HomeMy WebLinkAboutMin - PC - 1985.12.09CITY OF BURLINGAME PLANNING COMMISSION
DECEMBER 9, 1985
CALL TO ORDER
A regular meeting of the Planning Commission, City of Burlingame was
called to order by Chairman Garcia on Monday, December 9, 1985 at
7:30 P.M.
ROLL CALL
Present: Commissioners Garcia, Giomi, Graham, Jacobs,
Leahy, Schwalm, Taylor
Absent: None
Staff Present: Margaret Monroe, City Planner; Jerome F. Coleman,
City Attorney; Frank C. Erbacher, City Engineer
MINUTES - The minutes of the November 25, 1985 meeting were
unanimously approved with the following correction:
page 6, first paragraph, last line should read
"institutional" advertising.
AGENDA - Order of the agenda approved with the addition of study
item #9, Condominium Permit and Variance, 113 Anita Road.
ITEMS FOR ACTION
1. FINAL ENVIRONMENTAL IMPACT REPORT ON THE WINDMARK HOTEL
DEVELOPMENT, 620 AIRPORT BOULEVARD (FEIR-64P)
Reference staff report, 12/9/85, with attachments. CP Monroe referred
to the public hearing held on the Draft EIR. The final document
addresses Commission questions at the public hearing and written
responses received when the DEIR was circulated. If Commission finds
the Final EIR and staff prepared findings to be adequate the FEIR
should be recommended to Council for certification.
Responding to Commissioner question, CP stated her belief all comments
and responses had been adequately addressed in the final document.
Commission comment: concern about traffic, new northbound off -ramp will
relieve the situation but southbound traffic is heavy now; staff
commented Broadway is most critical only at the P.M. peak hour,
mitigation would be that the hotel encourage using the Broadway
interchange instead of going south to San Mateo; regarding Bay Area Air
Quality Management District letter and Response in the FEIR, correct
east/west reference from the Burlingame landfill.
C. Jacobs moved for adoption of Commission resolution recommending
EIR-64P to the City Council for certification. Second C. Schwalm;
motion approved on unanimous voice vote.
Pag e 2
Burlingame Planning Commission Minutes December 9, 1985
2. SPECIAL PERMIT FOR A 95 SF SATELLITE ANTENNA DISH MOUNTED
MORE THAN 5' OFF THE GROUND AT 1215 VANCOUVER AVENUE
C. Jacobs abstained from participation in this item. Reference staff
report; 12/9/85, with attachments. CP Monroe reviewed details of the
request, this unusual flag lot, staff review, applicants' letter, study
meeting questions. This is a code enforcement item. Two conditions
were suggested for consideration at the public hearing.
Discussion: size of the dish in comparison to another installation
approved by Commission; staff confirmed no comments had been received
by staff from the residents of 1219 or 1221 Vancouver. 'The applicant,
Daniel Rosenbledt, was present.
Chm. Garcia opened the public hearing. There were no comments in
favor. The following spoke in opposition. Peggy Kane, 2112 Broadway:
she was concerned about the location of the dish for aesthetic reasons
and the impact on property values; the view from her kitchen window
into the backyard is now obstructed by the dish; she distributed
photographs illustrating her remarks. In attempting to resolve the
issue the applicants and their contractor visited the Kane site; the
contractor suggested an alternative of lowering the dish 41; Mrs. Kane
suggested moving the dish back and down where it would be somewhat
hidden by a tree; the tree has been trimmed, a play house has been put
up in the area where the dish might have been placed. She presented a
letter in opposition from Pauline and Kenneth Irons, 2108 Broadway
which was read into the record. Their concerns: aesthetics, visibility
of the dish from their garden, adverse impact on property values in the
neighborhood, the lack of concern for their neighbors the applicants
have shown.
James Walsh, 2116 Broadway agreed with the previously expressed
concerns, the dish is visible from the back of his patio, he was
concerned about proliferation of unsightly satellite dishes in a city
which takes pride in its trees and landscaping. There were no further
audience comments and the public hearing was closed.
Commission comment: antenna is not visible from the street but after
listening to testimony this evening have a concern about its impact on
the neighbors; a site inspection indicated there were several locations
where the dish could be installed without impacting the neighbors
although these would be visible to the applicants, the proposed
location cannot be seen from the applicants' house, this is an
application after the fact on an installation which has not been
sensitive to the neighborhood. Applicant's contractor advised there is
no alternative location which could clear the eucalyptus trees across
the street.
Further comment/discussion: why was permit not taken out prior to
installation, many cities now have satellite dish antenna ordinances
and contractor should have been aware of this; at present the pole and
dish are installed but not hooked up and has never been operated.
Page 3
Burlingame Planning Commission Minutes December 9, 1985
Applicant stated the antenna is not hooked up because he wanted prior
city approval. He distributed photographs of the site and copies of
his letters written in 1983 and 1984 to Mrs. Crosby, 1200 Jackling,
Hillsborough with regard to trimming the eucalyptus trees on her
property; he has been unsuccessful in having the trees trimmed and the
dish must face in that direction; applicant has upgraded his property
and improved the grounds; there is a rooftop dish very close to his
site which can be seen from his house; several neighbors have storage
sheds and shacks which are visible to him.
Mr. Rosenbledt noted a letter in support received by the Planning
Department November 26, 1985 from Victor Bogan, 1201 Vancouver Avenue.
He presented a petition in favor signed by the following: Dan Ping,
1219 Vancouver Avenue; N. J. Demas, 1225 Vancouver Avenue and Faye
Thompson, 1237 Vancouver Avenue. Commission comment: reason for the
ordinance was to keep antennas from being an eyesore to neighbors and
to impact only the property owner himself, it is difficult to vote for
approval when neighbors can see the dish; have heard no convincing
evidence to support granting this application.
C. Taylor moved for denial of this special permit with the statement
that the city's dish antenna ordinance was adopted to enhance the
community as a whole rather than a single property owner, the impact of
this proposal would be severe, in the light of community need this
application should be subordinated to the neighborhood interest.
Second C. Graham; motion approved on a 6-0-1 roll call vote, C. Jacobs
abstaining. Appeal procedures were advised.
3. SPECIAL PERMIT TO INSTALL A SATELLITE DISH ANTENNA
AT 1723 TOLEDO AVENUE
Reference staff report, 12/9/85, with attachments. CP Monroe reviewed
details of the request, staff review, applicant's letter, study meeting
questions. Four conditions were suggested for consideration at the
public hearing. Letter in opposition from William B. and Frances M.
Clarkson, 2700 Trousdale Drive (December 9, 1985) was noted.
Commission/staff discussion: because of the angle of view and
orientation of the house the dish at its proposed height and location
will not be visible from Toledo Avenue or from homes above because of
the slope of the hill and heavy vegetation; it is possible the upper
edge of the dish will be visible from houses on Trousdale across the
street. One Commissioner commented the same vegetation/foliage might
not be there several years from now.
Steve Navarro, Home Satellite Systems (applicant) stated this is the
only location on the site to get complete reception without bothering
the other neighbors, if it were lowered 2-1/2' to 3' they would lose
reception, in the worst case the dish would be visible to two homes on
Trousdale no more than 20%; the top of the dish would be lower than the
top of the metal rod of the chimney; property owner chose a 7' dish
although he would lose some signal in order to be less obtrusive to
the neighbors.
Page 4
Burlingame Planning Commission Minutes December 9, 1985
Chm. Garcia opened the public hearing. Frank Grant, property owner,
spoke in favor: they tried their utmost to keep the dish as low as
possible and not above the roof line, it might be visible from two
homes across the street on Trousdale, Mrs. Miller at 2705 Trousdale
will see it; his main interest in this installation is for watching
NASA programs which are not available elsewhere. There were no further
audience comments and the public hearing was closed.
C. Giomi moved for approval of this special permit and for adoption of
Commission Resolution Approving Special Permits with the following
conditions: (1) that the conditions of the Chief Building Inspector's
memo of November 5, 1985 shall be met; (2) that the present standard TV
antenna now on the roof shall be removed; (3) that the dish as
installed shall be painted black with a nonreflective finish and that
the color and nonreflective quality shall be maintained so long as the
antenna stays on this property; and (4) that any change in location,
height or angle of the dish antenna shall require amendment to this
special permit. Second C. Graham.
Comment on the motion:Ithis has been a thorough review with an
opportunity to examine all impacts, commend the property owner on his
sensitivity to the neighbors, the installation will not be obtrusive
and visible to only one neighbor in back who has signed a permission
form. Motion approved on a 6-1 roll call vote, C. Jacobs dissenting.
Appeal procedures were advised.
4. TWO SPECIAL PERMITS TO ALLOW AN ACCESSORY STRUCTURE TO BE USED
AS A POOL HOUSE AT 824 FAIRFIELD ROAD
Reference staff report, 12/9/85, with attachments. CP Monroe reviewed
this request to allow an accessory structure to be used as a pool house
and to allow a bathroom in this structure. She discussed details of
the request, staff review, applicant's letter, study meeting questions,
Planning staff comment. Three conditions were suggested for
consideration at the public hearing.
CP confirmed the carport constructed with a building permit is
permissible. Commission concerns: size of the proposed pool house
(almost 700 SF); would applicant consider a lanai; window in the pool
house which faces 820 Fairfield's yard. Staff advised fire wall
requirement will be decided at the time of building permit; if
application is approved sewer problem will be evaluated and corrected.
Patricia Fonde, applicant, addressed Commission: with respect to not
complying with demolition of the kitchen and existing bathroom within
30 days as required by the Building Department, the delay was caused by
unavailability of her contractor; she did not understand demolition and
plans for the new bathroom were to be simultaneous actions; in her
discussions with the Building Department she was aware of the
violations regarding the pool permit which needed correction, she was
not aware closing escrow was an issue. She stated the entire backyard
where the pool is located is fenced; her understanding of the
(*)Applicants for satellite dish antenna special permits should be encouraged to provide
a more detailed description and drawings of the dish including site plans and
elevations so that staff is not required to compile this information.
Burlingame Planning Commission Minutes
Page 5
December 9, 1985
violations is what appears in the letters with the Building Department;
she had no discussions with anyone at City Hall regarding penalty fees
before she bought the property and felt she had acted in good faith.
Chm. Garcia opened the public hearing. There were no audience comments
and the public hearing was closed.
Discussion/determinations: applicant's letter of September 4, 1985
confirms she will comply with items a through e of the Building
Inspector's August 28, 1985 letter; applicant questioned why a new
owner should be required to pay a former owner's penalty fees; there is
no one living in the pool house now; regarding size of 'the structure,
she is merely trying to use what is there; when the house was up for
sale listing realtors were kept informed by the city of the state of
this property.
Further comment: more concerned about on-site parking spaces provided
than the request to allow the applicant to keep what is already on
site; this is a three bedroom house with carport but that is not the
issue, the issue of this application is a request to convert an
accessory structure to a pool house and allow a toilet in that
structure; proposal will upgrade the accessory structure but am
concerned about approving a pool house with bathroom, difficult to
enforce this use in the long term, city won't have control over use as
a dwelling unit; think the city must consider this applicant to be in
good faith, we can't say no just because the accessory structure might
be converted to another unit in the future; if a citizen is asking for
a special permit to go beyond what is permitted in the code, he has
some responsibility to provide on-site parking to present code; this is
a large structure for a pool house, if a portion of it were reconverted
to provide another parking space it would be better for the city and
more difficult to convert to a living unit.
With the statement that this applicant is willing to make the
improvements required by the city, it will be a considerable investment
and she is attempting to make the best of a situation she did not
create, C. Schwalm moved for approval of the two special permits and
for adoption of Commission Resolution Approving Special Permits with
the following conditions: (1) that the conditions of the Chief Building
Inspector's memo of November 18, 1985 and Building Inspector's letter
of August 28, 1985, and the City Engineer's memo of November 4, 1985
shall be met; (2) that for public safety the swimming pool shall be
enclosed by a fence with self closing gates as required by Code Sec.
23.01.050 and this fence shall be installed within 30 days; and (3)
that the accessory structure use be limited to a pool house, that the
kitchen shall be removed and that no bed or kitchen shall ever be
installed within the structure, the footprint of the structure shall
not be increased, the structure shall not be used for living purposes
and that the entire building shall be brought up to current Uniform
Building and Uniform Fire Code requirements and shall meet the
requirements of the City Engineer within 90 days. Second C. Taylor.
Page 6
Burlingame Planning Commission Minutes December 9, 1985
Comment on the motion: will vote for these special permits but would
ask that the applicant consider putting a two car garage on the
property at some future time; this is a very large pool house, would
remind_ Commission they have considered many oversized garages and
denied them because it would be easy to convert to a living unit, this
is the same type of situation, will vote no; applicant was aware there
was a problem when she bought the property, this type of request could
occur all over town. Motion approved on a 4-3 roll call vote, Cers
Giomi, Jacobs and Leahy dissenting. Appeal procedures were advised.
5. CONDOMINIUM PERMIT FOR A 19 UNIT RESIDENTIAL CONDOMINIUM
PROJECT AT 623 ANSEL AVENUE
Reference staff report, 12/9/85, with attachments. CP Monroe reviewed
details of the project, staff review, study meeting questions. Three
conditions were suggested for consideration at the public hearing.
Applicant was present. Chm. Garcia opened the public hearing. There
were no audience comments and the public hearing was closed.
With the statement this project meets all the condominium guidelines
and zoning regulations, and will be beneficial to the city, C. Jacobs
moved for approval of the condominium permit and for adoption of
Commission Resolution Approving Condominiums with the following
conditions: (1) that the conditions of the Fire Marshal's November 5,
1985 memo, the City Engineer's November 18, 1985 memo and the Director
of Parks' October 16, 1984 and November 27, 1985 memos shall be met;
(2) that the project as built shall conform to the plans submitted to
the Planning Department and date stamped October 30, 1985 as amended by
the plans date stamped December 4, 1985; and (3) that the heights of
all the fences on the rear and side property lines shall be measured
from grade on the adjacent properties. Second C. Graham; motion
approved unanimously on roll call vote. Appeal procedures were
advised.
6. TENTATIVE AND FINAL PARCEL MAP AND TENTATIVE CONDOMINIUM MAP FOR
THE ABOVE PROJECT (PTN. LOT 14, BLOCK 7, BURLINGAME LAND COMPANY
MAP NO. 2)
Reference City Engineer's agenda memo, November 19, 1985. C. Jacobs
moved that these maps be recommended to Council for approval subject to
the following condition: (1) that at least one of the existing dwelling
structures be removed prior to the filing of the lot combination parcel
map. Second C. Graham; motion approved unanimously on roll call vote.
Recess 9:42 P.M.; reconvene 9:52 P.M.
ITEMS FOR STUDY
7. VARIANCE TO ALLOW A STORAGE LOFT TO REMAIN - 341 PRIMROSE ROAD
Requests: clarify whether clients go up in the loft; is applicant
trading basement storage for upper storage, or is she adding storage;
Page 7
Burlingame Planning Commission Minutes December 9, 1985
why the rail instead of solid wall; ceiling height on upper level and
lower level; letter from applicant addressing the legal requirements
for variance approval. Item set for hearing January 13, 1986.
8. SIGN EXCEPTION - IBIS HOTEL - 835 AIRPORT BOULEVARD
Requests: is Sign C above parapet and a roof sign; height from ground
of Sign D; clarify text of Sign F; include pictures referred to in the
text; include signage chart for all signage in the area. Item set for
hearing January 13, 1986.
9. CONDOMINIUM PERMIT AND VARIANCE - 113 ANITA ROAD
Requests: letter addressing the legal requirements for variance
approval; is there designated guest parking and a gate; review CC&Rs
prior to public hearing. Item set for hearing January 13, 1986.
PLANNER REPORT
- CP Monroe reviewed Council actions at its December 2, 1985 meeting.
ADJOURNMENT
The meeting adjourned at 10:25 P.M.
Respectfully submitted,
Robert J. Leahy, Secretary