HomeMy WebLinkAboutMin - PC - 1978.11.13CITY OF BURLINGAME PLANNING COMMISSION
NOVEMBER 13, 1978
CALL TO ORDER
A regular meeting of the Planning Commission, City of Burlingame was called to order
by Chairman Jacobs on Monday, November 13, 1978 at 7:32 P.M.
ROLL CALL
Present: Commissioners Cistulli, Kindig, Mink, Sine, Taylor, Jacobs
Absent: Commissioner Francard
Staff Present: John R. Yost, Assistant City Planner; Jerome F. Coleman,
City Attorney; Ralph E. Kirkup, City Engineer
MINUTES
The minutes of the October 25, 1978 meeting were approved as mailed.
APPROVAL OF AGENDA
Commissioner Sine moved for approval of the order of the agenda.
MEETING ITEMS FOR ACTION
1. SPECIAL PERMIT TO SELL GROCERIES, BEVERAGES AND SUNDRIES AT THE ARCO SERVICE
STATION, 3 CALIFORNIA DRIVE
Assistant City Planner Yost reviewed this application by Atlantic Richfield Company
to convert the present mechanics bay at this service station to a convenience market.
Th*e gasoline facility would become self-service with customers paying a combined bill
at the central cashier's area. He referenced Project Assessment form dated 10/18/78;
October 5, 1978 memo from the Chief Fire Inspector; October 17, 1978 memo from the
Traffic Engineer; October 3, 1978 comments from the Park Director; and September 25,
1978 letter from Mr. T. T. Clausen, representing the applicant. Staff did not
recommend approval; however, if the permit were approved, five conditions were
suggested in the staff report.
T. T. Clausen addressed Commission, noting the success Atlantic Richfield Company
has had with this type of operation throughout the State. He said their objective
has been to run a clean station with an upgraded appearance and with better income
for their dealers. Colored slides were shown of the present California Drive station
and of a converted station. It was determined that Atlantic Richfield owns this
property, that they attempt to schedule tank truck deliveries in off hours and
that the parking provided is the minimum required by code.
Chairman Jacobs opened the public hearing. There were no audience comments and the
hearing was closed. Secretary Kindig read a letter dated October 20, 1978 from
a nearby property owner, Ray Kliewer, P. 0. Box 530, Burlingame, CA. expressing
opposition to this application. Commission concerns included: a feeling this was
not an appropriate use and a desire to keep gasoline stations out of the retail food
business; the small size of the site; on-site circulation at this difficult corner
with limited parking. Commissioner Sine then moved to deny this special permit. Second
Commissioner Cistulli and motion to deny approved 5-1, Commissioner Taylor dissenting,
Commissioner Francard absent.
Burlingame Planning Commission Minutes Page 2
November 1.3, 1978
2. REVOCATION OF SPECIAL PERMIT APPROVED MARCH 23, 1970, 1859 BROADWAY
This item was delayed pending the arrival of John S. Gottsche, permittee and property
owner.
3. HEALTH SPA, 1105 BURLINGAME AVENUE, PROPOSAL BY HOWARD ATKINS
Assistant City Planner Yost reviewed this proposal to operate a health spa on the
second floor of the building at 1105 Burlingame Avenue. He noted the plans filed
November 2, 1978 for remodeling of the existing rooms, Mr. Atkins' October 10 and
November 9, 1978 letters describing the proposed business and the Chief Fire
Inspector's memo of October 30, 1978 requiring a second legal exit as a condition of
approval. A health spa is not specifically identified in the. C-1 District Regulations
and therefore would come under Code Sec. 25.36.020(22), if Commission determines the
use is similar to those uses permitted in the C-1 District and unlikely to be obnoxious
or detrimental to the neighborhood.
There was considerable discussion between the applicant and Commission and a short
recess was called to allow the applicant time to read the applicable sections of the
code. Mr. Atkins then told Commission he felt Sec. 25.36.020(10) Dancing academy
would be the most applicable. Chairman Jacobs opened the public hearing. There were
no audience comments and the hearing was closed. Mr. Yost advised that surrounding
property owners within a 300 foot radius of the site had been noticed. Commissioner
Mink expressed his view that various features of this proposal are similar to
Sec. 25.36.020, specifically (10) Dancing academy, (6) Barbershop, and (19) store or
shop for the conduct of any retail business . . . (i.e., sale of food under the
direction of a nutritionist as well as T-shirts and other items). He felt an earlier
closing hour might be advisable; Commissioner Cistulli agreed. Commissioner Sine did
not consider this an appropriate use at this location. Commissioner Kindig agreed
and expressed concern about the age of the building and the amount of remodeling
required.
Commissioner Sine moved for denial of the application for a health spa at 1105 Burlingame
Avenue, with the determination that the proposed health spa is not similar in character
to those uses specifically allowed in the C-1 zone. Second Commissioner Cistulli;
motion for denial approved 4-2, Commissioners Mink and Taylor dissenting, Commissioner
Francard absent. The applicant was advised this matter is appealable to the City
Council and appeal date noted.
4. APPEAL OF A DECISION BY THE BUILDING INSPECTOR: PROPERTY AT 516 MARIN DRIVE
City Engineer Kirkup reviewed the history of this appeal by Joseph P. Pennese (reference
his November 10, 1978 memo to Commission). In October 1978, during a final inspection
of a new electrical panel, it was found that the panel had been reinstalled at the
original location, in violation of the Electrical Code which requires the new work
meet current standards (bottom of the panel to be 30" above grade). He noted that
in the past Commission has upheld the Building Department in determinations of this
type, and requested the same finding in this case. Photographs provided by the
applicant were referenced.
Mrs. Pennese was present and advised Commission the main reason they had recessed the
panel in the original opening was for appearance. The appellants propose the panel be
protected by a self-closing and locking steel mesh door (reference letter from J. P.
Page 3
Burlingame Planning Commission Minutes November 13, 1978
Pennese received November 7, 1978). Mrs. Pennese advised that her husband who is an
electrical technician had done the necessary work. It was pointed out by Commissioner
Sine that a licensed electrical contractor would have done the work to present code
standards. City Attorney Coleman noted Code Section 18.08.050 whereby an appeal of
a Building Department decision may be taken to the Planning Commission. Commission
then is the final authority on whether an alternate type of construction would be
suitable. During discussion City Engineer Kirkup stated the main reason for the 30"
height was for the safety of small children; the Fire Department prefers this height
for ease of emergency disconnect and standard location on every building; the utility
company also requests an approximate 4' height for ease of reading.
Chairman Jacobs opened the public hearing. There were no comments and the hearing
was closed. Commissioner Taylor stated his belief that the appellants had considered
the objectives of the ordinance and had provided a reasonable alternative. Commissioner
Sine moved that the determination of the Building Inspector be sustained and the
application for variance at 516 Marin Drive be denied. Second Commissioner Kindig;
motion approved 4-2, Commissioners Taylor and Mink dissenting, Commissioner Francard
absent. It was confirmed that this decision of the Planning Commission is not appealable.
5. RESOLUTION NO. 6-78 GRANTING PARKING VARIANCE TO CALIFORNIA TEACHERS ASSOCIATION
FOR THE PROPERTY AT 1705 MURCHISON DRIVE
Staff commented that this resolution incorporates Commission findings at its October 25,
1978 meeting. Commissioners Cistulli and Kindig who were not present at the public
hearing were advised by the City Attorney to abstain. Commissioner Mink moved for
adoption of Resolution 6-78; second Commissioner Taylor and approved 4-0-2,
Commissioners Cistulli and Kindig abstaining, Commissioner Francard absent.
6. FINAL SUBDIVISION MAP FOR 15 CONDOMINIUM UNITS, 1209 OAK GROVE AVENUE
City Engineer Kirkup advised the three conditions of tentative map approval have been
met, this condominium is nearing completion and staff recommends final map approval.
Commissioner Taylor moved for approval of this final subdivision map. Second
Commissioner Sine and approved 5-1, Chairman Jacobs dissenting, Commissioner Francard
absent.
6B. FINAL CONDOMINIUM SUBDIVISION MAP, 1421 EL CAMINO REAL
City Engineer Kirkup advised that conditions of tentative map approval have been met.
He recommended approval. Commissioner Taylor moved for approval of this final
condominium subdivision map; second Commissioner Mink and approved 6-0, Commissioner
Francard absent.
COMMUNICATIONS
7. CENTURY 21 REAL ESTATE ACADEMY, 1799 BAYSHORE HIGHWAY: LETTER DATED 11/7/78
FROM RICHARD J. LOUGHLIN
Assistant City Planner Yost reviewed the special permit granted Century 21 on October 27,
1976 for a period of two years. He referenced November 7, 1978 letter from Richard J.
Loughlin requesting an extension of this special permit. Staff recommended approval
for a further two years with review at the end of that period. During discussion
Mr. Yost advised the City had no knowledge of any parking problems at that location.
Bob Hoyt was present to represent Century 21. He told Commission that the company
plans no change in its present operations.
Page 4
Burlingame Planning Commission Minutes November 13, 1978
Commissioner Taylor moved that the special permit granted Century 21 to conduct real
estate license and sales training classes (approved by Commission October 27, 1976
and effective November 2, 1976) be extended for a period of two years. Second
Commissioner Mink and approved 6-0, Commissioner Francard absent.
8. DOLLAR RENT -A -CAR SYSTEMS, 1815 BAYSHORE HIGHWAY: LETTER DATED 11/6/78 FROM
WILLIAM WRISTEN
Assistant City Planner Yost referenced November 6, 1978 letter from William Wristen,
Regional Manager, Dollar Rent-A-Car Systems, Inc., requesting a 12 month deferment
for conditions 4, 5 and 7 of the special permit granted January 23, 1978. Staff
suggested a three month deferment with report back to Commission the first meeting
in February, 1979.
Commissioner Cistulli stated his concern that the business had been operating since
February this year without complying with all conditions imposed by Commission.
Mr. Wristen was present and explained why certain conditions had not been met. He
also advised of the purchase of 21 acres on Cowan Road where they plan to build a
new car rental service center. When this is accomplished they will take care of
the earlier condition requiring a car wash system to recycle wash water as well as
employee parking on-site; however, the auto transport unloading problem may still
exist.
Commissioner Taylor moved that the special permit granted on January 23, 1978 be
amended to defer for 90 days from this date (November 13, 1978) Conditions #4, #5
and #7• Second Commissioner Mink and approved 6-0, Commissioner Francard absent.
Staff was directed to report back to Commission in early February. A recess was
called at 9:40 P.M.; meeting reconvened at 9:50 P.M.
MEETING ITEMS FOR STUDY
9. AUDIO/VISUAL RECORDING STUDIO WITH LIVE PUBLIC ENTERTAINMENT SEVERAL EVENINGS
EACH WEEK, 1157 CALIFORNIA DRIVE: DETERMINATION BY COMMISSION WHETHER THESE
USES ARE SIMILAR TO THOSE USES PERMITTED IN EITHER C-1 OR C-2 DISTRICTS
10. 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 to use the old Encore Theater for an
audio/visual recording studio with some live public entertainment. Reference was made
to Project Assessment form dated 11/2/78 and November 13, 1978 letter from Charles M.
Salter Associates, acoustical consultants. Commission requested the following:
zoning district boundaries to be shown on Sheet 9 of the plans; statement by the
applicant showing compatibility of this use with permitted uses in the C-1 and C-2
zones. Items set for hearing November 27, 1978•
ACTION ITEM
2. REVOCATION OF SPECIAL PERMIT APPROVED MARCH 23, 1970, 18.59 BROADWAY; JOHN S. GOTTSCHE
(PERMITTEE AND PROPERTY OWNER)
Assistant City Planner Yost referred to the October 25, 1978 Commission minutes at which
time the 1970 special permit to use a detached building as a family room was revoked;
Burlingame Planning Commission Minutes Page 5November 13, 1978
he noted that the matter of possible physical changes to this accessory building
was continued to this evening's hearing. City Attorney confirmed that Commissioners
Cistulli and Kindig (absent at the October 25 hearing) could vote on this item since
they had read the minutes of that meeting.
Commissioner Mink felt the improvements should be limited to those which would be
allowed with a building permit only. Chairman Jacobs believed the present building
could be used for storage and should not be completely removed. Commissioner Sine
favored complete removal. Commissioner.Taylor stated his agreement with Commissioner
Sine and thought the property should be restored to its condition at the time the
special permit application was made. Commissioner Kindig determined, in discussion
with staff, that a recorded resolution would put a future buyer on notice as to the
permitted use of this accessory building.
Commissioner Taylor moved that this property be restored to its condition at the time
of the 1970 application for a special permit. Second Commissioner Sine. Motion
failed to pass on the following roll call vote: Ayes - Commissioners Cistulli,
Sine and Taylor; Nayes - Commissioners Kindig, Mink and Jacobs; Absent - Commissioner
Francard. City Attorney noted that this vote allows the accessory building to remain
with its present bathroom and clothes cupboard.
Commissioner Mink then moved for adoption of Resolution No. 7-78 Revoking Special
Permit to Allow a Family Room in an Accessory Building at 1859 Broadway (as per
draft submitted this evening with renumbering of the last two paragraphs). Second
Commissioner Cistulli and approved 5-1, Commissioner Sine dissenting, Commissioner
Francard absent.
STUDY ITEMS
11. VARIANCE TO REMODEL 2,850 SF OF WAREHOUSE SPACE INTO OFFICE SPACE IN A BUILDING
WITH SUBSTANDARD PARKING, 860 STANTON ROAD BY CURLEY-BATES COMPANY
Assistant City Planner Yost reviewed this application for variance from parking
requirements and the two alternative plans submitted. He referenced Project Assessment
form dated 11/2/78 and October 26, 1978 letter from the applicant. Item set for hearing
November 27, 1978.
12. SPECIAL PERMIT TO CONSTRUCT AN OFFICE BUILDING, 1440 CHAPIN AVENUE BY ANNCO
PROPERTIES
Assistant City Planner Yost reviewed this application which would involve demolition
of a dry cleaning establishment and the house next door in order to construct a
47,400 SF office building 42'-6" high in the Burlingame Avenue Off -Street Parking
District. Applicant confirmed that test borings had been made. Item set for hearing
November 27, 1978.
13. SPECIAL PERMIT TO OPERATE AN AUTOMOTIVE REPAIR SHOP IN THE M-1 DISTRICT AT
1049 BROADWAY, BY GARBIS S. BEZDJIAN OF THE DIP STICK
Assistant City Planner Yost reviewed this application for an automotive repair shop
in a location previously approved by Commission for a lubrication shop only. The
Project Assessment form dated 11/3/78 identifies concerns of staff. Commission
requested comments from the Traffic Engineer. Item set for hearing November 27, 1978•
Burlingame Planning Commission Minutes
Page 6
November 13, 1978
14. SPECIAL PERMIT TO OPERATE GYMNASTICS AND FITNESS CLASSES IN THE M-1 DISTRICT
AT 1249 ROLLINS ROAD, BY ANN MORI- AND C. J. REID OF PENINSULA SPORTS CENTER
Assistant City Planner Yost reviewed the details of :this application to relocate the
Peninsula Sports Center as contained in Project Assessment form dated 11/3/78. It
was suggested the applicant be asked where staff would park. Item set for hearing
November 27, 1978.
OTHER BUSINESS
15• RPC'S BAYFRONT PLANNING POLICIES: COMMISSION REVIEW/ACTION REQUESTED BY COUNCIL
Staff advised of Council request that Commission review RPC Resolution 19/8-4, Bayfront
Planning Policies, and determine whether it is in accord with Burlingame's plans and
policies. David Keyston, Anza Shareholders' Liquidating Trust, addressed Commission,
asking that the City not encourage a duplication of what Burlingame has already done
in its extensive studies of the Bayfront. Commissioner Sine agreed and noted the
pioneering of Burlingame in this regard. Commissioner Mink supported the spirit of
the proposal but not the proposal itself and suggested the County be encouraged
to utilize plans and studies that are currently available in the cities. Commission
concurred with Commissioner Mink's statements.
16. POLICY ON PARCEL MAP AND SUBDIVISION MAP PROCEDURES
City Engineer Kirkup suggested an ordinance change to simplify parcel map procedure,
i.e., after Planning Commission has taken action on the tentative map, all future
action be handled at staff level except for City Council approval of the final map.
Engineering staff could ensure that the conditions imposed by Commission were met
before the final map is put on the Council agenda. It was also suggested Planning
Commission signatures on the final map be omitted. Commission agreed to support
this proposed ordinance change.
17. SPECIAL PERMIT TO CONSTRUCT A 4 STORY OFFICE BUILDING, 35 BAYVIEW PLACE
Assistant City Planner Yost referenced the Project Assessment form dated 11/3/78
and other material circulated to Commission for this 106,000 SF office building
proposed by Raiser Architectural Group. The CEQA procedures required for this project
were also explained.
18. PROJECT DEVELOPMENT CHARGE. BAYFRONT AREA
City Engineer Kirkup reported that draft charges are being worked on and could
possibly be presented to Commission at its next meeting. He also advised that the
City Council had directed staff and Planning Commission to develop a procedure so
that the traffic capacity would not be exceeded in the Bayfront area. This study is
expected to consume a great deal of staff's time for the balance of 1978, and it was
recommended that the following items on tonight's agenda be tabled to give priority
to Council's directive: (19) Draft Housing Element of the General Plan; (20) Accessory
buildings in residential districts; (21) Code standards for hot tubs. It was
Commission consensus the Bayfront study should take top priority.
22. RESOLUTION COMMENDING JOHN CALWELL UPON HIS RETIREMENT
This resolution was approved and signed by all Commissioners, and will be sent to
Mr. Calwell.
Burlingame Planning Commission Minutes
Page 7
November 13, 1978
23. FAIR SHARE HOUSING ALLOCATION PLAN FOR THE BAY AREA: OCTOBER 19, 1978 LETTER
FROM DEPARTMENT OF HOUSING -AND COMMUNITY DEVELOPMENT
This letter which deals with plans to discuss basic plan components of a Fair Share
Housing Allocation Plan for the Bay Area was acknowledged.
PETITION RECEIVED FROM THE BURLINGAME GATE IMPROVEMENT CLUB
Chairman Jacobs acknowledged this petition with 66 signatures from the residents on
Oxford, Cambridge and Highway Roads requesting the City amend the Zoning Code to
make a 40 foot setback mandatory in this area, as stated in their deed restrictions.
There was Commission consensus this request would require that the Zoning Ordinance
be reviewed in light of the General Plan's policies; until such review can be made,
the responsibility for the deed restrictions rests with the property owners. Staff
was requested to respond to the Burlingame Gate Improvement Club.
an_InIIRNMFNT
The meeting adjourned at 11:37 P.M.
Respectfully submitted,
Everett K. Kindig
Secretary