HomeMy WebLinkAboutMin - PC - 1982.09.27CITY OF BURLINGAME PLANNING COMMISSION
SEPTEMBER 27, 1982
CALL TO ORDER
A regular meeting of the Planning Commission, City of Burlingame was called to order by
Chairman Mink on Monday, September 27, 1982 at 7:30 P.M.
ROLL CALL
Present: Commissioners Cistulli, Garcia, Giomi, Graham, Harvey, Leahy, Mink
Absent: None
Staff Present: City Planner Margaret Monroe; City Attorney Jerome F. Coleman;
City Engineer Frank C. Erbacher; Fire Marshal Malcolm Townes
MINUTES - The minutes of the September 13, 1982 meeting were unanimously approved and
adopted.
AGENDA - Order of the agenda unanimously approved.
ITEMS FOR ACTION
1. VARIANCE TO ALLOW A 578 SF TWO BEDROOM/BATH ADDITION TO THE SINGLE FAMILY HOME
AT 607 CONCORD WAY
Neither the applicant, Robert Massagli, nor his representative were present. C. Cistulli
moved to remove this item from the agenda until the applicant activates it. Second
C. Harvey; all aye voice vote.
2. VARIANCE TO THE REQUIRED FRONT SETBACK AND MODIFICATION OF CONDOMINIUM PERMIT
FOR A 21 UNIT RESIDENTIAL CONDOMINIUM AT 777 MORRELL AVENUE
CP Monroe reviewed this request by the owners of a 21 unit condominium project to
enclose decks which extend 4'-0" into the required front setback area and to allow
a modification of the condominium permit with respect to private open space requirements
for the affected units. Reference staff report for the 9/27/82 meeting; Project Appli-
cation & CEQA Assessment received 7/28/82; photograph showing the nine balconies in
question; July 23, 1982 letter to the developer from the City Planner; July 27, 1982
letter from the Building Inspector to the developer; letter from the City Planner to
the developer following the study meeting, requesting a new set of plans which meet
all building code requirements; September 14, 1982 memo from the Chief Building
Inspector with Chapter 49 Patio Covers from the Uniform Building Code; August 25, 1982
memo from the Fire Marshal; "no comments" memo dated 8/24/82 from the City Engineer;
August 17, 1982 letter to the developer from the City Attorney; September 21, 1982
memo to the Commission from the City Attorney; August 9, 1982 Planning Commission
minutes; September 8, 1982 letter to the City Planner from Safwat Abdel -Malek, architect;
September 3, 1982 letter to Mr. Malek from Walter S. Simrock, P.E.; September 8, 1982
letter to the City Planner from the developer with enclosure: August 18, 1982 letter
from Charles M. Salter Associates, acoustics consultants; plans date stamped September 8,
1982; and August 3, 1982 memo from the Chief Building Inspector. CP discussed zoning
code, condominium permit and building code requirements; the present application, staff
review; applicant's comments; Planning staff comments; building code compliance;
variance and private open space requirements; and action alternatives. If approved
one condition was recommended as listed in the staff report.
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Burlingame Planning Commission Minutes September 27, 1982
Phil German, the developer, was present and discussed his contention that the proposal
does meet building code, light and ventilation requirements. He further contended
there were circumstances applicable to this property so that denial of the variance
would result in undue property loss. In addressing the fact that the required private
open space for condominiums would be eliminated, it was his belief the purpose of
providing private open space was for the enjoyment of the owners, and such would not
be the case if the balconies were not shielded. Mr. German also discussed his first
contacts with the city and his desire to improve the neighborhood.
For the record, Secy. Graham read letter in support from Mr. and Mrs. Roy Lundin,
828 Maple Avenue. Chm. Mink opened the public hearing. There were no audience comments
and the public hearing was closed.
Discussion: staff time spent in discussing this application, with no changes being made
in each staff member's original interpretation of the facts; the Fire Marshal confirmed
he saw changes and accompanying letters and his statements still apply; question as to
why the developer went ahead with this construction without a building permit. It was
felt the proposed enclosure of these units could set a precedent with regard to
setback requirements. Building Code issues were referred to: one hour wall; open
area within exterior walls requirements; enclosures of insect screening or plastics;
does Chapter 49 Patio Covers apply in the case of balconies. It was felt the balcony
open space as intended by Planning Commission Resolution 7-79 was substantially
changed and, as pointed out by staff, the proposal does not meet the existing building
codes.
C. Harvey moved that the proposal as submitted does not meet the standards of the City
of Burlingame's building code based on testimony of the Chief Building Inspector, the
Fire Marshal and on the comments in the staff report. Second C. Cistulli; motion
approved unanimously, and staff's position sustained, on roll call vote. C. Giomi
moved to deny the variance for the required front setback. Second C. Cistulli; motion
approved unanimously on roll call vote. C. Harvey moved that the condominium permit
not be amended. Second C. Cistulli; motion approved unanimously on roll call vote.
The Chair announced the request for variance and the request for amendment of the
condominium permit were appealable to Council, but that there is no available appeal
from the Planning Commission with regard to the building code. Mr. German stated his
belief the UBC does contain a separate appeal procedure to determine the suitability
of alternate materials of construction and for interpretation of the code. The City
Attorney stated that for Burlingame this hearing constituted the UBC appeal procedure.
The applicant was advised that any further questions should be directed to the City
Attorney.
3. HEARING TO CONSIDER REVOCATION OR SUSPENSION OF THE 8/2/82 SPECIAL PERMIT FOR
DAVIS BANQUET AND PARTY CENTER AT 1450 ROLLINS ROAD
CP Monroe reviewed this special permit for commercial recreation, service business and
catering operation approved by the City Council on appeal from the Planning Commission;
following observation of a number of violations to conditions of this permit, Council
requested the Planning Commission hold a revocation hearing. Reference staff report
dated 9/16/82; City Council minutes of 8/2/82 and 9/7/82; City Planner 9/10/82 letter
to Gilbert Davis; notice of revocation hearing sent Mr. Davis and the property owners
on 9/17/82 via registered mail; Police Department reports dated 9/10/82, 8/29/82 and
8/28/82; 9/8/82 memo from the Fire Marshal; 9/14/82 memo from the Chief Building
Inspector; 9/13/82 memorandum to file from Helen Towber, Planner; August 4, 1982
letter of action to Mr. Davis from the City Planner; May 18, 1.982 memo from the Fire
Marshal; May 27, 1982 memo from the Chief Building Inspector; June 7, 1982 memo from
the City Engineer; details of the proposed business received from the applicant
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Burlingame Planning Commission Minutes September 27, 1982
May 28, 1982; Planning Commission minutes of June 28, 1982; 9/16/82 report of on-site
inspection by Calvin Pitt, County Health Department and Helen Towber, Planner; and
letters in opposition from Robert L. Hammett, Hammett & Edison, Inc., 1400 Rollins
Road and Elaine Morrow, Andrew Morrow Enterprises, 25 Edwards Court. CP discussed
history of this application; code provisions and procedures for revocation or suspension
of use permits; staff review and site inspection; summary of use permit violations;
Commission action and grounds for revocation or suspension as listed in the zoning code.
Gilbert Davis, the applicant, distributed a letter explaining the events of the night
of August 27 and asked for a two weO-k continuance to comply with all the conditions
of the city's approval of his permit. He stated the kitchen is not operable and will
not be used for events until approved by the County Health Department. It was pointed
out to the applicant that should the continuance be granted and the building be
brought up to city specifications, it might not change the position of the Commission
and such capital expenditure might be of no benefit to him. There was no motion for a
continuance and Commission proceeded with the revocation hearing.
Mr. Davis then read his letter of September 27 discussing the function held at 1450
Rollins Road on August 27; he stated it was not an ideal use but he did not think it
warranted revocation of his permit.
Chm. Mink opened the public hearing. There were no comments in favor of revocation.
Those speaking in opposition to revocation: Joe Gomez - handle janitorial work for
Davis Banquet and Party Center, to his knowledge no complaint had been received from
any of the neighbors about clean-up afterwards, he had been with Davis for about a
year, property was cleaned up the night in question. Colleen McGovern and Debbie
Puki - Jazzercise instructors in the Burlingame community, rent the premises from
Mr. Davis, have eight classes per week, up to 250 men and women. Because of their
local involvement they need a facility like this, it's the only one of its type they
have been able to find, convenient to the residents and adequate space for classes,
well ventilated, large dressing rooms and a stage. Also financially feasible for them.
They asked to be told if Jazzercise was violating any of the city's rules? Could the
Commission consider not revoking the commercial recreation portion of the use permit?
Tony James and Tony Valera - rented the hall on the night of August 27. There were
two security guards supplied by the Center and four from another company by those
giving the party; over 300 people attended. 200 gathered outside the premises.
There was a disturbance outside and police were called about 10 minutes before the
function closed. Ronald Gerido - security officer hired by Mr. Davis to secure
outside perimeter of the building, parking lot and entrance -way. The August 27 incident
occurred on the public street, the fight did not occur on the 1450 Rollins Road parking
lot. Bert Horn - property owner, was concerned about the August 27 incident, rented
building as a party center, tenant did not plan to run the type of event that would
attract teenagers but rather adult functions and children's parties. This was only
one incident; request you allow him a six month trial. Tony James advised the people
who were in attendance were from a mailing list; however, tickets were sold to the
public at the door. There were no further audience comments and the public hearing
was declared closed.
Mr. Davis answered Commission questions: he had understood the party would be totally
by invitation but it got out of hand; in future he would plan to check ID's if alcoholic
beverages were being sold and no one under 21 would be allowed inside. He would not be
catering alcohol, food only after the kitchen was brought up 'to code. There is a king
sized bed in one of the office areas,because he was spending long hours on the premises
and needed a place to rest. Some other furniture was stored there a short while to
help out some friends. There is no burglar alarm and they need someone on the premises
24 hours a day. His son is there when his wife is at work.
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Burlingame Planning Commission Minutes September 27, 1982
The applicant was aware of the conditions of approval of his special permit, particularly
the requirements of the Fire Marshal. CP advised it is assumed the permit conditions
will be met before the activity occurs. It was pointed out the Fire Marshal's memo
explicitly required the fire code requirements be met before holding parties on the
site. Concerns of the Fire Marshal regarding both conditions of previous approval and
current code violations found on the site were discussed by him with the applicant and
Commission in detail. Mr. Davis told Commission he had operated a facility of this
type before and that he was not living there. Commission expressed concern that the
applicant had not taken responsibility for security of adjacent properties. With
regard to obtaining additional parking for the Center, he had had no response from
his neighbors. He could not deny that minors were being served alcohol the night,of
August 27 since he was not checking ID's, but added he observed no intoxicated people
inside the hall. In closing, Mr. Davis asked Commission allow him a six month trial
period and in two weeks time he would have all code violations corrected.
Commission concerns: holding a public function prior to code compliance, particularly
fire code; holding parties when there is limited control of the clientele; living in
the M-1 zone. There was a suggestion that the permit be amended to allow functions
with no bar unless it were a private party and restrict attendance to organizations
by invitation only, prepaid tickets.
C. Graham moved to revoke this special use permit based on the following grounds of
Code Sec. 25.16.140: "that the conditional use permit . . . is being, or has been,
exercised contrary to the terms or conditions of such approval, or in violation of
any statute, ordinance, law or other regulations" including in this case violations
of the sale of liquor, meeting fire and building code requirements and meeting city
imposed conditions; and "that the use for which the approval was granted was so
exercised as to be detrimental to the public health, safety or welfare or so as to
constitute a nuisance" as with non-compliance with fire and building code requirements
when using a place for public assembly and holding functions where crowd control could
be a real problem. Second C. Cistulli; motion approved unanimously on roll call vote.
Appeal procedures were advised.
4. TENTATIVE AND FINAL PARCEL MAP TO COMBINE LOTS, 700 AIRPORT BOULEVARD
(INTERTELEPHON N.V.)
Reference September 21, 1982 memo from the City Engineer. CE Erbacher advised this
map is complete and recommended it be forwarded to Council for approval. C. Harvey
moved for approval and recommendation to City Council of this tentative and final
parcel map. Second C. Graham; all aye voice vote.
5. REVIEW OF 9/21/81 SPECIAL PERMIT FOR TROPICAL RENT -A -CAR AT 1328 MARSTEN ROAD
CP Monroe reviewed this special permit for a car rental operation. Reference staff
report for Item #5; 9/17/82 report of site inspection by Helen Towber, Planner; memo
from the City Engineer; 8/19/81 memo from the Chief Building Inspector; 7/29/81 memo
from the Deputy Fire Marshal; and August 11, 1981 letter to the City Planner from
Tropical Rent-A-Car. CP discussed conditions of approval for this special permit and
site inspections indicating all conditions have been met. Planning staff recommended
no further review of this permit until September, 1985 unless another car rental operation
leases the site.
Greg Gaiser, manager, Tropical Rent-A-Car was present. C. Graham moved that no further
review of this permit be required until September, 1985 unless another car rental
operation leases the site before this review date, in which case the permit be reviewed
within six months of another car rental agency's taking over the site. Second
C. Cistulli; all aye voice vote.
Burlingame Planning Commission Minutes
ITEMS FOR STUDY
Page 5
September 27, 1982
6. SPECIAL PERMIT TO CONSTRUCT A 750 SF DETACHED GARAGE -STORAGE STRUCTURE IN THE
REAR OF THE LOT AT 1529 BURLINGAME AVENUE
Set for hearing October 13, 1982.
7. SIGN EXCEPTION TO EXCEED THE PERMITTED AMOUNT OF SIGNAGE AND NUMBER OF SIGNS
PERMITTED BY CODE, AT 1007 ROLLINS ROAD
Requests: comparison of proposal to allowable signage in auto row area and to precedents
existing in area. Set for hearing October 13, 1982.
8. SIGN EXCEPTION TO EXCEED THE PERMITTED AMOUNT OF SIGNAGE, NUMBER OF SIGNS AND
MAXIMUM SIGN HEIGHT PERMITTED BY CODE, AT 1025 ROLLINS ROAD
Set for hearing October 13, 1982.
CITY PLANNER REPORT
Report of City Council actions at its 9/20/82 meeting:
- Approved the mitigated negative declaration for the Secondary Wastewater Treatment
Improvements project which clears the environmental criteria for the Federal grant
application.
-Review of Council action on the Historic Inventory.
STAFF POLICY FOR THE M-1 ZONE AND CODE REVISIONS NECESSARY TO IMPLEMENT POLICY
Reference staff report and attached draft ordinance Limiting Retail, Office and Dwelling
Uses in the M-1 Zone. CP Monroe referred to previous Planning Commission discussion
of a policy for warehouse/office use in the M-1 zone and code revisions necessary to
implement this policy; Planning staff survey of other cities; concern about traffic
patterns, parking demand and more visitors with a change in the character of use;
percentage of office use to trigger a use permit for office use in the M-1 zone.
Commission discussed the point at which an office conversion in a warehouse building
should trigger Planning Commission review. C. Harvey moved that any conversion or
new building in the M-1 zone where the office space exceeds 20 percent of the gross
square footage of a warehouse shall be a conditional use requiring a special permit
from the Commission. Second C. Graham; all aye voice vote.
ADJOURNMENT
The meeting adjourned at 10:50 P.M.
Respectfully submitted,
Harry S. Graham
Secretary