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HomeMy WebLinkAboutMin - PC - 1982.06.28CITY OF BURLINGAME PLANNING COMMISSION JUNE 28, 1982 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman Mink on Monday, June 28, 1982 at 7:35 P.M. ROLL CALL Present: Commissioners Cistulli, Garcia, Graham, Leahy, Mink Absent: Commissioners Giomi, Harvey (excused) Staff Present: City Planner Margaret Monroe; City Attorney Jerome F. Coleman; City Engineer Frank C. Erbacher MINUTES - The minutes of the June 14, 1982 meeting were unanimously approved and adopted. AGENDA - Order of the agenda unanimously approved. The Chair noted that only five Commission members were present this evening. Any action would require four affirmative votes; if an applicant wished to continue his application he could do so. ITEMS FOR ACTION 1. PUBLIC HEARING ON DRAFT EIR-58P FOR THE PROPOSED OWEN BAY PLAZA AT 477 AIRPORT BOULEVARD, BY ENVIRONMENTAL SCIENCE ASSOCIATES, INC. (CONSULTANTS) FOR THE OWEN COMPANIES, LOS ALTOS (APPLICANT AND PROPERTY OWNER) CP Monroe advised the 45 day review period for this Draft EIR ended on June 21, 1982 and comments have been forwarded to the consultant. She then introduced Marty Abell, consultant, Environmental Science Associates and Colin Russell, Gale, Hornberger & Worstell, architect for the project. Using a slide presentation,Mr. Russell discussed the proposed project, noting details of the design, landscaping and public access provisions. Chm. Mink opened the public hearing. Thomas J. Nolan, Executive Director, Growth Policy Council, San Mateo expressed his feeling the proposed project was far superior to any of the alternatives suggested in the EIR and that it was the best possible use of the land. There were no further comments and the public hearing was closed. Commission comments: address cumulative impacts of traffic on Airport Boulevard access; what will the impact of this development be on the existing pedestrian bridge? Cars use this bridge; will the use increase, will any improvements be necessary? Is so, who will make them? Chm. Mink thanked Mr. Russell for his presentation. All comments will be addressed in the Final EIR which will be brought to Commission on July 26, 1982. 2. VARIANCE TO ALLOW A SECOND STORY ADDITION TO A SINGLE FAMILY HOME AT 1815 BROADWAY, BY LJUBICA (VIOLET) VIDUCICH CP Monroe reviewed this application to allow an addition to a home which presently exceeds maximum permitted lot coverage. Reference staff report dated 6/21/82; Project Page 2 Burlingame Planning Commission Minutes June 28, 1982 Application & CEQA Assessment received 6/3/82; aerial photograph; "no requirements/ comments" memo from the Fire Marshal (6/14/82) and City Engineer (6/14/82); June 18, 1982 memo from the Chief Building Inspector; letter from the applicant received June 3, 1982; 1953 County Appraisal Report; and revised plans date stamped June 21, 1982. CP discussed code requirements, staff review, Planning staff comments and applicant's justification for variance. Approval was recommended. It was determined the addition would not exceed permitted height. Chm. Mink opened the public hearing. There were no audience comments and the Chair declared the hearing closed. Findings for variance approval were discussed. C. Graham found there were exceptional circumstances in that the home was presently nonconforming but met code at the time it was originally constructed and the proposed addition would not increase the footprint; that it was necessary for the family's enjoyment of the property; that it would not be detrimental to the public health, safety or welfare; and would not adversely affect the zoning plan of the city. C. Graham then moved for approval of this variance application. Second C. Leahy; motion approved on a 5-0 roll call vote, Cers Giomi and Harvey absent. Appeal procedures were advised. 3. SPECIAL PERMIT TO CONSTRUCT A GARAGE AT 1200 MAJILLA AVENUE, BY MR. AND MRS. ROBERT L. CAMERON CP Monroe reviewed this application to allow construction of a garage which exceeds the maximum height limits of the code. Reference staff report dated 6/21/82; Project Application & CEQA Assessment received 6/2/82; aerial photograph; Building Department Job Sheet with Planning Department plan check comments (3/24/81); 6/14/82 memo from the City Engineer; 6/14/82 memo from the Fire Marshal; June 16, 1982 memo from the Chief Building Inspector; Front, Cross Sec. Roof drawing received June 10, 1982; June 2, 1982 letter from the applicants; petition in support received June 2, 1982; and plans date stamped June 2, 1982. CP discussed details of the application which was necessitated by an error in framing, staff review, applicant's justification for this request. Mr. and Mrs. Robert Cameron, the applicants, were present. Chm. Mink opened the public hearing. There were no comments in opposition. Neal Lucett, 1225 Majilla Avenue spoke in favor, noting the applicant's efforts to improve their property. There were no further comments and the Chair declared the hearing closed. It was noted this application under Chapter 25.60 was a special permit, not a variance, and therefore findings were not required. Mr. Cameron advised he was aware in 1981 of the 14' height requirement, explained how the error in framing had occurred, stated his desire to retain the existing framing because architecturally it draws the house and garage together, confirmed that electricity would be the only utility provided in the addition, and stated he drew the plans himself. In view of the applicant's explanation of an honest mistake occurring and the fact that there are other detached garages in the area as high or higher, C. Leahy moved to approve this special permit. Second C. Cistulli; motion received a 3-2 roll call vote, Cers Graham and Mink dissenting, Cers Giomi and Harvey absent. The application was ruled denied for failure to receive a majority vote of Commission. Appeal procedures were advised. 4. SPECIAL PERMIT TO ALLOW CONSTRUCTION OF A 330 SF CABANA/STORAGE STRUCTURE IN THE REAR YARD AREA AT 1441 DRAKE AVENUE, BY SAIT KILKI CP Monroe reviewed this application for an accessory structure. Reference staff report dated 6/23/82; Project Application & CEQA Assessment received 5/12/82; aerial photograph; Page 3 Burlingame Planning Commission Minutes June 28, 1982 July 17, 1981 letter from the applidant; June 22, 1982, October 29, 1981 and August 7, 1981 letters from Elmer and Marjorie Bean, 1445 Drake Avenue, expressing concern about the project; "no requirements/comments" memos from the Fire Marshal (5/17/82) and Chief Building Inspector (5/26/82); 5/26/82 memo from the City Engineer; 7/21/81 memo from the City Engineer; September 14, 1981 Planning Commission minutes; November 2, 1981 City Council minutes; November 16, 1981 City Council minutes; and plans date stamped May 10, 1982. CP discussed the similar application submitted by Mr. Kilki in 1981 and summarized previous Planni.ng Commission and City Council denials of that application; details of the present application; correspondence received; staff review and recommendations; Commission concerns and questions at the study session. If approved three conditions were recommended as listed in the staff report. Sait Kilki, the applicant, was present. His letter of June 25, 1982 (received after preparation of the staff report) was referenced; this letter proposed cutting the length of the cabana two feet, moving the structure eight feet from the side property line, lowering the roof to eleven feet and constructing on a concrete slab. Mr. Kilki also stressed his need for storage space. Chm. Mink opened the public hearing. There were no comments in favor. Marjorie A. Bean, 1445 Drake Avenue spoke in opposition: questioned the need for such a large cabana; expressed concern about on -street parking since the property has no garage at present; indicated present proposal does not respond to the Council's previous suggestions; moving the structure closer to the residence does not make the project more acceptable to the neighbor; noise could be a concern; approval could set a precedent. There were no further comments and the Chair declared the public hearing closed. Commission concerns: the amount of storage space requested; lack of a garage on the property at present; percent of lot coverage. C. Graham stated he would prefer a garage and cabana in the proper place on the site rather than a storage room and cabana. He then moved to deny this special permit. Second C. Cistulli; motion to deny approved on a 4-1 roll call vote, C. Garcia dissenting, Cers Giomi and Harvey absent. Appeal procedures were advised. 5. SPECIAL PERMITS FOR COMMERCIAL RECREATION, SERVICE BUSINESS AND CATERING OPERATION AT 1450 ROLLINS ROAD IN THE M-1 DISTRICT, BY DAVIS BANQUET & PARTY CENTER CP Monroe reviewed this application to allow operation of an on- and off -premises catering business and leasing of the meeting hall area for Jazzercise classes. Reference staff report dated 6/22/82; Project Application & CEQA Assessment received 5/12/82; aerial photograph; May 18, 1982 memo from the Fire Marshal; May 27, 1982 memo from the Chief Building Inspector; June 7, 1982 memo from the City Engineer; June 4, 1982 memo from the Police Department; May 27, 1982 letter from the applicant with attached description of the proposed operation; May 7, 1982 letter from Bertram and Larry Horn, property owners; June 14, 1982 Planning Commission study session minutes; Table 1, Parking Ratios for Areas by Use; Table 2, Projected "Worst -Case" People/ Traffic Impact, Monday through Thursday; Table 3, Projected "Worst -Case" People/Traffic Impact, Friday, Saturday or Sunday; and plans date stamped May 12, 1982. Further reference: Gilbert E. Davis Addendum to Resume received 6/25/82. CP discussed details of the proposal, staff review and comments, applicant's letter of description, replies to questions asked at the study session, parking/traffic impact and security concerns. If approved seven conditions were recommended as listed in the staff report. CP defined a major event as more than 100 people and explained Table 1 prepared by staff for parking ratio/area by use. Gilbert Davis, applicant and Bertram Horn, Page 4 Burlingame Planning Commission Minutes June 28, 1982 property owner were present. Mr. Horn advised of plans for realignment of the on-site parking area to increase the spaces to 80 and noted curbside spaces in the surrounding area. He presented a traffic survey he had taken on Friday, June 25 (4:30 to 6:00 P.M.) and Saturday/Sunday (June 26/27, mid-day) together with photographs. He contended there was no traffic congestion after 5:20 P.M. on weekdays nor on Saturday/Sunday. Mr. Davis detailed his proposal for security services, one guard for each 100 people, not including guards in the parking lot. He stressed his concern about policing and cleaning up the area. Chm. Mink opened the public hearing. There were no audience comments and the hearing was closed. Two letters from nearby property owners were received the day of the meeting: June 23, 1982 letter from Robert L. Hammett, Hammett & Edison, Inc., 1400 Rollins Road and June 25, 1982 letter from Elaine Morrow, Andrew Morrow Enterprises, 25 Edwards Court. Their concerns: creation of an undesirable change in the character of the area, objection to nighttime recreational activities, adverse effect on property values, possible littering and vandalism. Commission discussion/concerns: definition of retail food service (CA advised catering would not be considered retail, it is a contract arrangement); the applicant's attempts to find other parking lots in the area which could be used when needed; possible overlap of the various uses on the site (Mr. Davis advised he would allow adequate time between the Jazzercise classes and evening functions); concern about inadequate parking and security; proper use in the zone. One Commissioner expressed his feeling that this was a proper use in the zone. C. Leahy moved to deny this special permit. Second C. Graham; motion received a 3-2 roll call vote, Cers Cistulli and Garcia dissenting, Cers Giomi and Harvey absent. Motion was ruled denied for failure to receive a majority vote of Commission. Appeal procedures were advised. 6. REVIEW OF 5/27/81 SPECIAL PERMIT TO ALLOW PENINSULA EARLY LEARNING CENTER TO OPERATE A PRE-SCHOOL AND KINDERGARTEN PROGRAM AT 1.151 VANCOUVER AVENUE CP Monroe reviewed this permit granted in 1981. Reference staff report dated 6/18/82; "no objections/comments" memo from the Fire Marshal (6/14/82), City Engineer (6/14/82) and Chief Building Inspector (6/17/82); site plan received April 9, 1981; June 3, 1981 letter of action to Peninsula Early Learning Center and staff comments made in 1981. CP advised no complaints have been received about this use; staff recommended the permit be extended. C. Graham moved this permit be extended and reviewed only when the applicant requests an amendment or at the time the city receives a complaint. Second C. Garcia; motion approved unanimously on voice vote, Cers Giomi and Harvey absent. 7. AMENDMENT TO SPECIAL PERMIT TO INCREASE MAXIMUM ENROLLMENT IN EXCURSIONS IN LEARNING PROGRAM AT 1151 VANCOUVER AVENUE (ROOSEVELT SCHOOL) CP Monroe reviewed this application for an amendment to expand the program for handicapped children from 15 to 30 students. Reference staff report dated 6/18/82; Project Application & CEQA Assessment received 5/20/82; 5/25/82 memo from the Chief Building Inspector; June 3, 1982 memo from the City Engineer; 6/3/82 memo from the Fire Marshal; May 18, 1982 letter from Charles K. Murphy, Administrator, Excursions in Learning; May 17 and June 11, 1982 letters from Glenn A. Stewart, Director of Business Affairs, Burlingame School District; aerial photograph; December 14, 1981 Planning Commission minutes; December 22, 1981 letter of action to Excursions in Learning; and staff comments made in 1981. CP discussed the present program and Page 5 Burlingame Planning Commission Minutes June 28, 1982 details of this request; staff -review; traffic impact; the past requirement and need for handicapped access. Staff recommended approval with four conditions as listed in the staff report. Kristen Santin, the applicant, advised the foundation for the handicapped ramp has been laid and would be completed when the materials had been donated, but before the September session. Staff advised no complaints had been received and there was no staff concern about additional traffic. Chm. Mink opened the public hearing. Bart Price, a Burlingame resident who has a daughter in the program, spoke in favor. There were no further audience comments and the hearing was closed. It was determined the School District's consent had been received to lease the additional space and to put in the handicapped ramp. C. Leahy moved to approve this special permit amendment with the following conditions: (1) completion and final inspection by the Building Department of the handicapped access ramp before enrollment is increased; (2) enrollment limited to 30 students; (3) adherence to all conditions of the previous use permit, December 22, 1981; and (4) that the permit be subject to review in January of 1984. Second C. Cistulli; motion approved on a 5-0 roll call vote, Cers Giomi and Harvey absent. Appeal procedures were advised. 8. SPECIAL PERMIT TO ALLOW RETAIL SALES IN THE M-1 DISTRICT AT 1745 ADRIAN ROAD, BY HOWARD MOSER OF F.D.O. INC. CP Monroe reviewed this request to hold semi-annual retail sales in the M-1 zone. Reference staff report dated 6/23/82; Project Application & CEQA Assessment received 6/1/82; June 3, 1982 memo from the Fire Marshal; June 8, 1982 memo from the Chief Building Inspector; June 3, 1982 memo from the City Engineer; June 4, 1982 memo from the Burlingame Police Department; May 20 and 28, 1982 letters from Howard Moser, the applicant; petition in support signed by the 10 other tenants of 1745 Adrian Road; May 21, 1982 letter from Bob Kent, the property owner; site drawing; aerial photograph; Planning Commission and City Council minutes of hearings on other retail sale applica- tions in this zone: April 23, 1979 (Cokesbury), September 27, 1971 (Repo Depo) and October 18, 1971 (Repo Depo); and plans date stamped May 20, 1982. CP discussed details of the request, staff review, applicant's description of his business, Commission study session requests: retail activities previously approved in the M-1 zone, traffic control. If approved, four conditions were recommended as listed in the staff report. Howard Moser, the applicant, explained the reason for the proposed sales, to move dated goods (women's apparel) out of their stores prior to receiving the new season's merchandise. He advised he would provide a special police officer for traffic control, did not believe, given his clientele, vandalism would be a problem and would post bond for public and private area clean-up as requested by the City Engineer. Chm. Mink opened the public hearing. There were no audience comments and the hearing was closed. A letter dated June 25, 1982 from W. W. Stiner, Western Area Manager, GTE Sylvania, 1811 Adrian Road was noted. Letter urged that no weekday retail sales be allowed but there was no objection to weekend sales twice annually if restricted to a particular kind of commodity. Discussion: on-site and on -street parking available; expected number of customers; the applicant's desire for an identification sign during the sales; propriety of use in this zone. It was pointed out the sales would take place only two days, twice a year; CA advised if complaints were received a review of the permit could be made at any time. Page 6 Burlingame Planning Commission Minutes June 28, 1982 C. Cistulli moved for approval of this special permit with the following conditions: (1) that the conditions of the Fire Marshal's memo of June 3, 1982, the Chief Building Inspector's memo of June 8, 1982 and the City Engineer's memo of June 3, 1982 be complied with; (2) that the applicant arrange with property owners for the use of adjacent parking lots and hire a traffic control officer acceptable to the Police Department for the duration of each sale; (3) that the sales, times and operation be limited as described in the applicant'sletters of May 20 and 28, 1982; (4) that signage for the site during sales conform to city's sign code and be issued the proper permits; and (5) that after a one year cycle of these sales staff review and report back to Commission. Second C. Garcia; motion approved on a 4-1 roll call vote, C. Graham dissenting, Cers Giomi and Harvey absent. Appeal procedures were advised. 9. TENTATIVE AND FINAL PARCEL MAP FOR RESUBDIVISION OF PARCEL B, LOTS 1, 2, 8 AND PORTION OF 3, BLOCK 8, MILLSDALE INDUSTRIAL PARK NO. 5 (1510-1524 ROLLINS ROAD) Reference City Engineer's memo of June 22, 1982. CE Erbacher detailed this proposal and noted no objections had been received from adjacent property owners. Staff recommended approval. Howard Hickey, civil engineer representing the applicants, was present. C. Graham moved for approval and recommendation to City Council of this tentative and final parcel map. Second C. Cistulli; motion approved unanimously on voice vote, Cers Giomi and Harvey absent. 10. TENTATIVE AND FINAL PARCEL MAP - 1550 ROLLINS ROAD Removed from the agenda at the request of the applicant's engineer. 11. REQUEST FOR EXTENSION OF 6/16/81 CONDOMINIUM PERMIT, TENTATIVE PARCEL MAP AND TENTATIVE SUBDIVISION MAP FOR A 9 UNIT PROJECT AT 1221-1225 CAPUCHINO AVENUE Reference City Engineer's memo of June 22, 1982 with attached letter requesting a one year extension from Richard S. Baltzer, General Partner, E1 Camino Properties, Ltd. CE Erbacher had no concerns and recommended approval of this request. C. Graham moved to approve a one year extension of the condominium permit and to recommend a one year extension of the tentative maps to City Council. Second C. Cistulli; motion approved unanimously on voice vote, Cers Giomi and Harvey absent. 12. PUBLIC HEARING - PLANNING COMMISSION RESOLUTION NO. 4-82 AMENDING RULES OF PROCEDURE OF THE PLANNING COMMISSION CP Monroe noted the proposed change in rules of procedure which is limited to language to establish applicant submittal dates based on the annually approved Planning Commission schedule. C. Graham moved for adoption of Resolution No. 4-82. Second C. Cistulli; motion approved on a 5-0 roll call vote, Cers Giomi and Harvey absent. Recess 9:50; reconvene 9:55 P.M. ITEMS FOR STUDY 13. CONDOMINIUM PERMIT TO CONSTRUCT A FOUR UNIT PROJECT AT 701 FAIRFIELD ROAD 14. TENTATIVE SUBDIVISION MAP FOR THE ABOVE CP Monroe noted June 25, 1982 letter from Gene Satrap, representing the Russian Church of All Saints, requesting Commission require the preparation of an environmental impact report on this project. Letters in support of this request for an EIR were also Burlingame Planning Commission Minutes Page 7 June 28, 1982 received from Clarence M. Philpott, Pastor, Burlingame Seventh-Day Adventist Church, 707 E1 Camino Real (June 28, 1982) and Stuart P. Coxhead, Jr., Rector, Saint Paul's Episcopal Church, 415 E1 Camino Real (June 28, 1982). It was noted that staff had prepared a negative declaration (ND -317P (b)) on this project. CP requested Commission direction and noted options: (1) negative declaration; (2) environmental assessment; or (3) environmental impact report. These options were further clarified by Chm. Mink. C. Graham then moved to accept the negative declaration. Second C. Cistulli; motion approved 4-1 on voice vote, C. Mink dissenting, Cers Giomi and Harvey absent. CP further advised that Rev. Pavlenko of the Russian Church of All Saints had requested action on this project be delayed to the meeting of August 23. The Chair referred this request to the applicant. Through his representative, Helen Som (architect), the applicant requested the public hearing be held at the next meeting, July 12. Items 13 and 14 set for hearing July 12, 1982. 15. FINAL SUBDIVISION AND PARCEL MAPS - 119 PRIMROSE ROAD Set for hearing July 12, 1982. 16. AMENDMENT TO 10/2/78 SPECIAL PERMIT - TRUE LEARNING CENTER - 801 HOWARD AVENUE Requests: report on traffic impact in the area; details on the arrival and departure of these high school students, school hours and controls; location of classes for the younger and older students. Set for hearing July 12, 1982. CITY PLANNER REPORT CP Monroe reported on Council actions at its June 21 meeting: - Upheld Commission's decision and denied without prejudice the appeal of variances at 958 Laguna Avenue. - approved the 1982-83 budget including reclassification of the Zoning Aide position to entry Planner I. - awarded contract for construction of the new police station. - approved resolution agreeing to finance construction of a freeway connection to 101. Chm. Mink noted League of California Cities 84th Annual Conference, October 17-20, 1982 in San Diego. Schedule of the program will be copied for all Commissioners. DISCUSSION OF OFFICE USE IN THE M-1 DISTRICT This item was continued to the meeting of July 12, 1982. ADJOURNMENT The meeting adjourned at 10:30 P.M. Respectfully submitted, Harry S. Graham Secretary