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HomeMy WebLinkAboutMin - PC - 1979.03.26CITY OF BURLINGAME PLANNING COMMISSION MARCH 26, 1979 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman Jacobs on Monday, March 26, 1979 at 7:32 P.M. ROLL CALL Present: Commissioners Cistulli, Francard, Jacobs, Kindig, Mink, Sine, Taylor Absent: None Staff Present: John R. Yost, Assistant City Planner; Ralph E. Kirkup, City Engineer; Jerome F. Coleman, City Attorney MINUTES The minutes of the March 12, 1979 meeting were approved as mailed. AGENDA Chm. Jacobs announced that Item #12, Resolution of Commendation and Appreciation to Everett K. Kindig was scheduled for 9:00 P.M. Dan Silva, applicant, Item #6, requested a postponement; postponement granted. Agenda was then approved. ITEMS FOR ACTION 1. VARIANCE TO ADD 620 SF TO A HOUSE WITH A NONCONFORMING SIDE YARD, 231 VICTORIA ROAD, ZONED R-1, BY BUZZ BROWN ACP Yost reviewed this application to enlarge the existing nonconforming 1,100 SF house by extending the front of the house 20' closer to the street; finished house would have approximately 1,800 SF. Reference staff report dated 3/20/79, applicant's affidavit and Chief Fire Inspector's memo dated 3/19/79. The new addition meets all current code requirements. Staff recommended approval with two conditions as listed in the staff report. During Commission discussion staff explained that with remodeling the existing 18' wide garage would be reduced to 14'; however, there is room on the driveway behind the established front setback to park another car. Code Sec. 25.70.030 waives the second required covered parking space in such cases. Chm. Jacobs opened the public hearing. There were no audience comments and the public hearing was closed. C. Mink found exceptional circumstances in that the house was improperly sited when it was built in 1947; that the variance is necessary for the applicant's continued enjoyment of his property; that there is a hardship in that it: is a small home on a good sized lot; that the new addition will be built to full code standards; and that in light of the general plan's policy to improve older single family residences and the enjoyment of these residences, Commission should accept these findings as sufficient. C. Mink then moved for approval of the variance with the following conditions: (1) that the new construction be consistent with the plans filed with this application and date stamped March 14, 1979; and (2) that: a 4' separation be provided between garage and house. Second C. Cistulli and approved 7-0 on roll call vote. Appeal procedures were advised. Page 2 Burlingame Planning Commission Minutes March 26, 1979 2. TWO VARIANCES TO ADD A FAMILY ROOM TO THE EXISTING NONCONFORMING HOUSE AT 701 WINCHESTER DRIVE, ZONED R-1, BY MICHAEL POTTER ACP Yost reviewed this application to add a family room to this existing house which was constructed 1'-4" tbo close to Oak Grove Avenue. Reference staff report dated 3/20/79; statement from the applicant received March 14, 1979; plans received March 12, 1979; and sketches of proposed and alternate plans received March 14, 1979. Staff had no objection to approval of the variance from Code Sec. 25.50.080 (which requires the existing side setback of the house be corrected). With regard to the second variance from Code Sec. 25.62.050 (which would allow the new addition to encroach 7" into the 7'-6" side yard), staff suggested alternative plans were possible, -and that the new family room could be constructed to code standards. Michael Potter, the applicant, was present. ACP Yost advised Commission that lot coverage would be within code requirement. Chm. Jacobs opened the public hearing. Ned Benecici, 708 Winchester Drive, spoke in favor. There were no further comments and the public hearing was closed. Alternatives, aesthetics and the advisability of consulting an architect were discussed. It was suggested the item be continued pending new plans; applicant advised, in that case, he would prefer to go ahead without the second variance and build the family room to the full 7'-6" code side setback. C. Taylor moved for approval of the variance from Code.Sec. 25..50.080 to add a family room to the existing house at 701 Winchester Drive which has a nonconforming 6'-2" side setback, with the condition that all work be done in accordance with the Building Code; and that the application for a variance from Code Sec. 25.62.050 to construct the new family room 6'-11" behind the side property line adjacent to Oak Grove Avenue be denied. Second C. Mink and approved 7-0 on roll call vote. Appeal procedures were advised. 3. SPECIAL PERMIT TO CONSTRUCT THE SEABREEZE PLAZA, A 106,000 SF OFFICE BUILDING IN THE C-4 DISTRICT, AT 35 BAYVIEW PLACE, BY RAISER ARCHITECTURAL GROUP ACP Yost reviewed this application to construct a 4 -story office building in the C-4 District. Reference staff report dated 3/20/79; Raiser Architectural Group's Initial Study (revised February 8, 1979); project plans dated October Ei, 1978; Negative Declaration ND -195P posted March 13, 1979; San Francisco Bay Conservation and Development Commission (BCDC) letters dated February 21, 1979 and March 20, 1979; March 5, 1979 letter from staff to BCDC; March 2, 1979 memo from Raiser Construction Co., Inc.;and State Lands Commission letter of March 19, 1979. Mr. Yost noted City Council decision to implement bayfront development with Plan 4 which allocates office development for this site. Since the project fully complies with all code requirements, staff recommended approval with six conditions as; listed in the staff report. Matters discussed: development of Bayview Place as a private or public street; ownership of the land at this site and those immediately adjacent; concern that sufficient public access be provided; developer responsibility for upkeep of all land, including the adjacent State parcel included within the project: proposal. John Raiser, Raiser Construction Co., Inc., was present and advised the conditions recommended by staff were acceptable. Joseph Kent, Raiser Architectural Group, addressed Commission, noting the design of the building and Raiser's attempts to mitigate the adverse effects identified in the Initial Study for the project:. Some important considerations had been public access to the lagoon, landscaping and an attempt to Burlingame Planning Commission Minutes Page 3 March 26, 1979 shield the parking from public view. During discussion Mr. Kent confirmed the width of the building was approximately 320-330 feet; that the statements in Raiser's report were consistent with the traffic study prepared for the city by J. D. Drachman Associates; and that all on-site parking would be standard 9' x 20' spaces. Chm. Jacobs opened the public hearing. David Keyston, Anza Shareholders' Liquidating Trust spoke in favor of this application and discussed current communications with BCDC regarding the Anza area. There were no further audience comments and the public hearing was closed. Staff advised that, should other public agencies substantially modify the project approved by the Commission, the changes would be brought back to the Commission for review. C. Taylor moved that this special permit be approved with the following conditions: (1) that the permit be approved to San Mateo Square Investors, and be nontransferable; (2) that all construction and site improvements be consistent with the plans and initial study (dated 2/8/79) filed with this application by Raiser Architectural Group; (3) that Bayview Place be extended as a private road by the project sponsor at his expense, with the final designand construction specifications to be approved by the City; minimum standards.to be observed are concrete curb, gutter and sidewalk; (4) that public access be provided between Bayview Place and the lagoon adjacent to the project site, and that the area between this lagoon and this project's on-site parking be landscaped and provided with a paved pathway, two rest stops/view points with seats, and other amenities consistent with its maximum feasible public use; (5) that prior to the issuance of a building permit by the City of Burlingame, the following requirements be met: (a) all permits required from other responsible agencies be obtained, such permits to include (but not be limited to) the Bay Conservation and Development Commission and the State Lands Commission (for use of and improvements on adjacent State owned parcels); (b) all landscaping and irrigation systems be approved by the City, and be so designed that the maximum feasible on-site parking spaces are screened from adjacent State lands; (6) that a site development fee be paid to the City for off-site road and intersection improvements consistent with the adopted plan for the Anza area. This fee is payable upon the issuance of a certificate of occupancy or the City awarding the first contract for road improvements to be funded by the site development charge, whichever occurs first. The fee is presently estimated at $26,219. If the final fee is not established when the fee becomes payable under one of the above conditions, the project sponsor shall deposit $30,000 or acceptable security therefor with the City; upon determination of the final fee the difference shall then be refunded. Second C. Cistulli and approved 7-0 on roll call vote. Appeal procedures were advised. 4. SPECIAL PERMIT TO CONSTRUCT A 6,100 SF OFFICE BUILDING IN 'THE M-1 DISTRICT, AND PAVE A 23,000 SF AREA TO THE REAR OF THE BUILDING FOR ;STORAGE OF RENTAL CARS, AT 855 MAHLER ROAD, BY AMERICAN INTERNATIONAL RENT -A -CAR ACP Yost reviewed this application to construct an office building in the M-1 District, and provide a storage area for 150+ cars to the rear of the building. The company's present administrative offices would then be moved from 1288 Bayshore Highway to this location. Reference staff report dated 3/20/79; Project Assessment revised 3/19/79; Negative Declaration ND -197P posted March 13, 1979; February 15, 1979 letter from Roger Chinn, architect for the project; revised plans date stamped March 21, 1979; and cross "section thru site looking southeast" dated March 26, 1979. ACP recommended approval with seven conditions as listed in the staff report. Mr. Yost referenced interoffice memo from the Director of Public Works date stamped March 21, 1979; DPW had no objection to approval with the five conditions listed in his memo. Page 4 Burlingame Planning Commission Minutes March 26, 1979 During staff discussion it was suggested that Condition #3 of the DPW's memo regarding development charges be changed to show a bond figure of $2,000 and wording similar to that of Condition #6 of the SeaBreeze Plaza approval this evening. Roger Chinn, architect representing the applicant, was present and advised he had read the staff report and Director of Public Work's memorandum. During discussion the architect was advised to check the Health & Safety Code for location requirements of restrooms and eating area rooms, and compare these with the proposed coffee room design. Chm. Jacobs opened the public hearing. There were no comments in favor. Those in opposition follow. Gary Martin, attorney, San Francisco (whose firm represents Harvard Investment Company, the property owner immediately adjacent to the site), expressed concerns about the proposed use because of traffic congestion, aesthetics and the quality of land use. Michael Smith, Coldwell Banker, San Francisco stated his concern that the proposed use of this property would not be the highest and best use for this area. Richard Steil, 940 Jackling Drive, Hillsborough advised that his company had made an offer to purchase this property; he felt their plans for an office building would be an alternative which would provide an upgrading over the proposal being considered. Peter Hacker, Grubb & Ellis, San Francisco; Mr. Chinn, project architect; Cyrus J. McMillan, attorney; and City Attorney Coleman discussed the status of the property exchange. There were no further audience comments and the public hearing was closed. There was a general Commission concern about another car rental agency with acres of paved vehicle storage. C. Mink noted, however, that specific findings could be made: Burlingame's proximity to the airport produces a market for rental cars here; this is M-1 property and removed from the C-4 district along Bayshore Highway; companies who rent office space in Burlingame use the airport and need its amenities (one of which is rental cars); and this is a superior proposal to the previous project submitted by this applicant on Bayshore Highway. C. Mink therefore moved for approval of this special permit with the following conditions: (1) that site construction conform with the plans and elevations filed with this application; (2) that a grease/oil trap be installed in the car wash area; (3) that the landscaping and irrigation system be approved by the City before a building permit is issued for the project; (4) that all fleet vehicles be serviced off-site at appropriate locations; (5) that no auto transports with American Inter- national fleet vehicles be permitted to load or unload on Burlingame's public streets; (6) that the conduct and hours of operation of this business at 855 Mahler Road be consistent with the letter dated 2/15/79 from Roger Chinn, AIA; (7) that the permit to store rental cars on this property be approved to American International Rent-A-Car, and be nontransferable; (8) landscaping to be installed and maintained by developer on a three and one-half feet of City right-of-way between property line and back of sidewalk; (9) an Encroachment Permit shall be obtained for all work within the City street right-of-way; (10) that a site development fee be paid to the City for off-site road and intersection improvements consistent with the adopted plan for the Anza area; this fee is payable upon the issuance of a certificate of occupancy or the City awarding the first contract for road improvements to be funded by the site development charge, whichever occurs first; the fee is presently estimated at $1,550. If the final fee is not established when the fee becomes payable under one of the above conditions, the project sponsor shall deposit $2,000 or acceptable security therefor with the City; upon determination of the final fee the difference shall then be refunded; (11) that if the car wash drain is connected,to the sanitary Burlingame Planning Commission Minutes Page 5 March 26, 1979 sewer, then all rainwater must be excluded from entering; and (12) a parcel map shall be filed eliminating the lot line. Second C. Cistulli and approved 6-1 on roll call vote, C. Francard dissenting. Appeal procedures were advised. At this point in the meeting Chairman Jacobs announced that Commissioner Everett Kindig was retiring after 24 years on the Planning Commission. Commissioner Sine read Resolution of Commendation and Appreciation to Mr. Kindig. The Chairman introduced the following members of the audience: Mrs. Everett Kindig, Mr's. Thomas Sine, Councilman R. David Martin, former Planning Commissioner John Brauner, former City Attorney Burress Karmel, Councilman and Mrs. William J. Crosby, Councilwoman Gloria H. Barton, Mayor and Mrs. Irving S. Amstrup and City Manager Charles F. Schwalm. The meeting recessed at 9:15 P.M. for a short tribute to Mr. Kindig. Reconvene at 9:50 P.M. 5. SPECIAL PERMIT TO OPERATE A CAR RENTAL AGENCY IN THE M-1 DISTRICT AT 875 MAHLER ROAD, BY AGENCY RENT -A -CAR ACP Yost reviewed this application to operate a car rental agency in the M-1 District. Reference staff report dated 3/20/79; Project Assessment revised 3/20/79; Agency Rent-A-Car letter dated March 5, 1979; Agency Rent-A-Car Supplemental Description of Operations received March 8, 1979; site plans filed with the application; March 13, 1979 letter from Daryl Martin, manager of the Crown Building together with current tenant list; and Negative Declaration ND -198P posted March 13, 1979. Staff had no objection to approval and recommended seven conditions for Commission review. James Crampsey, District Manager, Agency Rent-A-Car was present. He explained the specialized nature of this company's insurance replacement rentals. Chm. Jacobs opened the public hearing. There were no audience comments and the public hearing was closed. Discussion included: corporate status of this business; the hours of operation as requested by the applicant. C. Kindig moved for approval of this special permit with the following conditions: (1) that the permit be approved to Agency Rent-A-Car and be nontransferable; (2) that the operation of this office be consistent with the March 5, 1979 letter from Mr. James Crampsey filed with this application; (3) that the maximum number of Agency Rent-A-Car vehicles operated from this Burlingame location not exceed 45 vehicles; (4) that not more than six (6) fleet cars be parked at 875 Mahler Road at any one time; (5) that the hours of operation be limited to 8:00 A.M. - 5:30 P.M. Monday - Friday and 8:00 A.M. - 12:00 Noon Saturday; (6) that all servicing, washing and maintenance of fleet vehicles be done off-site at appropriate locations; and (7) that this permit be reviewed in one year, and be subject to possible modification at that time. Second C. Sine and approved 7-0 on roll call vote. Appeal procedures were advised. 6. SPECIAL PERMIT, UNIQUE INTERNATIONAL, 875 MAHLER ROAD Postponed at request of applicant. 7. SPECIAL PERMIT TO OPERATE A SANDWICH DELI IN THE M-1 DISTRICT AT 1530 ROLLINS ROAD. BY CONSTANTINE TSAVALAS FOR DINO'S DELI ACP Yost reviewed this application to operate a sandwich deli in the M-1 District. Reference staff report dated 3/20/79; Project Assessment revised 3/19/79; letter from Constantine Tsavalas received February 8, 1979 explaining operation of the deli; plans submitted with the application; and Negative Declaration ND -200P posted 3/13/79. Staff recommended approval with five conditions as listed in the staff report. Burlingame Planning Commission Minutes Page 6 March 26, 1979 Constantine Tsavalas was present. Discussion included: operational details of the deli; the profitableness of the proposed business in this location; the location of the building on the lot and possible difficulty with signage for the business; the tentative and final parcel map previously approved for this property. C. Sine moved for approval of this special permit subject to the following conditions: (1) that the permit be approved to Constantine Tsavalas, and be nontransferable; (2) that the size and location of the sandwich deli be consistent with the plans filed with this application; (3) that not more than 7 tables/44 seats be available for customer use; (4) that hours of operation not exceed 7:00 A.M. to 3:30 P.M.; (5) that on-site parking available for the deli's customers be reviewed in one year, and this permit be subject to possible modification at that time. Second C. Cistulli and approved 7-0 on roll call vote. Appeal procedures were advised. 8. THREE SIGN EXCEPTIONS TO ALLOW TWO WALL SIGNS WITH A TOTAL OF 49 SF OF SIGNAGE AT 1777 MURCHISON DRIVE, ZONED C-3, FOR HOMESTEAD SAVINGS ACP Yost reviewed this application. He described Signs A and B and noted the limitations of the Sign Code in the C-3 Professional Business District as well as findings required for approval of a sign exception. Reference staff report dated 3/20/79; Sign Exception form filed 3/13/79; and plans dated 1/24/79. Staff recommended denial since the application does not appear to meet the technical requirements for a code exception. Stephen Coulthard of Amcoe Sign Company addressed Commission. He felt the code was exceptionally restrictive for this type of building and stressed the need for identification of the administrative offices of Homestead Savings. J. Martin Lutzker, Homestead Savings & Loan Association, Mt. View, California also was present and reiterated Mr. Coulthard's remarks. He noted the proposed signs were attractive and conservative. Chm. Jacobs opened the public hearing. There were no audience comments and the hearing was closed. There was considerable discussion, with a minority feeling expressed that the two signs should be approved. Applicant explained the activities which would take place in this building. Commission recognized the need of this company for identification but the majority did not feel two signs were necessary. C. Taylor moved to grant this Sign Exception for Sign A only in accordance with drawings dated 1/24/79 as they relate to Sign A. Second C. Mink and approved 6-1 on roll call vote, Chm. Jacobs dissenting. Appeal procedures were advised. 9. RESOLUTION NO. 2-79 RECOMMENDING ENVIRONMENTAL IMPACT REPORT EIR-51E FOR THE WASTEWATER RECLAMATION PROJECT CE Kirkup reviewed this item, noting Exhibit A attached to the resolution which lists impacts, mitigations and findings. Commission had received copies of the Final EIR with responses to comments received at the public hearing and written comments. C. Sine moved for adoption of Resolution No. 2-79. Second C. Kindig and motion approved 7-0 on roll call vote. 10. FINAL SUBDIVISION MAP FOR THE FLORIBUNDA, AN EIGHT UNIT CONDOMINIUM PROJECT AT 1210 FLORIBUNDA AVENUE, FOR GERALD E. KUNZ CE Kirkup advised that construction has been substantially completed on this 8 -unit condominium project in accordance with requirements of the approved building plans Burlingame Planning Commission Minutes Page 7 March 26, 1979 and the tentative map. Approval of the final map was recommended. C. Mink moved for approval of this final subdivision map; second C. Sine and approved 7-0 on roll call vote. 11. AMENDMENT OF SPECIAL PERMIT APPROVED BY PLANNING COMMISSION JANUARY 22, 1979; CROWN COFFEE SHOP, 875 MAHLER ROAD ACP Yost reviewed this request by Jon Flood for 4 additional gables and 7 additional seats at the Crown Coffee Shop. This would not change the parking requirements and it was pointed out the 1/22/79 approval required on-site parking available for coffee shop customers be reviewed in one year. C. Taylor moved for approval of the requested amendment to allow 4 additional tables/7 additional seats at the Crown Coffee Shop, 875 Mahler Road. Second C. Mink and approved 7-0 on roll call vote. CITY PLANNER REPORT ACP Yost reported on hearing scheduled before City Council March 19, 1979 to consider a health spa at 1509 Burlingame Avenue; applicant withdrew his appeal and may be reapplying for a bayside location. At hearing on the appeal by David James Arata, Arata Pontiac, City Council waived the condition of special permit requiring three additional on-site parking spaces or a fee of $9,447. ADJOURNMENT C. Cistulli moved the meeting adjourn with further commendation to Everett K. Kindig. Meeting adjourned at 10:45 P.M. Respectfully submitted, Everett K. Kindig Secretary