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HomeMy WebLinkAboutMin - PC - 1981.07.27CITY OF BURLINGAME PLANNING COMMISSION JULY -27, 1981 - 7:30 P.M. CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman Jacobs on Monday, July 27, 1981 at 7:35 P.M. ROLL CALL Present: Commissioners Cistulli, Garcia, Graham, Harvey, Leahy, Mink, Jacobs Absent: None Staff Present: Acting City Planner Margaret Monroe; City Attorney Jerome F. Coleman; City Engineer Frank C. Erbacher MINUTES The minutes of the July 13, 1981 meeting were unanimously approved and adopted with the following correction: add to paragraph 5, page 3 - "Further concerns were expressed about allowing construction of the garage without issuing the other permits required for conversion of the existing duplex garages to living area; and the fact that the applicant was not yet resident on the site." AGENDA - Order of the agenda unanimously approved. PUBLIC FORUMS 1. PUBLIC FORUM TO DISCUSS A PROPOSED 44 -UNIT APARTMENT PROJECT AT 1800 EL CAMINO REAL; PRESENTED BY DEL DAVIS ASSOCIATES, INC. Reference staff report with attached Notice of Public Forum and site drawings. Del Davis of Del Davis Associates, Inc., consultant preparing the EIR for this project, discussed CEQA requirements and the proposed project. He then requested audience comments which would be incorporated into the Draft EIR. The following individuals spoke as well as several of the Commissioners: Rino Bulgareili, owner of 1828 E1 Camino Real and Bill Ojakian, manager of Mills Estate Liquors, 1818 E1 Camino Real. Concerns expressed: parking as impacted by the Police Station and adjacent convalescent home; traffic flow; ingress/egress from the site; how much additional curbside parking might become available with the closing of existing curb cuts; lot coverage; setbacks; height; zoning classification; shadow impacts; possibility of condominium conversion and impacts which might result; ratio of existing building heights in the area; would the gym provided in the proposed building be for public use. There were no further comments; Chm. Jacobs thanked all interested individuals for their input. Burlingame Planning Commission Minutes Page 2 July 27, 1981 2. PUBLIC FORUM TO DISCUSS PROPOSED AMENDMENTS TO THE CITY ORDINANCES CONCERNING THE BURLINGAME AVENUE OFF-STREET PARKING DISTRICT Reference staff report with attached memorandum from the City Attorney. CA Coleman reviewed the background of Commission's Burlingame Avenue Parking District study and discussed his understanding of the proposal. He was interested in hearing concerns of the business community before he drafts the ordinance. The following individuals spoke: Joseph Karp, 1209 Burlingame Avenue; R. E. (Bill) Saleme, President, Bay View Federal Savings and Loan, 1310 Howard Avenue; Hans Arps, First Interstate Bank, 1435 Burlingame Avenue; Lloyd Ross (an Atheron resident presently looking at property in Burlingame); Bill Lambert (a Lorton Avenue resident with two businesses in the city); Bruce Kirkbride, 1229 Burlingame Avenue; Berry Hurley, 231 California Drive; Thomas Sine (former Planning Commissioner); Don Spencer, Manager, Burlingame Chamber of Commerce. Comments and concerns: is it fair to require long time businesses which are destroyed to move to another location?, recommend grandfathering existing businesses of this type; define the term "retail" more liberally; businesses in proposed Zone A which have invested substantially should be permitted reasonable expansion; future planning should not impede progress of the community as it now exists; parking is the real problem, not zoning; attack parking problem, retaining present zoning (conduct survey to determine how many cars are parked in the downtown area before retail stores open for the day); rather than penalizing banks, savings & loans, etc., try enforcement which would make parking spaces available to the retail customers; ask Chamber of Commerce and/or its members to pay for parking studies; don't penalize those property owners who have bought downtown lots and are still paying for them on through district taxes; make parking equitable in terms of time allowed in the downtown area; the proposed parking restructuring program should alleviate some of the problems; parking miter fee is much less than many other cities; suggest adjusting parking rates in "� downtown, making temporary zones available for longer term parking and encouraging all day parking in peripheral lots near the railroad station. During Commission discussion it was noted Parking District exemptions and credits would be eliminated. Consensus appeared to be that further Commission discussion should take place regarding two issues: grandfathering of uses in the event of a catastrophe; and major remodeling or expansion of existing uses. Commission indicated it would be useful to discuss these issues and to give the City Attorney direction for the draft ordinance. Chm. Jacobs thanked all present for their input. Recess 9:04 P.M.; reconvene 9:20 P.M. 3. VARIANCE TO ADD A 462 SF TWO STORY ADDITION TO A HOUSE WITH ONE ON-SITE PARKING SPACE (RATHER THAN THE TWO REQUIRED); PROPERTY AT 1604 MC DONALD WAY, BY PETER K. WANGER. JR. ACP Monroe reviewed this variance request for an addition to the existing nonconforming two story home. Reference staff report dated 7/22/81; Project Application & CEQA Assessment accepted by staff 7/13/81; aerial photograph; memo from the City Engineer received July 22, 1981; 7/22/81 memo from the Chief Fire Inspector; memo from the Chief Building Inspector; June 22 and 25, 1981 letters from Peter K. Wanger, Jr.; and plans date stamped June 23, 1981. ACP discussed the existing site, code requirements, staff comments and the applicant's justification for the variance. Staff recommended approval with one condition as listed in the staff report. Burlingame Planning Commission Minutes Peter Wanger, the applicant, was present. There were no comments and the hearing was One Commissioner stated his belief that two garage. Page 3 July 27, 1981 Chm. Jacobs opened the public hearing. closed. Possible findings were discussed. cars could be parked in the existing C. Harvey found that there were exceptional and extraordinary circumstances in that it would be economically impractical and possibly impossible to expand the use of the garage; that the applicant bought the house in its existing condition and therefore he could not be held responsible for its design at that time; that the variance would be necessary for the preservation and enjoyment of the rights of the property owner inasmuch as his family is expanding; that it would create a hardship on him were he not allowed to expand the house to provide for his current needs; that the granting of such a variance would not be materially detrimental to the public health, safety and welfare; and that it is a R-1 zoned property and therefore would not affect the comprehensive zoning plan of the city. C. Harvey then moved to grant this variance with the condition that all requirements of the Building Code be met. Second C. Graham; motion approved on a 6-1 roll call vote, C. Cistulli dissenting. Appeal procedures were advised. 4. VARIANCE TO ADD A SECOND STORY BATHROOM TO THE EXISTING NONCONFORMING HOUSE AT 836 FAIRFIELD ROAD, BY CHRISTO DASKALAKIS ACP Monroe reviewed this request to add a 64 SF bathroom to the existing nonconforming three bedroom home. Reference staff report dated 7/22/81; Project Application & CEQA Assessment accepted by staff 7/13/81; aerial photograph; 7/16/81 memo from the City Engineer; 7/22/81 memo from the Chief Building Inspector; 7/14/81 memo from the Fire Marshal; June 5, 1981 letter from the applicant with photographs of the site; site plans date stamped June 9, 1981; existing building survey prepared by Frdd C. Guenther, Jr., civil engineer; and July 21, 1981 letter to the applicant from Helen Towber, Zoning Aide. ACP discussed the existing site, code requirements, staff comments and concerns, and the applicant's justification for variance. Planning staff concerns focused on the overhang of the gutter onto the neighbor's property. Revised drainage plans which had been reviewed by the Building and Engineering Departments were distributed this evening addressing the gutter overhang and drainage problem. If approved, four conditions were recommended as listed in the staff report. The applicant, Christo Daskalakis, was present. CE confirmed that the revised design was acceptable to him. It was determined the existing roof would be removed and that the basic footprint of the house would not change. Possible findings were discussed. Chm. Jacobs opened the public hearing. Evelyn Harper, 832 Fairfield Road spoke in favor. There were no further comments and the hearing was closed. C. Mink found there were exceptional circumstances in the unusual siting of this house on the property; that granting of the variance would not be materially detrimental to the neighbors if all Engineering, Building and Fire Department requirements were met; that such variance would be necessary for the preservation and enjoyment of the rights of the property owner in his need for more privacy and space; and that the proposal would not affect the zoning plan of the city. C. Mink then moved for approval of this variance with the following conditions: (1) that all living areas shall be separated from the garage by a one hour fire wall protection; (2) that there shall be no encroachment on the property line and a survey of the property lines with visible markers on all corners shall be completed; (3) that required light and air shall be maintained to the existing bedroom; and (4) that there be compliance with all Building Code requirements for additions to an existing structure in this location on a lot. Second C. Cistulli; motion approved on a 7-0 roll call vote. Appeal procedures were advised. Burlingame Planning Commission Minutes Page 4 July 27, 1981 5. VARIANCE TO ADD A DECK TO THE REAR OF THE EXISTING NONCONFORMING HOUSE AT 2501 HALE DRIVE; BY MR. AND MRS. P. R. SCHAUER ACP Monroe reviewed this request to add a second story deck with storage area at grade under it and a stairway to ground level at the back of this home. Reference staff report dated 7/23/81; Project Application & CEQA Assessment accepted by staff 7/20/81; aerial photograph; 7/21/81 memo from the City Engineer; 7/22/81 memo from the Fire Marshal; 7/22/81 memo from the Chief Building Inspector; July 9, 1981 letter from the applicants; letters in support from: Dr. and Mrs. R. L. Florio, 1431 Castillo Avenue and Joy M. Edwards, 2505 Hale Drive; and pians date stamped July 10, 1981. ACP discussed code requirements, staff comments and concerns, and the applicants' justification for variance. Staff believed the legal requirements for a variance had been satisfactorily addressed. If approved, four conditions were suggested as listed in the staff report. Mr. and Mrs. Schauer, the applicants, were present as well as Robert Williams, architect for the project. As requested by staff, Mr. Williams presented a cross section of the new terrace and discussed the plans for this addition. It was determined the storage area would be used for garden supplies and firewood. Chm. Jacobs opened the public hearing. There were no comments and the hearing was closed. Commission identified no problem with the proposal; it would provide the applicants better use of their home, particularly for supervision of small children. Based on the comments of the staff report, the statements submitted by the applicant and testimony given this evening, C. Mink found that the four legal requirements had been met as demonstrated in the staff report. C. Mink then moved for approval of this variance with the following conditions: (1) that all comments in the memos of the Fire Marshal and Chief Building Inspector be addressed; (2) that only one doorway be provided to the storage area and that doorway be on the wall facing the side yard; (3) that adequate plans for building permit issuance be provided; and (4) that electricity be the only utility provided in the storage area. Second C. Cistulli; motion approved unanimously on roll call vote. Appeal procedures were advised. 6. VARIANCE TO REMODEL THE EXISTING NONCONFORMING STRUCTURE AT 1288 BAYSHORE HIGHWAY: BY AMERICAN INTERNATIONAL RENT -A -CAR ACP Monroe reviewed this application for remodeling of a nonconforming structure to allow removal of a portion of the existing building and remodeling the interior of the remaining office area. Reference staff report dated 7/22/81; Project Application & CEQA Assessment accepted by staff 6/25/81; aerial photograph; 6/26/81 memo from the City Engineer; 6/29/81 memo from the Fire Marshal; July 1, 1981 memo from the Chief Building Inspector; June 16, 1981 letter from Denise Johnson, American International Rent-A-Car; July 9, 1981 letter from Ellis L. Jacobs, AIA; and plans date stamped June 18, 1981. ACP discussed code requirements, staff comments, applicant's justifi- cation for variance, plans for improved ingress/egress, and past use of the site. Staff recommended approval. It was determined the front setback was the only code requirement which was nonconforming. Ellis Jacobs, architect representing the applicant, was present. Chm. Jacobs opened the public hearing. There were no comments and the hearing was closed. Commission believed the circulation plan proposed by the applicant would be an improvement of the property. C. Graham found the four legal requirements necessary for variance approval had been met. He then moved to grant this variance. Second C. Cistulli; motion approved unanimously on roll call vote. Appeal procedures were advised. Burlingame Planning Commission Minutes Page 5 July 27, 1981 7. CONDOMINIUM PERMIT TO CONSTRUCT THE OLIVIA, A 6 UNIT PROJECT AT 518 ALMER ROAD; BY JOHN I. MARSTON ACP Monroe re0ewed this application to construct a three story, six unit condominium. Reference staff report dated 7/22/81; Project Application & CEQA Assessment accepted by staff 6/5/81; aerial photograph; memo from the City Engineer received July 22, 1981; July 2, 1981 memo from the Chief Building Inspector; memo from the Chief Fire Marshal date stamped June 29, 1981 with attachment dated 6/30/81; 7/2/81 memo from the Park Director; and plans date stamped July 2, 1981. ACP reviewed details of the plans, compliance with zoning ordinance requirements and condominium guidelines and staff comments. Staff recommended approval with four conditions as listed in the staff report. Robert Onorato, architect for the project, was present. He discussed with staff the fence which would extend into the front yard setback. ACP indicated staff's concern about future fencing of the landscaped front yard. Chm. Jacobs opened the public hearing. There were no comments and the hearing was closed. C. Graham 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 City Engineer in his July 22 memo, the Chief Building Inspector in his July 2 memo, the Fire Marshal in his June 29 memo and June 30 attachment, and the Park Director in his July 2 memo be.met-satisfactorily; (3) that no fences be allowed in the front yard setback except as shown on the plans; and (4) that the final landscaping and irrigation plans be approved by the Park Director prior to issuance of a Building Permit. Second C. Mink; motion approved 7-0 on roll call vote. Appeal procedures were advised. 8. TENTATIVE SUBDIVISION MAP FOR 6 CONDOMINIUM UNITS AT 518 ALMER ROAD CE Erbacher recommended approval (ref, memo of July 22, 1981). C. Harvey moved for approval and recommendation to City Council of this tentative subdivision map. Second C. Cistulli; all aye voice vote. 9. CODE DETERMINATION: CALIFORNIA INSTITUTE FOR SELF DEFENSE, 1214-A DONNELLY AVENUE ACP Monroe reviewed this application to determine whether classes on the use and handling of tear gas offered by the California Institute for Self Defense are similar to those uses permitted in the C-1 District, and unlikely to be obnoxious or detrimental to the neighborhood. Reference staff report dated 7/22/81; Project Application & CEQA Assessment accepted by staff 6/4/81; aerial photograph; site drawing; photographs of the site; July 1, 1981 memo from the Chief Building Inspector; and July 6, 1981 memo from the Fire Marshal. ACP discussed details of the application, staff comments and concerns. Staff recommended this use not be permitted at this location; if found to be a permitted use, one condition was recommended as listed in the staff report. Rudy Bosco, Executive Vice President of the Institute was present representing the applicant. He discussed the operation of this business and advised that, given the limitation on class size, the site would not be suitable. It was determined the applicant had obtained a business license at this address. Chm.. Jacobs opened the public hearing. There were no comments and the hearing was closed. Based on the testimony this evening that the permissible class size would not be acceptable to the applicant and staff's recommendation that the use not be permitted, C. Harvey moved that the continued use of this site for these classes be denied. Second C. Graham; motion to deny approved 7-0 on roll call vote. Appeal procedures were advised. Burlingame Planning Commission Minutes Page 6 July 27, 1981 10. FINAL CONDOMINIUM MAP FOR SPRING TERRACE, A 12 UNIT TOWNHOUSE PROJECT AT 733-737 FAIRFIELD ROAD; BY ZEV BEN-SIMON, GILCO CONSTRUCTION.COMPANY CE Erbacher recommended approval (memo July 22, 1981). C. Mink moved for approval and recommendation to City Council of this final condominium map. Second C. Graham; all aye voice vote. MEETING ITEMS FOR STUDY 11. CONDOMINIUM PERMIT TO CONSTRUCT A 15 UNIT PROJECT AT 30 LORTON AVENUE Plans are not complete at present and a meeting has been scheduled with the developer for Wednesday, July 29. Item to be scheduled for hearing when staff determines the application is complete. 12. TENTATIVE CONDOMINIUM AND PARCEL MAP FOR THE ABOVE To be set for hearing at the time of the condominium permit. 13. SPECIAL PERMIT TO CONSTRUCT A 330 SF STORAGE/CABANA STRUCTURE AT 1441 DRAKE AVENUE Set for hearing August 10, 1981. CITY PLANNER REPORT 14. SPECIAL PERMIT FOR AIRPORT PARKING FACILITY ON LOTS 14, 15 AND PARCEL B AT 615 AIRPORT BOULEVARD Reference staff report dated 7/21/81 and July 8, 1981 letter from David H. Keyston, =.qjz- Anza Shareholders' Liquidating Trust advising these lots have been sold and are no longer being used for parking. ACP Monroe reported that a site inspection by staff has confirmed this. 15. OFFICE CONDOMINIUM REVIEW: 345 LORTON AVENUE Reference staff report dated 7/22/81 and July 20, 1981 letter from Mark Stephenson, Project Architect, D. L. Walker Architectural Services. ACP Monroe reviewed Mr. Stephenson's letter inquiring if the number of condominium units in this project was fixed at 16, as approved on April 27, 1981. Staff concerns were noted and Commission comments requested.• Mark Stephenson and Tony Carrasco of D. L. Walker Architectural Services were present. Mr. Stephenson stated his feeling that office condominium plans might be considered tentative, similar to the tentative map. Discussion: when considering an office condominium, is the approval for a specific number of units? is the required parking influenced by the number of units? would revision to the number of units in the project represent remodeling and therefore not be allowed under the terms of the present moratorium in the downtown area? Consensus was since the applicant determines the number of units to be considered when he applies, the applicant must construct the project with the number of units approved in the condominium permit (16 in this case). The applicant may wait until the moratorium is over and, if he wishes, revise the number of units by requesting an amendment to his condominium permit. Burlingame Planning Commission Minutes Page 7 July 27, 1981 Further discussion focused on procedures for handling final condominium plans when the final plans deviate from the approved tentative map and referenced architectural plans. In the case of offices it was suggested developers may wish to recommend a range of units. Commissioners noted that if a range were to be approved there may be a need to restudy the parking requirements for office condominiums. In addition, changes in residential condominiums from tentative map with appended architectural plans to final maps were also discussed. Commissioners expressed concern about changes which affect landscaping plans, unit private open space requirements, and zoning code requirements such as setbacks, height, parking, et cetera. 16. ACP Monroe reported the following City Council actions at its July 20, 1981 meeting: - The appeal by Mr. and Mrs. Jeffrey Camilleri of the Planning Commission's denial of special permit was sustained. The garage was approved as constructed at 2409 Hillside Drive. - The Planning Commission's denial of a special permit to allow operation of a car rental agency at 1300 Bayshore Highway by Executive Rent-A-Car was upheld; vacation of the property to be completed by October 1, 1981. Awoi IRNMFNT The meeting adjourned at 10:55 P.M. Respectfully submitted, Joseph E. Harvey Secretary