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HomeMy WebLinkAboutMin - PC - 1982.01.25CITY OF BURLINGAME PLANNING COMMISSION JANUARY 25, 1982 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman Jacobs on Monday, January 25, 1982 at 7:33 P.M. ROLL CALL Present: Commissioners Cistulli, Garcia, Graham, Harvey, Jacobs, Leahy, Mink; Giomi (learning member) Absent: None Staff Present: City Planner Margaret Monroe; City Attorney Jerome F. Coleman; City Engineer Frank C. Erbacher MINUTES - The minutes of the January 11, 1982 meeting were unanimously approved and adopted with the following correction: on page 3, last paragraph, under Item #4, motion was made by C. Graham rather than C. Leahy. AGENDA - Order of the agenda unanimously approved. ITEMS FOR ACTION 1. FENCE EXCEPTION TO ALLOW A 6'-6" FENCE IN THE FRONT SETBACK AT 1272 OAK GROVE AVENUE, BY JESS A. PITTORE CP Monroe reviewed this application to allow a fence which exceeds the 5' maximum height permitted by code for fences erected in the front setback area. Reference staff report dated 1/19/82; site drawing received December 18, 1981; site inspection report dated 1/18/82; "no comments" memos from the City Engineer, Fire Marshal and Chief Building Inspector; letter received from the applicant December 18, 1981; petition in support from nearby neighbors received December 18, 1981; letter in support from Dom Coppblillo, 1545 Floribunda Avenue; Burlingame Police Department burglary report for the property at 1272 Oak Grove Avenue dated 7/22/80; letter received December 18, 1981 from Mr. Pittore transmitting his application; November 3, 1981 letter from the Building Inspector to the applicant advising of the code violation; and photographs of the site. CP discussed details of this existing fence, staff review of the plans, applicant's justification for the fence exception and code requirements. Staff recommended approval if appropriate findings could be made. It was determined this was a new fence which had been erected without a building permit. Chm. Jacobs opened the public hearing. There were no comments and the hearing was closed. The applicant was not present at the time of the hearing. On-site inspections by staff and Commissioners were noted. Discussion: someone could easily get into the yard over the low fence on the side; privacy could be achieved by the use of draperies or some other material over the large front windows (there are many homes in Burlingame with this type of window facing the street); height of the fence could be reduced approximately one foot by removing the planter boxes from the top; this high fence could have a reverse effect on security in that if someone did get in he would not be seen from the street. It was noted the code states: "no fence or hedge" which exceeds 5 feet is permitted in the front setback. Page 2 Burlingame Planning Commission Minutes January 25, 1982 C. Harvey found, based on the testimony this evening, that there were no exceptional circumstances, that the regulations did not cause unnecessary hardship upon the petitioner and that the requirements for a fence exception had not been met. He then moved to deny this application. Second C. Mink; motion approved unanimously on roll call vote. Appeal procedures were advised. 2. SPECIAL PERMIT TO OPERATE A BAR AND ENTERTAINMENT FACILITY IN AN EXISTING OFFICE/HALL BUILDING AT 1450 ROLLINS ROAD, BY RICHARD O'ROURKE CP Monroe reviewed this request to operate a bar and evening entertainment facility in the 9,025 SF union hall at 1450 Rollins Road in the M-1 District. Reference staff report dated 1/18/82; January 15, 1982 memo from the City Planner re: Parking Requirements and Analysis of 1450 Rollins Road, The Sound Dome; Project Application & CEQA Assessment; aerial photograph of the site; December 16, 1981 memo from the Chief Building Inspector; December 22, 1981 memo from the City Engineer; December 15, 1981 memo from the Fire Marshal; letter of explanation from the applicant received November 4, 1981; Operation of The Sound Dome, Floor Plan of the Sound Dome and Final Reevaluation of the Sound Dome Operation received December 7, 1981; property owners' consent to application dated October 13 and November 16, 1981; 30 September 1981 letter to Police Chief Palmer from James Datzman, Chief of Police, South San Francisco; letters in opposition from Robert L. Hammett, Hammett & Edison, Inc., 1400 Rollins Road (November 23, 1981) and Herman Christensen, Jr., Aerobay Office Center, 801 American Street, San Carlos (December 11, 1981); and plans date stamped December 7, 1981. CP discussed hours of operation, staff comments and concerns, appl-icant's'background and his plans,for this operation, neighboring property owners' concerns, compatibility of the proposed use with the M-1 zone and parking issues. If approved,'staff recommended three conditions as listed in the staff report. For the record Secy. Harvey noted additional correspondence in opposition to this application: January 21, 1982 letter from Robert F. Edwards, Jr., 50 Edwards Court and January 22, 1982 letter from Lage E. Andersen, attorney representing the Coen Company, Inc., 1510 Rollins Road. It was determined the Fire Department had indicated maximum occupancy load to be 243; this might change when the final seating plan is presented. Richard O'Rourke, the applicant, was present. Responding to Commission questions, he advised his previous operations had been in commercial zones in other cities, that the entertainment use was planned for Wednesday through Saturday evenings, and possible rentals of the site would be on Saturday and Sunday afternoons. Chm. Jacobs opened the public hearing. There were no comments in favor. The following spoke in opposition: Lage Andersen, attorney representing the Coen Company, 1510 Rollins Road; Andrew Morrow, Andrew Morrow Enterprises, 25 Edwards Court; Dick Lavenstein, industrial real estate, Burlingame. Their concerns: security of adjacent properties; use is not compatible with permitted and/or other existing uses in the M-1 zone; it is not an ancillary use such as a coffee shop to serve daytime workers in the area; parking, littering and possible damage of adjacent properties by those attending entertainment functions at the union hall; preserve the fine quality of Burlingame's industrial parks. There were no further comments and the public hearing was closed. At the Chair's request, Sgt. Kruttschnitt of the Burlingame Police Department stated Police concerns: illegal parking on priviate property belonging to others; property damage and general littering; possibility of vandalism with this type of establish- ment; the patrol beat which includes this site is large and patrol would have to be revised; two private patrols also work the area. He advised there was some problem Page 3 Burlingame Planning Commission Minutes January 25, 1982 in the past when the union hall was rented out, but that generally private security forces had been hired to provide security and policing. He also discussed security and parking problems encountered by the San Carlos police with the Circle Star Theater/ Restaurant and advised he would anticipate similar problems with the proposed operation in Burlingame. The Sgt. and the applicant confirmed that Mr. O'Rourke had met with Police Chief Palmer and discussed private patrols and security for adjacent properties. C. Mink pointed out that when the previous use at this site had been considered by the Planning Commission, approval had been based on restricting rentals to members of the union and their families; in the past the Commission had maintained very strict hours of operation for public places in this area selling food and beverages. Other public facilities in the area were limited to member use such as the racquetball club which is primarily a recreational use. He asked that Commission continue to be consistent in its decisions with regard to the M-1 zone. C. Cistulli, also speaking as a long-time Commissioner, found the proposed use entirely different from a restaurant and expressed concern about the lack of sufficient police protection. There was Commission consensus that this use was not compatible with the zone and the applicant was told this in no way reflected upon his ability as an operator of this type of entertainment facility. C. .Graham moved to deny this special permit. Second C. Cistulli; motion approved unanimously on roll call vote. Appeal procedures were advised. 3. FINAL PARCEL MAP FOR THE 28 UNIT CONDOMINIUM AT 777 MORRELL AVENUE, FOR WILLIAM KUBACH, ET AL CE Erbacher reviewed this final condominium map which covers the 28 unit condominium development at the corner of Morrell Avenue and Rollins Road (777 Morrell Avenue). He noted the structure is sufficiently complete for the City and the developer's Engineer to ascertain actual unit dimensions; original tentative map and tentative map extension dates were noted. Approval was recommended with one condition as listed in the staff memorandum. Chm. Jacobs opened the public hearing. There were no audience comments and the hearing was closed. CA Coleman confirmed he had reviewed the CC&Rs and they were acceptable to the City. C. Mink moved for approval and recommendation to City Council of this Final Parcel Map with the condition that before final City signatures are placed on the map all City charges for the project's various approvals be paid. Second C. Cistulli; all aye voice vote. 4. REVIEW OF DRAFT EIR-56P FOR A 44 UNIT APARTMENT AT 1800 EL CAMINO REAL, PREPARED BY DEL DAVIS ASSOCIATES, INC. FOR CLAYMORE INVESTMENT CO. (OWNER AND APPLICANT) CP Monroe discussed procedure for hearing the EIR and the proposed project (agenda study item #5). Action on the project itself will not be requested until after a general plan amendment has been acted upon. She noted the Draft EIR had been sent to the State Clearinghouse and the 45 day review period by public agencies had ended January 22, 1982. CP then introduced Jackson.Menze of Del Davis Associates, Inc. Mr. Menze summarized details of the project proposal; the steps required for development of this site; zoning of the area and the requirement for a general plan amendment; concerns such Burlingame Planning Commission Minutes Page 4 January 25, 1982 as traffic generation, hazardous conditions at the intersection, noise (airport related, Southern Pacific Railroad, traffic on E1 Camino Real, construction noise); visual impacts, particularly shadowing of adjacent properties; loss of privacy by the convalescent hospital; growth inducing impacts on commercial and multi -family residential areas of the city, perhaps even R-1. He then discussed mitigation measures suggested in the EIR. Commission discussion and suggestions to add to the adequacy of the EIR: with respect to views and privacy of the convalescent hospital.- expand the mitigation section; flight patterns (noise) from the airport - would like a statement that the noise mitigation measures listed in the EIR do respond fully to the airport noise generated at the site; if a change in the land use is to be looked at in this area, request a discussion in the EIR of what is a reasonable expansion (otherwise it could be termed a spot designation); a request was made that noise and privacy of the balconies be addressed. Chm. Jacobs opened the public hearing. Nannette Giomi (learning Commissioner) requested a statement be included -regarding traffic, over a 24 hour period as well as peak commercial hours. CP noted letter received today from the State Clearinghouse enclosing memorandum from the Department of Transportation. Consultant will respond to this memorandum in the addendum to the DEIR. M. C. Ross, property owner and developer of the proposed project, was present. He briefly discussed his project, its location and concerns/mitigations. CP clarified the need for a general plan amendment. There were no further comments and the public hearing was closed. Consultant will prepare written responses to all comments received for Planning Commission review at a subsequent meeting. Recess 9:00 P.M.; reconvene 9:22 P.M. ITEMS FOR STUDY 5. SPECIAL PERMIT - 1800 EL CAMINO REAL; BY ONORATO ASSOCIATES, INC. AND M. C. ROSS, CLAYMORE INVESTMENT CO. (PROPERTY OWNER) Will be set for hearing following action on a general plan amendment. 6. SPECIAL PERMIT - DELI IN AN EXISTING OFFICE/WAREHOUSE IN THE M-1 DISTRICT, AT 840 STANTON ROAD, BY BOTRUS ZAAROUR Set for hearing February 8, 1982. 7. SPECIAL PERMIT - MEDICAL/INDUSTRIAL CLINIC, 1657 ROLLINS ROAD IN THE M-1 DISTRICT, BY DR. AND MRS. DAVID ARROWSMITH Set for hearing February 8, 1982. CITY PLANNER REPORT 8. RECENT CITY COUNCIL ACTIONS - City Council Adjourned meeting on Ordinance No. 1214 will be held January 26, 1982. - City Council has acted on an agreement to prepare an EIR for the proposed Anza Office Park, 477 Airport Boulevard. Burlingame Planning Commission Minutes Page 5 January 25, 1982 8a. A second citizens workshop on Historic Preservation will be held in Conference Room B, City Hall at 7:30 P.M., February 4, 1982. 9. PLANNING COMMISSION FIELD TRIP TO REVIEW 1980/1981 PLANNING PROJECTS This field trip has been scheduled for March 6, 1982. Staff to advise City Council. 10. PROJECT PROCESSING WHEN A GENERAL PLAN AMENDMENT IS REQUIRED OR REQUESTED CP Monroe advised this suggested procedure will be forwarded to City Council for its acknowledgment. 10a. Planning Commission hearing on the Marriott EIR will be held February 8, 1982. ACKNOWLEDGMENT January 12, 1982 letter to the City of Burlingame from Elva Lois Knight, 1821 Loyola Drive, Burlingame, re: new home under construction at 1825 Loyola Drive and drainage problem. Antill IDRIMCKIT The meeting adjourned at 9:45 P.M. in memory of Mary Martin. Respectfully submitted, Joseph E. Harvey Secretary