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CITY OF BURLINGAME PLANNING COMMISSION
MARCH 25, 1985
CALL TO ORDER
A regular meeting of the Planning Commission, City of Burlingame was
called to order by Chairman Graham on Monday, March 25, 1985 at
7:32 P.M.
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Present: Commissioners Garcia, Giomi, Graham, Jacobs,
Leahy, Schwalm, Taylor
Absent: None
Staff Present: City Planner Margaret Monroe; City Attorney Jerome
Coleman; City Engineer Frank Erbacher
MINUTES - The minutes of the March 11, 1985 meeting were unanimously
approved.
AGENDA - Order of the agenda approved.
PUBLIC FORUM
1. PUBLIC FORUM ON NOTICE OF PREPARATION FOR A CITY PROJECT TO
IMPROVE A PORTION OF AIRPORT BOULEVARD, BUILD A LEACHATE BERM
AND PROVIDE PUBLIC ACCESS TO THE BAY
CP Monroe discussed the city's proposed project, the need for these
improvements and the city's determination that the most cost effective
and permanent solution for stopping the leachate would be a berm out-
board of the roadway. Reference staff report, 3/25/85; Notice of
Preparation, 1/30/85; Initial Study, 4/2/84 with attachments.
Commission discussion/concerns: how will leachate be kept out of the
sanitary landfill in the future; where will clay material to be used in
the leachate berm come from; will the existing riprap be removed;
provide detail on public parking available in the area, at present and
in the future at the sanitary landfill site; how many trees will be
removed and what will be replaced; how much dirt will be placed over
the leachate berm; how will the project be financed, what will cost be
by phase; are number of parking spaces on the bayside adequate; will
public access area and improved roadway be lit, will there be an
increase in glare which could have a significant impact, will the
lumens change; are there shellfish in the area and will this project
affect them; will the demand for parking at Bayside Park be increased.
There were no audience comments and the public forum was closed.
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Burlingame Planning Commission Minutes March 25, 1985
ITEMS FOR ACTION
2. SPECIAL PERMIT TO ALLOW A JEWELRY/ART GOODS AND WATCH REPAIR
RETAIL OPERATION AT 1195 BROADWAY, ZONED C-1, BY DONG PING AND
JUI-CHICH LIU (APPLICANTS) WITH GARBIS BEZDJIAN (PROPERTY OWNER)
CP Monroe reviewed this request to operate a 600 SF retail sales store
in the 6,570 SF commercial building now under construction at Laguna
and Broadway. Reference staff report, 3/25/85; study meeting minutes,
3/11/85; Monroe letter of action to Garbis Bezdjian, 3/8/84; City
Engineer's memo, 2/2/84; Albert Kapkin letter, 3/12/85;.Project Appli-
cation & CEQA Assessment received 2/13/85; Project Proposal date
stamped 2/13/85; site drawings date stamped 2/13/85; staff review:
Chief Building Inspector (3/7/85), City Engineer (2/22/85), Fire
Marshal (2/27/85); Commission Resolution Approving Special Permits.
CP discussed details of the request, study meeting questions, staff
review. Three conditions were suggested for consideration at the
public hearing.
Commission discussion: condition #3 which would require all Building
and Fire Codes applicable at the time tenant improvements are made be
met; approval of the parking variance for this commercial building did
not establish a limit to number of tenants allowed on the site; one
Commissioner believed the original plans showed five stores; developer
will be required to meet Building Code requirements for restrooms, this
tenant may lose some of his space to that requirement; all tenants will
be required to have access to a restroom and to the rear of the
building; property owner/developer should consider the needs of the
entire building now rather than later, this tenant is at a disadvantage
since he does not know the final division of the building.
Chm. Graham opened the public hearing. Dong Liu, applicant, was
present. The following members of the audience spoke in favor of this
application. David Hinckle, 1616 Sanchez Avenue: had opposed other
uses for this site but is in support of this use. Ross Bruce, 500
Almer Road: works on Broadway and is in favor of more retail there;
would urge applicant to lease at least 1,000 SF if possible. Dong Liu
commented that 1,000 SF would be too expensive and that the proposed
business would not need that much space, they plan only three employees
for the next five years.
C. Jacobs moved for approval of this special permit and for adoption of
Planning Commission Resolution No. 10-85 with the following conditions:
(1) that the finished area leased by this tenant shall not exceed 650
SF, that the area shall have direct access to the front (Broadway
frontage) of the building and at least a shared access to the rear
parking lot serving the building so that those using the on-site lot
can get from the parking to the retail area; this retail area shall
have access to the public restrooms serving the building; (2) when
interior remodeling plans for this area are submitted for a building
permit a set shall be filed with the Planning Department showing
adequate detail so that it can be established that Condition #1 is met;
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Burlingame Planning Commission Minutes March 25, 1985
and (3) all Building and Fire Codes applicable at the time tenant
improvements are made shall be met. Comment on the motion: think
developer should be advised that continued leasing of such small square
footages could lead to denial of a use permit in the future. Motion
approved on a 7-0 roll call vote. Appeal procedures were advised.
3. SPECIAL PERMIT TO ALLOW A DESSERT SHOP/BAKERY AT 1500 ADELINE
DRIVE, ZONED C-1, BY PHYLLIS AND DENNIS CLIMA (APPLICANTS) WITH
MARMORA TERRELL AND NANCY KURKJIAN (PROPERTY OWNERS)
CP Monroe reviewed this request to operate a dessert shop/bakery in the
Adeline Market shopping complex. Reference Staff Report, 3/25/85;
Monroe letter of action to property owners, 2/8/84; copy of Ordinance
No. 1266; Project Application & CEQA Assessment received 2/15/85;
applicant's letters, 2/14 and 2/21/85; site drawings; staff review:
City Engineer (2/22/85), Chief Building Inspector (3/7/85), Fire
Marshal (2/26/85); study meeting minutes, 3,/11/85; aerial photograph;
Notice of Hearing mailed 3/15/85; Commission Resolution Approving
Special Permits. CP discussed details of the request, staff review,
applicant's letters, study meeting questions. Three conditions were
suggested for consideration at the public hearing.
Commission discussion: walls of this development are already in place,
therefore size and number of shops have already been determined; are
restroom facilities to code provided; at what hour will baker arrive in
the morning; operation is not located next to the flower shop as shown
on the shaded drawing but in the next shop over, both are 414 SF;
concern about excessive signage in this center adjacent to a
residential neighborhood; concern about possible encroachment of flower
pots on public sidewalk; desire to clarify condition #2 so that no
wholesale delivery/pickups shall be allowed before 7:00 A.M. weekdays
or 10:00 A.M. Sundays.
Chm Graham opened the public hearing. Applicants and property owner
were present. Nancy Kurkjian, property owner, commented many people in
the neighborhood are looking forward to this use; there will be no part
time employee, only two full time, Mr. and Mrs. Clima; there will be no
delivery trucks, applicants will use their car for wholesale
deliveries; believe majority of customers will come to the center on
foot, those coming by auto would be in and out customers. Phyllis
Clima, applicant, commented on receiving Board of Health approval, the
inspector did not see the need for a grease trap if no deep frying were
done; they plan to sell donuts but will buy them, applicants will pick
them up themselves; she plans to bake in the evening, will arrive at
the site 5:30 P.M.; her husband will arrive at the shop 6:30 A.M. to
open at 7:00. Concern was expressed about heat in such a small area,
applicant replied health inspector's approval was received in spite of
that. It was suggested a condition be added to require a special
permit amendment if a part time employee were added in the future; a
further suggestion was to approve two 'operators only with no additional
persons.
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Burlingame Planning Commission Minutes March 25, 1985
Sabrina Schenone, 1035 E1 Camino Real spoke in favor: Adeline Market
center has been closed too long, glad to see improvements and a Mom and
Dad type shop between Broadway and Burlingame Plaza. There were no
comments in opposition and the public hearing was closed.
Commissioner comment: concern about delivery trucks blocking the area;
staff noted merchants would have to get together to work out any
problems.
C. Garcia moved for approval of this special permit and for adoption of
Planning Commission Resolution No. 11-85 with the following conditions:
(1) that the condition of the Fire Marshal's memo of February 26, 1985
shall be met; (2) that the business shall be operated from 7:00 A.M. to
7:00 P.M. Monday through Saturday and 10:00 A.M. to 6:00 P.M. Sunday,
that pickup/delivery of wholesale goods produced on the premises shall
be limited to three times a week and such pickup/delivery shall be made
by automobile; no trucks relating to this business shall be parked on
the Adeline Market site; and (3) that all requirements of the City and
Uniform Building Code and Uniform Fire Code shall be met during the
tenant improvements. Second C. Schwalm.
C. Giomi moved to amend the motion to clarify
allowed before 7:00 A.M. or after 7:00 P.M.;
Amendment to the motion failed on a 2-5 roll
Leahy, Schwalm, Taylor and Graham dissenting.
6-1 on roll call vote, C. Jacobs dissenting.
advised.
Recess 8:40 P.M.; reconvene 8:50 P.M.
that no deliveries be
second C. Jacobs.
call vote, Cers Garcia,
Original motion approved
Appeal procedures were
4. SPECIAL PERMIT TO ALLOW RESIDENTIAL USE OF PROPERTY IN SUB -AREA B
OF THE BURLINGAME AVENUE COMMERCIAL AREA AT 333 LORTON AVENUE,
ZONED C-2, BY JOHN KOWALSKI (PROPERTY OWNER AND APPLICANT)
5. VARIANCES TO ALLOW AN APARTMENT ADDITION TO AN EXISTING STRUCTURE
AT 333 LORTON AVENUE, BY JOHN KOWALSKI
CP Monroe reviewed this request to add a second floor residential unit
to a commercial building and to allow two variances, one from required
side yard and the second from required parking lot aisle width.
Reference Staff Report, 3/25/85; study meeting minutes, 3/11/85; Towber
letter to Kowalski, 3/12/85; Kowalski letter to Towber, 3/15/85;
Project Application & CEQA Assessment received 2/7/85; Kowalski memo,
date stamped 2/7/85; staff review: City Engineer (2/22/85), Fire
Marshal (2/19/85), Chief Building Inspector (3/7/85); Towber memo to
Police Dept., 3/12/85; Police Department reply, date stamped 3/14/85;
material from 1984 application as follows: drawing date stamped 7/29/
83, Kowalski letters, 12/21/83, 7/29/83, 12/23/83, staff memos: City
Engineer (11/30/83), Fire Marshal (11/30/83), Chief Building Inspector
(11/29/83), City Council minutes, 2/6/84, Planning Commission minutes,
1/9/84; Notice of Hearing mailed 3/15/85; Commission Resolution
Approving Special Permits; Planner memo, 3/19/85; and plans date
stamped 2/11/85.
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Burlingame Planning Commission Minutes March 25, 1985
CP discussed details of the request, history of this application, staff
review, applicant's letters, study meeting questions, code requirements
for granting a variance. Four conditions were suggested for
consideration at the public hearing.
Commissioner question: where will exit to the outside from the proposed
addition be located. Chm. Graham opened the public hearing. Applicant
was present. There were no audience comments and the public hearing
was closed.
Commission discussion: foundation check by an engineer will not be
required until final plans are submitted; what has happened in the last
year that might cause Commission to change its mind and approve the
same project it denied in 1984; need to justify any approval of the
variances with code required findings. CP read into the record
findings necessary to grant a variance (Code Sec. 25.54.020).
Applicant found exceptional circumstances in that the second story
would have to be built over existing walls and therefore the 5' side
yard requirement for residences could not be met; he added that there
have been no problems with present parking.
Further Commission comment: feel there are alternatives to adding
a living unit; applicant could hire a security guard who would be on
site until 1:00 P.M.; it would be precedent setting to grant two
variances for a residential use in Sub -Area B of the Burlingame Avenue
Commercial Area. Applicant discussed his need for someone living on
the premises, attempts at other means of security which have not
worked, lack of police protection and described some of his problems.
Commission concerns: allowing mixed use which could be precedent
setting; lack of findings necessary for variance approval (staff
pointed out all applicants are given a copy of the code required
findings and that these had also been enumerated in the staff report
for this item). During further discussion applicant advised his
experience has shown that security guards who do not live on the
premises and are hired at lower salaries are not reliable and often do
not show up for work; the reason his business has so many problems is
its location and type of customer. Further Commission comment: think
part of the problem could be management; the later a business is open
the more problems there will be.
C. Jacobs moved to deny the special permit. Second C. Taylor.
Commenting on the motion, C. Giomi found there were exceptional
circumstances in this type of business, its clientele, the hours it
needs to be open; that it is a permitted use in the C-2 zone; that it
would be a hardship upon the applicant to move the building to meet
setback requirements. She found it appropriate to grant the
variances.
Motion to deny the special permit was approved on a 4-3 roll call vote,
Cers Garcia, Giomi and Graham dissenting. C. Jacobs then moved to deny
the two variances. Second C. Leahy; motion approved 4-3 on roll call
vote, Cers Garcia, Giomi and Graham dissenting. Appeal procedures were
advised.
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Burlingame Planning Commission Minutes March 25, 1985
6. SIGN EXCEP'T'ION TO ALLOW SIGNS TO REMAIN AT 1000 BROADWAY WHICH
EXCEED CODE LIMITATIONS FOR NUMBER AND AMOUNT OF SIGNAGE, ZONED
M-1, BY ATLANTIC RICHFIELD COMPANY (APPLICANT AND PROPERTY OWNER)
CP Monroe reviewed this Sign Exception request for changes made to
signage at the gas station/car wash on the southwest corner of Rollins
Road and Broadway. Reference Staff Report, 3/25/85; Planning
Commission minutes, 7/23/73; sign drawing, 3/20/85; Sign Exception
application filed 2/5/85; Sign Permit application filed 2/5/85; staff
review: Chief Building Inspector (2/22/85), City Engineer (2/22/85),
Fire Marshal (2/8/85); plans dated 11/5/84. CP discussed details of
the request, history of signage on this site, staff review, applicant's
comments on his sign exception application. Two conditions were
suggested for consideration at the public hearing.
Discussion determined: of the two signs designated as Sign 'C', one is
located on the secondary frontage (Rollins Road) and is within code
limits which would reduce the total square footage for the signs on the
primary frontage (Broadway) to 209 SF; a sign exception is needed for
209 SF of signage and number of signs (five).
Chm. Graham opened the public hearing. J. D. Greenfelder, representing
Atlantic Richfield Company, was present and commented on the renovation
of this site; there is no need for signage on Rollins Road; do need the
requested signage on Broadway. There were no audience comments and the
public hearing was closed.
Further discussion/determination: applicant has no plans for additional
signage on this property; "new car wash pylon sign" shown on the 11/5/
84 plans is not a part of this application; possibility of lowering
shrubbery to help view of traffic from Millbrae when exiting the site;
monument sign was placed at its present location to preserve sight
lines; concern was expressed about the number of signs requested and
that this might set a precedent.
C. Schwalm found, from testimony presented, that approval would not
constitute a grant of special privilege and that there were special
circumstances in the size of this property, its street frontage and
location of structures to support the need for identification as
proposed in this sign exception. C. Schwalm moved for approval of the
sign exception to allow 209 SF of signage and five signs on the primary
(Broadway) frontage with the following conditions: (1) the applicant
shall obtain building permits for all signs on site which have been
erected or altered without obtaining a permit; and (2) all Fire and
Building Code requirements shall be met. Second C. Taylor; motion
approved on a 5-2 roll call vote, Cers Giomi and Jacobs dissenting.
Appeal procedures were advised.
ITEMS FOR STUDY
7. FENCE EXCEPTION - 300 OCCIDENTAL AVENUE
8. VARIANCE TO EXTEND NONCONFORMING USE - 300 OCCIDENTAL AVENUE
Requests: does new patio constitute enlargement of the footprint;
clarify property line. Items set for hearing April 8, 1985.
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Burlingame Planning Commission Minutes March 25, 1985
9. PARKING VARIANCE - 1209 HOWARD AVENUE
Requests: clarify request for office use on second floor; what business
could go on this site and still have the nonconforming rights of the
previous occupant; history of the use determination for the second
floor of 205 Park Road (Bay View Federal building); have any other
parking variances been granted on Howard; show adjacent rear land uses
and exit on plans; statement from applicant addressing the four
findings necessary for variance approval. Item set for hearing April
8, 1985.
PLANNER REPORTS
- CP Monroe reported on her attendance at the recent League of
California Cities Planning Commissioners Institute held at Santa
Clara.
- CP reviewed Council actions at its March 18, 1985 regular meeting.
ADJOURNMENT
The meeting adjourned at 10:15 P.M.
Respectfully submitted,
Nannette M. Giomi
Secretary