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HomeMy WebLinkAboutMin - PC - 1979.06.11CITY OF BURLINGAME PLANNING COMMISSION JUNE 11, 1979 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman Jacobs on Monday, June 11, 1979 at 7:35 P.M. ROLL CALL Present: Commissioners Cistulli, Harvey, Mink, Sine, Taylor, Jacobs Absent: Commissioner Francard (excused) Staff Present: John R. Yost, Assistant City Planner; Ralph E. Kirkup, City Engineer; Jerome F. Coleman, City Attorney MINUTES The minutes of the May 30, 1979 meeting were approved as mailed. AGENDA - C. Cistulli moved for approval of the agenda. APPLICATIONS FOR ACTION 1. VARIANCE TO ADD A SECOND FLOOR TO A HOUSE WITH 1'-6" SIDE YARD, AT 1556 COLUMBUS AVENUE, BY MARGARET J. MARINO (CONTINUED FROM MAY 30, 1979) ACP Yost reviewed the May 30, 1979 public hearing on this continued item and reported on a staff study with respect to views between adjacent backyards and the proposed second floor addition. Reference staff report dated 6/8/79 and location plan attached. Staff recommended approval with two conditions. C.ers Taylor, Sine and Mink who had been absent at the May 30, 1.979 hearing advised they had read the minutes of that meeting and the staff report; CA advised they were eligible to vote. Discussion determined the proposed design would not adversely affect the privacy of the neighbors at 1552 or 1560 Columbus Avenue. C. Mink found that the requirements for a variance had been met in the documentation presented by staff and the applicant. He therefore moved this variance be approved with the following conditions: (1) that the addition be consistent with the plans filed with this application; and (2) that the requirements of the Building Inspector's May 21, 1979 memo be observed. Second;C. Sine and approved 6-0 on roll call vote, C. Francard absent. Appeal procedures were advised. 2. VARIANCE TO LENGTHEN THE EXISTING ONE CAR GARAGE AT 139 OCCIDENTAL AVENUE AND CONSTRUCT A BEDROOM WITH BATH OVER THE NEW ADDITION, BY JEFFREY AND JAN BARKER ACP Yost reviewed this application to remodel the existing 2 -bedroom 12 bath house by adding a third bedroom and additional bath at the second floor level. He noted the reparceling of 129/133/139 Occidental Avenue which had occurred some 20 plus years ago and resulted in substandard size lots. Reference staff report for this item with location plan attached; and Applicant's Affidavit for Variance. Staff recommended approval. Burlingame Planning Commission Minutes Page 2 June 11, 1979 Edmund W. Rickson, architect representing the applicants, was present and advised the present fire hazard in this house would be decreased in that a one hour fire wall would be added between the house and its attached garage. Chm. Jacobs opened the public hearing. There were no comments and the public hearing was closed. C. Mink found that the Applicant's Affidavit clearly stated the first three findings necessary for variance approval; that there were exceptional circumstances and without the addition there would be a hardship upon the applicants; and that the proposal would not adversely affect the general plan of the city. He then moved for approval of this variance. Second C. Sine and approved 6-0 on roll call vote, C. Francard absent. Appeal procedures were advised. 3. VARIANCE TO ADD TWO BEDROOMS AND ONE BATH TO THE HOUSE AT 437 DWIGHT ROAD, IN THE R-1 DISTRICT, BY TIM COSTELLO ACP Yost reviewed this proposal to remodel the ground floor of the existing house and add a second story. A variance is required because the garage is a substandard size, there is no second covered parking space and no practical way one could be added. There was no staff objection to approval. Reference staff report for this item and Applicant's Affidavit for Variance. During discussion it was noted the only on-site parking for a second vehicle was on the driveway within the 18'-6" between face of garage door and back edge of sidewalk. Jack McCarthy, designer representing the applicant, was present:. Location of windows was discussed. Chm. Jacobs opened the public hearing. Eugenie Kozak, 443 Dwight Road inquired if the proposal would diminish the value of her home next door. ACP Yost explained the plans to Mrs. Kozak. There were no further comments and the hearing was closed. During discussion it was noted the addition would extend from the front of the house to the back along one side but there would be no windows along the side immediately adjacent to the property line. C. Taylor found that there were exceptional circum- stances and conditions applicable to this property that do not generally apply to other properties in the area; that the variance is necessary for the applicant's continued use and enjoyment of his property; that the testimony clearly demonstrates it would not adversely affect the objectives of the general plan of the city; and that granting of the variance would not be injurious to the surrounding neighborhood. Second C. Cistulli and approved 6-0 on roll call vote, C. Francard absent. Appeal procedures were advised. 4. SPECIAL PERMIT TO CONSTRUCT AN OFFICE PROJECT IN THE BURLINGAME AVENUE OFF-STREET PARKING DISTRICT AT 1440 CHAPIN AVENUE, BY MARK A.COFFEY OF ANNCO PROPERTIES INC. (CONTINUED FROM MAY 30, 1979) 5. VARIANCE TO ALLOW SUBSTANDARD PARKING STALLS AND CIRCULATION AISLES IN THE BASEMENT PARKING GARAGE AT 1440 CHAPIN AVENUE FOR ABOVE PROJECT (CONTINUED FROM MAY 30, 1979) C. Harvey was excused from participating in discussion of these items because of a possible conflict of interest. ACP Yost reviewed the May 30, 1979 public hearing as well as CA Coleman's referral of the proposed plans to the California Department of Rehabilitation in Sacramento. Reference staff report dated 6/7/79 and CA's June 7, 1979 letter to the State. Letters received late this afternoon from Mark A. Coffey, Annco Architectural Associates, had been copied for Commission and were reviewed by ACP Yost. Reference four letters dated June 11, 1979 to John Yost from Mark A. Coffey. Burlingame Planning Commission Minutes Page 3 June 11, 1979 These included: a request to withdraw the application for variance since the garage levels had been redesigned to meet code requirements; discussion of Commission concerns and solutions proposed by the applicant; and the matter of State handicapped requirements. During discussion it was noted a special permit is required because each of the three proposed buildings is more than 35' in height, the buildings and supporting deck cover more than 75% of the site, and the project has a gross floor area of more than 15,000 SF. CE Kirkup advised that Annco had applied for an excavation permit for the work being done presently on-site. CA Coleman recommended Commission action be continued until a reply is received from the Department of Rehabilitation. Mark A. Coffey, the applicant, was present and requested Commission take action on the project this evening, making handicapped requirements a condition of any approval. There was a minority opinion expressed that Commission was dealing with a specific office project at the present time and the handicapped requirements appeared only to be a concern when considering the expected office -condominium application to follow. Following further discussion, C. Taylor moved to continue Item #4, the special permit, to the meeting of June 25, 1979. Second C. Cistulli; motion to continue approved 4-1, C. Mink dissenting, C. Harvey excused, C. Francard absent. CA suggested the public hearing be reopened on June 25, 1979. Chm. Jacobs announced Item #5, the variance, removed from the agenda at the request of the applicant. 6. AUDIO/VISUAL RECORDING STUDIO WITH LIVE PUBLIC ENTERTAINMENT SEVERAL EVENINGS EACH WEEK, 1157 CALIFORNIA DRIVE 7. VARIANCE TO REESTABLISH A USE IN THE NONCONFORMING BUILDING WHICH HAS BEEN VACANT FOR MORE THAN 6 MONTHS, 1157 CALIFORNIA DRIVE, BY TERRY MERRITT OF ENCORE PRODUCTIONS ACP Yost reviewed the history of this application from the time it was first received in February, 1978. New plans for customer parking and traffic_ control were approved by the Traffic, Safety & Parking Commission on May 10, 1979 Reference staff report for the 6/11/79 meeting, Items No. 6 & 7; staff report dated 11/22/78; Project Assessment revised 11/22/78; November 27, 1978 Planning Commission meeting minutes; Encore Parking Plan date stamped May 8, 1979; Traffic Plan Summary date stamped April 17, 1979; Traffic Engineer's memorandum of May 14, 1979; excerpt from Traffic, Safety & Parking Commission minutes of May 10, 1979; 6/4/79 memorandum from the Director of Traffic; undated letter from Metropolitan Parking Corporation; and copies of all other early documents (attached to the 6/11/79 staff report). Staff recommended a determination be made to allow the proposed use and approval of the variance with nine conditions as listed in the staff report, with a 10th condition that the proposed traffic control measures be reviewed six months from the date of the first live performance. Attorneys James Fox, 2755 Campus Drive, San Mateo and John Roddy, Palo Alto were present representing the applicant. In his presentation Mr. Fox noted Commission's primary concern had been parking in the surrounding residential areas. Addressing this concern, he noted the Traffic, Safety & Parking Commission's endorsement of the Traffic and Parking Plan submitted to them. In further support he presented a letter dated June 4, 1979 in which Metropolitan Parking Corporation agreed to commit approxi- mately 118 spaces for use by Encore Theater patrons. With the other available spaces, it was his contention there would be ample parking. He was in full agreement with Page 4 Burlingame Planning Commission Minutes June 11, 1979 the suggested conditions of approval, including a six months review after commencement of the public performances. In conclusion, Attorney Fox stated his belief that the proposed use is compatible with the permitted uses in the C-1 and C-2 districts and expressed his hope that Commission'concerns regarding off-street parking had been answered. Discussion included: a possible 11th condition of approval that a properly executed agreement between Encore Productions and Metropolitan Parking Corporation be required to run coextensively with the lease between Encore and the property owner (Mr. Fox was agreeable); the actual area involved under this agreement; the relationship between Metropolitan Parking Corporation and Southern Pacific Company. Chm. Jacobs opened the public hearing on Item #6. Those speaking in favor were: Frances Robinson, 1114 Chula Vista Avenue; Marie Baumann, 1030 Chula Vista Avenue; Frank Dito, 1515 Floribunda Avenue; Nora O'Brien, 1537 Burlingame Avenue. Secy. Mink read correspondence in opposition received 6/8/79 from Ethel Neate, 1112 Juanita Avenue. There were no further comments and the public hearing was closed. Based on the material presented by staff and testimony received this evening, C. Taylor moved that Commission find the proposed use similar to other uses permitted in the C-1 and C-2 Districts and that the operation of an audio/visual recording studio would not be obnoxious or detrimental to the neighborhood. Second C. Mink and approved 6-0 on roll call vote, C. Francard absent. Chm. Jacobs then opened the public hearing on Item #7. There were no comments and the hearing was closed. C. Sine expressed his concern that one off-duty police officer to direct traffic during live performances may not be adequate. Control of traffic was discussed at some length; Commission was advised of Encore Productions' plans to hire additional employees to help in directing the flow of traffic. Attorneys Roddy and Fox pointed out the City would retain ultimate control of the business through the entertainment permit which will be required from the City Council. C. Sine requested an addition to condition #8 to read "as many police officers as necessary would be hired, this determination to be made by Encore Productions". After further discussion, CA Coleman suggested "as many officers as Encore management deems necessary"; Attorneys Roddy and Fox were in agreement with this suggestion. Based on the findings established in the documentation submitted by staff and the applicant, C. Mink found the code requirements had been met and moved the variance be approved with the following conditions: (1) that the variance be approved to Encore Productions, Inc. and be nontransferable; (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 13, 1978 letter from Charles Salter Associates, 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 Traffic Plan Summary proposed by the applicant be implemented (with the understanding that during those evenings when public entertainments are scheduled as many off-duty police officers as Encore management deems necessary will be hired by Encore to Page 5 Burlingame Planning Commission Minutes June 11, 1979 monitor and effect traffic safety for each performance), and that customer parking and traffic control be consistent with the parking lot plans date stamped May 8, 1979 (dwg. no. 716-81-74130); (9) that the two conditions recommended by the Traffic, Safety & Parking Commission May 10, 1979 be observed by Encore Productions; (10) that the proposed traffic and parking measures be reviewed six months from the date of the first live public performance; and (11) that the permit becomes effective when there is submitted to the City of Burlingame a properly executed lease agreement between Metropolitan Parking Corporation and Encore Productions, Inc., endorsed by Southern Pacific Company, the lease to run coextensively with the lease between Encore Productions and Christine Dillon, the property owner. Second C. Cistulli and approved 6-0 on roll call vote, C. Francard absent. Appeal procedures were advised. Recess 9:05 P.M.; reconvene 9:20 P.M. OTHER ITEMS FOR ACTION 8. REVIEW OF WHITETHORN WAY PARKING: CONDITION OF 11/27/78 SPECIAL PERMIT APPROVED TO PENINSULA SPORTS CENTER AT 1239 ROLLINS ROAD CE Kirkup reported that this six month review had been completed by the Traffic Engineer and Traffic Sgt.; they reported no problem. Reference memo from the Director of Public Works date stamped June 6, 1979. CE found no reason to provide additional parking spaces at this time. Commission consensus: no objection; special permit to be continued with the present parking agreements. 8a. UNDERGROUNDING COMMITTEE Chm. Jacobs appointed C. Sine as Planning Commission representative on the reactivated Underground Utilities Coordinating Committee. COMMUNICATIONS 9. ANZA PARKING CORPORATION'S MAY 15, 1978 SPECIAL PERMIT TO OPERATE A PARK -AND -FLY SERVICE AT 701-801 AIRPORT BOULEVARD: MAY 31, 1979 LETTER FROM DAVID H. KEYSTON ACP Yost advised this was a request that the city allow a transfer of the 1978 permit for Anza Parking from its approved location at the westerly end of the Anza area to the area where it is presently operating (which was approved in 1971 and again in 1976 but not fully included within the 1978 permit area). A formal application has been received. Item set for hearing June 25, 1979. 10. AMENDMENT OF OCTOBER 25, 1978 SPECIAL PERMIT FOR PRIME TIME RACQUET CLUB, 1730 ROLLINS ROAD: JUNE 2, 1979 LETTER FROM JIM LOUSTALOT AND NICK BICHARD ACP Yost referred to this request that the sale of wine and beer be included as part of the special permit granted in October, 1978. Staff recommended the matter be formally noticed and scheduled for public hearing; set for hearing June 25, 1979. It was suggested the other two racquetball clubs in Burlingame be contacted, should they wish to make the same type of application. If letters were received by the Planning Department this week, they might also be scheduled for public hearing June 25. . . 4 Burlingame Planning Commission Minutes APPLICATIONS FOR STUDY 11. SPECIAL PERMIT TO CONSTRUCT AN OFFICE PROJECT AT 360 PRIMROSE ROAD Page 6 June 11, 1979 ACP Yost reviewed this application. Staff concerns: payment -in -lieu to the City for deficiency in number of parking spaces provided in the Burlingame Avenue Off - Street Parking District; design which encroaches into the public right-of-way. Some redesign was requested. Item set for hearing June 25, 1.979. 12. CONDOMINIUM CONVERSION PERMIT FOR A 4 -UNIT APARTMENT UNDER CONSTRUCTION AT 1220 PALOMA AVENUE 13. TENTATIVE CONDOMINIUM MAP FOR THE ABOVE PROJECT ACP Yost reviewed the history of this project. Items 12 and 13 set for hearing June 25, 1979. OTHER BUSINESS 14. LANDSCAPING AND OPEN SPACE REQUIREMENTS FOR MULTI -FAMILY RESIDENTIAL PROJECTS ACP Yost reviewed his memorandum to the Commission dated 6/7/79 with attached discussion draft. Discussion included: private and general open space; front setback landscaping and the suggested figure of 60%; driveways and parking areas; classifica- tion of balconies; possible restriction of parking in the front setback at ground level; the need for on-site parking for service and emergency vehicles; access to underground parking for vans and tow trucks. Suggestions: private open space areas to be screened or fenced when located within 4' (not 5') of established grade; minimum standard for private open space to be 80 SF per unit, ground floor and upper floors. Staff was requested to prepare an amended draft. for Commission review. A n.in i IR NMFN T Chm. Jacobs adjourned the meeting in memory of Col. E. L. Norberg at 10:10 P.M. Respectfully submitted, Charles W. Mink Secretary