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HomeMy WebLinkAboutMin - PC - 1983.11.28CITY OF BURLINGAME PLANNING COMMISSION NOVEMBER 28, 1983 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman Graham on Monday, November 28, 1983 at 7:34 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 November 14, 1983 meeting were unanimously approved and adopted. AGENDA - Item #13, Special Permit to allow a courier service at 2-4 Adrian Court, was continued for study to the January 9, 1984 meeting at the applicant's request. ITEMS FOR ACTION 1. SPECIAL PERMIT AMENDMENT TO ALLOW A PRESCHOOL AT OUR LADY OF ANGELS ELEMENTARY SCHOOL, 1328 CABRILLO AVENUE CP Monroe reviewed this request to add a preschool program on this site. Reference staff report dated 11/18/83; Project Application & CEQA Assessment received 10/27/83; staff review: Chief Building Inspector (11/14/83), City Engineer (11/14/83) and Fire Marshal (11/14/83); November 7, 1983 letter from Liz Watson, Co -Director of the preschool; site drawing date stamped November 10, 1983; and aerial photograph. CP discussed details of the request and staff review. Two conditions were suggested for consideration atthe public hearing. Chm. Graham opened the public hearing. There were no audience comments and the public hearing was closed. Liz Watson, applicant, was present. Discussion/determinations: the preschool would employ three part time staff members, Monday through Friday, working 8:30 A.M. to 12:00 N.; only one staff car would be involved; preschool is sponsored by the parish as is the elementary school and occupies a vacant room in the school; rooms are vacant because of a decline in enrollment, several years ago there were elementary grades in this classroom; total enrollment has decreased in the last three years; this application would be an amendment to the permit issued Our Lady of Angels parish school; there is no off-street parking available, parking lot is used as a play yard during the day; traffic generation would be result from drop-off and pick-up. C. Giomi saw no problem with this application, the use would complement the permit which the school already enjoys and would not increase any impacts on the neighborhood. C. Giomi moved to approve this special permit amendment with the following conditions: (1) that the preschool enrollment and operation conform to the limits outlined in the Burlingame Planning Commission Minutes Page 2 November 28, 1983 applicant's letter of November 7, 1983; and (2) that this permit be reviewed in one year's time. Second C. Schwalm; motion approved on a 6-0-1 roll call vote, C. Cistulli abstaining (as an active member of Our Lady of Angels parish). Appeal procedures were advised. 2. SPECIAL PERMIT TO ALLOW A PSYCHOLOGICAL COUNSELING OFFICE AT 1214 DONNELLY AVENUE CP Monroe reviewed this request for a counseling office on a site in Sub -Area B (C-1). Reference staff report dated 11/21/83; Project Application & CEQA Assessment received 10/18/83; applicant's project description; site plan, first floor plan and second floor plan date stamped October 18, 1983; staff review: City Engineer (10/24/83), Fire Marshal (10/24/83) and Chief Building Inspector (11/4/83); November 14, 1983 study meeting minutes; November 16, 1983 letter from the applicant acknowledging and accepting the 10 person occupancy limitation on the second floor; photograph of the building; and aerial photograph of the site. CP discussed details of the request; staff review; available parking and code requirements; study meeting concerns addressed in the staff report. Three conditions were suggested for consideration at the public hearing. Chm. Graham opened the public hearing. The applicants were not present and following some discussion this item was moved to later in the meeting. Applicants did not arrive, public hearing was closed and this item continued to the December 12, 1983 meeting. The Chair advised that since Commissioners had some questions, if applicants were not available at that time the item will be dropped. 3. SPECIAL PERMIT TO ALLOW A COURIER SERVICE AT 819 MITTEN ROAD, BY ACTION DISPATCHED COURIERS CP Monroe reviewed this request to operate a courier service from an office in the M-1 district. Reference staff report dated 11/21/83; Project Application & CEQA Assessment received 10/13/83; "no comments/requirements" memos from the Chief Building Inspector (11/4/83) and Fire Marshal (10/20/83); memo from the City Engineer (11/14/83); Planner's letter to applicant (9/23/83); floor plans and area plan, 819 Mitten Road; letter from the property owner dated October 11, 1983; letter from the applicant dated October 11, 1983; November 14, 1983 study meeting minutes; and aerial photograph. CP discussed details of the request; code requirements; staff review; applicant's description of his business; study meeting questions regarding trip ends, dispatch, overnight and on-site parking. Three conditions were suggested for consideration at the public hearing. Discussion: number of full time employees; code regulations under which a special permit is required for this use; type of vehicles used by the courier service; delay from applying for business license because of time involved for submittal of a complete application after business license review has identified the need for a special permit; staff's review of required parking for the site; staff has received no complaints about this business. Chm. Graham opened the public hearing. Donald Rightmyer, applicant, was present and indicated no objection to staff's proposed conditions. There were no audience comments and the hearing was closed. Discussion: would like statement in writing from the property owner that five on-site parking spaces will be permanently designated for the courier service; this business is now operating on the site. C. Giomi moved for approval of this special permit with the following conditions: (1) that the operation of this business be as described in the applicant's letter of October 11, 1983 and with the following guidelines: operate between 6:00 A.M. and Page 3 Burlingame Planning Commission Minutes. November 28, 1983 10:00 P.M. Monday through Friday, and park only one vehicle on site overnight; (2) that five on-site parking spaces be permanently designated for the use of the courier business at this location; (3) that a letter be submitted by the property owner verifying compliance with condition #2 and that this special permit not become effective until this letter is received by the city; and (4) that this use permit be reviewed in one year's time. Second C. Garcia; motion approved on a 6-1 roll call vote, C. Schwalm dissenting. Appeal procedures were advised. 4. SPECIAL PERMIT TO ALLOW A CAR RENTAL AGENCY IN THE M-1 DISTRICT AT 1322 MARSTEN ROAD, BY GOLDEN WEST RENT -A -CAR CP Monroe reviewed this request to locate a car rental agency in the M-1 district. Reference staff report dated 11/22/83; Project Application & CEQA Assessment received 10/21/83; 11/14/83 study meeting minutes; staff review: Fire Marshal (10/26/83), Chief Building Inspector (10/24/83) and City Engineer (11/3/83); aerial photograph of the site; Rent-A-Car Questionnaire received October 21, 1983; 10/20/83 letter from the applicant; November 14, 1983 letter to Golden West from Hanson's Auto Repair, 1220 Rollins Road; October 20, 1983 letter from the property owner, Frank Walch; 10/20/83 letter of authorization from the president of Golden West Rent-A-Car; location map of Burlingame Rent-A-Car Agencies (11/22/83); and plans date stamped October 21 and November 9, 1983. CP discussed details of the request; staff review; applicant's comments; Planning staff comments regarding available parking. Three conditions were suggested for consideration at the public hearing. Discussion: possibility of restriping available parking spaces for smaller cars; if the building were brought up to Fire Code requirements some spaces could be provided within the structure. Chm. Graham opened the public hearing. June Koelling, Burlingame Manager and Bob Gotfredson, Vice President and General Manager, were present. Ms. Koelling distributed a letter to the Commission presenting a background profile of the company and letters from a number of their principals in the area. Mr. Gotfredson advised Golden West has been operating in Burlingame for three years, their present location which had limited parking is being torn down, they use no large cars, feel parking outlined in the plan would be adequate, if existing lean-to is taken down it becomes a parking area which could take care of 5-6 cars, would like to keep vehicles close to the office and plan to put up lights for security, if the need arises parking could be provided inside the building with Commission approval and bringing the building to code. Frank Walch, property owner, also spoke in favor: willing to work with the _ city to bring the building up to code when the space is needed, wish to have a safe building with no fire hazard. There were no further audience comments and the public hearing was closed. Discussion: number of spaces which could be provided on site if the lean-to were taken down; off-site spaces available; the business uses 35-45 cars in the summer peak, operates at about 90% in summer and 80% in winter; applicant advised 10 spaces would be adequate, 85% of their business is travel agent business, have phones at each baggage claim area at the airport, 10 transactions a day is maximum, most customers do not drive to the office but are picked up at the airport, only one van is used at this location presently, applicant would be required to amend his use permit if he adds another van; a redwood sign on the building is proposed; contracts would be written on the premises. C. Schwalm moved for approval of this special permit with the following conditions: (1) that the conditions of the Fire Marshal's memo of October 26, 1983, the Chief Building Inspector's memo of October 24, 1983 and the City Engineer's memo of November 3, 1983 be met; (2) that the business is operated within the conditions of the applicant's letter of October 20, 1983, the Rent-A-Car Questionnaire dated Burlingame Planning Commission Minutes Page 4 November 28, 1983 October 21, 1983, and within the following limitations: a total of seven employees, only three full time; provide an airport pickup van; limit rental cars on site to 10 at any one time; maintain 12 parking spaces exterior to the building on site and provide six parking spaces off-site; provide legal parking for all employees and the van on site; and (3) that this use permit shall be reviewed for compliance with all conditions in nine months time. Second C. Cistulli. The Chair expressed concern about granting a special permit with six of the required parking spaces located at an off-site auto repair shop. Motion approved on a 6-1 roll call vote, C. Graham dissenting. Appeal procedures were advised. 5. GENERAL PLAN AMENDMENT TO CHANGE LANDS AT 1508 ADELINE DRIVE AND 1501 EL CAMINO REAL TO SHOPPING AND SERVICE COMMERCIAL USE DESIGNATION FROM MEDIUM HIGH DENSITY RESIDENTIAL USE DEISGNATION 6. REZONE OF LANDS AT 1508 ADELINE DRIVE AND 1501 EL CAMINO REAL FROM R-3 (MULTI -FAMILY RESIDENTIAL) TO C-1 (RETAIL COMMERCIAL) CP Monroe reviewed this request to change the land use designation and rezone the two properties at 1508 Adeline Drive and 150111 Camino Real. Reference staff report dated 11/21/83; November 14, 1983 study meeting minutes; Project Application & CEQA Assessment received 10/19/83; Negative Declaration ND -348P posted October 28, 1983; November 3, 1983 memo from the City Engineer; Planning Commission Study Meeting staff report dated 10/31/83; Attorney Jackson's letter to Monroe dated October 18, 1983; applicants' supplement to Project Application, items 6 and 7; Attorney Jackson's letter to Monroe dated October 20, 1983; D. R. Crispen, Chevron U.S.A. Inc. letter to Jackson dated June 13, 1983; November 14, 1983 study meeting minutes; Jackson letter to Commission dated November 16, 1983; aerial photograph; plans date stamped November 18, 1983; Planning Commission Resolutions Recommending Amendment to the Land Use Element of the Burlingame General Plan and Recommending Adoption of an Ordinance Reclassifying Northwest Corner of Adeline Drive and E1 Camino Real from R-3 to C-1 District. CP discussed environmental assessment of this proposal; consistency with current C-1 requirements including parking; access to the Adeline Market site; location of trash receptacle; history of the site. No conditions were recommended for the General Plan land use map amendment; six conditions were recommended for rezoning of the property from R-3 to C-1. CP advised there were 18 parking spaces in the proposed plan, one space was lost because of trash enclosure requirement and prohibition to backing across a public sidewalk; the only restriction in the negative declaration was that access to E1 Camino Real be regulated. Chm. Graham opened the public hearing. James Jackson, attorney for the applicants, stated his clients' acceptance of the staff report and suggested conditions. His remarks: Standard Oil of California (owner of the Chevron station, 1501 E1 Camino Real), is supportive of this application as long as there is no cost to Chevron; he gave a brief summary of the commercial use of this site as discussed in his November 16, 1983 letter, noting that the applicants learned of the residential zoning of the property only this spring; there are three commercial uses on the site now, the old Adeline Market is no longer and that location could only be used as residential at this time; applicants have no desire to put in a convenience store and any grocery store proposal would have to come before the Commission. Applicants feel the plan presented will upgrade the property, clarify its use and benefit the area. Those speaking in favor: Edward Watson, 1444 Balboa Avenue: grocery store at this location is desirable and a convenience for the neighborhood; would be opposed to Burlingame Planning Commission Minutes Page 5 November 28, 1983 the proposal if a grocery store were excluded, retail shops would not enhance the area; would also be opposed to a 24 hour convenience type store. Alfred Kaufmann, Kaufmann's Cameras, Broadway: in favor; would appreciate consideration of this site for the type of retail camera business he operates. Those in opposition: CP noted phone call in opposition received from Dr. and Mrs. J.A. Sarrail, 1524-26 Albemarle Way. Zita Escobosa, 1516 Adeline Drive presented a petition in opposition signed by 156 residents of the neighborhood; petition stated that as residents, homeowners and taxpayers they strongly oppose this proposal and ask Commission consider the objections of many residents rather than the financial advantage of a few; would like the area to remain residential and request more time to organize opposing statements. Others speaking in opposition: Bettie Daggett, 1149 Cambridge Road; Ida Roybal, 1551 Bernal Avenue; Ines Costa, 1517 Adeline Drive; Maria Birch, 1137 Oxford Road; Margaret Lake, 1148 Oxford Road; John Escobosa, 1516 Adeline Drive; Alex Hanson, 1516 Highway Road; Mike Galligan, 1417 Cortez Avenue; Alan Horn, 1325 Paloma Avenue. Their comments: concern that a 7-11 type convenience store would eventually go in this site; dangerous intersection, would hope traffic light is completed before any change is made in this property, formerly shoppers' cars were parked on the sidewalk; have children attending Lincoln School, concern about loiterers and vagrants should the market reopen; concern about robberies and the element that might be attracted by the market; traffic congestion in the area; need more housing in Burlingame, would be opening up Pandora's box by allowing this one area to go C-1, there are other shopping areas; C-1 use of the site will cause more parking on nearby residential streets; with three-way light going in there will be backup on Adeline going to E1 Camino Real, more traffic congestion; with red zone on my corner, have to wait 15 minutes to pull out of my driveway, there is no room for residents to park now, where will additional cars go; beautiful residential area, with store there can be fires, refrigeration noise disturbs adjacent neighbors; support commercial designation only for a grocery store with reasonable hours; oppose taking away residential areas for commercial use. James Jackson spoke in rebuttal: if the applicants were trying to take vacant land, that would be something else, but the market/shops have been there for a long time; difficult to identify the use which might go in, there is sentiment for a grocery store in that area but applicants are aware of the problems also, and presently are leaning away from grocery store use. Would like to upgrade the property, believe some of the_ problems have been coming from the service station; applicants would not put in a 7-11 type convenience store. There were no further audience comments and the public hearing was closed. Commission discussion: the residential zoning of this property was not noted by the appraiser when settling the estate nor by the tax authorities; loss of nonconforming use relates to those portions of the property which remain vacant over six months; Commission action this evening is a recommendation to the City Council; would like to see that area developed with apartment use. Commission concluded in 1967 at the time of adoption of the General Plan to preserve the nonconforming character of this site, but only as a temporary solution. It was felt the nonconforming aspects of this property would cease to exist and then it could be developed in the manner in which the General Plan contemplated. City did not intend to disturb existing nonconforming uses. In 1972 the city made the decision to grant a variance for the Standard Oil remodeling, they asked for a rezoning but were turned down at that time. Property is not suitable for commercial development, it is far too small, and would have far too great an impact on the neighborhood. Planning objective is to gradually eliminate nonconforming uses, city won't be hurt by retaining the R-3 zoning on this site, the Page 6 Burlingame Planning Commission Minutes November 28, 1983 time has come to use it in conformance with the zoning and not contrary to good planning. Building is about 50 years old, best use for the site would be an apartment complex. Problem exists due to owners' lack of knowledge of the property, this is not the fault of the city; see no need to change the long range planning on this site, especially in light of the housing shortage that exists today. Don't think it makes good planning sense to set a precedent and start changing R-3 zoning to commercial. Think the on - street parking problems and traffic impacts will increase if the rezoning request is turned down; the market will be demolished and a three story apartment house complex constructed; would the adjacent property owners prefer a three story apartment or condominium overlooking their backyards? C. Taylor moved that the proposal for General Plan amendment to change the lands at 1508 Adeline Drive and 1501 El Camino Real from medium high density residential to shopping and service commercial be rejected, and that the Planning Commission send this recommendation forward to the City Council. Second C. Cistulli; motion approved on a 6-1 roll call vote, C. Graham dissenting. C. Taylor then moved that the application to rezone the lands at 1508 Adeline Drive and 1501 E1 Camino Real from R-3 (multi -family residential) to C-1 (retail commercial) be rejected and this recommendation be forwarded to the City Council. Second C. Cistulli; motion approved on a 6-1 roll call vote, C. Graham dissenting. Staff will forward to Council. Recess 9:57 P.M.; reconvene 10:10 P.M. 7. SPECIAL PERMIT TO ALLOW CONSTRUCTION OF A 305 ROOM HOTEL AT 835 AIRPORT BOULEVARD, ZONED C-4, BY GESTEC PROPERTIES FOR IBIS BAYVIEW, LTD. CP Monroe reviewed this application to allow construction of a hotel which exceeds the code standards for height. Reference staff report dated 11/22/83; Project Application & CEQA Assessment received 10/19/83; Planner's review of 11/1/83 plans against the Design Guidelines for Bayfront Development; Planning Commission study meeting staff report (Environmental Review of Ibis Project) (11/14/83); City Council Resolution No. 53-83 Certifying EIR-59P with attached Exhibit A; staff review: Chief Building Inspector (10/27/83), Fire Marshal (10/24/83), City Engineer (11/22/83), Director of Parks (11/14/83); Callander Associates letter to David Jacobson Associates dated November 10, 1983; applicant's statement in support of the special permit for height _ received 10/19/83; Monroe staff report to City Council (11/21/83 meeting) re land swap for the Ibis Hotel at 835 Airport Boulevard with attached aerial photo; November 14, 1983 study meeting minutes; Planner's comparison of hotel room sizes dated 10/31/83; aerial photograph of the site; and plans date stamped November 8, 1983. CP discussed details of the application; code requirements; exchange of land; traffic allocation; environmental review of the project; staff review; applicant's reasons for the requested height; questions raised at the study session. Twenty-four conditions were suggested for consideration at the public hearing. CP read letter in opposition to the height of the project received today from Arthur Hansen, Vice President, Days Inns of America, and confirmed lot coverage and FAR calculations. Chm. Graham opened the public hearing. Dale Turner, David Jacobson Associates, Architects, discussed feasibility studies received prior to design, their -attempts to keep a low profile and meet most of the Bayfront Design Guidelines and C-4 District regulations, grade of the sanitary landfill and proposed Anza Boulevard extension in relation to the Ibis site, and stressed the importance of the proposed height for exposure to the freeway. There were no further audience comments and the public hearing was closed. Pa ge 7 Burlingame Planning Commission Minutes November 28, 1983 Commission discussion: applicant's choice of surface parking: it was felt the maintenance and upkeep of underground parking would be a problem as well as subject to flooding and that surface parking would be more secure and could be broken up with planting; grade of the site and height of the proposed hotel compared with adjacent sites; possibility of turning the building to allow a view corridor from the freeway to the bay was discarded because of the configuration of the site; width of the structure in the present design is a "block" from the freeway; applicant confirmed he was aware of the 24 suggested conditions; applicant needs the city land involved in the land swap to provide adequate landscaping and parking, could have a problem with setbacks were the exchange of land not made. C. Giomi found that taking into consideration the exchange of land and proposed improved roadway as well as cutting down on the visual aspect of the height with the stepped effect of the structure, and meeting or exceeding the other design guidelines, this project could be considered a fair trade-off for the height. C. Giomi then moved for approval of this special permit with the following conditions: 1. that the conditions of the Chief Building Inspector's memo of October 27, 1983, the Fire Marshal's memo of October 24, 1983, the City Engineer's memo of November 22, 1983 and the Director of Parks' memo of November 14, 1983 be met; 2. that the site landscaping and irrigation as approved by the Parks Department in the final plans be installed prior to occupancy of the project and continually maintained; 3. that the project be developed consistent with the plans submitted and date stamped November 8, 1983; 4. that no room in the hotel shall be leased to a single person for more than 29 days and the rooms and buildings shall not be used for permanent residential purposes; 5. that the project receive all necessary permits required by regulatory agencies having jurisdiction over this site; 6. that the developer provide on-site parking for all construction workers during building; 7. that the property owner participate in an assessment district to be formed later to provide an east -west transit connection to Southern Pacific, SamTrans, Greyhound and other intercity transit opportunities for employees in the area; 8. that on-site pretreatment be provided for all wastewater from areas where food is prepared, project occupancy shall be conditioned on completion of the sewer treatment plant improvements; 9. that the project be developed on the following time frame commencing from the date of final city planning approval of the project: 0 final city planning approval 1 submit foundation plans 2 pick up foundation permit, submit final plans 4 pick up building permit 8 final framing 16 occupancy Burlingame Planning Commission Minutes 10. provide on-site security services; Page 8 November 28, 1983 11. determine capacity of the affected water mains and provide any improvements required to meet the requirements of the city; install fire hydrants as required by the city; 12. redesign access at Airport Boulevard at north corner of site for realignment of Airport Boulevard; participate in installing traffic signal at intersection of Anza and Airport Boulevards as cumulative traffic increases; 13. give preference in hiring qualified permanent employees to Burlingame residents; 14. build structure on driven piles, minimize settlement on remainder of site by recompaction or surcharge, remove material in fill on site which can decompose; develop ground response spectra and incorporate findings into high-rise structure design, use on-site borings; 15. if necessary sump pump storm water into storm drains in adjacent public streets; 16. during construction take specific measures to protect Sanchez Creek Lagoon and San Francisco Bay from site preparation and grading impacts; prepare and grade during dry season, provide sediment traps near sump pump; keep heavy equipment away from the edge of the lagoon; monitor water in sump to assure toxic contaminants and heavy metal ions are within permissible levels. If contaminants exceed permissible levels provide on-site treatment before discharge into storm sewer or disposal in suitable off-site locations; 17. place oil separating traps at all drains and driveways/parking areas or at central collection point ahead of drainage pumps; slope streets and parking away from lagoon edge so that runoff will pass through the oil separating traps prior to discharge; 18. fill the site to elevation 1' MSL to prevent ground seepage under the structure if contaminants are found to be present; intercept surface drainage from adjacent solid waste disposal area in lined ditch along western edge of site, carry to safe disposal area; 19. use sulphate resistant concrete for any structures that would be in contact with soil or ground waters; put underground utilities in nonferrous pipes or encase or coat steel pipes; 20. landscape materials should be salt tolerant requiring a minimum of fertilizer and pest control, sub -drains will be necessary to prevent root rot; 21. vent areas under structures to prevent collection of methane gas, protect underground utilities with cutoff collars, vents, impervious backfill material to prevent gas migration through these facilities; under structure ventilation should be twice that normally provided, ventilation to outside for furnace areas, hot water heaters, motors or equipment with pilot lights or electrical rays should also be twice required by the Building Code; 22. contribute to providing a new water main under U.S. 101; 23. contribute a sewer service fee and provide on-site pretreatment for liquid waste from any area in which food is prepared; and Burlingame Planning Commission Minutes Page 9 November 28, 1983 24. provide pile drivers with shields and limit hours of pile driving to city standards; build and vegetate landscape berms to impede noise flow onto site; insulate to reduce interior noise levels to 45 dBA; surround construction site with solid fence. Second C. Garcia; motion approved unanimously on roll call vote. Appeal procedures were advised. 8. REVOCATION HEARING ON 11/27/78 SPECIAL USE PERMIT GRANTED PENINSULA SPORTS CENTER, 1239 ROLLINS ROAD CP Monroe reviewed this item. Reference staff report dated 11/21/83; November 14, 1983 Planning Commission minutes; November 14, 1983 memo from the Fire Marshal; communications received from the applicant, Ann Mori, after preparation of the 11/14/83 staff report; and 11/14/83 staff report with attachments. CP noted discussion at the November 14 meeting, Commission determination to initiate revocation proceedings and current status of applicant's compliance with conditions of her use permit. Grounds for revocation of a use permit were listed in the staff report and CP pointed out Commission options: continue the permit with amendments; suspend the permit for a given period of time; or revoke the permit. Chm. Graham opened the public hearing. Ann Mori, applicant, addressed Commission: parking spaces do not come with the building; the four spaces rented for the last four years were under water a great deal of the time and were not used; arrival and departure of clients is mainly drop-off and pick-up; have had no complaints from the neighbors; there is available parking on North Carolan, 1/2 block away; the four spaces behind the building have been rented to someone else and are not available to the applicant at the present time; have met all Fire Department requirements; owner of the warehouse building at 1239 Rollins Road has advised there is an access easement to the rear of his building across Mr. Crisafi's land; have been teaching in Burlingame since 1964, have spent a lot of time working with the youth of the city and would like to continue to serve them; do not feel there is a need for the four spaces. There were no audience comments and the hearing was closed. Commission discussion: there are no spaces available with the building at 1239 Rollins Road and there were none in 1978; applicant rented four spaces on Whitethorn Way from Mr. Crisafi but these are no longer available to her. C. Giomi found there is no detriment to the public health, safety or welfare in view of compliance with the Fire Department requirements; the issue is the four required parking spaces; Fire Marshal has made numerous trips to the site and did not find a parking problem in the area. From testimony of staff and Fire Marshal, she found these four spaces were not necessary for the operation of Peninsula Sports Center, but requested periodic inspections to ensure Fire Code regulations were maintained in an acceptable manner. C. Taylor addressed grounds for revocation: (1) that it was certain from the testimony the special permit granted in 1978 was not obtained by fraud or misrepresentation; (2) that the use for which approval was granted is indeed being exercised; (3) that the use for which approval was granted has not ceased to exist; (4) that the use permit has been exercised contrary to the terms and conditions of such approval - applicant has failed to provide four parking spaces; and (5) that the use for which -the approval was granted was so exercised as to be detrimental to the public health, safety or welfare - applicant's testimony is adequate to overcome any possibility that this is true. Burlingame Planning Commission Minutes Page 10 November 28, 1983 C. Taylor then moved that the present special permit granted to Peninsula Sports Center be amended to exclude the requirement of maintaining four parking spaces, and that the permit be reviewed within one year. Second C. Giomi. A six month review period was suggested. C. Taylor amended his motion to read "reviewed in six months", C. Giomi amended her second. Motion approved on a 7-0 roll call vote. Appeal procedures were advised. ITEMS FOR STUDY 9. CONDOMINIUM PERMIT FOR A 15 UNIT CONDOMINIUM PROJECT AT 30 LORTON AVENUE Request: at what stage is development at present? Item set for hearing December 12, 1983. 10. CONDOMINIUM PERMIT FOR AN 11 UNIT CONDOMINIUM PROJECT AT 1233 BELLEVUE AVENUE 11. SPECIAL PERMIT TO EXCEED 35' IN HEIGHT - CONDOMINIUM PROJECT - 1233 BELLEVUE AVENUE Request: letter from the developer giving reason for the height. Items set for hearing December 12, 1983. 12. SPECIAL PERMIT TO ALLOW SALES DEMONSTRATIONS AND CLASSES IN THE M-1 DISTRICT, INSURANCE SYSTEM INC., 875 MAHLER ROAD Request: clarification of intensity of use on the site. Correction of Carol Scaparro's name was noted. Item set for hearing December 12, 1983. 13. SPECIAL PERMIT TO ALLOW A COURIER SERVICE IN THE M-1 DISTRICT, AIR COURIER, 2-4 ADRIAN COURT Continued to January 9, 1983 for study at applicant's request. 14. SPECIAL PERMIT TO ALLOW A COURIER SERVICE IN THE M-1 DISTRICT, TNT SKYPAK INC., 850 MAHLER ROAD Request: letter from the property owner designating parking spaces for this business. Item set for hearing December 12, 1983. 15. TWO SPECIAL PERMITS TO ALLOW A 114 ROOM ADDITION TO THE EXISTING HOTEL FACILITIES AT 1250 BAYSHORE HIGHWAY; RAMADA INNS, INC. Requests: percentage of landscaping provided with and without a parking variance; site survey sheet with existing and new proposal. Item set for hearing December 12, 1983. CITY PLANNER REPORT CP Monroe reviewed Council actions at its November 21, 1983 meeting. REVIEW - D&M TOWING, 1250 ROLLINS ROAD CP advised the required 10' fence is now in place. Staff recommended review of this use permit in two years. C. Taylor moved that the use permit for D&M Towing, 1250 Rollins Road be reviewed for conformance with the conditions in two years (November, 1985). Second C. Garcia; all aye voice vote. Page 11 Burlingame Planning Commission Minutes November 28, 1983 ACKNOWLEDGMENTS - Letter from Lynae Folks, The Personal Touch, November 23, 1983. Commission asked staff to put this sign exception application on the December 12, 1983 agenda for study, public hearing will be held in January, 1984. - November 25, 1983 letter from Steve Traylor, President, Burlingame Chamber of Commerce, re signage on awnings and canopies. Commission requested discussion of awning and canopy signage be put on the agenda for January 23, 1984. An 101 IDIdMCRIT The meeting adjourned at 11:40 P.M. Respectfully submitted, Nannette M. Giomi Secretary