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HomeMy WebLinkAboutMin - PC - 1979.01.22CITY OF BURLINGAME PLANNING COMMISSION JANUARY 22, 1979 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman Jacobs on Monday, January 22, 1979 at 7:31 P.M. ROLL CALL Present: Commissioners Cistulli, Francard, Kindig, Mink, Sine, Taylor, Jacobs 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 January 8, 1979 meeting were approved as mailed. APPROVAL OF AGENDA Commissioner Cistulli moved for approval of the order of the agenda. MEETINGS ITEMS FOR ACTION 1. SPECIAL PERMIT TO PAVE AND FENCE ONE ACRE IN THE M-1 DISTRICT AT 840 COWAN ROAD AND USE THE SITE TO RECEIVE AND STORE RENTAL CARS AND EMPLOYEE VEHICLES, BY DOLLAR RENT -A -CAR AGENCY, 1815 BAYSHORE HIGHWAY The applicant was not present. At the suggestion of the City Attorney, this item was continued to the February 8, 1979 meeting. At Commission direction, a revocation hearing on the previous special permit granted January 23, 1978 (for the rent -a -car agency at 1815 Bayshore Highway) was also scheduled for February 8, 1979. 2. SPECIAL PERMIT TO OPERATE THE CROWN COFFEE SHOP AT 875 MAHL.ER ROAD, ZONED M-1, BY JON FLOOD Assistant City Planner Yost reviewed this application to operate a coffee shop in the M-1 District. Reference staff report dated 1/15/79; details of the proposed operation in the Project Assessment form dated 1/15/79; applicant's December 15, 1978 letter describing the proposed food service operation; petition with 37 signatures of Crown Building tenants supporting the application; plans date stamped December 28, 1978; and drawing by staff showing the location of existing and proposed coffee shops in the M-1 District as of January, 1979. Mr. Yost also noted Commission's policy for coffee shops in the industrial area and issues raised by the application as detailed in the staff report. Staff recommended approval of this application with conditions as listed in the staff report. Jon Flood, the applicant, was present and requested a change in opening hour from 8:30 A.M. to 7:30 A.M. During Commission discussion the necessity of the following condition was discussed: "Not more than 3 employees/managers/lessees be on the premises at any one time". There was Commission consensus that a permit of this type should be approved to the operator of the business, not the property owner or leasing agent. Page 2 City of Burlingame Planning Commission January 22, 1979 Chairman Jacobs opened the public hearing. There were no comments in favor; those in opposition follow. Mervin Francies, an applicant for a coffee shop at 833 Mahler Road on tonight's agenda, voiced his concern that another restaurant in this area would adversely affect his business. David Weiss, the original owner of the Lunch Company at 833 Mahler Road, stated his concern regarding another lunch shop so close to 833 Mahler and the possibility of a "dog eat dog" atmosphere. Yong K. Cho who purchased the 833 Mahler business from Mr. Weiss, also spoke in opposition; it was his feeling that neither restaurant would survive in such close proximity (reference letter from Yong K. Cho date stamped January 8, 1979). M. G. Harris, operations manager, Benchmark Clock Co., 833 Mahler Road, spoke in opposition (reference his January 8, 1979 letter to the Planning Commission). There were no further comments and the public hearing was closed. Commission discussion noted that its policy has been that a coffee shop in the M-1 District is a necessary adjunct to the operation of the light industrial area; it was also felt Commission should not stifle competition by limiting the opportunity of an applicant to go into business for himself. Commissioner Taylor then moved for approval of this application with the following conditions: (1) that the permit be approved to Jon Flood and be non -transferable; (2) that the size and location of the coffee shop be consistent with the plan dated stamped December 28, 1978; (3) that not more than 5 tables/20 seats be available for customer use; (4) that the hours of operation not exceed 7:30 A.M. to 4:30 P.M.; and (5) that on-site parking available for coffee shop customers be reviewed in one year, and this permit be subject to possible modification at that time. Second Commissioner Cistulli and approved 7-0. Appeal procedures were advised. 3. SPECIAL PERMIT TO OPERATE THE BURLINGAME EXECUTIVE CENTER SNACK BAR AT 1818 GILBRETH ROAD, ZONED M-1, BY LLOYD RUSSELL OF HAVA SNAK FOOD SERVICE, INC. Assistant City Planner Yost reviewed this application to operate a snack bar in the M-1 District. Reference staff report dated 1/17/79; Project Assessment form dated 1/17/79; Negative Declaration ND -192P with the conclusion there would be no significant adverse effect; Lloyd Russell's letter dated December 19, 1978; and plans date stamped December 15 and 29, 1978. No adverse comments have been received on this application; approval recommended with conditions as listed in the staff report. The applicant, Lloyd Russell, was present and requested flexibility to expand to two employees should the business justify this. He asked that the permit be approved to the corporation of which he is an officer, and explained the business would be operated by a sublessee, somewhat similar to a franchise. There were no plans for outside signage. There was considerable Commission discussion regarding California Labor Code, franchise operations in particular, who would be running the business day to day, who is responsible for the lease, and to whom the permit should be approved. Chairman Jacobs opened the public hearing. There were no audience comments and the public hearing was closed. It was suggested that the conditions of approval of this permit could address Commission concerns, and that any sublessee would be required to obtain a business license. Commissioner Sine moved for approval of this application with the following conditions: (1) that the permit be approved to Hava Snak Food Service, Inc. and be non -transferable; (2) that the size and location of the snack bar be consistent with the plans date stamped December 15 and 29, 1978; (3) that no more than 4 tables/16 seats be available for customer use; (4) that no more than two employees/managers/lessees be on the premises at any one time; (5)that hours of operation not exceed 7:30 A.M. to 4:00 P.M.; Burlingame Planning Commission Minutes Page 3 January 22, 1979 (6) that the project as. well as the on-site parking be reviewed in one year and this permit be subject to possible modification at that time; and (7) that if this business is subleased, the applicant, Hava Snak Food Service, Inc., notify the City at that time. Second Commissioner Kindig and approved 6-1, Commissioner Taylor dissenting. Appeal procedures were advised. 4. SPECIAL PERMIT TO OPERATE THE BURLINGAME LUNCH COMPANY AT 833 MAHLER ROAD, ZONED M-1, BY MARIJANE AND MERVIN FRANCIES Assistant City Planner Yost reviewed this proposal by Mr. and Mrs. Francies to assume the present lease of The Lunch Company at 833 Mahler Road. Reference staff report dated 1/17/79; Project Assessment form dated 1/17/79; December 28, 1978 letter from Mervin Francies; December 28, 1978 letter from Yong K. Cho requesting permission to transfer his ownership to the Francies; and letter date stamped January 8, 1979 from Yong K. Cho. No adverse comments have been received on this application. The Chief Fire Inspector has advised that the present cafe meets all fire and building code requirements. Staff recommended approval with conditions as listed in the staff report. The applicant, Mervin Francies, was present. It was determined he was aware of the conditions for approval suggested in the staff report. Chairman Jacobs opened the public hearing. There were no audience comments and the public hearing was closed. Commissioner Kindig moved for approval of this application with the following conditions: (1) that the permit be approved to Marijane and Mervin Francies and be non -transferable; (2) that the size and location of the existing restaurant remain unchanged; (3) that no more than 13 tables/50 seats be available for customer use; (4) that no more than four employees/managers/lessees be on the premises at any one time; (5) that hours of operation not exceed 9:30 A.M. to 3:00 P.M.; (6) that nine on-site parking spaces be marked and reserved for exclusive use of the customers and employees of the cafe; and (7) that this permit be reviewed in one year and be subject to possible modification at that time. Second Commissioner Cistulli and approved 7-0. Appeal procedures were advised. 5. SPECIAL PERMIT TO ALLOW THE 7 -ELEVEN STORE AT 975 ROLLINS ROAD TO OPERATE 24 HOURS PER DAY, 7 DAYS PER WEEK, ZONED R-3, BY DAVID C. CARR FOR 'SOUTHLAND CORPORATION AND RICHARD & HOLLY MOFFAT Assistant City Planner Yost reviewed the history of this application. A 1967 use variance to allow commercial use of this R-3 property contained an implied limitation of business hours from 7:00 A.M. to 11:00 P.M. Since November, 1972 the store has operated on a 24 hour basis. Reference details as listed in the staff report and Project Assessment form dated 1/17/79; January 3, 1979 letter from David C. Carr, attorney for the applicants; summary of police incidents at this store 1975-78. Mr. Yost advised that since the change to 24 hour operation only one complaint had been received by the City. Staff had no objection to approval but recommended review and possible amendment or cancellation in one year's time. David C. Carr, attorney for the applicants, addressed Commission. In discussing the police incidents, he noted these could include anything from minor theft to armed robbery and that in the past two years such incidents decreased in the late night hours. He acknowledged there might be some conflict with neighbors when running a commercial operation in a residential area. A petition was presented containing 900 plus signatures favoring the application, and he noted 432 of -the people who signed were residents of Burlingame while 411 persons signed after the hour of 11:00 P.M. Another petition in favor with 81 signatures was presented; this had been circulated in the immediate neighborhood. Mr. Carr discussed the figures regarding sales and customer use statistics in his January 3, 1979 letter. Burlingame Planning Commission Minutes Page 4 January 22, 1979 In conclusion, it was Attorney Carr's contention the service to the community of this convenience market far outweighed the disadvantages. Commission discussion determined the store's operating hours had been 20 hours per day since 1970 and 24 hours per day since 1972. The current lease was for 20 years (beginning in 1967) with an option to extend. Chairman Jacobs opened the public hearing. Mr. and Mrs. Moffat's attorney noted the number of people who signed petitions in favor and pointed out the financial loss to the Moffats should these late night hours be discontinued. Secretary Kindig discussed the petitions received. Nancy Dalton, 535 Rollins Road, spoke in favor, noting the convenience of the store hours and its location. The following spoke in opposition: Lawrence Batistoni, 911 Toyon Drive; Nilo Marcucci, 1004 Toyon Drive; Nancy Williams, 921 Linden Avenue; Sol Bechtold, 1010 Toyon Drive; Ted Farley, Sr., 1016 Toyon Drive. Concerns were: late night noise; littering; the stress and danger to the neighborhood in the potential for armed robbery at the store during the evenings; the transitory type of clientele; use of Linden Avenue as an access road. Jean Williams, 921 Lincoln Avenue, a long time resident of the area, presented a petition containing 112 signatures of nearby residents in opposition. She felt the City was not aware of how close the store is to a residential district, related several police incidents, and stated her belief that people using the store during the hours of 11:00 P.M. to 7:00 A.M. were mainly people from the freeway, not the neighborhood or other City of Burlingame residents. During Commission discussion reference was made to the all night market on California Drive; it was pointed out this market is 'in a commercial zone while the 7-11 store is in a residential district. Commissioner Sine questioned the fairness, regardless of the zone, in allowing one store to remain open 24 hours and imposing restrictions on the other. Commissioner Mink suggested it was the obligation of the Planning Commission to determine that this use was to the advantage of the residents of the City, not to the advantage of the person who chose to operate the store. Although restricting the hours would reduce a major portion of the business, he felt the testimony this evening indicated 24 hour operation tended to be a nuisance and a disruptive factor in the neighborhood. Commissioner Taylor noted the minimal adverse police incidents during the period 11:00 P.M. to 7:00 A.M. Commissioner Cistulli felt the original approved hours should remain and expressed concern about the incidence of robberies and consequent danger to neighbors. Commissioner Kindig moved that the special permit to allow the 7-11 store at 975 Rollins Road to operate 24 hours per day, 7 days per week, in the R-3 District, be denied and that the hours of operation be confined to 7:00 A.M. to 11:00 P.M. Second Commissioner Sine; motion to deny approved 6-1, Commissioner Taylor dissenting. Appeal procedures were advised. A recess was called at 9:35 P.M.; meeting reconvened at 9:48 P.M. 6. TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE LANDS OF KATHLEEN DORE AT MARSTEN AND ROLLINS ROAD, ZONED M-1, BY WM. WRIGHT COMPANY FOR BANK OF AMERICA, NT&SA (TRUSTEE) City Engineer Kirkup reviewed this item. A new map application was required because a previously approved tentative map expired before the improvement work had been completed and the map recorded. Approval was recommended with the conditions listed in the Engineers' memo dated January 5, 1979. Burlingame Planning Commission Minutes Page 5 January 22, 1979 Chairman Jacobs opened the public hearing. Wiliam Nerli, a nearby property owner, questioned staff regarding the improvements and expressed concern about parking. He was assured all conditions would be met. There were no further comments and the public hearing was closed. Commissioner Mink moved for approval of this tentative subdivision map with the following conditions: (1) the property line to be relocated 10' from existing buildings; (2) access to Parcels 1 and 2 be denied to Rollins Road; (3) relocate part of fence at the corner of access driveway; and (4) install street name sign at the comer of Rollins Road and the private street called Nerli Lane. Second Commissioner Cistulli and approved 7-0. 7. TENTATIVE AND FINAL PARCEL MAP TO COMBINE LOTS 27, 28 AND A PORTION OF LOTS 29 AND 30, BLOCK 5, EASTON ADDITION NO. 1 AT 1188 EL CAMINO REAL, ZONED R-3, FOR HOME SAVINGS AND LOAN ASSOCIATION City Engineer Kirkup reviewed this parcel map to combine several properties along E1 Camino Real into a single parcel and dedicate a strip along E1 Camino for roadway widening. He noted there were several conditions to development of the property imposed by Commission when approving the special permit. He also confirmed there would be no exit to E1 Camino Real and no left turn into the lot from that street Staff recommended approval of both tentative and final maps. Chairman Jacobs opened the public hearing. There were no comments and the hearing was closed. Commissioner Mink moved for approval of this tentative and final parcel map. Second -Commissioner Cistulli and approved 7-0. 8. TENTATIVE AND FINAL PARCEL MAP TO RESUBDIVIDE LOTS 9, 10 AND 11, BLOCK 6, MILLSDALE INDUSTRIAL PARK UNIT NO. 3 AT 1761 ADRIAN ROAD, ZONED M-1, FOR BAY CITIES WHOLESALE HARDWARE COMPANY City Engineer Kirkup reviewed this application which proposes to divide the subject property into two parcels, one with the existing building and the other a vacant parcel. Proposed parking for the existing building is sufficient. A drawing showing possible development of the vacant parcel was discussed. Staff recommended tentative and final the hear9val.ng Cc�osejn Jacobs opened the public hearing; there were no comments and Commissioner Sine moved for approval of this tentative and final parcel map. Second Commissioner Mink and approved 7-0. 9. MISSION TRAILS CHARTER SERVICE, INC., 390 LANG ROAD: LETTER DATED JANUARY 3, 1979 FROM HOWARD G. HICKEY Assistant City Planner Yost reviewed this request to continue 'the storage and service of passenger buses on the rear portion of this property for an additional year until January, 1980.(reference Howard G. Hickey's January 3, 1979 letter). No complaints have been received by staff. Mr. Hickey was present. Chairman Jacobs opened the public hearing. There were no audience comments and the hearing was closed. Commissioner Kindig moved for approval of this request for a period of one year to January, 1980. Second Commissioner Taylor and approved 7-0. Appeal procedures were advised. Commissioner Mink was excused at 10:15 P.M. Burlingame Planning Commission Minutes MEETING ITEMS FOR STUDY Page 6 January 22, 1979 10. DRAFT ENVIRONMENTAL IMPACT REPORT, EIR-51E, FOR THE WASTEWATER RECLAMATION PROJECT, PREPARED BY EARTH METRICS INCORPORATED FOR THE CITY OF BURLINGAME City Engineer Kirkup discussed this EIR which he advised was sufficient for a public hearing. After certification by City Council, Council will decide whether to go ahead and how the project will be funded. Commissioner Francard wished to go on record with his belief that this reclaimed water should go to the south and the, good northern water remain here. Item set for hearing February 26, 1979. 11./12./13./14. DRAFT ENVIRONMENTAL IMPACT REPORT, EIR-50P; RECLASSIFICATION; TENTATIVE PARCEL MAP; AND VARIANCE FOR THE BEN-SIMON PROPERTY AT 911/915/927 EL CAMINO REAL Assistant City Planner Yost discussed these items and invited questions from Commission. A concern was expressed about consideration of this rezoning with no plans for the proposed condominium project. A divergent view was expressed that an EIR for a rezoning application should not be contingent upon a specific proposal. City Attorney advised approval of the rezoning could be conditioned upon Commission approval of the final design for the project. Item set for hearing February 8, 1979. 15. TENTATIVE PARCEL MAP, 1530 ROLLINS ROAD, ZONED M-1, FOR WINSTON MANAGEMENT AND INVESTMENT COMPANY, INC. City Engineer Kirkup reviewed this tentative map for the old Advance Star building on Rollins Road. Assistant City Planner Yost stated staff recommends that 25 parking spaces be provided on Parcel A. Access to each of the new parcels was discussed. Item will be scheduled for hearing in February after staff receives additional information. OTHER BUSINESS 16. SPECIFIC PLAN FOR ANZA AREA: PROGRESS REPORT, JANUARY 10, 197 This report was circulated to Commission for information and study. City Council will be studying it Wednesday night, January 24. Commission involvement after Council decision was explained by the City Attorney. ADJOURNMENT The meeting adjourned at 10:53 P.M. Respectfully submitted, Everett K. Kindig Secretary