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HomeMy WebLinkAboutMin - PC - 1978.11.27CITY OF BURLINGAME PLANNING COMMISSION NOVEMBER 27, 1978 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman Jacobs on Monday, November 27, 1978 at 7:38 P.M. ROLL CALL Present: Commissioners Cistulli, Kindig, Mink, Sine, Jacobs Absent: Commissioners Francard (excused); Taylor (excused) Staff Present: John R. Yost, Assistant City Planner; Jerome F. Coleman, City Attorney; Ralph E. Kirkup, City Engineer; Fire Chief 0. Fred Fricke (in the audience) MINUTES The minutes of the November 13, 1978 meeting were approved as mailed. APPROVAL OF AGENDA Order of the agenda was approved. MEETING ITEMS FOR ACTION 1. VARIANCE TO ADD A BEDROOM AND HOBBY ROOM AND EXTEND AN EXISTING HOUSE TO WITHIN 12'-5" OF THE REAR PROPERTY LINE, 1105 DUFFERIN AVENUE, BY R. R. MILLER Assistant City Planner Yost review this proposed addition; a previous application in 1977 had been denied by the Planning Commission and, upon appeal, denied without prejudice by the City Council. Documents referenced were: staff report dated 11/20/78; Applicant's Affidavit for Variance and his November 12, 1978 letter with attached drawings. Staff believed this a better design; approval was recommended. R. R. Miller was present; it was his feeling this new plan would be adequate for his needs. Chairman Jacobs opened the public hearing. There were no comments in favor or opposed and the public hearing was closed. During discussion it was confirmed the proposal meets all code requirements except a 21' encroachment into the required 15' rear yard. Commissioner Mink found there was a hardship in the minimum lot size and the need for additional space for Mr. Miller's larger family; that the variance was necessary for the applicant to fully enjoy his property rights; that it would not be detrimental or injurious to adjacent property owners; and that it would not adversely affect the General Plan of the city. Commissioner Mink then moved for approval of this variance with the single condition that the addition be constructed in general conformance with the drawings submitted with the application. Second Commissioner Sine and approved 5-0, Commissioners Francard and Taylor absent. The applicant was advised of appeal procedures. City Attorney Coleman confirmed to Chairman Jacobs that four votes were needed for approval of all items this evening. Burlingame Planning Commission Minutes November 27, 1978 Page 2 2. AUDIO/VISUAL RECORDING STUDIO WITH LIVE PUBLIC ENTERTAINMENT SEVERAL EVENINGS EACH WEEK, 1157 CALIFORNIA DRIVE: DETERMINATION WHETHER A RECORDING STUDIO AND ITS ASSOCIATED PUBLIC PERFORMANCES ARE SIMILAR TO THOSE USES PERMITTED IN EITHER THE C-1 OR -C-2 DISTRICTS 3. VARIANCE TO REESTABLISH A USE IN A NON -CONFORMING BUILDING WHICH HAS 98 PARKING SPACES FEWER THAN REQUIRED BY CODE, 1157 CALIFORNIA DRIVE, BY TERRY MERRITT OF ENCORE PRODUCTIONS Assistant City Planner Yost reviewed this proposal by Terry Merritt of Encore Productions to operate a professional audio-visual recording studio on weekdays in the old Encore Theater, with live recording before an audience of up to 655 persons several evenings each week. This use is not specifically identified in either the C-1 or C-2 zoning district regulations; therefore, it would fall under Code Sec. 25.38.020(22). if the necessary findings can be made. Documents referenced: staff report dated 11/22/78; Project Assessment form revised 11/22/78; November 6 and November 22, 1978 letters from Terry Merritt; November 22, 1978 memo from the Director of Public Works; August 17, 1978 memo from the Chief Fire Inspector with November 13, 1978 response to Fire Department concerns from Jerry L. Deal, architectural designer for the project; November 13, 1978 letter from Charles M. Salter Associates, Inc., acoustical consultants; drawings submitted by the applicant and amended Sheet 9; November 27, 1978 letter from the applicant (distributed this evening) which further addresses the parking situation; and a supportive document received 11/27/78 signed by 49 business persons in the Broadway/Burlingame area. Staff recommended a determination be made to allow the proposed use of this property and, if the variance is approved, seven conditions for approval as listed in the staff report dated 11/22/78. A further condition was suggested, that review be required after 6 months of Encore Production's opening. Assistant City Planner Yost advised that all property owners within 300 feet of the site had been noticed (41) and an additional 147 notices were mailed to residences in the nearby area. Secretary Kindig read a letter dated November 22, 1978 from Robert E. Barnes, 1128 Chula Vista Avenue, in opposition to this application. Terry Merritt addressed Commission, supporting his contention that the use was similar in character to other uses in the area and that it would not be obnoxious or detrimental to the neighborhood. He illustrated his remarks with a slide presentation. It was the applicant's belief that the 12 spaces in his parking lot would be sufficient for the daytime needs of the recording studio; he felt the bulk of the evening parking could be accommodated in the public parking lots across the street, and that the residential areas would be virtually unaffected. Mr. Merritt discussed his plans fort mproving the building visually, as well as interior alterations. Chairman Jacobs opened the public hearing. Richard Robles, 1208 Sanchez Avenue, Burlingame spoke in favor, stating his feeling this enterprise would be a benefit to the community and provide entertainment for its young people. Dan Dowrick, 1353 De Soto Avenue, Burlingame spoke in favor of bringing an entertainment establish- ment to Burlingame. There were no comments in opposition and the public hearing was closed. There was considerable discussion between Commission, the applicant and staff. Commissioner Sine approved of the use at this location, if it were merely a daytime recording studio. The parking problem with nighttime entertainment sessions was a great concern and he cited the problems encountered at the Circle Star Theater; he stated he did not want parking to occur in the R-1, R-2 and R-3 districts and questioned how this could be controlled. Burlingame Planning Commission Minutes Page 3 November 27,-1978 Chairman Jacobs stated her concern about traffic, pedestrian crossings and hours of operation. Commissioner Cistulli objected to the location, but not the use itself. He expressed concern over patrons of the theater filling up the public parking lot and possible littering. He also felt police protection would be needed, especially with left hand turns into the parking lot. Commissioner Mink found the use compatible with the zone. He felt the question of noise leakage could be solved. He did not object to Encore patrons using the parking lot across the street but did have concern regarding pedestrian traffic crossing California Drive; he suggested inspections to determine if the pedestrian and auto traffic at opening and closing hours of the evening performances was detrimental or obnoxious. If found to be so, the applicant could be required to return to the Commission with a traffic control plan, the solution to be at the applicant's expense. Commissioner Kindig agreed in general with Commissioner Mink's remarks. Assistant City Planner Yost pointed out that the proposed public entertainments would require an Amusement License from City Council, with regular review. The applicant requested the proposal be given a trial and, if problems developed, the city could revoke the Amusement License. Commissioner Mink moved that the Planning Commission determine the proposal is similar to the permitted uses in C-1 or C-2 Districts, and that it be allowed, with proper control of pedestrian and vehicular traffic and parking, in order not to be obnoxious or detrimental to the neighborhood. Second Commissioner Kindig; motion failed to pass on a 3-2 vote, Commissioners Cistulli and Jacobs dissenting, Commissioners Francard and Taylor absent. The applicant was advised of appeal procedures. With regard to the variance application, the City Attorney requested Commission take action rather than table. Commissioner Mink stated he was satisfied the legal requirements had been met by the applicant and moved that the variance to reestablish a use in a nonconforming building which has 98 parking spaces fewer than required by code at 1157 California Drive be approved with the following conditions: (1) that the variance be approved to Terry Merritt of Encore Productions, Inc. and be non -transferable; (2) that the operation of Encore Productions be consistent with the November 6, 1978 letter from Terry Merritt, and that public performances be specifically limited to the period between 7:30 P.M. and 1:00 A.M.; (3) that all interior improvements to the Encore Theater be consistent with those plans date stamped November 2, 1978; (4) that the seven fire protection measures identified in the November 13, 1978 letter from Jerry L. Deal be completed before any public entertainments be held; (5) that acoustic testing of the theater be completed as described in the November 11, 1978 letter from Charles M. Salter Associates, Inc., and a copy of the report be filed with the City; (6) that acoustic improvements described in the November 6, 1978 letter from Terry Merritt be made to the building, and sound levels at the property line not exceed 3 dBA above ambient levels during performances and practice sessions; (7) that a parcel map to combine lots 3, 4 and NWLY 10' of Lot 5 (forming Assessor's Parcels 026-191-030/040) be filed, approved and recorded within four months of the approval of this application; (8) that the issuance of an entertainment license be contingent upon the applicant's ability to satisfy the Traffic Engineer and Police Chief that adequate vehicular and pedestrian safety and parking is being maintained. Second Commissioner Kindig; motion failed to pass on a 2-3 vote, Commissioners Cistulli, Sine and Jacobs dissenting, Commissioners Francard and Taylor absent. Appeal procedures were advised. A short recess was called at 9:32 P.M.; meeting reconvened at 9:45 P.M. 6. SPECIAL PERMIT TO OPERATE AN AUTOMOTIVE REPAIR SHOP AT 1049 BROADWAY BY GARBIS S. BEZDJIAN OF THE DIP STICK Attorney for the applicant appeared to request a continuance. Commission continued this item to the meeting of January 8, 1979. Page 4 Burlingame Planning Commission Minutes November 27, 1978 4. VARIANCE TO REMODEL 2,850 SF OF WAREHOUSE SPACE INTO OFFICE SPACE IN A BUILDING WITH SUBSTANDARD PARKING AT 860 STANTON ROAD, BY CURLEY-BATES COMPANY Assistant City Planner Yost reviewed this application to convert warehouse space to office use. He noted two alternative parking plans presented by the applicant: Plan A for 43 cars with 100% substandard spaces; Plan B for 35 cars with 91% substandard spaces. Documents referenced: staff report dated 11/22/78; Project Assessment form revised 11/22/78; October 26, 1978 and November 20, 1978 letters from William R. Benevento, Vice President of Curley -Bates; November 22, 197& memo from the Traffic Engineer; November 22, 1978 memo from the Director of Public Works; and November 2, 1978 memo from the Chief Fire Inspector. Staff did not recommend approval; however, the applicant had stated he would be amenable to a recorded resolution stating the variance would be subject to review and possible cancellation if the property were sold. If approved, staff recommended six conditions as listed in the staff report dated 11/22/78. George Sheldon, President of Curley -Bates, told Commission it would be a great hardship to continue in business in Burlingame if the variance were not approved. He did not feel the proposal would adversely affect anyone, his own employees or neighboring properties. Hubert McDanieli, Design Consultant and William R. Benevento, Vice President of Curley -Bates were also present. Mr. Benevento advised he did not anticipate more than 35 employees at 860 Stanton Road over the next 10 years; with advanced computer technology it was expected the company could increase its volume of business and still maintain its present service level with fewer employees. Most employees arrive in the morning and remain all day, with very few customers coming to this location. Mr. Benevento stated the company was prepared to accept all conditions proposed by staff and also offered to seal up the northeasterly door near an unused loading area where a parking space is proposed. Chairman Jacobs asked that the record show a letter dated November 21, 1978 had been received from Robert H. Brown, 840 Hinckley Road urging approval of this application. The public hearing was opened. There were no audience comments and the public hearing was closed. Assistant City Planner Yost told Commission the Traffic Engineer had advised that with supervision and proper management Plan B could be made to work, although it was not recommended. He also advised that no specific complaints regarding this company had been received by staff. Commissioner Mink found exceptional circumstances in that this pre-existing building had been constructed prior to establishment of present code parking standards; that the variance was necessary to preserve the use of this building by the present property owner; that it would be a hardship to relocate or drastically modify the building; that this type of business is precisely the type of use the M-1 zone was designed for; and that the proposal would be consistent with the General Plan of the city. Commissioner Mink then moved that this variance be approved with the following conditions: (1) that the variance be approved to Curley -Bates Company and be non- transferable; (2) that all interior construction be consistent with those plans date stamped October 26, 1978; (3) that reconstruction of the parking lot be consistent with Scheme B (35 on-site parking spaces); all parking spaces to be striped and those spaces less than 20' in length to be marked "compact car only" (14 of the 35 total); (4) that the northeasterly truck loading dock door be permanently closed; (5) that not more than 35 persons be employed on this property at any one time, and that Curley -Bates Company notify the Planning Department staff of the number of employees at this site on each anniversary date of this variance; and (6) that a resolution be prepared, to the satisfaction of the City Attorney, which identifies those circumstances when this variance shall be subject to review and possible cancellation by the City, at which timethe Curley -Bates Company would remove all improvements inthe warehouse Burlingame Planning Commission Minutes portion of this building proposed by this recorded by the City. Second Commissioner Francard and Taylor absent. Page 5 November 27, 1978 application; the resolution then to be Cistulli and approved 5-0, Commissioners 5. SPECIAL PERMIT TO CONSTRUCT A 47,600 SF OFFICE BUILDING 42'-6" HIGH IN THE BURLINGAME AVENUE OFF-STREET PARKING DISTRICT, 1440 CHAPIN AVENUE, BY ANNC.O PROPERTIES Assistant City Planner Yost reviewed this application to construct an office building in the Burlingame Avenue Off -Street Parking District. Documents referenced: staff report dated 11/20/78; Project Assessment form revised 11/20/78; statement from the applicant received 11/1/78; square footage and parking requirement figures received 11/14/78; November 17, 1978 memo from the Traffic Engineer; November 2, 1978 memo from the Chief Fire Inspector; November 21, 1978 letter from Mark Coffey, architect for the project, responding to Fire Department concerns. The project, as designed, will provide 155 off-street parking spaces, 46 more spaces than the minimum code requirement. Staff recommended approval with the four conditions listed in the staff report dated 11/20/78. Mark Coffey, architect for Annco Properties was present. He advised that due to a soils report which found water at 8' below grade, the lowest level of parking might be eliminated in final construction (reducing parking provided to 135 spaces). Chairman Jacobs opened the public hearing. Lawrence J. Horn, 405 Primrose Road spoke in favor of this application, especially in view of the parking being provided. Arthur Dudley, 1009 California Drive recommended approval. Commissioner Sine conveyed a statement from Michael Brubaker, Vice President of Northern California Savings and Loan, 1430 Chapin Avenue, who was unable to attend. Mr. Brubaker had seen the plans and felt this office building would be a welcome addition to Chapin Avenue. Noel Frelicot who owns property on Chapin Avenue also spoke in favor, especially in view of the parking being provided. Earl Garrison,. 1445 Bellevue Avenue, directly behind the site, questioned staff about the height of the building at the rear. Plans were shown to him and staff advised the height at the rear property line would be approximately 33'. There were no further audience comments and the public hearing was closed. Commissioner Sine determined the applicant would have no objection to a "right turn only" sign adjacent to the exit driveway. Commissioner Sine then moved for approval of this special permit with the following conditions: (1) that a parcel map to join the several separate lots thatform this property be approved by the City and recorded prior to the issuance of a building permit; (2) that all construction and site improvements be in conformance with the plans date stamped November 9, 1978; (3) that on-site parking shall include not less than 135 spaces; (4) that prior to the approval of a building permit, a landscape and irrigation pian be prepared to the satisfaction of the City; (5) that the parking be signed with "right turn only" at the exit. Second Commissioner Cistulli and approved 5-0, Commissioners Francard and Taylor absent. The applicant was advised of appeal procedures. 7. SPECIAL PERMIT TO OPERATE GYMNASTICS AND FITNESS CLASSES IN THE M-1 DISTRICT, 1239 ROLLINS ROAD, BY ANN MORI AND C. J. REID OF PENINSULA SPORTS CENTER Assistant City Planner Yost reviewed this application to operate gymnastics and fitness classes in the M-1 District. Documents referenced: staff report dated 11/2//78; Project Assessment form revised 11/22/78; letter of explanation dated October 20, 1978 from Ann Mori; November 19, 1978 letter from Ann Mori regarding parking and the movement of traffic in this area; November 14, 1978 memo from the Traffic Engineer; Burlingame Planning Commission Minutes Page 6 November 27, 1978 November 22, 1978 memo from the Director of Public Works. In view of traffic and parking concerns, staff recommended denial; however, if Commission approved this application, four conditions were recommended as listed in the staff report. Ann Mori addressed Commission at length, telling of her many years experignce with this program and its benefits to the community. She believed the location to be an improvement over her previous one, i.e., a building that would lend itself well to the program and which is closer to public transportation. She detailed a traffic survey she had conducted of traffic patterns at the intersection of Rollins Road and Broadway during the proposed hours of operation, and addressed concerns of staff regarding left turns from Rollins Road into Whitethorn Way. She said she had also found the major portion of her business was arriving from the north along Rollins Road. She would be amenable to renting more parking spaces than those proposed if parking became a prbblem, but felt any change in her hours of operation would be difficult as the program is for school age children. During Commission discussion it was determined it would be possible to request parents to travel south on Rollins Road and make a right turn into Whitethbrn Way. The public hearing was opened. There were no comments and the public hearing was closed. Commissioner Kindig moved that this special permit be approved with the following conditions: (1) that the permit be approved to Ann Mori and C. J. Reid of Peninsula Sports Center and be non -transferable; (2) that the hours of operation be as described in Ann Mori's letter dated October 20, 1978; (3) that a review of parking spaces required be brought back to Commission after a period of six months and, if additional spaces are needed, Ann Mori be required to provide same. Second Commissioner Mink and approved 5-0, Commissioners Francard and Taylor absent. Appeal procedures were advised. 8. SPECIAL PERMIT TO DEVELOP A PARKING LOT IN THE 11=3 DISTRICT, 1188 EL CAMINO REAL, . BY HOME SAVINGS AND LOAN ASSOCIATION Assistant City Planner Yost reviewed this application which Commission had continued on 9/11/78 for further study of two issues: ingress and egress on El Camino Real and the possible future relationship between this parking lot and the city lot adjacent to the Post Office on Capuchino. Subsequently it was discussed with City Council, alternative sketches were prepared and meetings held with staff. On November 15 City Council agreed in principal to four conditions as listed in the staff report to Commission dated 11/20/78. Reference was made to Project Assessment form revised 11/20/78; staff recommended approval with nine conditions as listed in the staff report. Frank Homolka, architect for Home Savings and Robert H. Compton, Real Estate Consultant of Home Savings were present. During discussion Mr. Homolka confirmed Home Savings was agreeable to having their lot open for public parking during those hours when the savings and loan office is closed; signs would be erected indicating those hours. Clay Engineer.Kirkup confirmed the,proposed parking lot would be graded down from E1 Camino to the existing city lot and the present retaining wall would be removed. It was noted the plan has been designed to discourage exiting on E1 Camino Real. Commissioner Sine requested that item #4 of the recommended conditions add installed to City and State of California specifications . . ." The public hearing was opened. Everett Stark who owns property on Capuchino adjoining the city parking lot asked about the proposed connection between the two lots. Tracy W. Hamann, Burlingame Planning Commission Minutes Page 7 November 27, 1978 1136 El Camino Real, questioned the environmental conditions which might be produced during construction of the new building; he was also told the height of the building would be approximately 30 feet. There were no further audience comments and the public hearing was closed. Commissioner Mink suggested discussion with the State concerning the possibility of a double double line on E1 Camino to avoid left into the parking lot. turns Commissioner Mink then moved this special permit be approved with the following conditions: (1) that, construction of the Home Savings and Loan office and parking lot be consistent with those plans date stamped November 21, 1978; (2) that ingress only be permitted to the parking lot from E1 Camino Real; egress from the lot to be via the City's parking lot on Capuchino Avenue; (3) that a 10' wide highway dedication along the entire El Camino frontage of Lots 27, 28, 29 and 30 be made to the City of Burlingame; (4) that all street, gutter, curb and sidewalk improvements along the El Camino frontage be installed to City and State of California specifications at applicant's expense; (5) that landscaping and irrigation plans be approved by the City for this property prior to the issuance of a Building Permit; (6) that the existing underground gasoline tanks be either removed or filled with concrete as specified by the September 11, 1978 memo from the Chief Fire inspector; (7) that a parcel map to join the several separate lots that form this property be approved by the City and recorded prior to the issuance of a Building Permit; (8) that the Home Savings and Loan parking lot be open and available to the: general public during those hours each week when the Savings and Loan office is closed; and (9) that the location.:and design of the temporary modular building to be placed on this property, at the request of Home Savings and Loan to conform with State banking requirements, be subject to review and approval by the City; the use of this temporary building to be allowed only until the permanent office is open, or for a period of one year from its installation, whichever occurs first. Second Commissioner Cistulli and approved 5-0, Commissioners Francard and Taylor absent. ADJOURNMENT The meeting adjourned at 11:35 P.M. Respectfully submitted, Everett K. Kindig Secretary