HomeMy WebLinkAboutMin - PC - 1982.07.26CITY OF BURLINGAME PLANNING COMMISSION
JULY 26, 1982
CALL TO ORDER
A regular meeting of the Planning Commission, City of Burlingame was called to order by
Chairman Mink on Monday, July 26, 1982 at 7:39 P.M.
ROLL CALL
Present: Commissioners Cistulli, Garcia, Giomi, Graham, Harvey, Mink
Absent: Commissioner Leahy (excused)
Staff Present: City Planner Margaret Monroe; City Engineer Frank C. Erbacher
MINUTES - The minutes of the July 12, 1982 meeting were unanimously approved and
adopted.
AGENDA - Order of the agenda unanimously approved.
PUBLIC FORUM
1. PUBLIC FORUM TO DISCUSS THE PROPOSED 310 ROOM FOUR SEAS HOTEL AT 835 AIRPORT BOULEVARD
Reference staff report dated 7/19/82 with attached Notice of Preparation sent July 12,
1982. CP Monroe introduced Marty Abell of Environmental Science Associates, the firm
preparing the project EIR. Mr. Abell discussed this proposed hotel project situated on
a 4.8 acre triangular site at the western end of the Anza area. The project will consist
of 310 hotel rooms, 700 SF of retail, meeting rooms, lounge, restaurant and kitchen.
At -grade and underground parking wll be provided and landscaping on both frontages.
Chm. Mink opened the public forum. There were no audience comments and the public forum
was closed. Staff confirmed that the proposed parking met code and the applicant had
received a traffic allocation from the City Council. Commission requests: address
view corridors; detail traffic data with present build -out and cumulative traffic
including approved but unconstructed projects and anticipated future construction;
provide projected traffic at each of the four arterial access points shown on the
schematic plan and information on proposed traffic signals; include a comparison of
the project with the established Bayfront Guidelines; provide data on where employees
of the project will be living and how they will get to work, possible impact on the
housing market in Burlingame; discuss seismic conditions, high water lines, 100 year
flood and handling of possible heavy run-off; include a good description of the landscap-
ing amenities and public access around the property and to the adjacent future park area.
The Chair thanked Mr. Abell for his presentation.
ITEMS FOR ACTION
2. RECOMMENDATION TO THE CITY COUNCIL OF EIR-58P FOR AN OFFICE PROJECT BY OWEN
DEVELOPMENT COMPANY (PLANNING COMMISSION RESOLUTION NO. 5-82)
Reference staff report dated 7/19/82 with Resolution 5-82 and Exhibit A (Significant
Effects, Mitigations and Findings) attached, and Response to Comments Addendum, Environ-
mental Impact Report, Anza Office Park, July 1982. Staff expressed satisfaction with
Burlingame Planning Commission Minutes
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July 26, 1982
the responses in the Addendum. C. Graham moved for approval of Resolution No. 5-82
Recommending Environmental Impact Report EIR-58P for the Proposed Anza Office to the
City Council. Second C. Cistulli; motion approved unanimously on roll call vote,
C. Leahy absent.
3. REVIEW OF 9/27/71 SPECIAL PERMIT GRANTED RONALD ROSBERG FOR REPO DEPO AT 1669
BAYSHORE HIGHWAY TO ALLOW THE RETAIL SALE OF OFFICE FURNITURE AND EQUIPMENT
CP Monroe reviewed the matter of retail sales use at this site and permits issued.
Reference staff report dated 7/19/82; aerial photograph; July 12, 1982 Planning
Commission study meeting minutes; staff report for the 7/12/82 study meeting; June 23,
1982 letter of complaint from Joan M. Tucker and Ronald G. Delucchi of Charles
Stationers; Repo Depo advertisements from the SAN MATEO TIMES, 6/17/82 and 7/6/82;
staff site inspection report dated June 24, 1982; Planning Commission minutes of
September 27, 1971 and Special Permit application dated September 10, 1971 received
from Mr. Rosberg of Repo Depo; City Council minutes of October 18, 1971; March 7, 1977
letter to Ronald Rosberg from Wayne M. Swan noting violation of the 1971 permit; May 9,
1977 Planning Commission minutes; June 14, 1977 letter of action; June 24, 1982 letter
to Mr. Rosberg from Margaret Monroe, City Planner indicating violation of special permit;
June 30 and July 12, 1982 letters from Mr. Rosberg to the City Planner. CP summarized
staff report and referred to the previous conditions of this permit as listed in her
staff report; she requested Commission action include a review and/or revision, if
necessary, of these.
Cyrus McMillan, attorney representing Ronald Rosberg, agreed with staff that retail sales
in the M-1 zone, even with a special use permit, must be incidental, and declared that
since 1977 Mr. Rosberg has been selling only incidental items directly related to
the office equipment and furniture being offered. He said the ads in the newspaper
were inserted because of recent remodeling. Mr. McMillan was told that this matter
had been brought up for review based on a complaint by a competitor and staff comments
that Repo Depo might be selling items not related to the original use permit, office
furniture and equipment.
Chm. Mink opened the public hearing. Joan Tucker, co-owner of Charles Stationers,
Burlingame Avenue advised she and her partner had made the complaint, that it was her
belief Mr. Rosberg was selling office supplies (not just distressed merchandise) at
retail in the M-1 zone for which he does not have a permit, and she was concerned
about competition with established office supply businesses in the retail section of
town. Matthew Oliver, former owner/operator of Charles Office Supplies, told of the
city's refusal in 1970 to allow him to open a branch retail office supplies operation
on Bayshore Highway. He felt that the present retail office supplies operation of
Repo Depo is unfair competition to the stores in the retail areas of the city and
that Repo Depo's operation should remain within the limits of the permits issued in
1971 and 1977. Mr. Peterson, Burlingame Stationers, Burlingame Avenue referred to the
fire his store experienced in 1976 and the city's refusal at that time to allow him
to sell at retail out of his warehouse on Bayshore in the M-1 zone. He felt Repo
Depo was in unfair competition with the office supply stores in the retail areas.
Bob Ellsworth of Broadway Stationers pointed out that Repo Depo now advertises in
the yellow pages under office supplies and that their new office supply and stationery
department has been advertised elsewhere. He asked Commission take the necessary steps
to curtail this retail sales activity. Don Spencer, manager, Burlingame Chamber of
Commerce submitted a statement from the Chamber signed by Steve Kircher, president,
supporting the position of retail merchants in the established commercial district.
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Burlingame Planning Commission Minutes July 26, 1982
In rebuttal Cyrus McMillan noted this hearing was not to decide whether there should
Abe a special permit for this use in the M-1 district, that had been granted in 1971
and 1977; that Repo Depo does not sell many of the gift items that local stationers
do; that he only sells products related to the equipment offered for sale. He contended
there was no violation of the special permit; that if one sells an adding machine,
one should be able to sell the tape to go with it. It was his belief this permit was
originally granted because the city felt there was a need for this service in the area.
He stated his interpretation of the permits was to allow the sale of office furniture
and equipment at retail, with no more than 20 percent new merchandise. There were no
further audience comments and the chair declared the public hearing closed.
Discussion: percentage of new and used merchandise now being sold at this site; the
1971 condition limiting new merchandise to 20 percent; decision in 1977 to allow
expansion of the office and showroom area with sales to be restricted to new and used
office equipment only excluding the sale of any other distressed merchandise; the
manner of buying distressed merchandise, a single lot could include many types of
material; the difference between related material and incidental material. Those
commissioners who were on the commission in 1971 and 1977 stated their understanding
that Mr. Rosberg was given permission to sell furniture and equipment at retail, no
more than 20 percent new merchandise, and distressed incidentals, but was not given
permission to buy new merchandise from a supplier to be sold at retail. It was
suggested there were two options: limiting Mr. Rosberg to the previous conditions or
he could request an amendment to his special permit to allow the sale of new office
supplies.
C. Harvey found the applicant was in violation of the conditions of his special permit
previously approved for his business on this site, i.e., (1) use permit to sell office
furniture and equipment at retail in building located at 1669 Bayshore Highway (1971);
(2) sales and office space to be restricted in area and located in the building according
to plan on file with the City Planner (1971); (3) the inventory generally to consist
of no more than 20 percent of new merchandise (1971); (4) expansion of office and
showroom area to 10,400 square feet (supersedes item 2 above) (1977); and (5) sales
be restricted to new or used office equipment only excluding the sale of any other
distressed merchandise (1977). C. Harvey then moved that sales be restricted at Repo
Depo, 1669 Bayshore Highway to new and used office equipment only, no more than 20
percent new merchandise, and other distressed merchandise related to office use.
Second C. Giomi; motion approved 6-0 on roll call vote, C. Leahy absent. Appeal
procedures were advised.
Recess 9:10 P.M.; reconvene 9:20 P.M.
4. RESOLUTION NO. 6-82 RECOMMENDING THE PRELIMINARY HISTORIC INVENTORY TO THE
CITY COUNCIL
Reference staff report with attached resolution; 7/12/82 Planning Commission staff
report discussing background, preliminary draft inventory, future use of the inventory
and Commission study and review; list of committee members; definition of "historic"
and list of criteria for historic site selection; Priority of Historic Sites; detailed
Historic Inventory as selected by the committee; and location maps. CP Monroe explained
that action on this resolution would recommend that the Council consider and approve
the Historic Inventory for use as an information resource in project assessments.
Chm. Mink opened the public hearing. Heather Sterner, 1561 Ralston Avenue requested
Commission recommend to Council that this inventory be incorporated into an historic
element for the general plan. Don Spencer, 2612 Easton Drive inquired if the use of
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Burlingame Planning Commission Minutes July 26, 1982
this inventory would restrict use of property. He expressed concern in the case of
the 1449 Bellevue Avenue site if it would take moneys away from charitable institutions
(i.e., the American Red Cross). He was told the inventory would be used by the city
as an informational resource when doing project assessments, no other specifics for
its use have been identified. Kurt Hauser, chairman, Golden Gate Chapter, American
Red Cross requested the 1449 Bellevue Avenue site be excluded from this inventory.
He referred to their sale negotiations, and stated that since 1947 the building has
been substantially remodeled inside and used for classrooms, offices and other
activities. He stated it no longer has the ambience it had when it was built, the
interior having been considerably changed. He gave arguments in favor of the proposed
development: it is in accordance with the general plan, it enhances the Red Cross in
terms of their getting the highest and best payback from the site; the city will benefit
because the property will be put on the tax rolls; and the proposed development appears
to be in the best interests of the community at large. Jim Williams, manager, Northern
California Division of Red Cross stated his position that because of the interior
changes made over the past 35 years this property does not have the historical signifi-
cance it once had. There were no further audience comments and the public hearing was
declared closed.
Discussion: use of the historic site criteria; amendments to the inventory would be
passed through the Planning Commission to the City Council; should the city adopt a
historic element of the general plan, the procedures for amending the preliminary
inventory would have to follow the formal procedures for general plan amendment;
possibility of changes to the ordinance code. There was consensus that this was a
good list for planning use; some concern was expressed that if it were incorporated
into the general plan the times per year it could be amended would be limited. Some
commissioners felt it should be made a part of the general plan and that this would
not necessarily prohibit a developer.
C. Graham moved for adoption of Resolution No. 6-82 Recommending Approval of the
City of Burlingame Preliminary Historic Inventory. Second C. Cistulli; motion approved
on a 6-0 roll call vote, C. Leahy absent. C. Giomi then moved to recommend the City
Council consider development of a historic element of the general plan. Second
C. Cistulli; motion failed to pass on a 3-3 roll call vote, Cers Graham, Harvey and
Mink dissenting, C. Leahy absent.
5. REQUEST FOR EXTENSION OF TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT FOR
A SIX UNIT CONDOMINIUM PROJECT AT 518 ALMER ROAD
Reference July 21, 1982 memo from the City Engineer with attached request for extension
from John Marston. CE Erbacher recommended a 12 month extension be approved and
recommended to Council. C. Harvey moved for approval and recommendation to City Council
of a one year extension of the tentative subdivision map and condominium permit for
the six unit condominium project at 518 Almer Road. Second C. Graham; all aye voice
vote.
6. FINAL SUBDIVISION MAP FOR A SIX UNIT CONDOMINIUM PROJECT AT 119 PRIMROSE ROAD
Reference July 21, 1982 memo from the City Engineer. CE Erbacher recommended approval
and recommendation to Council. C. Graham moved for approval and recommendation to City
Council of this final subdivision map. Second C. Cistulli; all aye voice vote.
7. REVIEW OF PROPOSED AMENDMENT OF CODE SEC. 22.08.070 TO REQUIRE A MINIMUM 8'-0"
VERTICAL CLEARANCE FOR AWNINGS RATHER THAN 10'-0"
CP Monroe discussed this proposed ordinance which would make the sign ordinance consistent
with the building code with reference to minimum awning height from existing grade.
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Burlingame Planning Commission Minutes July 26, 1982
,Reference staff memo dated 7/19/82 with attached proposed ordinance. Chm. Mink opened
the public hearing. There were no audience comments and the hearing was closed.
Discussion: there would be no hazard at 8 feet; most awnings on Burlingame Avenue are
8 feet at present. C. Graham moved to recommend this proposed ordinance to the City
Council for their adoption. Second C. Cistulli; all aye voice vote.
STIm TTFMS
8. SPECIAL PERMIT - CABANA/STORAGE STRUCTURE - 1441 DRAKE AVENUE
Set for hearing August 9, 1982.
9. VARIANCE - 21 UNIT CONDOMINIUM - 1449 BELLEVUE AVENUE
10. SPECIAL PERMIT FOR HEIGHT - 21 UNIT CONDOMINIUM - 1449 BELLEVUE AVENUE
11. CONDOMINIUM PERMIT FOR THE ABOVE
12. TENTATIVE SUBDIVISION MAP FOR THE ABOVE
Comments/requests: clarify height as shown on the plans; profile of all buildings
on the street; only access to front door through back-up area of guest parking.
The Chair asked for Commission consideration of the CP's proposed negative declaration.
Reference July 19, 1982 letter from Heather Sterner, 1561 Ralston Avenue urging
Commission not issue a negative declaration on the current proposal and the developer
be required to explore the possibility of saving the facade as well as the dormers,
and using the old structure as a part of the project. C. Giomi moved that the City
Planner work with the developers to complete a study to lead to a possible mitigated
negative declaration. Second C. Cistulli; motion failed on a 3-3 roll call vote,
Cers Graham, Harvey and Mink dissenting.
CITY PLANNER REPORT
CP Monroe reported Council actions at its July 19, 1982 meeting:
Upheld Planning Commission approval of special permit, 1745 Adrian Road.
Set appeal hearings on August 2 for the following:
Special Permit - 1200 Majilla Avenue
Special Permit - 1450 Rollins Road
Condominium Permit - 701 Fairfield Road.
- Approved Ordinance No. 1229 making residential uses in commercial zones subject
to use permits, and requiring general plan consistency.
- Approved new development fees for roadway improvements, Bayfront area.
DISCUSSION: OFFICE USE IN THE M-1 DISTRICT
Reference staff memo dated 6/23/82. Staff requested Commission guidance regarding the
role of office in the M-1 zone. Discussion: traffic, economic impacts and retail use
expansion. Consensus was to follow staff's third suggestion: attempt to maintain
the present balance of warehouse and office in the M-1 zoned by discouraging all
future conversions which could cumulatively change the character of the area and
Burlingame Planning Commission Minutes Page 6
July 26, 1982
strongly discouraging new office buildings. Staff was directed'. to add a statement
on retail use in the M-1 District which would include criteria indicating retail
uses were only allowed when incidental to primary permitted use. Further, make every
effort to enforce this policy. Staff will draft a policy statement for Commission
review.
POLICY REGARDING LEASING OF SCHOOL FACILITIES AND SPECIAL USE PERMITS
Reference staff memos distributed this evening (City Planner and City Attorney).
The need for copies of the Neighborhood Guidelines for school use was noted. CP
Monroe noted differences between issuing a permit to school sites where a portion of
the facilities were still being used for public education and to sites which were
no longer being used by the school district. She advised the school district will
be leasing more of their facilities to "for profit" organizations for short time
periods. Planning staff expressed concern about the neighborhoods and requested
policy regarding when uses should require permits. Commission suggested staff meet
with school staff to generate a mutually agreeable set of criteria for Commission
discussion.
ADJOURNMENT
The meeting adjourned at 11:08 P.M.
Respectfully submitted,
Harry S. Graham
Secretary