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HomeMy WebLinkAboutMin - PC - 1984.03.12!A CITY OF BURLINGAME PLANNING COMMISSION MARCH 12, 1984 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman Graham on Monday, March 12, 1984 at 7:32 P.M. ROLL CALL Present: Commissioners Cistulli, Giomi, Graham, Leahy, Schwalm, Taylor Absent: Commissioner Garcia (excused) Staff Present: City Planner Margaret Monroe; City Attorney Jerome F. Coleman; City Engineer Frank C. Erbacher MINUTES - The minutes of the February 27, 1984 meeting were unanimously approved and adopted. AGENDA - Items #1 and #2 continued to March 26, 1984 at the request of the applicant. Audience members were informed. Agenda then approved unanimously. ITEMS FOR ACTION 1. VARIANCE TO THE MINIMUM LOT SIZE REQUIREMENT TO CREATE A NEW LOT AT 1133 PALM DRIVE, BY ERICH BREMER 2. TENTATIVE AND FINAL SUBDIVISION MAP FOR THE ABOVE Items continued to March 26, 1984 at the request of the applicant. 3. REZONE OF A 3.4 ACRE PARCEL AT 3155 FRONTERA WAY FROM R-1 TO R-3 IN ORDER TO BRING THE ZONING MAP INTO CONFORMANCE WITH THE GENERAL PLAN, BY DOUGLAS PRINGLE FOR SIMBA GROUP 4. SPECIAL PERMIT TO ALLOW A ONE BEDROOM APARTMENT AT THE FOURTH FLOOR LEVEL OF A STRUCTURE AT 3155 FRONTERA WAY WHICH WILL EXCEED THE 35' HEIGHT REVIEW LINE, BY D. PRINGLE FOR SIMBA GROUP CP Monroe reviewed this request for rezoning and special permit in order to add a one bedroom penthouse unit. Reference staff report dated 3/6/84; Project Application & CEQA Assessment received 1/30/84; Negative Declaration ND -352P posted March 2, 1984; letter from the applicant, January 30, 1984; staff review: City Engineer (2/23/84) and Fire Marshal (2/7/84); project/site history material: Commission minutes, July 23, 1962; Variance application (approved on appeal 7/20/64); Council minutes, July 20, 1964; Council staff report, July 1, 1964; Planner memo to Council, March 3, 1965; photographs, 11/28/66; Council minutes, 12/19/66; Council minutes, January 16, 1967; Council minutes, February 6, 1967; Commission study meeting minutes, February 27, 1984; applicant's letter, March 1, 1984; aerial photograph; plans date stamped February 3, 1984; and Planning Commission resolutions recommending action to Council. CP discussed details of this request, code requirements, staff review, applicant's letter, project and site history, Planning staff comments, study meeting requests. Three conditions were suggested for consideration and action on the use permit. Burlingame Planning Commission Minutes Page 2 March 12, 1984 Commission suggested a condition #4: that the use permit be subject to the R-3 zoning being approved and add to condition #1 "and the Fire Marshal's memorandum of February 7, 1984." CP advised this parcel is large enough to stand on its own and rezoning of it would not be considered 'spot zoning'. Chm. Graham opened the public hearing. Responding to the Chair, CP advised that state law says cities should strive for consistency between zoning and the General Plan. Douglas Pringle, applicant, stated he was granted 117 units originally, that one 3 -bedroom apartment had been converted to a social room, leaving only 116 units presently; this request would again make the total units 117; he would like to have this new one bedroom apartment for his own personal use; parking requirements would be met; there are no parking or police problems; if granted, will meet the require- ments of the Fire Department or the new unit will not be built. There were no audience comments in favor. Those speaking in opposition: Raymond Mauss, 1837 Hunt Drive and Ruth Agnello, 1807 Hunt Drive (reference letters received March 12, 1984). Their comments: proposed apartment is in the same area at the fourth floor level that the city previously denied; concern about increased traffic and noise levels; landscaping has not been maintained and all the promised trees have never been planted. Mr. Mauss presented photographs taken in 1966 and 1967 to indicate impact of the Skyline Terrace Apartments on property owners below. In rebuttal, applicant advised almost 50 trees were planted; Trousdale was landscaped with sprinklers; have had no complaints from neighbors for 12 years; many of the neighbors who complained in past years now reside at Skyline Terrace; denial of the penthouse apartment will not affect Skyline Terrace apartments, they will still be there. There were no further audience comments and the hearing was closed. Commission discussion: total number of units that could be put on this parcel; with R-3 zoning must come to Planning Commission for anything over 35'. Applicant advised he had acquired an additional acre since purchasing the 3.4 acre site, might in future ask for additional units but not making that request now; when asking for the penthouse/ recreation room previously he had been competing with the facilities in other large residential developments in the area, they now have a long waiting list and the 3 -bedroom apartment converted to a social room is adequate; are now left with the shell on the fourth floor level and would like to make use of it; feel the requested one bedroom apartment is completely unrelated to the request for the recreation room. Further Commission/staff comment: need to have definite commitment regarding sprinkling to Fire Department standards; with the penthouse, height would be 36'-7" measured from top of curb. There are other sites in the city where zoning is not consistent with the General Plan map, staff hopes to pursue the consistency issue for the entire General Plan at some future date; rezoning item is before Commission this evening because of the request for an additional unit; rezoning request is for all the property in the applicant's ownership which includes the ± 1 acre purchased since the project was developed; use variances are no longer legal, if this property is not rezoned, applicant cannot expand the existing structure; support denial of the rezoning until applicant is ready to come before Commission with proposal for the additional land; reluctant to grant the rezoning, does the city want more housing than already exists on those parcels; would be poor planning to rezone one portion of the applicant's property and not the other; the request is to rezone all the parcels to achieve consistency with the General Plan; have no objection to the rezoning proposal, appears to be a part of the city's long range objectives for consistency; feel Commission was right in its decision 18 years ago, not in favor of changing the zoning; support rezoning the developed parcel, but not the additional parcel; under any circumstance city should have a firm understanding about the existing building being sprinklered. Page 3 Burlingame Planning Commission Minutes March 12, 1984 C. Giomi moved for adoption of Planning Commission Resolution No. 1-84 recommending to the City Council denial of the request for reclassification of all properties owned by Douglas Pringle, Simba Group, at 3155 Frontera Way. Second C. Cistulli; motion approved on a 5-1 roll call vote, C. Taylor dissenting, C. Garcia absent. Special permit (Item #4) denied as a matter of law. CP confirmed with Commission that they would like staff to pursue changing the General Plan map for these parcels to conform with the existing zoning. 5. SIGN EXCEPTION TO ALLOW SIGNS WHICH EXCEED SIGN CODE LIMITATIONS AT 321 PRIMROSE ROAD, WHAT'S FOR DESSERT?, BY ROBERT SUTTER CP Monroe reviewed this request for signage which exceeds limitations of the code. Reference staff report dated 3/6/84; Sign Permit application filed 1/16/84; Sign Exception application filed 1/16/84; sign drawing received January 16, 1984; staff review: Fire Marshal (2/6/84) and City Engineer (2/6/84); aerial photograph; Towber letter to applicant, August 5, 1983, with notations; City Attorney's Warning Notice, 1/4/84; study meeting minutes. CP discussed details of the request, code requirements, staff review, Planning staff comments, and noted an inspection this evening disclosed two more placard signs in the window, making a total of seven signs on site. One condition was suggested for consideration at the public hearing. Chm. Graham opened the public hearing. Robert Sutter, applicant, discussed signage on the site, his communications with city staff, concern about the expense of repainting the entire canopy, could remove the two signs on the side of the canopy. There were no audience comments and the public hearing was closed. Commission discussion: stove on the window is considered a sign; concern that applicant had received a copy of the Sign Code but subsequently put up more signs in excess of the code minimum; sign painter was referred by the awning company and both should have known requirements of the code; there are several signs on this street in violation of the code; think the canopy signage is attractive and in keeping with Commission's proposed amendment of the Sign Code, do not find the number of signs objectionable; could have been designed to come well within the contemplated code, have no objection to this proposal. C. Giomi moved for denial of this sign exception, based on the fact that Commission is considering the application under current code and can find no special circumstances to support approval. Second C. Leahy. Comment on the motion: possibility of denying without prejudice to allow for reapplication; feel if this were denied Commission is being inconsistent and not taking into account signage privileges allowed other businesses on the street and in the city, this is attractive signage; why punish the small businessman, Commission has granted exceptions larger than this. Motion to deny was defeated on a 4-2 roll call vote, Cers Cistulli, Schwalm, Taylor and Graham dissenting, C. Garcia absent. C. Schwalm moved to grant the sign exception for the five signs requested. He found it was attractive signage and not inconsistent with privileges enjoyed by other businesses on the street or in the city. Second C. Cistulli. C. Schwalm then moved to amend his motion and to approve the sign exception for three canopy signs, incorporating his previous findings. Amended motion seconded by C. Cistulli; motion approved on a 4-2 roll call vote, Cers Giomi and Leahy dissenting, C. Garcia absent. C. Schwalm moved to reconsider the previous motion. Second C. Cistulli; motion to reconsider approved on a 5-1 roll call vote, C. Graham dissenting, C. Garcia absent. Vote on the previous motion to approve the three canopy signs was defeated 6-0 on roll call vote, C. Garcia absent. Page 4 Burlingame Planning Commission Minutes March 12, 1984 C. Taylor then moved to approve the sign exception with signage to be no more than 50 SF and limited to three signs on the premises. C. Taylor incorporated C. Schwalm's findings and found that granting this exception would not constitute a grant of special privilege inconsistent with other properties in the area, that this business is on a street with an abundance of signs which limit visibility of these premises without adequate signage, and that the strict application of zoning regulations would deprive the applicant of privileges enjoyed by other properties in the vicinity and under identical zoning classification. Second C. Schwalm; motion approved 5-1 on roll call vote, C. Giomi dissenting, C. Garcia absent. Appeal procedures were advised. 6. DRAFT ORDINANCE REVISION TO THE SIGN CODE FOR SIGNAGE ON AWNINGS AND CANOPIES Reference City Planner's staff memo with attached draft ordinance. CP noted Commission's discussion at the 2/27/84 meeting and consensus reached at that time. The draft ordinance responds to Commission direction at that meeting. If complete, Commission should recommend action on the ordinance to Council. Commission/staff discussion: how signs on canopies/awnings would be counted, criteria for determining what is a separate sign; height of lettering; 12' height limit from grade with penalty for elevated signage; 50 SF minimum allowed on the primary frontage would be self-limiting. C. Taylor moved that the draft ordinance revision be recommended to City Council for adoption in its present form, incorporating as a part of the motion considerations 1, 2 and 3 identified as criteria in the 3/12/84 staff report. Second C. Leahy. Discussion on the motion: CA's request that criteria #2 be included in the ordinance revision; CP explained CA's concern that the exact definition of a sign on an awning/ canopy was not included in the code, this would present a problem in any court defense. On roll call vote C. Taylor's motion was approved 4-2, Cers Giomi and Schwalm dissenting, C. Garcia absent. C. Giomi then moved to incorporate in the draft ordinance the criterion "with each side of an awning or canopy counting as a sign unless the signage were continuous around the awning or canopy"; approved unanimously on voice vote. Staff will draft an ordinance revision for Commission review at its next meeting. Recess 9:50 P.M.; reconvene 9:55 P.M. ITEMS FOR STUDY 7. TWO VARIANCES TO DIVIDE AN EXISTING 2 -BEDROOM UNIT INTO TWO 1 -BEDROOM UNITS AT 1466 BELLEVUE AVENUE Set for hearing March 26, 1984. 8. VARIANCE TO ALLOW A 98 SF CANOPY ADDITION AT 1457 BELLEVUE AVENUE Request: demarcation of fencing around the pool, safety concerns. Set for hearing March 26, 1984. 9. CONDOMINIUM PERMIT - SIX 1 -BEDROOM UNITS - 1114 PALOMA AVENUE 10. TENTATIVE SUBDIVISION MAP FOR THE ABOVE Requests: driveway shows 20% grade, clarify fire exiting from the garage; guest parking and placement of security gate; history of previous proposal. Items set for hearing March 26, 1984. Page 5 Burlingame Planning Commission Minutes March 12, 1984 11. SPECIAL PERMIT TO OPERATE A TRUCK RENTAL OPERATION AT 1299 BAYSHORE HIGHWAY CP advised plans were inadequate and detailed items needed. Staff will send letter requesting this information by March 15. Item set for hearing March 26, 1984. CITY PLANNER REPORTS - CP Monroe reviewed Council actions at its March 5, 1984 regular meeting and March 7, 1984 study meeting. SECOND UNIT ORDINANCE Reference staff report, 3/12/84 with attached draft ordinance. CP reviewed state legislation regarding second units in single family residential districts, Council and Commission discussion in 1983 and Council's direction to the CA to prepare a draft ordinance precluding second units. Factors which could support such an ordinance were discussed in the staff report for this item: on -street parking already a problem, more units will compound this situation; lot sizes or topography often would not allow for additional land use within the city's standards; storm water and sewer systems in residential areas are currently used to their limits; the city currently provides a high share of rental and elderly housing. Staff recommended Commission set this item for public hearing, discuss the background information and, following the hearing, make a recommendation for action to the Council. Discussion: findings in the staff report have been well documented by staff; all R-1 lots have been counted and the streets measured; the city has not received an application for a second unit up to the present time; a survey indicated that of the second unit ordinances in effect most are limiting, and some very limited. Item set for public hearing March 26, 1984. DRAFT ORDINANCE PROHIBITING BANKS AND OTHER FINANCIAL INSTITUTIONS ON BROADWAY, OGDEN DRIVE AND MARCO POLO WAY AND LIMITING OFFICES ON BROADWAY Set for public hearing March 26, 1984. PLANNING COMMISSIONERS INSTITUTE, SAN DIEGO, FEBRUARY 29 - MARCH 2, 1984 CP and Commissioners Graham, Schwalm and Cistulli reported on their attendance at the Institute. Some sessions found of interest were: second units, housing element review, Brown Act, code enforcement, community and press relations, general plan/ zoning/subdivision law, historic preservation. Commissioners who attended and CP shared items they felt were of interest from the sessions they each attended. An.inl1RNMFNT The meeting adjourned at 11:05 P.M. Respectfully submitted, Nannette M. Giomi Secretary