HomeMy WebLinkAboutMin - PC - 1978.10.11CITY OF BURLINGAME PLANNING COMMISSION
OCTOBER 11, 1978
CALL TO ORDER
A regular meeting of the Planning Commission, City of Burlingame was called to order
by Chairman Jacobs at 7:37 P.M.
ROLL CALL
Present: Commissioners Cistulli, Jacobs, Mink, Sine, 'Taylor
Absent: Commissioners Francard (excused), Kindig (necessarily absent)
Staff Present: John R. Yost, Assistant City Planner; Ralph E. Kirkup, City
Engineer; Jerome F. Coleman, City Attorney
MINUTES
The minutes of the September 25, 1978 meeting were approved with the following
correction: on page 3, item #5, second paragraph, last line, change 1978 to "1979".
APPROVAL OF AGENDA
Commissioner Sine moved for approval of the order of the agenda.
MEETING ITEMS FOR ACTION
1. VARIANCE TO ENLARGE AND ENCLOSE AN EXISTING PORCH AT 934 PALOMA AVENUE BY
ALINE BIER
Assistant City Planner Yost reviewed this application to enclose an existing porch on
a house with substandard rear yard and side yards. He referenced his staff report,
applicant's affidavit for variance, site plan and Fire Inspector's memo of September 27,
1978. Staff recommended approval.
Commission concerns were expressed about whether the legal requirements for granting
this variance had been met, the recent improvements had been done without a building
permit by unlicensed contractor, and the fact that the one hour fire wall requirement
of the Building Code was not satisfied. The public hearing was opened; there were
no comments from the audience. Commissioner Taylor read a communication from Alex
Girillovitch, Corpus Christi, Texas (owner of nearby property) advising he had no
objection to this application. The public hearing was then closed.
Commissioner Cistulli moved for approval of this application, second Commissioner Sine.
City Attorney advised that four votes would be necessary for this motion to pass.
Upon roll call vote, the motion was defeated on a 3-2 vote, Commissioners Mink and
Taylor dissenting, Commissioners Francard and Kindig absent.
After further discussion, Commissioner Mink moved this application be denied without
prejudice. Second Commissioner Taylor and approved 4-1, Commissioner Cistulli
dissenting, Commissioners Francard and Kindig absent. The applicant was advised
of her right of appeal.
Page 2
Burlingame Planning Commission Minutes October 11, 1978
2. COMMUNICATION FROM DAVID CARR OF CARR, MC CLELLAN, INGERSOLL, THOMPSON & HORN
REGARDING 7 -ELEVEN STORE AT 975 ROLLINS ROAD
A memo from the City Attorney advised that the 7:00 A.M. to 1.1:00 P.M. hours of this
store were an implied condition of the use variance granted June 26, 1967; this memo
was discussed by Commission and David Carr, attorney representing Southland Corporation.
It was noted that complaints have been received regarding the present 24 hour operation
of this store. Attorney Carr's contention was that the 1967 variance was granted on
the use, that as long as the store is operated as a commercial use the variance is
valid and that no specific limitations on operating hours were imposed by the City.
The City Attorney's opinion was that the statement of the property owner filed with
the application in 1967 specifically identified the store hours to be from 7:00 A.M.
to 11:00 P.M. and was an implied condition in the granting of this variance.
During discussion, two members of the Commission noted they had been on the Commission
at the time of the 1967 variance approval and they concurred with staff's interpretation
concerning the hours of operation. Commissioner Taylor moved to sustain staff's
position that the hours of operation for this store are limited to 7:00 A.M. to 11:00 P.M.;
second Commissioner Sine and approved 5-0 on roll call vote, Commissioners Francard and
Kindig absent. Mr. Carr was advised of his right of appeal to City Council.
3. REQUEST FOR EXTENSION OF CONDITION TO SPECIAL PERMIT APPROVED SEPTEMBER 28, 1977
BY AMERICAR RENTAL SYSTEM AT 1530 GILBRETH ROAD
Assistant City Planner Yost reviewed Commission approval of September 28, 1977
special permit with conditions and the amendment of February 15, 1978 requesting
the requirement of a wash rack be deferred. The applicant is now requesting a further
deferment since the size of his fleet is still less than one-third the 38 cars approved
under the 1977 permit and presently all vehicles are being gassed and washed elsewhere
at approved locations.
Commissioner Taylor moved for approval of an extension of condition to special permit
approved September 28, 1977 that a wash rack should be installed which will recycle
water, this extension to expire September, 1979 or when the rental fleet reaches 38
cars, whichever occurs first. Second Commissioner Mink (with the understanding that
washing will not be done at this site in the interim). Motion approved 4-1,
Commissioner Sine dissenting, Commissioners Francard and Kindig absent.
4. REQUEST FOR EXTENSION OF TENTATIVE SUBDIVISION MAP, BELLEVUE CONDOMINIUMS,
1210 BELLEVUE AVENUE BY LOUIS ARATA
This extension was requested since the City requires condominium units be measured
as built, the building is still under construction and it is not possible for the
surveyor to prepare a final subdivision map before the earlier approval of the
tentative map has expired. City Engineer recommended approval.
Commissioner Mink moved for approval of a 12 month extension of tentative subdivision
map with the condition that there be no habitation on the subject property until the
final map has been filed and approved. Second Commissioner Taylor and approved 5-0,
Commissioners Francard and Kindig absent.
Consideration of Item #5, Draft Housing Element, was deferred until after the
study items.
Burlingame Planning Commission Minutes
ITEMS FOR STUDY
Page 3
October 11, 1978
6. SPECIAL PERMIT TO DEVELOP A PARKING LOT AT 112/114 LORTON AVENUE BY THREE
CITIES ASSEMBLY OF GOD
Assistant City Planner Yost reviewed this application to develop a parking lot for
14 vehicles which involves demolition of a three unit apartment. The application was
found to be complete and was set for hearing October 25, 1978.
7. SPECIAL PERMIT TO OPERATE 16 RACQUETBALL COURTS AT 1600-1638 GILBRETH ROAD
BY KENN EDWARDS OF BURLINGAME RACQUETBALL CLUB
Assistant City Planner Yost reviewed this item which replaces a similar request
approved for the same location in July, 1978. Item set for hearing October 25, 1978.
8. SPECIAL PERMIT TO OPERATE 9 RACQUETBALL COURTS AT 1730 ROLLINS ROAD BY JAMES C.
LOUSTALOT AND CHARLES N. BICHARD
Assistant City Planner Yost reviewed this application to operate nine racquetball
courts; five to be constructed within gymnasium space at 1730 Rollins Road and four
to be added to the side and front of the present building. The applicants also plan
to acquire the four existing tennis courts beyond the S.P. spur line. This item was
set for hearing October 25, 1978 with the requirement that the applicant file with the
City a copy of a recorded easement over the front property prior to the public hearing,
so that proper access to the back tennis facility is established.
9. SPECIAL PERMIT TO SERVICE AND STORE CARS AT 1007-1015 ROLLINS ROAD, BY MIKE
HARVEY OLDSMOBILE
Assistant City Planner Yost reviewed this application to relocate Mike Harvey Oldsmobile's
service facility to the property formerly used by the State Department of Transportation
as their local corporation yard. Item set for hearing October 25, 1978.
10. SPECIAL PERMIT TO OPERATE A MINI -MARKET AT THE ARCO SERVICE STATION, 3 CALIFORNIA
DRIVE BY ATLANTIC RICHFIELD COMPANY
Assistant City Planner Yost reviewed this application to sell groceries, beverages
and sundries in the remodeled service bay of this ARCO station; the station would
also be converted to gasoline self-service, which is now permitted in Burlingame.
Item set for hearing October 25, 1978.
11. VARIANCE TO RESUBDIVIDE TWO LOTS AND INCREASE ON-SITE PARKING ON ONE OF THEM,
WITH 25% COMPACT SPACES, PROPERTIES AT 1705 AND 1777 MURCHISON DRIVE, BY CALIFORNIA
TEACHERS ASSOCIATION
Assistant City Planner Yost reviewed this application which would take the unimproved
portion of the CTA land and merge it with property next door owned by Homestead
Savings and Loan Association. On-site parking on the CTA parcel would be increased
from 173.spaces to 192 (25% of which would be compact spaces). Parking analyses
for months -other than August, 1978 were requested by Commission before the public
hearing. Item set for hearing October 25, 1978.
Burlingame Planning Commission Minutes
Page 4
October 11, 1978
12. TENTATIVE PARCEL MAP, 1705 AND 1777 MURCHISON DRIVE, BY CALIFORNIA TEACHERS
ASSOCIATION AND HOMESTEAD SAVINGS AND LOAN ASSOCIATION
City Engineer Kirkup stated the only consideration Engineering would have, based on
the new configuration, would be the parking variance. Item set for hearing October 25,
1978.
13. TENTATIVE SUBDIVISION MAP, ANZA AIRPORT PARK, BY ANZA SHAREHOLDERS' LIQUIDATING
TRUST AND STATE OF CALIFORNIA
Item reviewed by City Engineer Kirkup. This map will incorporate a 25' strip adjacent
to the city lagoon into the existing lots; it also shows an 84' right of way for
Bayview Place extended which will be the connection from Airport Boulevard to a
"Y" interchange to the freeway. There will be a requirement of 35' setback and
21.25% landscaping for those lots adjacent to the lagoon. Item set for hearing
October 25, 1978.
5. DRAFT HOUSING ELEMENT OF THE GENERAL PLAN
Commission acknowledged receipt of the Draft Housing Element as submitted by the
Ad Hoc Committee to Recommend a.Housing Element. Staff requested comments or changes.
There was extensive Commission discussion regarding the format and the content of
this draft including: the purpose of a housing element; the need to state a philosophical
viewpoint and prepare a concise report consistent with this; -its identification of
community needs, policies and recommendations for implementation; and the need for
a different approach to the drafting of the element. Staff was requested to bring
back further ideas for discussion, after which the element could be redrafted within
the legal requirements of State Code.
OTHER BUSINESS
14. 1859 BROADWAY: VIOLATION OF 3/23/70 SPECIAL PERMIT; ILLEGAL SECOND KITCHEN
ON R-1 DISTRICT LOT
Assistant City Planner Yost explained this violation of a 1970 special permit.
John S. Gottsche, owner of the property was present. After some discussion, a public
hearing to consider revocation of the 1970 special permit for a family room was
scheduled for October 25, 1978.
15. PROJECT DEVELOPMENT CHARGE, BAYFRONT AREA
City Engineer Kirkup requested Commission comment and direction. It was suggested
the entire B1ayney Report area, including west of the freeway, be used in this study
and fees to recover 25% and 40% of cost be determined.
16. ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS
Continued to the next Commission study meeting.
17. CODE STANDARDS FOR HOT TUBS
Staff will research further and prepare a report for Commission review.
Burlingame Planning Commission Minutes
Page 5
October 11, 1978
CITY PLANNER REPORT
18. Staff investigation of a complaint regarding a second living unit on an R-1 District
lot at 1232 Bernal Avenue was reported; the existence of the second unit was
confirmed but was determined to be non -conforming rather than illegal.
Also reported:
19. City Council action sustaining Planning Commission approval of True Learning
Center's special permit at Washington School.
20. Appeal of Planning Commission's approval of Payless Car Rental's special permit.
ADJOURNMENT
The meeting was adjourned at 11:50 P.M.
Respectfully submitted,
John R. Yost
Assistant City Planner/Acting Secretary