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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