HomeMy WebLinkAboutMin - PC - 1988.06.27CITY OF BURLINGAME PLANNING COMMISSION
JUNE 27, 1988
CALL TO ORDER
A regular meeting of the Planning Commission, City of Burlingame
was called to order by Chairman Jacobs on Monday, June 27, 1988 at
7:30 P.M.
ROLL CALL
Present: Commissioners Ellis, Garcia, Giomi, H. Graham,
S. Graham, Harrison, Jacobs
Absent: None
Staff Present: Margaret Monroe, City Planner; Jerome Coleman,
City Attorney; Frank Erbacher, City Engineer; Bill
Reilly, Fire Marshal
MINUTES - The minutes of the June 13, 1988 meeting were
unanimously approved.
AGENDA - Order of the agenda approved.
ITEMS FOR STUDY
1. VARIANCES FOR PERCENTAGE OF COMPACT PARKING SPACES,
DIMENSIONS OF PARKING BACKUP AISLES AND HEIGHT OF BUILDING
FOR CONSTRUCTION OF A NEW OFFICE BUILDING WITH GROUND FLOOR
RESTAURANT AND RETAIL SPACE AT 1800 EL CAMINO REAL
Requests: is this proposal covered by the previously certified
EIR; what is unusual about this property to justify the parking
variance requests; discuss how Title 24 handicap parking
requirements have been met; will all CE's comments be addressed in
time for the public hearing. Item set for public hearing July 11,
1988.
2. SPECIAL PERMIT TO OPERATE A CAR RENTAL AGENCY FROM THE
EMBASSY SUITES HOTEL AT 150 ANZA BOULEVARD
Requests: does this site have excess parking in order to allow up
to eight spaces for the car rental use; does Hertz operate out of
other hotels and have they received permits for these operations,
why did they not get one in this case; where have they been parking
these cars; how many people are on the site actually renting cars
or taking them for service; will a parking variance be required,
how has rent -a -car parking been handled at other hotels; cars seem
to be parked in the porte cochere area, is it part of the required
parking for the hotel, would not want it used for rental car
Burlingame Planning Commission Minutes
June 27, 1988
Page 2
parking; where is the main Hertz facility, is it operated
differently than the hotel operations. Item set for public hearing
July 11, 1988.
3. SPECIAL PERMIT AND PARKING VARIANCE FOR CONVERSION OF A 495
SF WAREHOUSE AREA TO OFFICE USE AT 1606 ROLLINS ROAD
Requests: letter from applicant concerning what is unique about
this site to justify the parking variance; are there other people
on the site; clarify number of parking spaces provided; explain the
current nonconformity in parking; is there a shop next door; could
parking be provided in the building; clarification of project
proposal, number of employees does not agree with applicant's
letter. Item set for public hearing July 11, 1988.
ACTION ITEM (NO PUBLIC HEARING REQUIRED)
4. REQUEST FOR ONE YEAR TENTATIVE CONDOMINIUM MAP EXTENSION FOR
11 UNITS AT 1221 OAK GROVE AVENUE
Reference agenda memo, 6/27/88,
Brosnan, Tyrone Construction. CE
one year tentative condominium
under construction, final map is
map extension period.
with attached letter from John
advised applicant is requesting a
map extension for a project now
to be completed in the requested
C. Harrison moved to recommend to City Council a one year tentative
condominium map extension to August 5, 1989. Motion was seconded
by C. Garcia and approved unanimously on voice vote.
There was some discussion about an underground spring on this site,
could it be capped for irrigation use rather than wasted into the
storm sewer; CE advised there is a concern about using ground water
that is not tested, a parallel distribution. system would be
required and it would have to be kept completely separate from the
potable system; it would require a big commitment by the property
owner.
ACTION ITEMS (PUBLIC HEARINGS)
5. VARIANCE FOR LOT COVERAGE IN ORDER TO CONSTRUCT A NEW GARAGE
AT 1556 CAROL AVENUE, ZONED R-1
Reference staff report, 6/27/88, with attachments. CP Monroe
reviewed details of the request, staff review, Planning staff
comment, applicants' letter, letters in support from Debra and
Peter Tokarski, 1548 Barroilhet Avenue and Beverly and William
Crosby, 1552 Carol Avenue (neighbors on either side). Three
conditions were suggested for consideration at the public hearing.
Staff advised it was not possible to park two cars in the garage.
Burlingame Planning Commission Minutes Page 3
June 27, 1988
Chm.. Jacobs opened the public hearing. The applicants, Paul and
Theresa Brown, were present. Mr. Brown stated they would probably
keep the solar panels on the existing garage but had no plans for
them at this time, the swimming pool will be filled in; CP
commented the solar panels are not shown on the plans, if
applicants wish to retain them they must put them on the plans.
Mr. Brown advised they wished to insulate the new garage because
they hope to use it as a laundry and workroom, the utility sink
goes with the washer/dryer. Responding to a question about why a
skylight in the garage when there are so many windows, Mrs. Brown
said they wished to make it a workable/usable area, the sun doesn't
come into their yard except over the west wall which is on property
line, the only light that could get into the garage would be
through a skylight.
There were no audience comments and the public hearing was closed.
With the statement that a site inspection confirmed the noise
generated by the laundry equipment in the kitchen, the present
garage is in poor condition and looks more like a patio/shelter,
this is a positive step and necessary to provide a usable garage
and off-street parking for the site, C. Harrison moved for approval
of the variance and for adoption of Commission Resolution Approving
Variance with the following conditions: (1) that the project shall
be built consistent with the plans submitted to the Planning
Department and date stamped May 31, 1988 and that the additional
lot coverage shall not exceed 44 SF; (2) that the! conditions of the
City Engineer's memo of June 6, 1988, the Fire Marshal's June 7,
1988 memo and the Chief Building Inspector's June 13, 1988 memo
shall be met; and (3) that the garage shall never be used for
living area or separate residential purposes.
Motion was seconded by C. H.Graham and approved unanimously on roll
call vote. Appeal procedures were advised.
6. FENCE EXCEPTION FOR A 9' FENCE ON REAR AND SIDE PROPERTY
LINES AT 709 WALNUT AVENUE, ZONED R-1
Reference staff report, 6/27/88, with attachments. CP Monroe
discussed details of the request, staff review, applicant's letter,
seven letters in support from neighbors on Walnut. (Michael & Sophia
Davos, 758 Walnut Avenue; Diane Brancon, 709 Walnut Avenue;
Virginia Tait, 734 Walnut Avenue; Beatrice Marino, 750 Walnut
Avenue; Roy Nelson, 774 Walnut Avenue; Frances Guynes, 754 Walnut
Avenue; Cecil Oakes, 713 Walnut Avenue); one in opposition from
Tony Garisto, 707 Walnut Avenue. CP noted that history of recent
development of the flag lot at 707 Walnut had been discussed in the
staff report. Two conditions were suggested for consideration at
the public hearing.
Burlingame Planning Commission Minutes Page 4
June 27, 1988
Commission discussed status of the construction at 707 Walnut,
length of the fence requested by the applicant, the condition
requiring fence be placed on property line as established by
survey.
Chm. Jacobs opened the public hearing. Ramona Martinez, applicant,
told Commission the second story addition to the house at 707
Walnut looks directly into her backyard and house because of its
reverse floor plan, the addition can be seen from her house no
matter where one looks out, she would like to be able to use her
yard again; she would consider screening with landscaping, which
might take two years, but cannot put this in during the present
drought.
Commission comment: three more feet on a fence will not shield the
addition next door completely, would applicant consider removing
the fence when landscaping is tall enough to do the shielding;
landscaping would soften the fence; have no problem with the
request, the flag lot has an overpowering structure.
The following members of the audience spoke in favor. Beatrice
Marino, 750 Walnut Avenue: she has observed what has taken place on
the flag lot, some illegally done in flagrant violation of all R-1
property owners and their rights, now this addition which is a
terrible invasion of the applicant's privacy and property. Frances
Sherman Guynes, 754 Walnut Avenue: she has been in applicant's home
before and after this addition, there is no privacy in her home
now. There were no further audience comments and the public
hearing was closed.
Considering discussion this evening, C. Giomi was in favor of the
fence exception, she found there were exceptional circumstances in
that a flag lot is involved and there are few flag lots in the
city, there will be no public hazard, neighboring properties will
not be materially damaged, the zoning will remain the same and the
regulations cause unnecessary hardship upon the petitioner. C.
Giomi then moved for approval of the fence exception and for
adoption of Commission Resolution Approving Fence Exception with
the following conditions: (1) that the fence as built shall be
consistent with the plans submitted to the Planning Department and
date stamped May 20, 1988 with a 6' board fence topped by 3' of
latticework; and (2) that the fence shall be placed on the property
line as established by survey.
Motion was seconded by C. S.Graham. Comment on the motion: can
sympathize with the situation but do not believe a 9' fence will
solve the problem, trying to cover a neighbor's second floor level
is not a valid reason for a 9' fence, will have to vote no; rarely
vote for special exceptions but this is a flag lot, it should have
been conditioned when it was created; don't think the intention of
the 9' fence is to cut visibility from the second story addition,
Burlingame Planning Commission Minutes Page 5
June 27, 1988
that will have to be taken care of by screening later, but in this
case think the fence is deserved; Mr. Garisto, 707 Walnut, in his
letter mentions the property value issue, it would appear that with
his addition he has not only diminished his own property value but
applicant's as well, think it is only fair to try to help the
applicant.
Motion was approved on a 6-1 roll call vote, C. H.Graham
dissenting. Appeal procedures were advised.
7. FENCE EXCEPTION FOR AN OVER HEIGHT FENCE IN THE FRONT
SETBACK AT 704 VERNON WAY, ZONED R-1
Reference staff report, 6/27/88, with attachments. CP Monroe
reviewed details of this request for a 7'-4" high fence in the
front setback, staff review, applicants' letters, study meeting
questions. Three conditions were suggested for consideration at
the public hearing.
Discussion: if applicant were to ask for only a 6' fence a fence
exception would still be required, 5' is permitted in the front
setback; penalty fees are 10 times for a contractor, only two times
for citizens.
Chm. Jacobs opened the public hearing. Jose Leon, applicant, was
present. He advised that double glass doors and a patio face the
street, they use the patio for entertaining; with a lower fence
people peer over and throw trash over; the new fence replaced a 6'
structure which had been damaged by weather, they did not request a
height, the fence contractor built it this high, they have received
compliments on it; when the old fence blew over they put out for
bids, they did not discuss height with the contractor.
Responding to Commission questions, applicant advised none of his
neighbors on the street have 7' fences, two or three have fences
within the front setback, the original fence was about 61; they did
enclose a portion of the rear yard as a sunroom which could have
been used as a patio of sorts, the backyard itself is not
landscaped, they removed an old greenhouse, the backyard is about
20' x 501; contractor has worked on the back, taking out a pile of
dirt and removing the greenhouse; they did obtain a building permit
for the room addition.
The following members of the audience spoke in favor of the
application. Jim Whiteside, 732 Vernon: he thought the fence was
very attractive, it would not be detrimental to the appearance of
the neighborhood, nothing would be accomplished by tearing it down,
it is a beautiful fence. Alexandra King, 708 Vernon: lives next
door, she felt it was a good looking fence and hoped it could be
left in place. There were no audience comments in opposition and
the public hearing was closed.
Burlingame Planning Commission Minutes Page 6
June 27, 1988
Commission discussion/comment: have a concern under exceptional
circumstances, when someone is taken by a contractor (CA commented
that is not acceptable justification); there are exceptional
circumstances in terms of availability of the yard to passersby and
privacy, can see the need for a higher fence; have a problem with a
7' fence in the front yard, everyone has windows and doors which
look out on the street, approval could set a precedent; corner lots
are a different problem; 7' won't keep people from throwing garbage
over the fence.
Commission has studied fence ordinances of other cities and found
Burlingame's were typical and not unreasonable, Commission must
look at these applications on an individual basis, every yard has
passersby; it seems the backyard was there when applicants moved in
and they reduced it by the addition; would not want front yards to
become back yards; not against nice fencing, would not ask that it
be torn down, just lowered. Agree there is a need for a fence in
the front since they entertain in the front, other neighbors on
that block have the same situation, but think '7'-4" is a bit too
high, could support 6-1/21; would prefer altering the fence,
changing the placement of the lattice, cutting down the posts and
making it about 6-1/2' high; have no objection to 7' fences if
there are unusual circumstances, question that this is different
than any other yard, can find no exceptional circumstances; a 6'
fence would still require a fence exception.
C. Giomi moved to deny the fence exception without prejudice,
requesting that the applicants return with a lower fence. Staff
noted Commission could make a motion to reduce to a lower height.
C. Giomi withdrew her motion.
C. S.Graham moved to grant the fence exception for 61-3-1/4" in
front to 51-3-1/4" in back, removing one foot of lattice with the
following conditions: (1) that the portion of the fence shown on
the plans submitted to the Planning Department: and date stamped
April 5, 1988 shall be built to a height of 61-3-1/4" in the front
and 51-3-1/4" in the back by removing one foot of lattice from the
top of the structure; (2) that application be made for an
encroachment permit and approved by the City Council; and (3) that
a retroactive building permit shall be applied for and obtained
including final inspection of the fence and a penalty fee charged
according to the requirements of the Uniform Building Code for
failure to obtain a building permit. Motion was seconded by C.
Harrison.
Exceptional circumstances were found in the fact that this house
was built with a patio in front which would generally permit
entertainment in the front, unlike most houses where one entertains
in the back; this block seems to have several homes with
entertainment areas in the front; the fence is replacing what was
Burlingame Planning Commission Minutes Page 7
June 27, 1988
there; there will be no public hazard; neighboring properties will
not be materially damaged and the regulations cause unnecessary
hardship upon the petitioner.
Comment on the motion: will support the motion, this house does sit
farther back on the lot than most houses, don't think this height
will be intrusive given the existing landscaping..
Motion was approved on a 5-2 roll call vote, Cers Giomi and
H.Graham dissenting. Appeal procedures were advised.
8. CONDOMINIUM PERMIT AND SIDE YARD SETBACK VARIANCE FOR
CONSTRUCTION OF A FOUR UNIT RESIDENTIAL CONDOMINIUM AT
1022 CHULA VISTA AVENUE, ZONED R-3
Reference staff report, 6/27/88, with attachments. CP Monroe
reviewed details of the request, staff review, Planning staff
comment, applicant's letter, study meeting questions. Four
conditions were suggested for consideration at the public hearing.
Commission and staff discussed the variance request and tentative
and final maps.
Chm. Jacobs opened the public hearing. Zal Baron, applicant, was
present. He stated they would prefer a 6" variance at the third
floor level as opposed to a variance to the aisle requirement; it
would not block views; they were concerned about possible trouble
spots, possibility of roof leakage, with four owners there would be
four times the trouble; this also gives them an opportunity to
design a more attractive building; any changes would require the
plans be redrawn, structural engineering work is now in progress;
benches and tables in the recreation area are permanent, not
movable. Responding to Commissioner question, applicant advised he
was experienced in this type of project and construction costs, he
has general liability insurance, he will hire a general contractor,
storage units will be added.
There were no audience comments in favor. Speaking in opposition,
Dennis Preger, 1012 Chula Vista Avenue: he suggested this project
will add to the Manhattanization of Chula Vista, parking is bad on
this street now, to add four single family units in place of one
will increase the problems. CP reviewed zoning in this block, R-2
on one side of the street and R-3 on the other, this use is within
the R-3 zoning. There were no further audience comments and the
public hearing was closed.
Commission comment: have no real concern about a variance for 6"
side yard or backup aisle but do have a concern with the
cantilever, wonder how they can sell the units. Commission
discussed not allowing the 5'-6" side yard setback at the third
floor and instead moving the building over 611, requiring two 6'
side yards and allowing a 23'-6" backup aisle. Staff noted for a
Burlingame Planning Commission Minutes Page 8
June 27, 1988
50' lot the zoning code requires 4' side setback at the first
floor, 5' at the second floor and 6' at the third floor. A
Commissioner commented any leakage which occurs is the
responsibility of the contractor.
C. H.Graham moved for approval of the condominium permit and a
variance to allow a 23'-6" backup aisle, and for adoption of
Commission Resolution Approving Condominium Permit with the
following conditions: (1) that the project shall be built as shown
on the plans submitted to the Planning Department and date stamped
June 9, 1988 with updated pages A-1, A-5 and Sheet 1 of 1 except
that side setbacks shall be 6' from property line and the backup
aisle shall be no less than 23'-6"; (2) that the+ conditions of the
Fire Marshal's June 14 and May 26, 1988 memos, the Chief Building
Inspector's May 6, 1988 memo and the City Engineer's June 13 and
May 23, 1988 memos shall be met; (3) that a final inspection and
certificate of occupancy from the Burlingame Building Department
shall be required prior to the close of escrow on any unit within
the structure; (4) that the parking space designated for guest
parking on the plans shall be so marked and available for use of
guests at all times; and (5) that the final landscape and
irrigation plans shall be approved by the Parks Department prior to
issuance of a building permit and shall be installed to the
satisfaction of the Director of Parks before issuance of an
occupancy permit. Motion was seconded by C. Garcia.
The following findings were made: on a 50' lot to meet current code
parking dimensions parking must be allowed to extend through the
walls and some structural integrity would be lost; therefore it is
difficult to meet parking requirements on a 50' wide lot.
Motion was approved on a 5-2 roll call vote, Cers S.Graham and
Jacobs dissenting. Appeal procedures were advised.
9. TENTATIVE CONDOMINIUM MAP FOR FOUR UNITS -- LOT 23, BLOCK 10,
EASTON ADDITION, 1022 CHULA VISTA AVENUE
Reference CE's agenda memo, 6/27/88. CE Erbacher noted action on
the condominium permit this evening will change the map.
C. H.Graham moved to recommend this tentative condominium map to
City Council for approval; second C. Garcia. Motion was approved
on a 5-2 roll call vote, Cers S.Graham and Jacobs dissenting.
Recess 9:20 P.M.; reconvene 9:32 P.M.
10. SPECIAL PERMIT FOR CLASSES IN AN OFFICE BUILDING AT
433 AIRPORT BOULEVARD, ZONED C-4
Reference staff report, 6/27/88, with attachments. CP Monroe
reviewed details of the request, staff review, Planning staff
Burlingame Planning Commission Minutes Page 9
June 27, 1988
comment, applicant's letter, study meeting questions. Two
conditions were suggested for consideration at the public hearing.
A Commissioner asked about the projected employee figures.
Chm. Jacobs opened the public hearing. Richard Hickman, applicant,
was present. He advised the projected figures in the project
application were not for the school, they were for his personal
consulting business, two employees and four visitors a day. He
stated he did not expect the polygraph training classes to expand,
this type of training must be highly personalized, there is a need
to keep the classes small. Responding to a question about starting
at 8:00 A.M. and leaving at 3:30 P.M. to avoid peak traffic hours,
applicant had no objection but thought his students might, they
come from out of state and have housing problems. There were no
audience comments and the public hearing was closed.
C. Giomi moved for approval of the special permit and for adoption
of Commission Resolution Approving Special Permit with the
following conditions: (1) that classes shall consist of two eight
week long courses a year to be held between 9:00 A.M. and 4:30 P.M.
for a maximum of six students and one instructor and to be
conducted from a 240 SF classroom area within Suite 331; and (2)
that any changes in the conduct of the classes, including an
increase in the number of classes, students or instructors, shall
require amendment of this special permit.
Motion was seconded by C. H.Graham and approved unanimously on roll
call vote. Appeal procedures were advised.
11. RESUBDIVISION OF LOTS 17 AND 18, KENMAR TERRACE, INTO THREE
LOTS (2674 AND 2684 SUMMIT DRIVE)
Reference staff report, 6/27/88, with attachments. CE Erbacher
reviewed this request to divide Lots 17 and 18 into three lots. He
discussed conformance with zoning requirements, geotechnical report
on the site, subdivision code review criteria, tables indicating
lot areas and lot frontages on Summit Drive in this area, petition
in support signed by nine nearby property owners submitted by the
applicant, June 27, 1988 counter petition against the division or
suggesting restrictions to assure conformance to neighborhood
pattern. CE recommended four conditions for consideration at the
public hearing.
Chm. Jacobs opened the public hearing. Lois and Gus Gazis,
applicants, were present. Mrs. Gazis discussed their desire to
build a new home on this new lot, they are concerned about the
neighborhood and have no intention of building a. monstrosity, they
plan a one story home at street level, construction will remove
some trees and neighbors will gain a view. She stated they have a
new petition in support with 14 signatures including neighbors
Burlingame Planning Commission Minutes Page 10
June 27, 1988
across the street and immediately adjacent. At present they live
at 2674 Summit Drive.
The following members of the audience spoke in opposition. Peter
Davidson, 2694 Summit Drive: after learning of the proposed split
he came to the city and talked to the CE, learned a petition in
support had gone around, some of those who signed this petition
approving the split were now concerned, there are no lots in Kenmar
Terrace with smaller than 80' frontages, average lot width is 1221,
the proposed new lot would be half the size of the average lot in
the area, it constitutes a threat to the integrity of the
subdivision, such a small lot could have serious impact on property
values; several petitions have been circulated and presented, one
"for or against", another supporting the division but specifying
height and setback requirements.
Mary Ann Byrd, 2656 Summit Drive: concerned about the kind of
structure that would be built, she would be the most affected, it
would extend to within 2' of her driveway, she has a lot next to
her house and has not been able to develop it because of its
frontage size yet these applicants are asking for a house on a 62'
wide lot, she did not think 62' would be enough for a house, garage
and yard, she would not object to the right type of home which did
not interfere with her privacy; on the west side of Summit there is
a group of lots served by a common driveway which have narrower
frontages, 75'-801, in this case it would be inconsistent to put in
another lot.
Dolores Rieman, 2705 Summit Drive: with a 62' wide lot and taking
off 8' on each side there isn't much room left for a house and it's
not compatible with the rest of the neighborhood; if allowed it
should be set back from the street as are all the houses in the
area, think most are 20' back.
Gus Gazis advised re setbacks, 15' setback will actually be 25'
because the property line is 10' behind the edge of curb, the
proposed house will be one floor from the front and two from the
back; if the proposed 62.5' wide lot is subtracted from the CE's
map there is a 120' average on the block. Applicant advised he
surveyed a bigger area. Mr. Davidson commented that with no height
and setback restrictions the majority of the people he talked to
were opposed. Applicant stated he had identified 11 lots in the
area that were under 62.5' frontage. Responding to Commissioner
question, applicant said he had no objection to the building
restrictions set forth in the Davidson petition. There were no
further audience comments and the public hearing was closed.
During discussion CP explained that Mrs. Byrd's lot is a flag lot,
now nonconforming, if one exists it can have only one structure on
it. Commission comment: walked Summit and do have a concern we
could be creating something which would affect this area for many
Burlingame Planning Commission Minutes Page 11
June 27, 1988
years to come, concern about compatibility of this new lot with
others in the area; share this concern, especially incompatibility,
do not think it is compatible at all with size in that area; agree,
Commission has considered a neighborhood to be that particular
block, in this block there are four parcels directly across the
street two of which have frontages less than 62.5' but they are
much larger in square footage, it would be more compatible if this
proposed lot were larger; the downhill lots are larger than the
uphill lots, regarding compatibility of the neighborhood the lots
on the downhill slope are all much larger and on the other side
they are larger except for one or two, think this proposal would
destroy the neighborhood.
C. S.Graham moved to recommend to City Council denial of this
resubdivision map for the reasons stated, incompatibility with the
neighborhood, with reference to the 6/27/88 staff report and
attachments. Motion was seconded by C. H.Graham and approved
unanimously on roll call vote. Staff will forward to City Council.
FROM THE FLOOR
There were no public comments.
PLANNER REPORT
- CP Monroe reviewed Council actions at its June 20, 1988 regular
meeting.
ADJOURNMENT
The meeting adjourned at 10:35 P.M.
Respectfully submitted,
Mike Ellis, Secretary