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HomeMy WebLinkAboutMin - PC - 1983.09.12CITY OF BURLINGAME PLANNING COMMISSION SEPTEMBER 12, 1983 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman Graham on Monday, September 12, 1983 at 7:35 P.M. ROLL CALL Present: Commissioners Cistulli, Garcia, Giomi, Graham, Leahy, Schwalm, Taylor Absent: None Staff Present: City Planner Margaret Monroe; City Attorney Jerome F. Coleman; City Engineer Frank C. Erbacher MINUTES - The minutes of the August 22, 1983 meeting were unanimously approved and adopted. AGENDA - Order of the agenda unanimously approved. ITEMS FOR ACTION 1. VARIANCE TO ALLOW A SECOND FLOOR ADDITION AT 1544 WESTMOOR ROAD, BY MRS. CATHERINE CIMARELLO CP Monroe reviewed this request to allow a 762 SF second floor addition without providing two off-street parking spaces. Reference staff report dated 9/2/83; Project Application & CEQA Assessment received 8/16/83; "no comments" memos from the City Engineer (8/29/83), Chief Building Inspector (.8/18/83) and Fire Marshal (8/24/83); August 16, 1983 letter from the applicant; aerial photograph; and plans date stamped August 16, 1983. CP discussed details of the request, code requirements, staff review, applicant's justification for variance, Planning staff comments. One condition was suggested for consideration at the public hearing. Chm. Graham opened the public hearing. The applicant was present. There were no audience comments and the public hearing was closed. Commission discussion: the fact that the project is presently under way and the contractor's neglect in not first obtaining a building permit; applicant's desire to add a bedroom on the second floor so that her granddaughter can live with her; there is no space on the property to put the additional required parking space; applicant advised there would be a total of two cars in the household; applicant is the original owner of this home. C. Giomi found there were exceptional circumstances in the original placement of the house on this lot; that to bring the garage forward and expand it would encroach into the front setback and would cause substantial remodeling cost to replace or move the kitchen; that this is a quiet residential street and the area does not appear to have a severe on -street parking problem; that the variance is needed for the preservation and enjoyment of a property right of the owner to maintain residence in this home; Burlingame Planning Commission Minutes Page 2 September 12, 1983 that the variance will not be detrimental to the public health, safety or welfare and will not adversely affect the zoning plan of the city, the site will remain R-1. C. Giomi then moved for approval of the variance with the following condition: (1) that the project be built according to the plans submitted and date stamped by the Planning Department August 16, 1983. Second C. Cistulli; motion approved unanimously on roll call vote. Appeal procedures were advised. 2. SPECIAL PERMIT FOR AN ACCESSORY STRUCTURE AT 341 OCCIDENTAL AVENUE, BY ANASTASIA COLE CP Monroe reviewed this request to allow reconstruction of a carport/garage which exceeds the requirements for accessory structures. Reference staff report dated 9/2/83; Project Application & CEQA Assessment received 8/17/83; staff review: City Engineer (8/29/83), Chief Building Inspector (8/29/83) and Fire Marshal (8/30/83); letter from the applicant dated August 17, 1983; photographs of the site; August 18, 1983 letter from Lou Janakos, Housing Rehabilitation Supervisor, San Mateo County HCD;. single line elevation; aerial photograph; and plans date stamped August 24, 1983. CP discussed details of the application, code requirements, city staff review, applicant's explanation of her request, San Mateo County HCD funding for the project as discussed by the Housing Rehabilitation Supervisor. CP further advised that the Fire and Building Codes define this structure as a garage because it is closed on three sides. One condition was suggested for consideration at the public hearing. Chm. Graham opened the public hearing. Lou Janakos, San Mateo County HCD, was present. There were no audience comments and the public hearing was closed. Commission discussion: existing garage will remain as is, feel this structure needs some upgrading also; HCD funding is strictly limited to storm damage and the carport did have severe storm damage, the garage is technically sound; Fire Marshal found no problem with this three sided construction; property is extremely deep and front of carport would be set back from the front property line and sheltered by large trees. C. Giomi moved for approval of this special permit with the following condition: (1) that the proposed carport/garage be built according to the plans submitted and as corrected by staff and date stamped August 24, 1983. Second C. Cistulli; motion approved unanimously on roll call vote. Appeal procedures were advised. 3. CONDOMINIUM PERMIT FOR A NINE UNIT RESIDENTIAL CONDOMINIUM AT 1221 OAK GROVE AVENUE. BY DOMINION-STOPPA FOR SARTI AND SARTI. INC. CP Monroe reviewed this request. Reference staff report dated 9/6/83; Project Application & CEQA Assessment received 7/20/83; staff review: Chief Building Inspector (8/31/83), Fire Marshal (7/20/83), City Engineer (8/29/83), Director of Parks (7/20/83) and City Attorney (7/20/83); study meeting minutes of August 22, 1983; aerial photograph; plans date stamped August 10, 1983 with revisions date stamped September 1, 1983. CP discussed common open area provisions; project's compliance with all other zoning requirements; staff review; questions raised at the study meeting. Two conditions were suggested for consideration in the staff report and a third condition added by the City Planner: (3) that all landscaping including the planters and pots in the common open area be sprinklered. Chm. Graham opened the public hearing. Luciano Stoppa, architect representing the applicants, was present. He discussed further details on the landscaping and indicated common open area landscaping would be slightly over the 50% required in the Condominium Guidelines. There were no audience comments and the public hearing was closed. Page 3 Burlingame Planning Commission Minutes September 12, 1983 Discussion: the project is one structure, 150' in length, Fire Marshal had no objection to this length; ventilation will be ceiling hung; plans provide more common open area than required under the code, propose to landscape in pots and planters 50% of what is required. There was concern expressed about providing common open area on a cement slab, the roof of the underground garage; this could be precedent -setting and perhaps violate the spirit of the ordinance. Further comment: underground parking garage extends to the rear and side property lines, thus providing parking to code for the nine units, and guest parking is designated; front setback landscaping is more than the code requirement. C. Leahy moved for approval of this condominium permit with the following conditions: (1) that the conditions of the City Engineer's memo of August 29, 1983, the Director of Parks' memo of July 20, 1983 and the City Attorney's memo of July 20, 1983 be met; (2) that the project as -built be consistent with the plans date stamped by the Planning Department August 10, 1983 with revisions date stamped September 1, 1983; and (3) that all landscaping including the planters and pots in the common open area be sprinklered. Second C. Schwalm; motion approved on a 5-2 roll call vote, Commissioners Giomi and Graham dissenting. Appeal procedures were advised. 4. TENTATIVE SUBDIVISION MAP FOR A NINE UNIT CONDOMINIUM DEVELOPMENT, LOT 1, BLOCK 6, MAP #2 OF BURLINGAME LAND COMPANY. 1221 OAK GROVE AVENUE Reference City Engineer's August 29, 1983 memo. CE Erbacher recommended Commission forward this map to Council for their approval. C. Cistulli moved for approval and recommendation to Council of this tentative sub- division map; second C. Garcia. Motion approved unanimously on voice vote. 5. SIGN EXCEPTION TO ALLOW AN AWNING SIGN AT 1219 BURLINGAME AVENUE, BY FARRO ESSALAT OF ALL ON BOARD CP Monroe reviewed this request for an oversized awning sign at 1219 Burlingame Avenue. Reference staff report dated 9/6/83; Sign Permit application filed 8/1/83; Sign Exception application filed 8/1/83; letter from the applicant dated July 29, 1983; "no comments" memo from City Engineer, Chief Building Inspector and Fire Marshal dated 8/29/83; sign drawing date stamped August 1, 1983; photograph of the existing sign; and aerial photograph. CP discussed the request and code requirements; staff review; applicant's justification; Planning staff comments and the need to find exceptional circumstances. If approved, one condition was suggested for Commission consideration. Chm. Graham opened the public hearing. The applicant, Farro Essalat, was present. There were no audience comments and the public hearing was closed. Discussion: issue is the height of lettering on the awning, square footage is within code; the sign for this new business was installed in March of 1983. Applicant advised sign was designed as a logo, the wall of this site is set back from the street and a sign there would not be seen from the sidewalk; if the signage were changed the logo would have to be changed; any change to the present sign would damage the awning. Staff was requested to advise the painter of this awning sign that a sign permit is required in Burlingame to erect any sign; the possibility of notifying property owners about the Sign Code was mentioned. CA advised that staff is working on a checklist to accompany each business license application in the hope of eliminating similar problems. Page 4 Burlingame Planning Commission Minutes September 12, 1983 C. Taylor found the applicant's testimony this evening supported a finding of special circumstances applicable to the subject property and that strict application of zoning regulations would deprive the applicant of privileges enjoyed by other property owners in the same vicinity. C. Taylor then moved for approval of this sign exception; second C. Cistulli. Comment on the motion: think 8" lettering could be used by a sign maker to produce a simple, effective and aesthetic sign; additional finding for granting this application: the entrance is set back from the street and as a result it would be difficult to get signage on the building which could be seen by prospective patrons. Motion approved on a 6-1 roll call vote, C. Garcia dissenting. Appeal procedures were advised. Recess 8:30 P.M., reconvene 8:37 P.M. 6. AMENDMENT OF SPECIAL PERMIT FOR FERIAL'S DELI AT 840 STANTON ROAD, REFERRED TO COMMISSION BY COUNCIL ON 7/5/83 (CONTINUED FROM 8/22/83) CP Monroe reviewed this request to allow outdoor seating at Ferial's Deli. Reference staff report dated 9/7/83; new plan for outdoor seating and landscaping date stamped September 2, 1983; August 25, 1983 Monroe letter to Botrus Zaarour; August 22, 1983 Planning Commission minutes; August 2, 1983 letter from the new property owner, Dr. Ernest A. Siegel, with suggested alterations to the landscaping plan presented by the applicant; 13 letters in support of the outdoor seating presented by the applicant at the 8/22/83 Commission meeting; and 8/22/83 staff report with attachments. CP discussed Commission's request that a better plan drawn to scale showing table placement and plant materials be presented for their consideration; Planning staff contacts with the new property owner and conditions he would wish to place on the operator if outside seating were allowed. Staff had requested a consensus plan to scale be presented for Commission review and action at this 9/12/83 meeting. If the amendment were granted four conditions were suggested for consideration. Chm. Graham opened the public hearing. Patricia Keller, attorney representing Botrus Zaarour, the applicant, addressed Commission: it was her understanding the applicant and the property owner were in agreement as to the use of the front setback but not in exact agreement as to the landscaping and how much square footage would be used in the plan submitted; believe Commission's main concerns were maintaining 10% landscaping and increased seating over that previously allowed in the use permit; applicants have been successful in increasing their business with this outdoor seating and were not aware they should apply for an amendment to their special permit; the conditions suggested in the staff report are acceptable to the applicant. Dr. Ernest Siegel who recently purchased this property also addressed Commission: former owner took little interest in the property; he does want to be involved, particularly with any change in the structure or site, and wants to meet all the city's codes; would like to improve the neighborhood, providing a well maintained luncheon spot for nearby employees; would like to keep the area private, perhaps with a hedge on the north side; would prefer to retain the asphalt and decorate with large planters, maintained by the tenant; would like to keep the outdoor seating, think it's an asset to the neighborhood. Other audience comment in favor: Mr. Stanton, on behalf of his employees who work nearby and enjoy the outside seating; he presented photographs of the site and of an adjacent poorly maintained site; his feeling was the outside seating at 840 Stanton enhances the area and benefits the people who work there. It was pointed out the outside seating had been in use without an amendment to the permit for quite some time. There were no further audience comments and the public hearing was closed. Page 5 Burlingame Planning Commission Minutes September 12, 1983 Commission discussion: suggest Commission make a decision tonight in two steps, first the outside seating and then continue approval until an exact landscaping plan is available; CA noted the amount of time already spent on this amendment request and asked that if the outside seating is approved a definite landscaping scheme also be approved this evening. C. Taylor moved that the special permit for Ferial's Deli at 840 Stanton Road be amended to allow outdoor seating, the amendment not to take effect until the Planning Commission approves a specific plan. Second C. Schwalm. C. Taylor explained that his motion would give some guidance to the applicant that the concept has been approved. C. Giomi requested the motion be amended to require 10% landscaping. C. Taylor accepted this amendment and added a requirement that the applicant submit a full landscape plan to scale with plant materials identified within 30 days. C. Schwalm amended his second. Discussion on the motion: think employees in the area should be allowed this amenity; do not feel letters from neighbors in the area were particularly effective in their support; intent of delis in the M-1 district was to serve a particular building, cannot support this expansion. On roll call vote motion was defeated 2-5, Commissioners Cistulli, Garcia, Giomi, Leahy and Graham dissenting. Appeal procedures were advised. 7. REVIEW OF 7/11/83 SPECIAL PERMIT TO ALLOW STAR EXCAVATION TO STORE TRUCKS ON THE SITE AT 1645 ROLLINS ROAD, BY DIANA MILEY CP Monroe reviewed this item. Reference staff report dated 9/6/83; Monroe letter of action to the applicant dated July 20, 1983; August 24, 1983 memo from the Fire Marshal; Towber letter to the applicant dated August 8, 1983; and August 3, 1983 memo from the Fire Marshal. CP discussed staff site inspections for compliance with conditions of approval and with particular reference to the required fencing. Staff requested direction regarding the required fence and noted the site will be reviewed by the Fire Department every three months, the permit to be valid until June, 1984. CP recommended a further condition be put on the permit: that no vehicles or equipment stored on the site by Star Excavation be parked on the asphalted area. Mikey Sweeney of Star Excavation explained Star's difficulty in obtaining slats for the fencing as well as labor to do the work. Fire Marshal advised the applicant had agreed that equipment would be kept off the roadway and that there was no flammable material on the site during his recent inspection. Commission discussion: concern that even with the slatted fence the trucks would be highly visible; the trucks would be visible with a solid fence of that height also; suggest property owner be requested to better screen the area. Staff pointed out there were two issues: extension of the fence and an extended time period to meet the slatting requirements. C. Leahy moved that Star Excavation be given the option of installing the fence as originally required or slatting the Rollins Road fence down to the fire alarm box, either option to be completed within 30 days. Second C. Cistulli; motion approved on a 5-2 roll call vote, Commissioners Giomi and Taylor dissenting. Appeal procedures were advised. 8. CONTINUED REVIEW OF 11/27/78 SPECIAL PERMIT TO ALLOW PENINSULA SPORTS CENTER AT 1239 ROLLINS ROAD, BY ANN MORI CP Monroe discussed meeting held Tuesday, August 30 with staff, Ms. Mori and her attorney. Staff concerns were discussed and a site visit made. Following the meeting Burlingame Planning Commission Minutes Page 6 September 12, 1983 applicant's attorney outlined in a letter specific actions necessary and time limit for applicant's completion of these items. Staff recommended a continuation to the meeting of November 14, 1983, staff to make a site inspection after November 1. Reference staff report for Item #8; August 22, 1983 Planning Commission minutes; September 1, 1983 letter from Penelope C. Greenberg, attorney for the applicant. Attorney Greenberg was present. Chm. Graham continued this item to the meeting of November 14, 1983. C. Leahy was excused at 9:45 P.M. ITEMS FOR STUDY 9. CONDOMINIUM PERMIT FOR A 16 UNIT PROJECT AT 35-51 EL CAMINO REAL, BY CARMINO ASSOCIATES 10. TENTATIVE SUBDIVISION AND PARCEL MAPS FOR THE ABOVE Request: summary of the rationale behind one year Planning approvals. Items set for hearing September 26, 1983. 11. CONDOMINIUM PERMIT, SPECIAL PERMIT AND VARIANCE FOR A 12 UNIT PROJECT AT 1233 BELLEVUE AVENUE, BY TED FARLEY FOR ASIA PENINSULA PROPERTIES 12. TENTATIVE SUBDIVISION. MAP FOR THE ABOVE Request: how far will the garage slab extend into the front setback. Items set for hearing September 26, 1983. CITY PLANNER REPORTS CP Monroe reviewed Council actions at its September 7 and September 8, 1983 meetings. A11.1011PHMFAIT The meeting adjourned at 10:05 P.M. Respectfully submitted Nannette M. Giomi Secretary