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HomeMy WebLinkAboutMin - PC - 1978.10.25CITY OF BURLINGAME PLANNING COMMISSION OCTOBER 25, 1978 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman Jacobs on Wednesday, October 25, 1978 at 7:34 P.M. ROLL CALL Present: Commissioners Mink, Sine, Taylor, Jacobs Absent: Commissioners Cistulli, Francard, Kindig Staff Present: John R. Yost, Assistant City Planner; Jerome F. Coleman, City Attorney; Ralph E. Kirkup, City Engineer MINUTES The minutes of the October 11, 1978 meeting were approved as mailed. APPROVAL OF AGENDA Commissioner Sine moved for approval of the order of the agenda. MEETING ITEMS FOR ACTION City Attorney advised that any action by the Commission must be taken by four affirmative votes. Noting there were only four members present this evening, the applicants were advised of their option to request a continuance. 5. SPECIAL PERMIT TO SELL GROCERIES, BEVERAGES AND SUNDRIES AT THE ARCO SERVICE STATION. 3 CALIFORNIA DRIVE T. T. Clausen of Atlantic Richfield Company requested a continuance; this item was continued to the meeting of November 13, 1978. 1. SPECIAL PERMIT TO DEVELOP A PARKING LOT IN THE R-4 DISTRICT, 112/114 LORTON AVENUE Assistant City Planner Yost reviewed this application to allow Three Cities Assembly of God to develop a parking lot which would involve demolition of an older 3 unit apartment and repaving the cleared portion to accommodate 14 cars in code standard spaces for use by the church and its day care center. Landscaping and street trees will be provided by the applicant. (Reference Staff Report and Project Assessment form dated 10/18/78). Staff recommended approval with five conditions as listed in the staff report. During Commission discussion it was determined that the intent of the suggested 5th condition was to require any future hedge be planted with the root stock not less than 6' from the inside face of sidewalk. Pastor Douglas M. Fairrington was present representing the church. The question of requiring a parcel map to erase lot lines between the several adjacent properties owned by the church was discussed but found to be impractical.at present. Chairman Jacobs opened the public hearing. There were no comments from the audience and the public hearing was closed. Page 2 City of Burlingame Planning Commission Minutes October 25, 1978 Pastor Fairrington confirmed that the church would have no objection to a condition that the parking lot be for the exclusive use of the church and/or the day care center. Commissioner Sine moved for approval of this special permit with the following conditions: (1) that the parking lot be consistent with the site plan date stamped October 17, 1978; (2) that prior to the paving of the lot a landscape and irrigation plan be prepared to the satisfaction of the Park Director; (3) that 4' square openings be made in the concrete surrounding the two existing ginkgo trees on the Bayswater frontage and for any new street trees adjacent to this property; (4) that 5 new street trees be installed at the locations shown on the 10/17/78 site: plan (4 on Lorton Avenue, 1 on Bayswater Avenue), purchase cost and site preparations to be the responsibility of the applicant; (5) that any future fence or hedge planted across the frontage of 112/114 Lorton Avenue be kept back not less than 6' from the inside face of sidewalk; and (6) that the parking lot be for the exclusive use of the church and/or the day care center. Second Commissioner Mink and approved 4-0, Commissioners Cistulli, Francard and Kindig absent. The applicant was advised of appeal procedures and the effective date of this approval. 2. SPECIAL PERMIT TO OPERATE A RACQUETBALL FACILITY IN THE M-1 DISTRICT AT 1600-1638 GILBRETH ROAD Assistant City Planner Yost reviewed this item and referred to the previous application for 15 racquetball courts which had been approved for this location. The present application is to allow 16 racquetball courts, one training court, gymnasium, coffee bar, pro shop and support facilities. He referred to his staf=f report and Project Assessment form dated 10/16/78 detailing the proposal, and noted on-site parking is available in excess of the 3.0/court standard. Fire Department has requested some minor changes to the second floor but had no objection to the general plans. Staff recommended approval with three conditions as listed in the staff report. Kenn Edwards, the applicant, was present and further explained the planned operation, including the Nautilus exercise center and the traditional exercise classes to be held. It was determined the Burlingame Racquetball Club is a California corporation and Mr. Edwards is president of the company. Chairman Jacobs opened the public hearing. There were no audience comments and the public hearing was closed. Commissioner Mink moved for approval of this special permit with the following conditions: (1) that the permit be approved to Burlingame Racquetball Club Inc. and be non -transferable; (2) that the club be consistent with and operate within the times specified by Mr. Edwards in his September 21 and October 13, 1978 letters to the Commission; and (3) that all building improvements be in conformance with the plans date stamped September 28, 1978 and with those specific changes required by the Fire Department. Second Commissioner Sine and approved 4-0, Commissioners Cistulli, Francard and Kindig absent. The applicant was advised of appeal procedures and the effective date of this approval. 3. SPECIAL PERMIT TO OPERATE A RACQUETBALL FACILITY IN THE M-1 DISTRICT AT 1730 ROLLINS ROAD Assistant City Planner Yost reviewed this amended application to an earlier permit for 6 racquetball courts approved June 26, 1978. He referenced his staff report, Project Assessment form dated 10/17/78 and the October 5, 1978 memo from the Chief Fire Inspector which stated there was no objection to the general plans. The new proposal would provide 9 racquetball courts without further exterior changes to the building; on-site parking will meet the recommended guidelines for racquetball courts. Staff recommended approval with 6 conditions as listed in the staff report. Burlingame Planning Commission Minutes Page 3 October 25, 1978 James C. Loustalot, the applicant, was present and advised Commission the proposed easement giving legal access to the tennis courts at the back of the S.P. spur line had been signed and delivered to the City Attorney,for recording. Chairman Jacobs opened the public hearing; there were no comments and the hearing was closed. Commissioner Taylor moved for approval of this special permit, with Jack Bellevue as present property owner, subject to the following conditions: (1) that the permit be approved to Prime Time Racquet Club and be non -transferable; (2) that the club be consistent with and operate within the times specified in the applicant's October 2, 1978 letter to the. Commission; (3) that all building improvements be in conformance with the plans date stamped October 2, 1978; (4) that prior to the approval of a building permit, a landscape and irrigation plan be prepared to the satisfaction of the Park Department; (5) that drain traps be installed in the existing shower rooms; and (6) that no additional tennis courts be constructed without Commission review and approval. Second Commissioner Mink and approved 4-0, Commissioners Cistulli, Francard and Kindig absent. Appeal procedures and the effective date of this approval were noted by Chairman Jacobs. 4. SPECIAL PERMIT TO SERVICE AND STORE CARS IN THE M-1 DISTRICT AT 1007-1015 ROLLINS ROAD Assistant City Planner Yost reviewed this application by Mike Harvey Oldsmobile to service and store cars on property formerly used by the State Department of Transpor- tation for their local corporation yard. He referenced his staff report and Project Assessment form dated 10/18/78 which describe the proposed operation. The October 18, 1978 memo from the Chief Fire Inspector was noted; this memo lists three options in view of the non -conforming conditions at the site and the existing metal buildings. Staff recommended approval with six conditions as listed in the staff report. Mike Harvey, the applicant, was present and informed Commission of his intention within one or two years to redevelop the property to code standards. Chairman Jacobs opened the public hearing. George McCutchen, 1011 Toyon Drive, noted the parking problem in the area at present; although not opposed to the proposal, he wished to be assured there would be on-site parking for employees. There were no further public comments and the hearing was closed. Commission discussed employee parking, the specific building uses proposed, those structures to be removed and future landscaping. There was concern expressed about redevelopment of the property adjacent to a residential area. Commissioner Mink moved for approval of this special permit with the following conditions: (1) that the permit be approved to Mike Harvey of Mike Harvey Oldsmobile and be non -transferable; (2) that the physical changes and improvements to the property be generally consistent with the site plan filed with the City and date stamped October 4, 1978; (3) that the hours of operation of the service facility be limited to 7:30 A.M. to 5:30 P.M. Monday through Friday only; (4) that a landscape and irrigation plan be prepared by the applicant and approved by the City for the first 20 feet of the property adjacent to Rollins Road; (5) that the continued use of the existing metal buildings be reviewed in two years; (6) that at such time this property is redeveloped, the proposed plans be subject to review and approval by the Planning Commission; and (7) that 19 parking spaces be striped on the property and designated for employee parking. Second Commissioner Sine and approved 4-0, Commissioners Cistulli, Francard and Kindig absent. Chairman Jacobs advised the applicant of appeal procedures and the effective date of Planning Commission approval. Burlingame Planning Commission Minutes Page 4 October 25, 1978 6. VARIANCE TO RESUBDIVIDE TWO LOTS, AND INCREASE THE ON-SITE PARKING ON ONE FROM 173 SPACES TO 192, 25% OF WHICH ARE COMPACT CAR SPACES, PROPERTIES AT 1705 AND 1777 MURCHISON DRIVE, BY CALIFORNIA TEACHERS ASSOCIATION Assistant City Planner Yost reviewed this variance application, an amended proposal by California Teachers Association to allow 25% compact spaces in their parking lot at 1705 Murchison Drive. He referenced his staff report, Project Assessment form dated 10/18/78, De Leuw, Cather & Company data with regard to the parking demand at the CTA building (attached to staff report), and October 17, 1978 memo from the Traffic Engineer supporting the proposal for 25% compact spaces. Mr. Yost also noted the June 19, 1978 communication from Penn Foote, Assistant General Counsel of CTA, to Jerry Coleman, Burlingame City Attorney which outlines a possible resolution listing those circumstances under which the variance could either automatically expire or be subject to review and cancellation by the City. Staff recommended approval with two conditions as listed in the staff report, if Commission finds the four legal requirements for granting a variance have been met. Penn Foote of CTA was present but had nothing to add to Mr. Yost's remarks. Chairman Jacobs opened the public hearing. The property manager of the CTA Credit Union advised their prior concerns about ingress and egress had been met and they now approved of the proposal. There were no comments in opposition and the public hearing was closed. During discussion Commission was advised that staff is studying a possible amendment to the Zoning Code for a small car parking standard. Commissioner Mink found exceptional circumstances in that the property functions as both an office building and a public meeting room which adds to the parking need; that to require the existing landscaping to be reduced significantly to provide all full size parking spaces (since CTA employees do not require all such spaces to be full size) for only a few days need during the year was an undue hardship to the applicant; that the applicant is making every effort to increase available on-site parking and at the same time provide open space and retain the beauty of that corner of the City; and that the project is in conformance with the objectives of the General Plan. Commissioner Mink then moved for approval of this variance with the following conditions: (1) that reconstruction of the CTA lot be consistent with the "proposed plan" date stamped October 5, 1978; (2) that the last traffic aisle at the southerly end of the property be made "one way" toward the west, and appropriately marked and posted with "no entry" signs at the westerly end; and (3) that a resolution be prepared by staff to contain the intent of the letter dated June 19, 1978 from Penn Foote, Assistant General Counsel, California Teachers Association. Second Commissioner Taylor and approved 4-0, Commissioners Cistulli, Francard and Kindig absent. City Attorney advised the appeal time for this approval would run to the November 6 City Council meeting; however, Planning Commission action would not become effective until the evening of November 13 after Commission approval of the resolution. 7. TENTATIVE PARCEL MAP TO RESUBDIVIDE 1705 AND 1777 MURCHISON DRIVE FOR CALIFORNIA TEACHERS ASSOCIATION AND HOMESTEAD SAVINGS AND LOAN ASSOCIATION City Engineer Kirkup recommended approval of tentative and final map subject to the effective date of the foregoing variance approval. Engineering recommended a public utility easement be dedicated over Parcel A from Magnolia to Parcel B to provide a shorter distance for a future fire service pipeline. Britt Evans of Homestead Savings and Loan Association was present and advised they were agreeable to this recommendation. Burlingame Planning Commission Minutes Chairman Jacobs opened the public hearing. opposed and the public hearing was closed. Page 5 October 25, 1978 There were no comments in favor or Commissioner Sine moved approval of the tentative and final parcel map with the conditions as outlined in the memo from the Assistant City Engineer dated October 17, 1978. Commissioner Taylor seconded the motion and approved 4-0, Commissioners Cistulli, Francard and Kindig absent. City Engineer advised the tentative map would go to City Council at their next meeting; however, bond for the improvements would be needed before the final map could go to Council. 8. TENTATIVE AND FINAL SUBDIVISION MAP, ANZA AIRPORT PARK BY ANZA SHAREHOLDERS' LIQUIDATING TRUST AND STATE OF CALIFORNIA City Engineer Kirkup advised this map was submitted to combine a 25' strip along the lagoon to the existing lots along Airport Boulevard and to provide dedication for the right of way to the proposed on and off ramp from the freeway to the Anza property. Additional tentative terms of the agreement between Anza and City of Burlingame include: a 35' building setback from the lagoon; 21.25% landscaped area for lots along the lagoon; an agreement that if Bayfront Boulevard is not improved as a street, this street right of way will be resubdivided and the City will be compensated for loss of the street (details to be worked out between City Attorney and the developer); as development takes place, there is need to consider a midpoint access from Airport Boulevard to the 25' lagoon public access strip. With these conditions, approval of tentative and final map is recommended. Chairman Jacobs opened the public hearing. There were no comments and the public hearing was closed. Commissioner Taylor moved approval of the tentative and final subdivision map subject to the conditions set forth in the October 16, 1978 memo from the Assistant City Engineer. Second Commissioner Sine and approved 4-0, Commissioners Cistulli, Francard and Kindig absent. Staff advised this map would now go to City Council for review and action. While awaiting the arrival of John S. Gottsche, permittee and property owner, 1859 Broadway (item #9 on the agenda), Commission moved to Item #10. 10. PROPOSED HEALTH SPA, BURLINGAME AVENUE Assistant City Planner Yost noted letter dated October 10, 1978 from Howard Atkins describing a proposed health spa on Burlingame Avenue. It had been decided by staff to bring this letter to the Commission for a determination as to whether this use is a permitted use in a C-1 zone. Howard Atkins addressed Commission, explaining his communications with staff on this matter. Following discussion between Commission, staff and Mr. Atkins, Commissioner Mink found the described business could be considered under Sec. 25.36.020(22) of the C-1 District Regulations, and recommended Commission set this item for a noticed public hearing on November 13, 1978. Second Commissioner Taylor and all aye voice vote. It was requested that the appropriate City departments review the plans and project proposal and prepare a report for the hearing. 9. REVOCATION OF SPECIAL PERMIT APPROVED MARCH`23, 1970, 1859 BROADWAY, JOHN S. GOTTSCHE (PERMITTEE AND PROPERTY OWNER) fed Assistant City Planner Yost review the history of this matter and referred to his staff report; he noted the issues raised by this revocation hearing, alternative actions Commission might take and explained staff's recommendation that the 1970 permit be revoked. Page 6 Burlingame Planning Commission Minutes October 25, 1978 Mr. and Mrs. John S. Gottsche were present. Mr. Gottsche advised that the second kitchen and other items found by. City staff in the accessory building had been removed. Mrs. Gottsche addressed Commission, discussing her family's recent medical problems -which they believed might be found to be mitigating evidence in this matter. During Commission discussion this special need was found to exist no longer. Chairman Jacobs opened the public hearing; there were no audience comments and the public hearing was closed. Commissioner Sine expressed his feeling that complete removal of the accessory building should be required. Commissioner Taylor felt restoring the building to what it was when Mr. Gottsche made his original application would be a reasonable abatement action. Mr. Yost advised the accessory building had only been constructed after approval of the 1970 special permit. City Attorney pointed out that if Commission required the building be removed, a new building could be located at the same site on the lot with only a building permit. Commissioner Mink favored revoking the special permit and requiring modification of the building so that in future it would only be useful as storage. Based on testimony given, Commissioner Mink moved for revocation of the special permit under Code Sec. 25.16.140 "(3) That the use for which such approval was granted has ceased to exist or has been suspended for one year or more; (and) (4) That the conditional use permit or variance is being, or has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or other regulation'!; with the condition that a resolution be prepared to formally record the Planning Commission's action this evening. Second Commissioner Taylor and approved 4-0, Commissioners Cistulli, Francard and Kindig absent. Commissioner Taylor then moved that the matter of the physical changes to be required for this accessory building be continued until the meeting of November 13, 1978. Second Commissioner Sine and approved 4-0, Commissioners Cistulli, Francard and Kindig absent. Appeal procedures were advised. CITY PLANNER REPORT Announcement was made of the noticed public hearing to be held Wednesday, November 8, 1978 to discuss the Bayfront Plan. It was requested staff contact the City and County of San Mateo at an appropriate time so that they might become involved in discussions regarding the Peninsula Avenue overpass. ADJOI I RNMFNT The meeting was adjourned at 10:35 P.M. Respectfully submitted, John R. Yost Assistant City Planner/ Acting Secretary