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HomeMy WebLinkAboutMin - PC - 1980.07.14CITY OF BURLINGAME PLANNING COMMISSION JULY 14, 1980 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman Sine on Monday, July 14, 1980 at 7:35 P.M. ROLL CALL Present: Commissioners Cistulli, Harvey, Jacobs, Mink, Sine, Taylor Absent: None Staff Present: City Planner John R. Yost; Director of Public Works Ralph E. Kirkup; City Engineer Frank Erbacher MINUTES - Upon motion of C. Jacobs, second C. Cistulli, the minutes of the June 23, 1980 meeting were approved and adopted. AGENDA - Upon motion of C. Jacobs, second C. Cistulli, order of the agenda approved. DPW Kirkup introduced Frank Erbacher, newly appointed City Engineer who will be Public Works Department liaison with the Planning Commission. APPLICATIONS FOR ACTION 1. VARIANCE TO ALLOW AN EXISTING CARPORT, CONSTRUCTED WITHOUT A BUILDING PERMIT, TO REMAIN WITHIN 12" OF A SIDE PROPERTY LINE; PROPERTY AT 1527 EASTMOOR ROAD, BY VINCENT FLORES CP Yost reviewed this request to allow an existing 8' x 16' carport to remain as built; Zoning and Building Code violations were noted. Reference staff report dated 6/18/80; Project Application & CEQA Assessment accepted by staff 6/12/80; aerial photograph of the site; site plan and cross section received May 20, 1980; photographs of the site; letters from Vincent Flores received June 9 and June 12, 1980; June 16, 1980 memo from the Chief Building Inspector; and June 16, 1980 memo from the Chief Fire Inspector. Staff believed the legal requirements for variance approval had not been met and recommended denial. Vincent Flores, the applicant, was present; he discussed his reasons for constructing the carport, the matter of Fire Department access, and advised he would correct any Building Code violations. He felt a requirement to remove the carport was unwarranted. Chm. Sine opened the public hearing. There were no comments and the hearing was closed. Discussion included: the fact that a building permit had not been applied for when the carport was constructed; a feeling no evidence had been presented to address the four legal requirements for a variance; concern about the building code violations. C. Taylor moved that this variance application be denied. Second C. Cistulli; motion to deny approved 6-0 on roll call vote. Appeal procedures were advised. Page 2 Burlingame Planning Commission Minutes July 14, 1980 2. SPECIAL PERMIT TO CONSTRUCT A 290 SF STORAGE SHELTER ADJACENT TO THE REAR PROPERTY LINE AT 2814 TIBURON WAY, BY VITO CIPOLLA CP Yost reviewed this application to construct a 10'-6" x 26'-6" storage shelter in the rear yard. Zoning Code regulations were noted and issues raised by the application discussed. Reference staff report dated 6/19/80; Project Application & CEQA Assessment accepted by staff 6/13/80; aerial photograph of the site; June 9, 1980 letter from Vito Cipolla; June 18, 1980 letter from Henry L. Glasser, attorney, on behalf of Dr. and Mrs. Maurice Brown, 2818 Tiburon Way; site plan and construction plans date stamped June 13, 1980; and revised plans date stamped July 9, 1980 (reducing the size of the shelter to 240 SF). Staff believed the shelter was well designed, properly sited and would not adversely affect the neighbors; approval was recommended with the condition that the structure be identical to the amended plans. Commission discussion included: side yard and rear yard measurements; accessory building code requirements; the existing retaining wall; drainage, the possibility of converting this structure to an illegal use; a suggestion that a recorded resolution be required to protect the City in any future use of the shelter. Chm. Sine opened the public hearing. There were no audience comments in favor. Secretary Harvey read a petition in favor signed by 18 neighbors on Tiburon Way and Rivera Drive. The Chair requested comments from those opposed. Henry L. Glasser, attorney representing Dr. and Mrs. Maurice Brown, 2818 Tiburon Way addressed Commission. He expressed concern about the size of the shelter and the potential use of such a large shed, perhaps as a workshop. Terry Roberts, 2829 Rivera Drive also spoke in opposition. He advised his property was directly behind 2814 Tiburon Way, and expressed concern about the visual effect, drainage and materials used for the structure. At this time a Mr. Peterson requested permission to speak for Mr. Cipolla. It was determined he had been in the construction business for 33 years and was an estimator with some engineering training. He discussed the drawings; visual effect of the shelter; water drainage; and noted that the shelter would be used primarily for storage. He added that the applicant would be willing to provide landscaping to mitigate any visual problem. Discussion continued: size of the structure; materials to blend with the character of the neighborhood; landscaping; building and encroachment permits; lot coverage; the code requirement for a 4' separation between the house and the proposed shelter; possibility of a future mother-in-law apartment; visual effect on the neighbors; details of this structure which was started a year ago and stopped by the Building Department. The absence of electrical outlets on the plans was noted. Chm. Sine then closed the public hearing. A minority of Commission supported this application subject to a resolution which would protect the City in future. C. Taylor moved to deny this special permit. Second C. Cistulli; motion to deny approved 4-2 on roll call vote, Cers Harvey and Sine dissenting. Appeal procedures were advised. 3. VARIANCE TO ALLOW A 180 SF FAMILY ROOM ADDITION TO BE CONSTRUCTED 11' FROM THE REAR PROPERTY LINE AT 1101 CLOVELLY LANE, ZONED R-1, FOR LARRY COPELLO CP Yost reviewed this application to construct a family room/kitchen addition at the back of the existing house, and noted the variances required. Reference staff report dated 7/10/80; Project Application & CEQA Assessment accepted by staff 7/4/80; aerial photograph and copy of Sanborn Map of the site; site drawings indicating the existing structure, proposed addition, existing nonconformities and proposed rear yard variance; June 12 and 23, 1980 letters from Mr. and Mrs. Larry Copello; June 13, 1980 letter from Home Construction Co.; and 7/2/80 memo from the Chief Building Inspector. Burlingame Planning Commission Minutes Page 3 July 14, 1980 In view of the unusual location and proportions of this lot, and the location of the proposed family room, staff had no objection to approval. Larry Copello, the applicant, was present. He discussed his need for more space to accommodate his growing family, and noted that without this upgrading of the property the resale value of the home would be affected. C. Mink verified findings of fact with the applicant: that the lot is of a very unusual shape; that there is a pre-existing structure which intrudes into the rear yard and the proposed addition would not intrude as far or worsen the pre-existing condition which the applicant purchased; that the addition would allow the applicant continued enjoyment of his property; and the General Plan of the City would not be adversely affected. Chm. Sine opened the public hearing. There were no comments and the hearing was closed. It was felt the present owner should not be penalized for an illegal addition by a previous owner, and that the addition would be in conformance with the Housing Element of the General Plan which promotes rehabilitation and upgrading of older homes. Based on the findings of fact previously stated, C. Mink moved for approval of the variance application. Second C. Cistulli and approved 6-0 on roll call vote. Appeal procedures were advised. Recess 9:05 P.M.; reconvene 9:20 P.M. 4. TENTATIVE PARCEL MAP TO RESUBDIVIDE A PORTION OF LOTS 9 AND 10, BLOCK 6, BURLINGAME LAND COMPANY; PROPERTY AT 612/616 ANSEL AVENUE, FOR GERALD P. GIROUARD Reference June 19, 1980 memo from the Asst. City Engineer. DPW Kirkup recommended approval of this map which would combine two existing lots into a single parcel, on condition that the existing buildings be removed prior to approval of the final parcel map. C. Jacobs moved for approval and recommendation to City Council of this tentative parcel map with the stipulation that the existing buildings be removed prior to approval of the final map. Second C. Mink and approved 6-0 on roll call vote. 5. CONDOMINIUM PERMIT FOR ANSEL ARMS, A 9 UNIT CONDOMINIUM PROJECT AT 616 ANSEL AVENUE, BY ROBERT ONORATO FOR GERALD P. GIROUARD CP Yost reviewed this application to construct a three story nine unit condominium project. Reference staff report dated 6/19/80; Project Application & CEQA Assessment accepted by staff 5/28/80; aerial photograph of the site; June 18, 1980 memo from the Asst. City Engineer; June 3, 1980 memo from the Chief Fire Inspector; 5/30/80 memo from the Park Director; architectural plans date stamped June 6, 1980; and landscaping and irrigation plans dated 5/20/80. With amendments to the basement parking design, staff had no objection to approval with four conditions as listed in the staff report. Robert Onorato, representing Gerald P. Girouard, the applicant, was present. He confirmed that the new parking standards had been discussed with staff and the applicant had agreed to amend the plans. Chm. Sine opened the public hearing. Alice Engdahl, 618 Ansel Road spoke in favor. She inquired about the location of the condominium and CP Yost explained with the plans. There were no further comments and the hearing was closed. There was some objection expressed to approving this permit until the basement plans had been finalized with staff. Staff advised the building permit would not be issued until modifications had been approved by the Planning and Public Works Departments. Page 4 Burlingame Planning Commission Minutes July 14, 1980 C. Jacobs moved for approval of this condominium permit with the following conditions: (1) that the final working drawings for this condominium project be generally consistent with the plans filed with this application; (2) that an amended basement plan be submitted for review and approval by the Planning and Public Works Departments; (3) that the conditions recommended by the June 18, 1980 memo from the Asst. City Engineer be met; and (4) that the final landscaping and irrigation plans be approved by the Park Director prior to the issuance of a building permit. Second C. Cistulli and approved 6-0 on roll call vote. Appeal procedures were advised. 6. TENTATIVE SUBDIVISION MAP FOR 9 CONDOMINIUM UNITS AT 616 ANSEL AVENUE, FOR GERALD P. GIROUARD DWP Kirkup recommended approval with the condition that the existing easement be specifically determinedand identified on the map as clear of any building locations. Reference June 18, 1980 memo from the Asst. City Engineer. C. Mink moved for approval and recommendation to City Council of this tentative subdivision map with the condition recommended by staff. Second C. Cistulli and approved unanimously on voice vote. 7. CONDOMINIUM PERMIT FOR THE HIGHLANDER, A 6 UNIT CONDOMINIUM PROJECT AT 15 HIGHLAND AVENUE, BY MARK STEPHENSON OF D. L. WALKER ARCHITECTURAL SERVICES FOR THOMAS J. GLYNN CP Yost reviewed this application to construct six 2 -story townhouses. Reference staff report dated 6/19/80; Project Application & CEQA Assessment accepted by staff 5/29/80; aerial photograph of the site; June 18, 1980 memo from the Asst. City Engineer; June 3, 1980 memo from the Chief Fire Inspector; and architectural and landscape plans date stamped June 13, 1980. Staff recommended approval with three conditions as listed in the staff report. Mark Stephenson, D. L. Walker Architectural Services, was present representing Thomas J. Glynn, property owner. He advised the project would blend with the character of the neighborhood; meets all zoning ordinance, condominium and Fire Code regulations. Chm. Sine opened the public hearing. There were no comments and the hearing was closed. It was determined the applicant was aware of the Engineering Department requirements that must appear on the working drawings. C. Jacobs moved for approval of this condominium permit with the following conditions: (1) that the final working drawings for this condominium project be consistent with the plans filed with this application; (2) that the conditions recommended by the June 18, 1980 memo from the Assistant City Engineer and June 3, 1980 memo from the Chief Fire Inspector be met; and (3) that the final landscaping and irrigation plans be approved by the Park Department prior to the issuance of a building permit. Second C. Mink and approved 6-0 on roll call vote. Appeal procedures were advised. 8. TENTATIVE SUBDIVISION MAP FOR 6 CONDOMINIUM UNITS AT 15 HIGHLAND AVENUE, FOR THOMAS J. GLYNN DPW Kirkup recommended approval as submitted. C. Mink moved for approval and recommendation to City Council of this tentative subdivision map. Second C. Cistulli and approved unanimously on voice vote. Burlingame Planning Commission Minutes Page 5 July 14, 1980 9. CONDOMINIUM PERMIT FOR BIARRITZ CONDOMINIUMS, A 4 UNIT PROJECT AT 1299 EL CAMINO REAL, BY GEORGE RESCALVO FOR R/G ENVIRONMENTAL DEVELOPMENT CP Yost reviewed this application to construct a 4 -unit, 3 -story project at the corner of E1 Camino Real and Easton Drive. Staff concerns regarding landscaping/irrigation, open space, Engineering Department requirements and on-site parking were discussed. Reference staff report dated 6/17/80; Project Application & CEQA Assessment accepted by staff 6/4/80; aerial photograph of the site; June 4, 1980 memo from the Chief Fire Inspector; June 18, 1980 memo from the Asst. City Engineer; and architectural/ landscaping plans date stamped May 22, 1980. In view of the inadequate parking design, staff recommended denial. If approved, three conditions were recommended as listed in the staff report. It was determined the parking plan did not meet the new parking standards, and that the existing trees would not obstruct the driveway entrance. Several unusual circum- stances were noted, and the possibilities for providing general open space were discussed. George Rescalvo, the applicant, was present. He advised of his difficulties in the design, especially the parking plan. Commission discussion included: lot coverage; public open space and general open space for the occupants; the parking plan, with a suggestion that some spaces be allowed of compact size. C. Cistulli relayed a telephone call from one of the neighbors requesting a fence be constructed along the side property line (applicant agreed to this). Chm. Sine opened the public hearing. There were no comments and the hearing was closed. There was further discussion in detail concerning the parking provided. One Commissioner was reluctant to approve the application unless the parking met the new code standards; another suggested no change in the proposed parking, leaving the owner to make the necessary arrangements. C. Jacobs moved for approval of this condominium permit with the following conditions: (1) that the final worki.ng drawings for this condominium project be consistent with the plans filed with this application; (2) that the engineering requirements of Commission Resolution No. 16-75 be met to the satisfaction of the Public Works Department prior to the issuance of a building permit; (3) that the final landscaping and irrigation plans be approved by the Park Department prior to the issuance of a building permit; (4) that the six conditions of the June 18, 1980 memo from the Asst. City Engineer be met; and (5) that parking space #7 be marked "compact car only". Second C. Cistulli and approved 4-2 on roll call vote, Cers Mink and Sine dissenting. Appeal procedures were advised. 10. TENTATIVE SUBDIVISION MAP FOR 4 CONDOMINIUM UNITS AT 1299 EL CAMINO REAL, FOR GEORGE RESCALVO AND JEAN GOROSTIAGUE On the basis of the conditions placed on the condominium permit, DWP Kirkup recommended approval. C. Cistulli moved for approval and recommendation to City Council of this tentative subdivision map. Second C. Harvey and approved unanimously on voice vote. 11. SPECIAL PERMIT TO OPERATE A CAR RENTAL AGENCY IN THE M-1 DISTRICT AT 1555 BAYSHORE HIGHWAY WITH CAR STORAGE AND SERVICING AT THE UNION 76 STATION, 1876 EL CAMINO REAL; BY PHILLIP GLECKMAN, DBA PAYLESS CAR RENTAL CP Yost reviewed this application to operate an "Off -Airport" car rental agency. A special permit granted Payless in 1978 by Commission and Council was detailed as well as a follow-up site inspection in 1979. Reference staff report dated 6/16/80; Project Application & CEQA Assessment accepted by staff 6/4/80; aerial photograph of the site; site drawing, 1555 Bayshore Highway; 5/19 and 6/3/80 letters from Phillip Gleckman; June 3, 1980 letter from Floyd A. Stover, Smokey's Union, Page 6 Burlingame Planning Commission Minutes July 14, 1980 1876 E1 Camino Real; letters in support of the application from: Houston's Union 76, 1500 Bayshore Highway; Reis-Durelli Lincoln-Mercury, 2 California Drive; Neil J. Vannucci, V&T Investments, property owner, 1555 Bayshore Highway; B. Elissagaray, Vice President and Manager, Bank of America, 400 E1 Camino Real, Burlingame; and copy of City Council minutes of October 16, 1978 approving Payless Car Rental's application. In view of recent site inspections and the absence of complaints about the operation, staff recommended this new application be approved with six conditions as listed in the staff report. Staff advised that Payless had not stored vehicles at 1876 E1 Camino Real since the new owner took over in July, 1979; the reason for the proposed limitation of employees at 1555 Bayshore Highway was explained. Phillip Gleckman, the applicant, was present. He discussed his fleet size and confirmed no vehicles have been stored at the Union 76 station. He also stated he had been operating the business to the specifications of the previous approval. Chm. Sine opened the public hearing. There were no comments and the hearing was closed. C.Jacobs referred to the Scenic Highway Element of the General Plan, noted El Camino Real is a scenic highway, and expressed concern about a parking lot at 1876 E1 Camino. Other Commissioners remarked that the lot was barely visible from the street and the station is located on the frontage road, not E1 Camino Real itself. Some minor changes were suggested in the conditions of approval as suggested by the CP. C. Mink then moved for approval of this special permit with the following conditions: (1) that the permit be approved to Phillip Gleckman, President of West Side Associates and/or Payless Car Rental System, and be nontransferable; (2)' that the operation of this agency shall be consistent with the information filed with this application by Mr. Gleckman; (3) that the Burlingame agency shall have not more than two employees and one office manager at any one time; (4) that there shall be not more than 40 vehicles in the rental fleet, with not more than 4 company cars at 1555 Bayshore Highway, to be parked in those spaces identified A -D on the site plan; (5) that there shall be not more than 15 vehicles stored at 1876 E1 Camino Real, to be located as shown on the site plan filed with the application; and (6) that the permit be subject to review and possible modification in one year. Second C. Cistulli and approved 5-1 on roll call vote, C. Jacobs dissenting. Appeal procedures were advised. COMMUNICATION 12. REQUESTED 12 MONTH EXTENSION OF JUNE 25, 1979 SPECIAL PERMIT (AS AMENDED JULY 23, 1979) TO ALLOW THE CONSTRUCTION OF A 32,000 SF OFFICE BUILDING AT 1440 CHAPIN AVENUE Reference July 9, 1980 letter from Kevin P. Stewart, Annco Properties requesting this 12 month extension. CP Yost advised that the CA thought it appropriate to grant any extension from the date of the amendment, July 23, 1979. There was concern expressed about the existing excavation and possible City liability. It was noted that ground water at the site is not always under control and a request was made that any special permit extension require the area to be maintained in a proper manner. Following further discussion concerning the length of an extension and possible motions, C. Mink moved that an extension of 45 days from July 23, 1980 be granted to Annco Properties, with the understanding the applicant would return at that time and address the problems associated with the excavation, submitting conditions for amelioration of the problems. Second C. Jacobs; approved 5-0 on voice vote, C. Harvey abstaining (possible conflict of interest). Page 7 Burlingame Planning Commission Minutes July 14, 1980 APPLICATIONS FOR STUDY The following applications were set for public hearing July 28, 1980: 13. SPECIAL PERMIT TO ALLOW THE POPLAR CENTER TO OFFER AN ADULT ACTIVITY PROGRAM FOR UP TO 65 HANDICAPPED PERSONS AT PERSHING SCHOOL, 1560 NEWLANDS AVENUE Request: additional detail from the applicant on their proposed use of the playground including hours it would be in use. 14. SPECIAL PERMIT TO ALLOW RETAIL CLEARANCE SALES ON WEEKENDS IN AN EXISTING WAREHOUSE AT 1535 ROLLINS ROAD; PROPOSED LESSEE - THE EMPORIUM-CAPWELL COMPANY Requests: that an authorized representative of Emporium-Capwell be present for the public hearing; the volume of business expected; type of merchandise; where the expected customers will come from; and a list of the adjacent businesses. 15. VARIANCES TO CONVERT 12 PARKING SPACES TO TWO MEDICAL OFFICE SUITES WITHIN THE EXISTING PENINSULA PROFESSIONAL CENTER, 1828 EL CAMINO REAL OTHER BUSINESS 16. POSSIBLE REGULATION OF NEWSSTANDS IN THE COMMERCIAL DISTRICTS Reference July 10, 1980 memo from the City Attorney noting a 1977 court case which involved the City of Los Angeles ordinance controlling the placement of newsracks; CA would not encourage such an ordinance. It was noted the number of newsracks could not be regulated. Commission did not wish to pursue the matter further. CITY PLANNER REPORT 17. Commissioner Jules Francard's resignation from the Planning Commission as of June 18, 1980 was acknowledged, as well as July 7, 1980 memo from the Park Director to the City Manager reporting the Beautification Commission's recognition of Mr. Francard's many years of community service. At the Beautification Commission's request and by unanimous approval of City Council, the 45 young live oaks recently planted in Mills Canyon have been designated in his honor as Jules L. Francard Grove (ref. City Manager's July 10, 1980 letter to Mr. Francard). 18. JUNE 12, 1980 REQUEST BY THE TRAFFIC, SAFETY & PARKING COMMISSION THAT THE PLANNING COMMISSION "REVIEW AND MAKE RECOMMENDATIONS REGARDING THE FEASIBILITY OF CONSTRUCTING A PARKING STRUCTURE ON CITY PARKING LOTS E, J, C AND A" CP Yost distributed copies of the latest updated zoning ordinance to all Commissioners (reference pg. 33a which indicates the City parking lots and the Burlingame Avenue Area Off -Street Parking District). Staff advised the TS&P Commission have requested the Planning Commission's input regarding the future growth of downtown Burlingame. Considerable discussion followed regarding: each of the parking lots in question; the costs of a parking structure; the various areas where office and/or commercial development might occur; Commission's recommendations to City Council in December of 1979; employee vs. public parking; and parking charges. Staff will transmit Commission comments to the Traffic, Safety & Parking Commission. Page 8 Burlingame Planning Commission Minutes July 14, 1980 19. RECOMMENDED.RECLASSIFICATION OF THE SISTERS OF MERCY PROPERTY FROM THE R-1 ZONING DISTRICT TO "UNCLASSIFIED" CP Yost reviewed his letter of June 23, 1980 to Sister Rosemary Sullivan which noted zoning ordinance requirements for annexed properties and permitted uses in the R-1 District. Staff felt it would be to everyone's best interests if the property were changed to an "unclassified" designation, thus allowing any use if a permit is approved by the City following application and public hearing. Commission concurred; a suggestion was made that consideration be given to establishing an "institutional zone" at some future time. 20. CP reported that at their July 7, 1979 meeting City Council had sustained Mr. Stephen Kircher's appeal of P.C.'s denial of a variance to create a 3,295 SF lot at the back of 841 Fairfield Road; City Council approved the variance with the condition that lot coverage of the new home on this lot should not exceed 1,100 SF. 21. City Council adoption of Ordinances 1182, 1183, 1184 and 1185 was also reported. OTHER C. Mink reported on a recent meeting of the Joint Powers Authority for Airport Compatibility (JPAC), initially to include those cities most directly affected by San Francisco International Airport (Burlingame, Millbrae, San Bruno and South San Francisco). He stressed the need for community interest and involvement in all aspects of the airport which affect nearby cities. He suggested meetings with those city officials knowledgeable about the airport, and joint meetings with officials and commissions of nearby cities. CP Yost noted that a number of techical reports on the airport are available in the Planning Department. It was requested that the "Summary of the Joint Action Plan to Improve Compatibility between San Francisco International Airport and San Mateo County Environs Area" be copied for all Commissioners. ADJOURNMENT The meeting adjourned at 11:32 P.M. Respectfully submitted, Joseph E. Harvey Secretary