood requirements be met? C. E. Kirkup stated that the existing bridge
is in good condition and there was nothing to worry about from this aspect. Asst.
C. P. Yost confirmed that a building permit had been obtained (Permit No. E565)
for the cottage in the 1930's. C. Jacobs stated that she had inspected the property
and found it to be very unusual; she felt under the circumstances a variance would
be necessary. She noted that approval of the variance would not affect the neighbors
or the General Plan or City Codes, nor would it be a threat to the health and
safety of the community. C. Jacobs moved for approval of the variance. C. Cistulli
seconded the motion and upon roll call vote it carried unanimously (5-0).
2. VARIANCE FROM CODE SEC. 25.70.030 TO ADD A THIRD BEDROOM TO A HOUSE WITH A
17'6" WIDE GARAGE; PROPERTY AT 1608 MARCO POLO WAY (APN 025-202-180), ZONED
R-1. BY WEYLAND LUM
Chm. Taylor read the item and Asst. C. P. Yost reviewed the application; he noted
that the Lums proposed to add a bedroom and a family room to their present house.
A variance is required because the two -car garage is only 17'6" wide and current
codes require a full 20'. There is a full 20' between the front property line and
the face of the present garage, providing sufficient room to park an additional
two cars off street.
C. Cistulli stated there is some sort of a storage shed in the side yard of the
neighboring property; he felt this item should be postponed until such time as the
neighbor's yard is cleared. Because the storage shed is on a neighboring property
other Commission members believed this property owner should not be penalized for
something -over which he has no control. C. Cistulli moved that this item be
continued until December 21 so that staff might contact the neighboring property
owner about this. The motion died for lack of a second.
There being no further Commission discussion, Chm. Taylor opened the public hearing.
Joseph Gilmore, property owner of the lot directly behind the subject property,
stated that he felt his privacy would be violated if the variance for the addition
is granted. He suggested that the addition be made to the front of the property
and face the street. Mr. Gilmore felt that his objection could be addressed to
the third and fourth findings of fact required for variance approval. Ronald
Casassa addressed the Commission, noting that he lives adjacent to Mr. Gilmore; he
stated he also feels he would lose privacy. There being no further public input,
the public hearing was closed.
The applicant, Mr. Lum, explained there is a rather large oak tree in the rear yard
which would obscure the view into the neighbor's back yard. Commission expressed
dissatisfaction with the design of the addition but little objection to the variance.
C. Sine moved the item be continued to December 21, allowing the applicant time to
have new plans prepared. C. Kindig seconded the motion and it carried unanimously
(5-0). C. Sine noted if more time was required the item could be continued again.
C. Cistulli reca mended staff contact the Fire Dept. and check into the matter at
1604 Marco Polo Way that was discussed earlier.
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Burlingame.Planning Commission Minutes November 28, 1977
3. VARIANCE FROM CODE SEC. 25.62.040 TO PERMIT A 15' ADDITION TO THE FRONT OF THE
EXISTING HOUSE AT 925 LAGUNA AVENUE (APN 026-221-060), ZONED R-1, BY JOSEPH M.
MORAY
Chm. Taylor read the item and Asst. C. P. Yost reviewed the application. He explained
Code Sec. 25.62.040 which establishes the minimum front setback for this property
at 20.5'; the proposal is to extend the present house forward to within 15' of the
front property line. The addition could be made without a variance, but the
proposal is the simplest solution. He then explained his concerns about the
character of the proposed design, noting that it would not be related to the style
of the present house. He added that staff feels there are alternatives to the
proposed design.
The public hearing was then opened, and James Caroline of 909 Laguna Avenue asked
if the applicant would consider landscaping the front so that it would blend in with
the other houses. Mr. Moray stated he plans to landscape to hide the property as
much as possible. There being no further public input, the hearing was closed.
C. Kindig stated he felt the home is very attractive now and would hate to see it
changed; he added, however, that this is a personal opinion and he simply wanted to
express that this is an older, well kept neighborhood which is attractive. C. Jacobs
observed that when alternatives are available to a property owner the Commission
has requested those alternatives be researched. She felt additions should blend
in with the existing house as well as the surrounding neighborhood as much as possible.
C. Sine agreed there are a number of alternatives which had not been explored.
C. Sine moved this item be continued to December 21. C. Cistulli seconded the motion
and it carried unanimously (5-0).
4. VARIANCE FROM OFF-STREET PARKING REQUIREMENTS TO CONVERT ONE BASEMENT PARKING
SPACE INTO A WORKSHOP, AND REDUCE TWO ADDITIONAL SPACES TO A 17' LENGTH;
PROPERTY AT 500 PENINSULA AVENUE (APN 029-294-290), ZONED R-3, BY ROBERT AND
SYLVIA PISANI
Chm. Taylor read the item and Asst. C. P. Yost reviewed the application. The application
was sent back to the Commission by City Council because the applicants had submitted
revised pians. He explained the new proposal, noting that it would allow a deficiency
of one basement parking space, to be offset by a tandem parking space in the side
yard for the owners' personal use. Also, two additional basement parking spaces
would be reduced to 17' in length, and a new storeroom built to code standards.
He noted that when the application was denied previously Commission had found there
were no unusual circumstances in the property to justify approval of the application.
He concluded this was the central issue and although the details of the application
have changed, the property has not and, therefore, the original findings would appear
to still be valid.
Chm. Taylor asked if the temporary structures had been.removed from the property.
Mrs. Pisani stated no, because they had no place to store the equipment contained
in the storage areas. She said no more than 11 of the 17 spaces are normally used
by the tenants, and added that the driveway is long enough for two cars. It was her
feeling that she and her husband should have the same rights as a single family
homeowner to use tandem parking space. She stated that the workshop is essential
to the maintenance of the building.
Burlingame Planning Commission Minutes
Page 4
November 28, 1977
C. Jacobs had no objection to the compact spaces, but thought it might create
problems for future tenants. She stated that parking requirements are constant
even if all spaces are not currently used. C. Sine observed that the Commission was
conducting a public hearing, noting that since the application has been revised
perhaps a study meeting should be scheduled. C. Kindig agreed with C. Sine but felt
the Commission was somewhat familiar with the application. C. Cistulli felt that
since the City requires "x" number of parking spaces for "x" number of units that a
shop should have been planned. Chm. Taylor commented that although the plans have
changed the arguments are the same and do not address the requirements of variance
approval. It was suggested the applicant contact staff, and the item was removed
from the agenda.
5. FENCE EXCEPTION TO CONSTRUCT A 5' FENCE AT THE CORNER OF SANCHEZ AND DRAKE
AVENUES; PETITION BY JOHN AND LUPE TORRES OF 1004 DRAKE AVENUE (APN 026-184-
090), ZONED R-1
Chm. Taylor read the item and Asst. C. P. Yost reviewed the application. Mr. Yost
noted that the present fence meets the requirements of Code Sec. 25.78.040 which
specifies fences and hedges on corner lots shall be not more than 3' in height
(measured from curb level) on that portion of the property within 15' of the external
corner of the lot. He stated that the present owners would like to construct a 5'
fence so that the home would be easier to sell. He noted that the applicants suggest
in their letter to the Commission that the City could make the corner safer by either
installing a stop sign or making Drake a one-way street. He referred to a memo
from the City's Traffic Engineer dated November 23, 1977 which states that neither
the one-way street or stop sign recommendations would materially improve the existing
conditions and could make conditions worse; further, that any additional obstruction
to sight distance should be avoided. Mr. Yost read the required findings for fence
exception approval from Sec. 25.78.070 and noted in light of the required findings
and the Traffic Engineer's report staff would recommend denial of the application.
C. A. Coleman noted that "warranted" in the Traffic Engineer's memorandum means
"not justified by traffic counts." Mr. Torres stated the exception requested was
to provide more privacy. There being no further questions of the applicant, no
correspondence and no one wishing to speak, the public hearing was closed.
C. Jacobs felt that with the statements from the Traffic Engineer, Commission would
have no choice but to deny this item. C. Sine added that installation of stop signs
does not help with problems of traffic circulation and in some cases increases the
problems. C. Sine moved for denial of the application since the four required
findings could not be made and in light of the statements from the Traffic Engineer.
C. Cistulli seconded the motion and upon roll call vote the motion carried
unanimously (5-0). A brief recess was called and the meeting reconvened at 9:30 P.M.
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Burlingame Planning Commission Minutes November 28, 1977
6. DRAFT ENVIRONMENTAL IMPACT REPORT, EIR-44P, FOR BURLINGAME BAY CLUB CONDOMINIUMS;
PREPARED BY TORREY & TORREY INC. FOR CITY OF BURLINGAME
Chm. Taylor read the item. City Planner Swan reviewed the project for which the EIR
was written, noting that the EIR discusses the impacts of a 336 unit condominium
which includes two 146 foot high towers over a two level parking garage and six tennis
courts on State-owned land leased to the developer. He stated that total land area
for the project is 6.6 atres located in the Waterfront Commercial, C-4 District;
the Draft EIR was prepared for the City by Torrey & Torrey Inc., a San Francisco
planning consultant. Mr. Swan indicated the project location on the General Plan
Diagram, noting that the pattern for the area shown on the General Plan is industry
and office uses. He pointed out that if the proposal is to be approved for a change
to residential use it would require an amendment of the General Plan and a reclassifi-
cation of zoning. He stated that the EIR points out that several additional permits
would be required, those being a special permit to exceed 50 feet in height, which is
a review limitation; a variance to cover more than 50 percent of a residential lot;
and a condominium permit which is for the specific design. He made reference to the
summary of the EIR on page 24, noting it states that rezoning of this single site
is considered to have significant adverse impact. He noted that the John Biayney
Report No. 1 posed a number of questions. Should any residential development be
permitted? If so, how much would be necessary to form a viable community? Should
it be restricted to adults? Should a decision be made prior to City Council decision
as to whether the Bayside Redevelopment Project is to go forward? City Planner Swan
noted that a special meeting of the City Council is scheduled for Wednesday,
November 30, to consider the Bayside Redevelopment Project. After a decision is made,
he thought the John Blayney consulting firm would proceed with or without the
convention center.
The C. P. pointed out that the Draft EIR clearly states what the impacts of such a
project would be, noting that even with changes in design the impacts would still
exist, possibly to a lesser degree. In conclusion, C. P. Swan stated that comments
could be made at this meeting and responses to the comments received could be prepared
and included as part of the Final EIR for recommendation to City Council for
certification at the Commission's December 21 meeting. He then introduced Mrs. Torrey
who was present to give a presentation on the EIR and answer questions.
Responding to the concerns of C. Cistulli and C. Jacobs, C. P. Swan stated that the
total area of the project would be 6.6 acres and that the Draft EIR was based on a
336 unit project with a density of 50 units per net residential acre. He said that
staff had not received a changed plan. Mrs. Torrey stated that she would simply tell
the process by which the ideas in the DEIR were developed. She explained that her
first-hand impression of a residential use on the site was not negative, noting
that the site does have attractive characteristics, particularly the Bay view. She
also noted that there is a regional need for housing and that the idea of balancing
commercial and residential uses is desirable. She said there are three major issues
which would have to be dealt with: (1) land use and public policy - is this proper
use for this land and what is the existing or evolving public policy; (2) traffic -
there is already a problem in the area; (3) aesthetics - because it is a bayfront
site, aesthetics are important.
Mrs. Torrey continued, noting that determinations would have to be made as the project
does not conform with Burlingame's General Plan or Zoning Ordinance. It raises the
question: what does the City want this site to be and what does the City want the
bayfront area to be? She emphasized that this is the crucial question in deciding
if this is appropriate land use. She noted that other agencies were concerned with
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Burlingame Planning Commission Minutes November 28, 1977
the project, specifically San Francisco Bay Conservation and Development Commission
(BCDC), the U. S. Army Corps of'Engineers, State Lands Commission, among others.
She said that letters were received from the Corps of Engineers and BCDC that show
even though it was believed this was a grandfathered project, it is now felt the
grandfather clause relates to C-4 uses and a specific plan, the Anza Plan, and that
is being changed. Their criteria are for recreational uses with a minimum of bay fill,
retention of the lagoon, Airport Boulevard as a scenic drive and the need for a
specific plan in the area to assure public access. Mrs. Torrey explained that these
are points brought out by the mitigation measures in the EIR. She emphasized that
these are public policy issues, some of which could be resolved at this stage and
some at a later date when Burlingame establishes a policy for the area. She continued,
stating that in looking at the site and its suitability for residential use there are
various important factors to consider, some negative and some positive. What are
the uses surrounding the site? She noted there is an office tower, nightclubs to
the north, a parking facility on the other side of Airport Boulevard which is a
temporary use, and on a vacant site to the west a skateboard park is being proposed.
She stated it would appear these uses are not compatible enough to secure a proper
environment for residential living.
In looking at the uses planned for the area as a whole, Mrs. Torrey noted one finds
commercial and commercial recreation uses with no other residential areas planned
at this time. Community facilities was another important consideration and she
noted that the City is well-equipped with underground facilities to handle a
residential use in this area. There are not any convenient retail facilities;
this would have to be considered an important factor. She said that the view is
the site's strongest asset and noted that there is a lack of aesthetic amenities
around the site, i.e., bikeways, walkways, etc.; although there are some provisions,
they are minimal. Isolation from other residential areas of Burlingame was pointed
out as being a main negative point.
Mrs. Torrey commented that with the present uncertainty of the policy for the
surrounding area, the site presents many adverse impacts for residential use. She
stated that traffic is a major problem now and the congestion at two major inter-
sections would be aggravated by any project. She further stated that this could be
handled through mitigation measures. With regard to aesthetics, she stated that
there are many adverse impacts, most of which could be mitigated. In conclusion,
she said that if the developer were to utilize the suggested mitigation measures
contained in the EIR, he could submit revised plans for consideration.
Commission discussed the EIR at length. Several Commissioners expressed concern
about the retail requirements for a residential development. Commissioner Cistulli
felt something should be planned to serve the residential area and asked how many
people might live in the project, noting that no grocery store is planned.
Mrs. Torrey stated that she could not give specific figures as to the number of
residents; however, the EIR does state that retail services are not immediately
accessible. Commissioner Sine felt the EIR was well done; however, he expressed
concern about retail services and questioned demands on the school system. He felt
the proposed development would encourage a series of requests for R-4 zoning in the
surrounding area which would have a great impact on retail and school services.
Mrs. Torrey explained that few children would be placed in the school system with
this type of project, if condominium residents were limited to adults. She made
reference to a conversation she had with a representative of San Mateo High School
District in which it was stated that most condominium developments do not generate
significant demands on school facilities. She said it was not her feeling that this
one request would bring an onslaught of rezoning requests.
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Burlingame Planning Commission Minutes November 28, 1977
Chairman Taylor discussed the mitigating measures, noting that some of the adverse
effects could be alleviated. He pointed out that BCDC recommends specific modification
to the project. Mrs. Torrey stated that this modification could be reviewed with
the developer and a commitment could be required for certain mitigation measures.
C. Jacobs noted that this EIR was being done prior to the geologic report, and
questioned this procedure. Mrs. Torrey explained that the procedure depends on the
specific site, stating that in this case earth questions were not the most critical.
She emphasized that other reports with detained information have been done in the
area and are referred to in page 2 of the EIR; she added that this could be enlarged
upon in the Final EIR. She further explained that other EIRs have dealt with
geologic problems in the area and it would be an unnecessary step (and expense) to
repeat work that had already been performed. She did note,however, that in order
to get a building permit the builder would have to have a specific soils study
prepared on this particular site.
Commissioner Sine requested clarification on the statement that "traffic can be mitigated.
Mrs. Torrey stated that traffic always creates more traffic. Such mitigation measures
as wider ramps, signalization, changes of right-of-way, etc. would not eliminate the
traffic, but would reduce the adverse impacts. She could not give a specific solution
to all the traffic problems. Responding to Commissioner Jacobs' questions on the
broadening of Peninsula Avenue ramps and use of those ramps (page 28, paragraph 2 of
the EIR), Mrs. Torrey explained that the assumption was made that half of the project':s
southbound peak hour traffic would travel to the north on Airport Boulevard and then
half to the south; then, with a further breakdown, that 20 trips would use Bayshore/
Broadway and 30 would use Airport Boulevard/Coyote Point. She believed that there is
already a problem and people would choose alternative routes.
Chairman Taylor said that the EIR was prepared in the context of what is in the area
now, adding that he realizes it is impossible to write a report based on how the
land might look five years from now. He stated, however, he has trouble seeing how
this six acre site could be evaluated with any degree of realism without knowing what
the City will plan around it. He expressed concern about the adequacy of the report
and its usefulness to the City. He stated that the report does not help him in
drawing a conclusion as to the value of the project, good or bad.
Commissioner Jacobs felt timing was the problem. If the Blayney Report were available
and then this EIR, it would seem a more logical order. She asked if the parking
requirements had been addressed if the tennis courts are leased out and, since it
is State land, would it be opened to the public and what this might do to the parking
requirements. Mrs. Torrey stated this was not included as the developer had not
said it would be open tothe public. She added that if the area is open to the
public there would be a need for more parking. It was felt, since the courts were
proposed to be on State land, that it would have to be open to the public and the
developer may not have been aware of this. Mrs. Torrey said one mitigation measure
was that this be open to the public. It would be up to the developer to redesign
to provide more parking. She said State Lands Commission staff indicated this would
be an acceptable recreational use.
Commissioner Jacobs felt that the report was well done considering the circumstances,
that is, no specific area plans for the surrounding area. Mrs. Torrey stated that
the EIR attempts to give the City an idea as to what the proposed development on
this particular site would involve, covering all the impacts as much as possible
with the information available. Commissioner Kindig noted that Commission is worrying
about the entire area and the consulting firm can only utilize the information on this
project.
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Burlingame Planning Commission Minutes November 28, 1977
Responding to Commissioner Jacobs' questions regarding BCDC decisions on the project,
Mrs. Torrey explained that all the projects in that area should be checked against
BCDC approval. Chairman Taylor added that BCDC would not approve a project that the
City has not essentially approved. Commissioner Jacobs was concerned that EIRs were
possibly being done just as an exercise. City Attorney Coleman felt she might be
confusing EIRs with actual permits.
David Keyston, Anza Shareholders' Liquidating Trust, said that the exemption received
was conditioned on "not having a substantial change in the master plan." He felt it
could be argued if this was a substantial change. He also felt it should be
remembered that BCDC's jurisdiction is to provide a maximum feasible public access
within the 100 foot strip from the shoreline. Mrs. Torrey stated that BCDC's comments
would be responded to in the addendum to the draft and would become part of the Final
EIR. There being no further discussion, Chairman Taylor opened the public hearing.
Ed Taylor, 701 Burlingame Avenue, addressed the Commission, stating he felt the EIR
was not adequate or was incorrect in the following areas. (1) Page 3, reference to
reduction in commuting with the rezoning. He felt if the property were developed in
its present zoning that the number of commuters generated from the project would be
less than with the proposed development as 336 units could produce twice that amount
in commuters. (2) Page 2, second paragraph from the bottom, it is stated that the
proposal is not in conformance with the General Plan. He felt much work had gone
into the General -Plan and that the General Plan should be adhered to. (3) Page 23,
should include references to noise across the water and fumes. He felt this was an
important problem that was not addressed. (4) Page 31, bottom paragraph about traffic
should be changed to read this development "together with others like it" would cause
serious traffic problems. (5) Page 45, paragraph 2, item 3, Air Pollution - again,
along with other similar projects, there would be a serious impact on the quality of
the air. (6) Page 48, where increased traffic is discussed, he felt three "only Us
should be struck out and, again, felt other similar projects should be mentioned.
(7) Page 53, he felt the first and second paragraphs were in conflict. In summary,
Mr. Taylor stated that he felt the City should stick to the current General Plan.
David Keyston addressed the Commission. Referring to Mr. Taylor's comments, he stated
that the EIR is describing a specific project at this particular time. He said that
not just a rezoning is being requested, but instead a conditional rezoning, conditioned
on a specific project. He emphasized that this rezoning would apply only to this
project. With regard to the Commission's concerns about the lack of soils information,
he stated that a complete seismic study was done on the site. He also stated that
the project is one that is proposed not to permit children. With regard to commuter
traffic, he stated that already about 25 people who are working nearby would like to
be notified when units would be available because they work in the area. He did not
believe that direct air blast and fumes would be a significant problem. With regard
to air blasts, he noted that any problem could be mitigated through proper construction
of the units. He said that the area is outside the 65 CNEL line in the Airport's
Noise Study. It was his feeling the traffic generated from the development should be
compared with the traffic that would be produced if the site were developed in the
present zoning; he felt the traffic would not be greater. He noted the State of
California has three projects under consideration for the Peninsula Avenue overpass;
two are modifications of the off -ramp on the easterly side and the third is a more
major proposal that includes another structure at the foot of Airport Boulevard that
would provide access'to the southbound lanes of Bayshore Freeway both in and out of
the property.
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Burlingame Planning Commission Minutes November 28, 1977
Commissioner Sine questioned Mr. Keyston on the priorities for the Peninsula Avenue
overpass. Mr. Keyston stated that the two smaller projects could be accomplished
on an interim basis and the overpass is not on a priority list. Commissioner Sine
felt this could mean a number of years before anything is actually done.
Larry Getz, project sponsor, felt the report was interesting and basically thorough.
He stated that the developers would like to work together with staff to create a
fine development that the City would be proud of. He emphasized that the report was
thorough in that a specific project was assigned and,togethe r with the Blayney Report,
the pieces of the puzzle would fit together into an overall area report. David Keyston
advised that Clifford Moles, architect, had been contracted to modify the project as
much as possible to meet mitigation measures and added that Mr. Moles could work with
staff on this.
Chairman Taylor requested that the applicant discuss mitigation measures and other
concerns with staff. John Raiser of Raiser Construction Company spoke briefly,
stating that he would like to see this project take place. He said that cities all
over the world have highrise residential towers on waterfront property and this would
be a first for the area. He felt residential development in this location would be
desirable and noted that accessibility to retail shops would be no further than for
people presently living in the Mills Estate or in Burlingame Hills. He stated he
hoped the Commission would look favorably on the project and the EIR. He felt the
EIR was a good one considering the information available.
Commissioner Sine requested, with reference to 117 construction jobs mentioned on
page 10, last paragraph of the EIR, that it be clarified those jobs would be short
term. There being no further public input, Chairman Taylor instructed staff and
Mrs. Torrey to respond to the concerns brought out during the public hearing and
return to the Commission on December 21 with an addendum to the EIR for possible
recommendation to City Council. The item was continued to the meeting of December 21,
1977.
7. SPECIAL PERMIT TO ALLOW TRUE LEARNING CENTER, INC. TO HOLD CLASSES IN COOLIDGE
SCHOOL; PROPERTY AT 1400 PALOMA AVENUE (APN 026-073-110), BY LARRY KRUSEMARK
(APPLICANT) WITH BURLINGAME SCHOOL DISTRICT (PROPERTY OWNER) (ND -142P POSTED
11/18/77)
Chm. Taylor read the item and C. P. Swan reviewed the application, noting that the
applicant first came to the Commission September 12, 1977 and staff had raised
questions about the policy of Burlingame School District. He made reference to a
letter dated October 19, 1977 to the City Attorney from James E. Black, District
Superintendent, Burlingame School District, noting it was the Board's intent to
keep the building as occupied as possible. He read portions of this letter which
explained District policy and the proposed operation (letter incorporated in these
minutes by reference). Mr. Swan requested Commission consider the special permit
and recommended approval.
Chm. Taylor observed that Glenn Stewart of the Burlingame School District was present.
Mr. Stewart confirmed that the letter expresses the intentions of the Board and that
the application is consistent with the objectives and policies of the Board. C. Sine
felt it should be noted the property is zoned for single family residential development
and should the property be sold the building could not be made into apartments.
Mr. Stewart commented that anyone who might want to buy the parcel would have to
deal with the City in this area.
Burlingame Planning Commission Minutes
Page 10
November 28, 1977
Larry Krusemark was present to answer questions and confirmed that the enrollment
is currently planned for 31 students; they would hope to increase that number by
five or 10. He also stated he would not anticipate a great enough increase to
hold two sessions, and confirmed C. Kindig's statement that classes would be
held 9:00 AM to 12:45 PM, four days a week. There being no further questions, the
public hearing was opened.
Joe Mastainich stated that although he is not a resident of Burlingame, he would
like to speak in favor of the school. Martha Benson, 1401 Paloma Avenue, did not
speak in opposition to the application but asked what age children would attend
as she was concerned with traffic and parking. Mr. Krusemark advised that it would
service Kindergarten through 8th grade (no high school students) and the students
would arrive by car pools. He added that three cars would be there on a permanent
basis. There being no further public input, the hearing was closed. C. A. Coleman,
responding to C. Kindig's question, stated that the school is responsible for limiting
the use of the school grounds.
C. Jacobs moved approval of the application with the condition that the special permit
be coterminous. with the term of the lease and that the statements contained in Mr.
Krusemark's letter rec'd. September 12, 1977 be adhered to; use of Coolidge School
only for Kindergarten through eighth grade, hours to be 9:30 AM to 12:30 PM instead
of two sessions, use of three part time teachers and enrollment to be 30 children.
C. Cistulli seconded the motion and it carried upon roll call vote, 4-1, C. Sine
voting 'no' because this is a commercial use in an R-1 zone.
A brief recess was called and the meeting reconvened at 11:_10 P.M.
8. SPECIAL PERMIT TO OPERATE AN AIRPORT PARKING FACILITY AT 1.700-1880 BAYSHORE
HIGHWAY (PORTION OF APN 024-380-080), ZONED C-4, BY JESSE D. YOHANAN (CONTINUED
FROM 11-14-77); REFERENCE DRAFT EIR-46P RECOMMENDED BY PLANNING COMMISSION
RESOLUTION NO. 17-77
Chm. Taylor read the item, noting that he had read the minutes of the previous meeting
and, based on C. A. Coleman's advice, could vote on this item. Asst. C. P. Yost
reviewed the application, stating that the public hearing had been opened and
continued at Commission's meeting two weeks ago. He noted that the central issue
was first to determine if the proposed commercial parking lot and a shuttle bus
service to the airport are acceptable uses in the C-4 zoning district. He further
noted if the project is found to be acceptable, then specific conditions should be
established to mitigate the adverse impacts identified in the environmental impact
report and the Director of Public Works' memorandum dated October 20, 1977. He
referred to Commission Resolution No. 17-77 adopted November 14, 1977 which recommended
EIR-46P to the City Council for certification, and stated that this resolution matched
impacts with mitigation measures. He added Commission could use the resolution and
require the applicant to meet its suggested measures as a condition of the special
permit, if approved. He then stated that Dermot J. FitzGerald, attorney representing
Mr. Yohanan, was present with new information and more detailed plans.
Mr. FitzGerald made a presentation to the Commission, referring to renderings and
diagrams of the proposed structures as well as a diagram of the parking lot with
detailed landscaping plans. He noted the parking had been reduced from 810 to 560
stalls. Mr. FitzGerald addressed the previous concerns of the Commission and noted
the initial special permit was in three phases; however, it is now proposed that
phases 1 and 2 be combined with the airport parking being phased out in 10 years.
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Burlingame Planning Commission Minutes November 28, 1977
He said the applicant would enter into an agreement that the parking operation be
limited to 10 years. Mr. FitzGerald advised that no application would be made
for variance from the required parking for the restaurant or any of the other uses.
He further stated the amount of landscaping would be well in excess of the City's
requirements and there would also be a 25 foot recreational easement along the
waterfront. He noted that the parking area would be screened from Bayshore Highway
by extensive landscaping on top of a berm. He felt this would effectively answer
the concerns of Commission. He further stated that the applicant would be willing
to contribute a fair share of the cost of a traffic light in the area of Mitten Road.
Mr. FitzGerald noted the applicant is a resident of the area and not a developer;
he plans to have his own office in the development and would not construct
"ticky-tacky" buildings. He referred to architectural renderings of the proposed
buildings, and emphasized the reason the parking service is being requested is to help
finance long-range development plans. He noted George Sinclair, the architect and
Peter Callander, the landscape architect were present to answer any questions.
Responding to C. Jacobs' inquiries, Mr. FitzGerald confirmed that the 560 stalls
included some of the required restaurant parking. He emphasized that this is a
conceptual idea at this time. He further noted that the bayfront easement might be
greater than 25 feet in some areas, but in no area would it be less than 25 feet.
This would be in compliance with specifications contained in the EIR.
Commission briefly discussed parking with Mr. FitzGerald. Mr. FitzGerald emphasized
that the 560 figure might change depending on the requirements of the uses in the
project. He also stated he was not asking for approval of the restaurant or the
office building at this time. Responding to C. Jacobs' questions about the berm,
Mr. FitzGerald confirmed that property drainage would have to be in conjunction with
the requirements of the Public Works office and BCDC. C. Sine referred to a letter
dated November 22, 1977 from ABAG, specifically the second paragraph, and expressed
the concern that there would be a sea of asphalt. Mr. FitzGerald stated that it
would not make sense to leave the property unused; it would not be economically
feasible.
Chm. Taylor noted that since this was a continuation of a public hearing anyone might
speak. He asked that testimony be limited to additional remarks which were not
made November 14. There being no further public input, the hearing was closed.
C. Kindig stated he appreciated the applicant's compliance with Commission's request
for more detailed plans; however, he felt the main objection was still present, that
is, the proposed park -and -fly use. C. Jacobs agreed with C. Kindig, stating that
she has tried to keep an open mind but felt that even 10 years was too long.
C. Kindig moved for denial of the special permit and C. Jacobs seconded the motion;
the motion carried upon roll call vote (4-1), C. Cistulli casting the negative vote.
9. SPECIAL PERMIT TO ALLOW THE FROG POND, A HOT TUB AND SAUNA CLUB, TO OPERATE
AT 1302 BAYSHORE HIGHWAY (APN 026-113-480), ZONED C-4, BY BRUCE R. QUIE
(APPLICANT) WITH DAVID H. KEYSTON (PROPERTY OWNER) (ND -143P POSTED 11-18-77)
Chm. Taylor read the item. Asst. C. P. Yost reviewed the application, noting that
Mr. Quie proposes to lease 5,700 square feet of office space in the Hyatt Cinema
building and subdivide the area into 17 smaller rooms, each with a hot tub, sauna,
shower and sun lamp deck, and to provide a reception/lobby area on the ground floor
for club members, possibly with a large screen T.V. and food vending machines.
Burlingame Planning Commission Minutes
Page 12
November 28, 1977
Mr. Yost noted that members would be mainly employees and customers of Burlingame
business firms, guests staying at nearby hotels and restaurant patrons; the rooms
would be rented to members on a reservation basis at rates ranging from $10.00 to
$15.00 per hour; operating hours would be from 11:00 A.M. to 2:00 A.M. seven days a
week; there would be three employees during the 11:00 A.M. to 7:00 P.M. shift and
four employees from 7:00 P.M. to 2:00 A.M. It is estimated that normal use would
be two persons per room so that at full occupancy there would be 34 customers and
three to four employees. He further noted that ND -143P was posted November 18, 1977
with the conclusion that the proposal would not have a significant effect on the
environment if adequate parking is available. Other issues are water consumption
and membership rules for the club. It was suggested that if the application is
approved such approval might be conditioned to require review in 12 months and that
the permit be limited to Mr. Quie only.
David Keyston addressed the concern of parking, noting his letter dated November 14,
1977 and stating that Star Rent-A-Car is making other arrangements which would free
up 10 of the parking spaces which were allotted that agency. He referred to a
diagram of the area where the. parking would be available. Bruce Quie, 600 Edgewater,
Foster City (the applicant) addressed the Commission and noted that the 17 hot tubs
would average 275 gallons of water per tub, totaling 4,675 gallons. He stated that
the water would be filtered and recirculated. He further noted the 17 showers would
require about 2,500 gallons of water per day.
Commission briefly discussed the membership arrangement. Mr. Quie confirmed that
although membership would be required, they would like to get additional business
from patrons of the hotels in the area. He emphasized .that with a membership
requirement he could control those using the facility and keep it a proper, high
class operation. He stated the club would be open to men and women and the rooms
vary in size from about 12' x 12' to 12' x 20'. He noted that a minimum would be
charged for the use of the room and that one or more persons could use the room.
C. Jacobs expressed concern about legal problems. C. Cistulli felt, based on
Mr. Keyston's reputation, there would not be a problem. Mr. Quie stated he would
have an investment in excess of $150,000 to protect and he would not want to
jeopardize his business. In continuing the discussion on membership, Mr. Quie
stated there is some question about how members would be accepted, and noted they
would like to take advantage of the additional business from hotel patrons.
C. Jacobs asked if an undesirable person came to utilize the facilities or someone
created problems, who would remove them. Would the Burlingame Police be called?
Mr. Quie responded 'yes.' C. Jacobs felt the Commission should receive comments from
the Chief of Police on this. C. Sine asked the terms of the lease. Mr. Quie stated
the lease was for five years with an option for a further three years. There being
no further discussion, Chm. Taylor opened the public hearing.
Len Gordon, Los Angeles, manufacturer of sauna equipment, addressed the Commission
expressing his concern about the Commission's comments relating to the proposed use
and the sexual overtones expressed during the discussion. He stated that whirlpools
are therapeutic devices used by hospitals, prescribed by doctors and therapeutists.
He emphasized whirlpools have a tranquilizing effect rather than a stimulating one.
He spoke in favor of the application. C. Jacobs commented that she is a nurse and
is well aware of the intended uses; however, such a facility in the hands of the
public has been misused in the past and this was her. concern.
Page 13
Burlingame Planning Commission Minutes November 28, 1977
Chm. Taylor observed the main concern is whether this is an appropriate use for this
specific location. Mr. Keyston said that Mr. Quie would have automatic access to
Anza Patrol and unless something were to get completely out of hand the Burlingame
Police Department would not be called. He further stated it was true this type of
facility could be misused and it is up to the management to'see that this is not
permitted. Richard Lavenstein, commercial realtor in Burlingame, addressed
Commission, noting that this location offers great advantages; it is in a commercial
area, it is well policed and it is within walking distance of many hotels. He felt
this was the best location for the proposal and that the concerns could be alleviated
to the greatest extent at this location. There being no further testimony, the public
hearing was closed.
C. Sine questioned the adequacy of parking. C. P. Swan stated that unless it is
specifically reserved he could not say that there is adequate parking. Mr. Keyston
confirmed that parking was available. C. E. Kirkup advised that the water for the
initial filling of the hot tubs would have to come from private sources outside the
area but that maintenance could come from the establishment's water allotment. He
stated that this would be treated as a swimming pool. C. Cistulli felt this was not
a concern; if they could not.get,the water, they would not operate and if they used
an excessive amount, there would be penalty fees. He stated his main concern was
keeping the City clean and agreed that the applicant would protect his investment.
C. Sine moved the application be approved subject to approval by the Police Chief
and with the stipulation that the special permit be issued only to Mr. Quie and not
be transferable. C. Kindig seconded the motion and upon a roll call vote it carried
(4-1), C. Jacobs voting negatively. It was noted that the water requirements were
automatically effective and did not have to be stated in the motion.
10. SPECIAL PERMIT TO OPERATE A.COURIER SERVICE IN THE M-1 DISTRICT; PROPERTY AT
808 BURLWAY ROAD (APN 026-111-120), BY JOHN SWANSON OF LOOMIS COURIER SERVICE,
INC. (APPLICANT) WITH UNIVERSITY REAL ESTATE FUND LTD. (PROPERTY OWNER)
(ND -144P POSTED 11-18-77)
Chm. Taylor read the item. Asst. C. P. Yost briefly reviewed the application,
referring to a letter dated October 21, 1977 from John Swanson of Loomis Courier
Service which described the proposal. (This letter is incorporated in these minutes
by reference.) Mr. Yost noted two points of possible concern: (1) four of the 11
offices leased by Loomis at 808 Burlway Road are presently vacant and additional
employees would probably need additional parking, and (2) if more than four vans
were based at this location there could be a problem as the parking lot is already
full much of the time. Although these concerns are not presently a problem,
Commission should consider a conditional approval with review in six to 12 months.
The public hearing was then opened, and Mr. Swanson, responding to C. Sine's inquiry,
stated the company has been leasing the facilities since 1972, that it was used as
an accounting office until 1975, and it was vacant from 1975 to early 1977. He
added they have been using the facility for this particular type of operation since
early 1977. He confirmed that no money would be handled. Responding to C. Kindig's
questions about parking, Mr. Swanson stated that they did not plan to fill the office
space and did not feel parking would be a problem. There being no public input, the
public hearing was closed.
C. Jacobs moved approval of the application with the stipulation that the operation be
reviewed in 12 months. C. Cistulli seconded the motion and it carried unanimously
upon roll call vote (5-0).
Burlingame Planning Commission Minutes
Page 14
November 28, 1977
11. SPECIAL PERMIT TO OPERATE A QUICK PRINT SHOP IN THE M-1 DISTRICT; PROPERTY AT
1530 GILBRETH ROAD (APN 026-321-490), BY RICHARD HSIEH OF BURLINGAME SUPER PRINT
(APPLICANT) WITH HERBERT HUMBER OF MAHLER GILBRETH PROPERTIES (PROPERTY OWNER)
(ND -145P POSTED 11-18=77)
Chm. Taylor read the item. Asst. C. P. Yost briefly reviewed this application, noting
that a quick print shop is different from a xerox copy center. A special permit is
required because it is a retail business. He noted the applicant proposes to lease
about 1,400 square feet of office area and use about one-fourth as a reception area
and office work space; the remainder would be used for photographic work and printing,
with two employees (one making deliveries of completed work using a stationwagon
rather than a van). There should be adequate on-site parking for both employees
and up to two customers at any one time.
There being no further discussion, the public hearing was opened. There was no public
comment and the hearing was closed.
C. Jacobs moved approval of the above -noted item since there is adequate parking
and no other problems. C. Kindig seconded the motion and it carried unanimously
upon roll call vote (5-0). It was noted that the motion was made specifically to
the applicant and therefore the permit is not transferable.
12. SPECIAL PERMIT TO OPERATE AN AUTO REPAIR SHOP WITH TOWING SERVICE IN THE M-1
DISTRICT; PROPERTY AT 1244 ROLLINS ROAD (PORTION OF APN 026-134-100) BY DONALD
STEIN OF ARC AUTOMOTIVE SERVICE (APPLICANT) WITH KATHLEEN DORE,ET AL (PROPERTY
OWNERS) (ND -146P POSTED 11-18-77)
Chm. Taylor read the item and C. P. Swan briefly reviewed it and updated Commission on
the situation. He stated that he drove to the site and 11 vehicles (most inoperable)
were stored in the easement area. He suggested that this item be continued in the
hope that completion of the improvements can be accomplished.
Mr. Stein was present and answered C. A. Coleman's question about the length of the
operation, how long he has been operating at this location. He stated he had been
renting the property since August with another gentleman, but the partnership was
not working. He explained the circumstances of the partnership and indicated that
much of the problem is with the partner who owns the vehicles. They are leasing on
a month-to-month basis until it is properly paved and marked. Mr. Stein said that
he did not know what inspections have been made of the paving.
Commission felt the property owner could be contacted to help clear up this matter
since much of the problem (cars in the easement) was not the responsibility of Mr. Stein.
This item was continued to the meeting of December 21, 1977.
13. RECOMMENDED TITLE 25 CODE AMENDMENTS (CONTINUED FROM 10-12-77)
This item was removed from the agenda.
V. CITY PLANNER REPORT
14. VARIANCE TO ENLARGE A HOUSE WITH NON -CONFORMING SETBACK AT 110 BLOOMFIELD ROAD
C. P. Swan noted he has heard nothing from Mr. Simmons although work is going along
quickly.
Burlingame Planning Commission Minutes
Page 15
November 28, 1977
C. Kindig asked the status of the procedure on condominium projects. C. E. Kirkup
advised his office was operating as though procedures had been approved. C. Kindig
felt something formal should be done on this.
Commission discussed the length of meetings. Chm. Taylor felt only a certain number
of items should be scheduled and any items beyond that number postponed until time
was available. Commission generally felt it was their responsibility to hear any
applications coming before them and the City could not deny the right of hearing.
It was noted that postponements make a difference in cost of materials and financing.
C. Sine specifically felt that anyone making application has the right to be heard.
Most of the Commissioners felt that extra meetings might be a solution.
C. P. Swan briefly reviewed some upcoming items. One specific item was a proposed
skateboard park on two acres on Airport Boulevard. He noted this would invite people
from all surrounding cities.
An.i(111RNMFNT
There being no further business, the meeting was adjourned at 12:45 A.M.
Respectfully submitted,
Thomas W. Sine
Secretary