HomeMy WebLinkAboutMin - PC - 1989.03.27CITY OF BURLINGAME PLANNING COMMISSION
MARCH 27, 1989
CALL TO ORDER
A regular meeting of the Planning Commission, City of Burlingame
was called to order by Chairman Jacobs on Monday, March 27, 1989 at
7:30 P.M.
ROLL CALL
Present: Commissioners Ellis, Garcia, H. Graham, Harrison,
Jacobs
Absent: Commissioners Giomi, S. Graham
Staff Present: Margaret Monroe, City Planner; Adriana Garefalos,
Planner; Jerry Coleman, City Attorney; Frank
Erbacher, City Engineer; Ed Williams, Deputy Fire
Marshal
MINUTES - The minutes of the March 13, 1989 meeting were
unanimously approved.
AGENDA - Item #13, Negative Declaration, Special Permit for
restaurant use and two Variances for floor area
ratio and parking at 1461 Bayshore Highway, was
continued to the meeting of April 10, 1989 at the
request of the applicant. The remaining order of
the agenda approved.
ITEMS FOR STUDY
1. TWO SPECIAL PERMITS FOR AN EXISTING ACCESSORY STRUCTURE TO
BE USED AS A FAMILY RECREATION ROOM/STUDY AT 301 BAYSWATER
AVENUE, ZONED R-1
Requests: who installed the bathroom; is covering on patio included
in lot coverage; regarding 7th item of CBI's review, would
waterproof membrane require a retrofit or a new slab; were bathroom
in the accessory structure as well as his options discussed with
applicant. Item set for public hearing April 10, 1989.
2. SPECIAL PERMIT AMENDMENT AND PARKING VARIANCE TO LEGALIZE 12
LODGING ROOMS CONVERTED TO SIX ONE -BEDROOM UNITS AT 250
MYRTLE ROAD, ZONED R-3
Requests: when were the 12 units converted to six, why did they not
apply for a permit at that time; count of parking usage in the
garage weekdays and weekends; are the owners who made this change
the same owners who built the project, who is the present owner;
Burlingame Planning Commission Minutes Page 2
March 27, 1989
would any new owner be advised of limitations on the property; do
the owners intend to continue this use as a senior care facility
with upgraded accommodations or do they anticipate doing something
else with the building. Item set for public hearing April 10,
1989.
3. SPECIAL PERMIT AND PARKING VARIANCE FOR THE OPERATION OF AN
ENGLISH GIFT SHOP AND TEA ROOM AT 1105 BURLINGAME AVENUE,
ZONED C-1, SUB AREA A
Requests: how will trash be taken care of, particularly from the
restaurant; where will people park; will this be an intensification
of use. Item set for public hearing April 10, 1989.
4. AMENDMENT TO CONDITION OF REZONING ALLOWING BUSINESSES TO
EXTEND THEIR HOURS AT 1508 ADELINE DRIVE, ZONED C-1
Requests: explanation of the request to change a condition of the
rezoning and need for all businesses to request an amendment of
their use permits individually; how many of the people who signed
the petition in support were from the neighborhood. Item set for
public hearing April 10, 1989.
5. SPECIAL PERMIT FOR CLASSES AT 111 ANZA BOULEVARD, ZONED C-4
Requests: does this building meet current parking requirements;
during the hours of the school, 10:00 AM - 1:00 PM and 1:00 P.M. -
4:00 P.M., number of people in the morning and number in the
afternoon; amount of parking on site, how much of this is now in
use; could this use be limited to a certain length of time. Item
set for public hearing April 10, 1989.
ITEMS FOR ACTION
6. PARKING VARIANCE FOR THE ADDITION OF BEDROOMS AT 125
CRESCENT AVENUE, ZONED R-1
Reference staff report, 3/27/89, with attachments. PLR Garefalos
reviewed details of the request, staff review, applicant's letter.
Three conditions were suggested for consideration at the public
hearing.
Chm. Jacobs opened the public hearing. Terrence Freethy,
applicant, was present. His comments: the existing nonconforming
studio apartment was built as a part of the building which was
constructed in 1930, the original plans show a one bedroom house
designed on the main level with a sun porch and den which are now
counted as bedrooms, the people who originally designed this house
apparently had no children, applicants need more bedrooms; they
would like to have a two car garage but there is no way to achieve
this; a drive-through might work for the cars but his truck is too
Burlingame Planning Commission Minutes Page 3
March 27, 1989
large; to remove the existing garage which is attached to the house
would require substantial remodeling; they have a long driveway and
could park two cars behind the front setback; they are willing to
remove the extra unit by eliminating the kitchen, applicant thought
that unit would generate more parking concern than a fourth
bedroom.
A Commissioner noted cars could be driven through an open carport.
Responding to Commission questions, Mr. Freethy said they need one
of the rooms for an office, in the original design it was a den; to
incorporate the unit into the flow they added a stairway at the
rear, they cannot incorporate the studio apartment without doing
other additions. They have considered a carport in front of the
garage, there is a basement for storage, the stair at the rear is
interior to the house.
Vaughn Janssen, 121 Crescent Avenue spoke in favor of the
application: he has lived there for 20 years and never had a
parking problem caused by the studio unit, he saw no problem with
this change. There were no further audience comments and the
public hearing was closed.
C. Harrison found it commendable the applicants wish to remove an
existing nonconforming unit, in order to enjoy their property they
would not be able to put in a two car garage or even a drive-
through because of what it would do to the appearance of the house;
granting of the variance is necessary for the preservation and
enjoyment of the property rights of the applicants, it will not be
detrimental or injurious to property or improvements of the
neighbors and the use of the property would be compatible with the
aesthetics, mass, bulk and character of existing and potential uses
of properties in the general vicinity. C. Harrison moved for
approval of the variance and for adoption of Commission Resolution
Approving Variance with the conditions listed in the staff report.
Motion was seconded by C. Ellis.
Comment on the motion: there is space on this property for a tandem
garage by expansion to the rear so will vote no. C. Harrison added
a finding: that there is a long driveway and two cars can be parked
behind the front setback. Further comment: this is a large house,
they are spending a considerable amount of money and realize a two
car garage would be another expense, but a drive-through would not
change the house so much, think they should provide a standard two
car garage; it is a small lot with a large house but there is room
at the rear for a standard garage.
Motion for approval failed on a 2-3 roll call vote, Cers Garcia, H.
Graham and Jacobs voting no, Cers Giomi and S. Graham absent.
Appeal procedures were advised.
Burlingame Planning Commission Minutes Page 4
March 27, 1989
7. PARKING VARIANCE FOR THE ADDITION OF A THIRD BEDROOM AT 409
BURLINGAME AVENUE, ZONED R-1
Reference staff report, 3/27/89, with attachments. PLR Garefalos
reviewed details of the request, staff review, CE's suggested
options for reducing the variance request, applicant's letter.
Five conditions were suggested for consideration at the public
hearing.
Commission/staff discussion: a 20' x 21' (interior dimensions)
garage is proposed, a parking variance is required because there is
not enough room for a second vehicle to maneuver into the garage;
if garage were moved 2' to the side property line and a wider
garage door installed a compact to mid-sized second car would be
able to use the second space in the garage.
Chm. Jacobs opened the public hearing. Kelly Randall, property
owner, was present. His comments: in the process of planning a
third bedroom they found a two car garage was required, they wanted
a two car garage; they intend to relocate the back stairs to
provide more clearance and better access; they would prefer the
garage be located 2' from property line with a gable roof so there
is storage above the cars with interior dimensions of 21' x 24' and
an 18' garage door for better access; applicant felt locating the
garage 2' from property line would be better aesthetically and
provide access for repair and maintenance. Commission asked if
this request would solve the maneuverability problem, applicant
said he was trying to alleviate it. It was noted there is a long
driveway on this site and room to park a vehicle behind the front
setback. Applicant stated the plans call for addition of a third
bedroom and. bath upstairs and remodeled kitchen area, in that
process they would relocate the stairs.
There were no audience comments and the public hearing was closed.
Commission/staff discussion: concerned about applicant's reluctance
to move the garage over 2' to the property line, it does give
better access, would be willing to support the request if garage
were located on the side property line; it is a narrow lot and the
house is set back 7' further than the 15' setback, heard
applicant's reasons for not moving to the side property line but
was not convinced it shouldn't be done or couldn't be done rather
easily, was willing to support the request until heard applicant's
amendment; why is 2' so important; staff commented it has to do
with ability to move a car around the rear corner of the structure
and then make a turning movement to get into the garage, with
garage on property line there would be 2' more clearance at that
corner, also the 18' door would help.
Further comment: if putting the garage on property line would
remove the variance would be in favor of putting it over but access
Burlingame Planning Commission Minutes Page 5
March 27, 1989
will not be easy even with relocation to property line; concern
about a gable roof, this might look better moved in 21; CE advised
it could be set back 6" from property line to allow drainage, with
0" setback there would be no drainage on that side, the roof
however could be designed to drain properly.
Based on the fact that the only way to make it legal would take up
the entire back yard, the variance would not affect the
neighborhood or the zoning of the city, it would not be detrimental
to either, there is a very long driveway, C. H.Graham moved for
approval of the parking variance and for adoption of Commission
Resolution Approving Variance with the following conditions: (1)
that the project as built shall be consistent with the plans
submitted to the Planning Department and date stamped March 1, 1989
and there shall be no sewer or water connections to this structure;
(2) that the garage shall be placed on the side property line as
noted in the City Engineer's memo of March 22, 1989; ( 3 ) that the
three conditions of the City Engineer's memo of March 22, 1989
regarding moving the garage to the side property line, installing
an 18' wide garage door and relocating the rear stairs on the house
with any future bedroom addition shall be met; (4) that the
conditions of the Fire Marshalls March 13, 1989 memo and the Chief
Building Inspector'.s March 8, 1989 memo shall be met; (5) that a
building permit for the proposed 580 SF third bedroom/bath second
story addition shall be obtained within a year of the parking
variance approval and shall be designed to meet all code
requirements; and (6) that the garage shall have minimum interior
dimensions of 21, x 241, set on property line.
Motion was seconded by C. Harrison and approved on a 5-0 roll call
vote, Cers Giomi and S.Graham absent. Appeal procedures were
advised.
8. FENCE EXCEPTION FOR A 5' HIGH FENCE ON A CORNER LOT AT 1304
BERNAL AVENUE, ZONED R-1
Reference staff report, 3/27/89, with attachments. PLR Garefalos
reviewed details of the request, staff review, applicants letter,
study meeting questions. Two conditions were suggested for
consideration at the public hearing.
Chm. Jacobs opened the public hearing. Kristine Cannon, applicant,
was present. There were no audience comments and the public
hearing was closed.
Commissioner comment: this property is unique, the back yard is
really the side yard and fronts on Easton, see no problem.
C. Harrison found there were exceptional circumstances, a large
planting area in the front, need for training and control of the
oleanders so they will not spill over into the public walkway,
Burlingame Planning Commission Minutes Page 6
March 27, 1989
there will be no public hazard, neighboring properties will not be
materially damaged, the regulations do cause unnecessary hardship
upon the petitioner. C. Harrison moved for approval of the fence
exception and for adoption of Commission Resolution Approving Fence
Exception with the following conditions: (1) that the fence shall
be built as shown on the plans submitted to the Planning Department
and date stamped February 16, 1989 except that an encroachment
permit shall be obtained from the City Council before the fence may
be placed on the outside of the property line; and (2) that the
conditions of the City Engineer's March 7, 1989 memo shall be met.
Motion was seconded by C. H.Graham and approved on a 5-0 roll call
vote, Cers Giomi and S.Graham absent. Appeal procedures were
advised.
9. FENCE EXCEPTION FOR A 10' HIGH FENCE ALONG THE SIDE PROPERTY
LINE AT 1536 VANCOUVER AVENUE, ZONED R-1
Reference staff report, 3/27/89, with attachments. CP Monroe
reviewed details of the request, staff review, Planning staff
comment, applicant's letter, letter from adjacent neighbor (Carolyn
D. Stubbs, 1532 Vancouver Avenue) in support of the project, letter
in support from James E. Shypertt, 1540 Vancouver Avenue; letter in
opposition from Virginia Daphne, 1552 Vancouver Avenue; study
meeting questions and applicant's letter in response. Two
conditions were suggested for consideration at the public hearing.
Responding to a question, CP advised if the adjacent neighbor at
1532 Vancouver had made application for the fence on the common
property line no fence exception would have been required since
with the difference in grade the fence would only measure 6' on her
side.
Chm. Jacobs opened the public hearing. Robert Metzler, applicant,
was present. He advised this has been a long construction project,
the rear yard was a stepped terrace with fieldstone wall,
overgrowth was more than they could take care of, on his side he
has gained 7'-7.5' usable back yard; a building permit was received
for a 4' retaining wall, staff overlooked the notation for a 6'
fence on the Engineering portion of the plans, this was discovered
at final inspection. Louis Arata, Civil Engineer, Millbrae
addressed Commission: the fence along the rear property line is a
little high, top soil will be put back and legalize this fence at
61; with reference to the condition about a patio cover, there is
no cover proposed over the patio at this time; if the side property
line fence were to conform to 6' the neighbor would have a fence
only 2'-3' high. There were no further audience comments and the
public hearing was closed.
Commissioner comment: next door neighbor could have received a
counter permit for this fence, it is basically a 6' fence.
Burlingame Planning Commission Minutes Page 7
March 27, 1989
With the statement there is a problem with the definition of whose
fence it is, C. Ellis found there were exceptional circumstances in
the difference in grade between the two properties, there is no
public hazard, neighboring properties will not be materially
damaged, in fact the adjacent neighbor will benefit by having a
standard fence for privacy, the regulations limiting a fence to 6'
would cause hardship on the applicant and neighbor because of the
difference in grade. C. Ellis moved for approval of the fence
exception with the following conditions: (1) that a building permit
shall be obtained for the proposed patio cover in the rear yard and
the structure shall be designed to meet all code requirements; and
(2) that new top soil 1' deep shall be put back along the rear
property line fence so that this fence does not exceed 6' in height
from grade to top of fence and along the side property line fence
so that this fence does not exceed 9.5' in height.
Motion was seconded by C. H.Graham and approved on a 5-0 roll call
vote. Appeal procedures were advised.
Recess 8:58 P.M.; reconvene 9:10 P.M.
10. PARKING VARIANCE FOR THE ADDITION OF A THIRD BEDROOM AT 961
CHULA VISTA .AVENUE, ZONED R-2
Reference staff report, 3/27/89, with attachments. PLR Garefalos
reviewed details of the request, staff review, applicant's letter.
Five conditions were suggested for consideration at the public
hearing. Legal owners of record were noted.
Chm. Jacobs opened the public hearing. Thuan duc Tran, applicant,
was present.. His comments: to build a code standard garage at the
rear of the property it would be necessary to narrow the size of
the house to gain access, it would interfere with the major
structure; they would like to use the existing driveway and add a
carport in front of the existing garage for a second car. A
Commissioner commented there appears to be a post in the middle of
the front wall of the garage, looks like only a compact car could
get in. CE commented that with the addition to the house built as
proposed no matter what is done with the garage in the future there
will never be an accessible two car garage. If the garage is moved
to the rear they should narrow the house now so it doesn't block
access in the future.
Further Commission comment: is 17'-6" adequate backup; CE stated a
full sized vehicle would need 181; concern about a future owner
wanting an addition which would need a two car garage, can one
regular sized car get in the present garage. Boris Usanoff,
property owner, 961 Chula Vista, stated he needed the addition to
keep his family under the same roof, he wants to build a standard
20' x 20' garage in the future but right now he can't afford it, a
small compact goes in the existing garage easily, it is about 19'
Burlingame Planning Commission Minutes Page 8
March 27, 1989
deep; addressing exceptional circumstances, applicant said he has
two grandchildren who need to live with him, the cost is so much
less than each having their own place, therefore he wants to make
the house larger. Olga Chase, one of the grandchildren, stated
there is no beam in the garage, there is a post at the door which
holds the doors together. There were no further audience comments
and the public hearing was closed.
Commission again expressed concern about granting a variance for
the addition to the house which creates a situation where a garage
in the rear couldn't be used; possibility of putting a garage in
the rear, reducing the size of the house and granting a variance
for lot coverage; if house addition were reduced by 85 SF a
variance for lot coverage would not be needed.
C. H.Graham moved to deny the parking variance without prejudice
with direction to the applicant that the garage be relocated to the
rear and be an accessible standard two car garage, 20' x 20'
interior dimensions, and that 85 SF of the addition to the house be
relocated. Motion was seconded by C. Harrison and approved on a
5-0 roll call vote, Cers Giomi and S.Graham absent. Appeal
procedures were advised.
11. NEGATIVE DECLARATION AND TWO SPECIAL PERMITS TO BUILD AND
OPERATE A GROCERY STORE WHICH ABUTS A RESIDENTIAL DISTRICT
AT 814 EDGEHILL DRIVE, ZONED C-2
Reference staff report, 3/27/89, with attachments. CP Monroe
reviewed details of the. request, staff review, applicant's letter,
negative declaration prepared for this project, study meeting
questions.Eight conditions were suggested for consideration at
the public hearing.
Discussion: it was suggested that Condition #3 also include a
requirement that the stairway from the garage to grade be
restricted when the business is closed; CP confirmed that if a
permitted use went in and met all requirements access to Edgehill
could be allowed without any variance or special permit, such a use
could get a building permit and put in a driveway all the way
through the site.
Chm. Jacobs opened the public hearing. Shuji Suruki, applicant,
was present. She stated she had checked with their suppliers and
semi trucks will not be used, they use a 20' truck and it would fit
into a regular parking stall, this 20' truck would park on site;
they have tried to give the side of the building facing Edgehill a
facade that looks more residential than commercial, the exterior
will be stucco; a Commissioner commented the elevation on Edgehill
looks like a schoolhouse, he would prefer it looked more like a
house with trim, there is no room for landscaping.
Burlingame Planning Commission Minutes Page 9
March 27, 1989
There were no audience comments in support. The following spoke in
opposition. John Jones, 810 Edgehill Drive: Edgehill is mostly
residential even though California Drive is at the rear of this
site, concern about the 251-6" height of the building, it is a
massive structure which will have an impact; he has two children,
will not be able to see them as they go up the street; concern
about noise, increase of traffic on California; will delivery
trucks be restricted to 20' vehicles, sometimes delivery hours
vary, they might park on Edgehill even if it is a violation;
exhaust fumes from the underground garage, vent is 8' from his
patio; concern about use of the building if this business fails, it
would be suitable for fast food or some similar use; the proposed
building does not look like any of the houses in the area, it is
all residential even though it is zoned C-2. Responding to a
Commissioner question, Mr. Jones said he has lived there since
1980, he knew it was zoned C-2 when he purchased the property and
was aware of the zoning regulations for height and setback and that
this project also has to meet certain other criteria.
Mr. Jones presented a petition in opposition signed by 30 near
neighbors and said everyone on Edgehill without exception has
signed. Letter in opposition was presented from Philip Acker, 820
Edgehill Drive, owner of the building next to the proposed site.
Sharon Cheek, 824 Edgehill Drive: the frontage on Edgehill is
residential, the only property remotely commercial is a carport
shared by a resident and a shop which fronts on California, this is
the first attempt to have a commercial building with frontage on
the Edgehill side; there are a lot of apartments in this area and
fourplexes; children play on the sidewalks and ride their bikes
down the hill; a building so close to the sidewalk will be a safety
hazard, children could run right into the building; building will
block view down the street, she will not be able to see her child
20, away; property line is 21 inside sidewalk, 12, from the curb;
she felt that the zoning was inappropriate; no commercial buildings
on California have parking on site, the lots are too small; this
project does not fit in with the area visually; as a resident she
wants to be able to look down the street, the building will be too
bulky, concern about the underground parking garage, the ramp going
down would be an attractive nuisance to children on bikes or
skateboards when open during the day; she was concerned about the
sale of beer, wine and sake since there is a nearby public walkway.
Leroy Friebel, 815 Edgehill Drive: lives across the street from the
site, has lived there since 1945, will have to look at the front of
this new building, he thought it would hurt his property value.
Jim Baleix, 831 Edgehill Drive: has lived there two years,
disappointed to hear this is an area in transition, it is an area
of improved residential uses, why allow an increase in lot coverage
over 50%; it is short sighted to think the trees in the parking
Burlingame Planning Commission Minutes Page 10
March 27, 1989
strip are going to be there forever somewhat covering this
building, elms have had real problems and may not hide it for long;
this is a flood zone, what precautions will be taken for the
underground garage; this project will not enhance the residential
neighborhood.
Frank Gandolfi, 825 Edgehill Drive: concerned about children going
to school, they have to cross Carolan, the railroad tracks and
California Drive now, the driveway to this building will be another
hazard; there is an emergency door on Edgehill, what about the
second story access in case of an emergency; concern about water in
the underground garage; if applicants do move from their present
location there will still be congestion on Broadway.
Warren Wickliffe, 808 Edgehill Drive: when he bought in 1969 he
thought it was a residential area and was zoned for that; in 1974
he applied for an addition in the front of his house with small
patio in front and was told he could not get any closer to the
sidewalk or the street than the plans allowed, this was farther
back than 21; he had to put sump pumps under his house, there is no
place for water to go except maybe onto California Drive and then
to the storm sewers; with their underground garage the storm sewers
and drainage systems that have been put in will take care of things
as they are but during the rainy season this project could have a
swimming pool instead of a garage.
Applicant discussed delivery trucks, presently they have one on
Wednesday, one on Thursday, two on Friday and one every other
Monday for a total of five during the morning hours. CP read
letter in opposition from John Ward, 792 Willborough Place
suggesting conditions should this application be approved. A
customer of the applicants' present store on Broadway spoke in
favor, he noted there is an old apartment building on this site
now, the new site for the store will be more convenient for
customers than the present store on Broadway.
There were no further audience comments and the public hearing was
closed.
Commission/staff discussion: the proposed use fails to comply with
four of the criteria for grocery stores which abut residential;
staff advised Commission should have reasons for waiving any of the
criteria and the Commission is voting on this use on the site, not
on the structure; the building could be put up immediately if a
permitted use were proposed; an office building could be built lot
line to lot line on four sides with a building permit.
Further Commission comment: think this is a good interim use; on
the Edgehill side the project could have been set back a little
more with minor facade change and some other minor changes which
might make it more acceptable to the neighbors, trip ends will
Burlingame Planning Commission Minutes Page 11
March 27, 1989
increase compared to a 9:00 to 5:00 office building; this is an
area of transition, sympathize with the people who live in that
area, it is zoned C-2 and once the project is built to code it's
too late, could request rezoning but would reduce the value of
their property, it's a situation where no one is going to be happy
no matter what happens.
Addressing the negative declaration, think the project does have a
negative aesthetic effect, it is bulky; concerned about what could
happen on that site as far as use is concerned, if the facade could
be toned down the effect could be much less than other uses; this
will always be a grocery store, it could grow in the future; staff
commented the conditions set limits on number of employees, hours,
etc., whoever owns the store would have to come back for a permit
amendment in order to expand the business.
Commission comment: like certain aspects of this project,
particularly the 120% of the parking being provided; it will look
different from the Edgehill side, am not sure whether it would be a
demonstrable negative effect; doubt if anything but a 15' setback
would satisfy the neighbors; there have been some engineering
questions raised which Engineering will take care of in
construction plan review; applicant has addressed the delivery
issue and proposes no access off Edgehill, tend to support the
project; this is a more acceptable proposal than what could go in
on that site; this project could be reduced and changed somewhat to
make it more acceptable; am in favor except for no setback on
Edgehill.
C. Garcia moved to recommend Negative Declaration ND -422P to City
Council for. approval and for adoption of Commission Resolution
Approving Negative Declaration. Findings were that the initial
study and comments received have been addressed, the mitigations
are adequate and will be implemented and monitored through the
normal review process of issuing the building permit and monitoring
the use permit, therefore there is no significant environmental
impact. Motion was seconded by C. H.Graham and approved on a 4-i
roll call vote, C. Jacobs dissenting, Cers Giomi and S.Graham
absent.
C. H.Graham moved for approval of the two special permits. He
found these permits were necessary to comply with the grocery store
height and lot coverage requirements, it is a very slight amount
over allowed lot coverage and the height is well below the 35'
allowed in C-2, this is a good interim use between residential and
true C-2; C-2 zoning would allow much more intensive and noisier
businesses. Motion was made with the following conditions: (1)
that the conditions of the Chief Building Inspector's February 28,
1989 memo, the Fire Marshal's March 1, 1989 memo and City
Engineer's March 17, 1989 memo shall be met; (2) that the project
as built shall conform with the plans submitted to the Planning
Burlingame Planning Commission Minutes Page 12
March 27, 1989
Department and date stamped March 7, 1989; (3) that the floor area
of the new 6,086 SF building shall be divided into 2,786 SF of
retail sales area, 3,180 SF of storage area and 120 SF of office
area with three at -grade parking stalls and 11 parking stalls in a
parking garage below grade, and access to the below grade parking
by driveway and stair shall be restricted when the business is
closed; (4) that the hours of operation of this business shall be
Monday through Saturday 9:30 A.M. to 6:30 P.M. and Sunday 11:00
A.M. to 5:00 P.M. with four on-site employees including the
business owners; (5) that the rear exit to this building shall be
designed for emergency exit only and shall not be used for
deliveries, office access or access to any other portion of the
building; (6) that all deliveries to this site shall occur between
7:30 A.M. and 9:30 A.M. and there shall be no deliveries on Sunday;
(7) that any change to the project or business as described in
these conditions shall require an amendment to this use permit and
any change to the use of the property shall also require an
amendment or new use permit; and (8) that this use shall be
reviewed in one year (April, 1990) for compliance with the
conditions of this permit and each two years thereafter or upon
complaint.
C. Garcia seconded the motion. C. Harrison moved to amend the
motion to require that the maximum height on the Edgehill side be
181. Motion died for lack of a second.
Motion to approve the special permits passed on a 4-1 roll call
vote, C. Jacobs dissenting, Cers Giomi and S.Graham absent. Appeal
procedures were advised..
12. NEGATIVE DECLARATION, SPECIAL PERMIT AND PARKING VARIANCE TO
USE A WAREHOUSE/OFFICE BUILDING FOR BATTING CAGES WITH
CLASSES AND RETAIL SALES AT 1872 ROLLINS ROAD, ZONED M-1
Reference staff report, 3/27/89, with attachments. CP Monroe
reviewed details of the request, staff review, Planning Department
comment, applicant's letter, letters of support from immediately
adjacent businesses, negative declaration prepared by staff, study
meeting questions. Seven conditions were suggested for
consideration at the public hearing.
Chm. Jacobs opened the public hearing. Terry Whitfield and Larry
Herndon, applicants, were present. They had with them a bat and
helmet of the type to be used in the batting cages. Their
comments: they try to educate the parents and children about their
knowledge of the game, give strategy tips, educate coaches; they
plan on four to five classes only on weekends; it is hoped parents
will leave to help take pressure off the children. Use of the
batting cages was explained: a fee is paid, then a helmet is put on
and with a bat the customer goes to the batting cage; instruction
is specialized, a fee is paid for this separately. Pop -a -Shot, one
Burlingame Planning Commission Minutes Page 13
March 27, 1989
of the games provided, is designed for eye and hand coordination.
There were no audience comments and the public hearing was closed.
C. Ellis moved to recommend Negative Declaration ND -423P to City
Council for approval and for adoption of Commission Resolution
Approving Negative Declaration. Findings were that the negative
declaration indicates the proposed use has the same or fewer
environmental effects as a permitted use in the same zone and there
were no public comments identifying any additional environmental
effects; in fact, the adjacent property owners supported this use
as being less intensive than a permitted use; implementation of the
conditions proposed for the use will ensure that there are no
environmental effects from this project. Motion was seconded by C.
Harrison and approved on a 5-0 roll call vote, Cers Giomi and
S.Graham absent.
C. Harrison found there were exceptional circumstances, there is no
way to provide more on-site parking, hours of operation of the
proposed use are off peak, granting of the application is necessary
for the preservation and enjoyment of a substantial property right
and to prevent unnecessary hardship, it will not be detrimental or
injurious to property or improvements in the vicinity and since
there is no change in the exterior will be compatible with the
aesthetics, mass, bulk of existing and potential uses of properties
in the area.
C. Harrison moved for approval of the special permit and parking
variance with the following conditions: (1) that the conditions of
the City Engineer's March 17, 1989 and the Chief Building
Inspector's February 23, 1989 and March 8, 1989 memos shall be met;
(2) that the 16,425 SF warehouse/office building shall be used for
a maximum of 10 batting and soft toss cages, 788 SF of retail area,
a snack bar/game area and office for the use of the employees on
site with 26 on-site parking spaces striped and maintained
including no more than 23% of the parking stalls as compact stalls
as shown on the plans submitted to the Planning Department and date
stamped March 16, 1989; (3) that the business shall be operated
from 7:00 A.M. to 10:00 A.M. for private instruction or practice
for no more than five people daily and open to the public from
10:00 A.M. to 11:00 P.M. daily, with two full time and one part
time employee; (4) that on-site instruction shall be one-on-one or
in classes not to exceed 15 individuals plus instructors; (5) that
the snack bar shall have no direct outside entrance and be designed
and used to serve only those on site to use the batting cages,
participate in group instruction or to purchase retail items
available; (6) that any change in the physical layout, number of
batting cages, size of use areas, parking layout, size of classes,
hours of operation or any other item addressed in these conditions
shall require an amendment to this use permit; and (7) that this
use permit shall be reviewed for compliance with all of its
conditions in one year's time (April, 1990) and each four years
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March 27, 1989
thereafter except in the event of a complaint which shall
automatically require review for compliance with the conditions.
Motion was seconded by C. H.Graham. Comment on the motion: usually
vote against instructional classes held in the M-1 zone but find
this proposal has a good purpose and will be good for the young
people; this will be a good environment for the many baseball
players in Burlingame.
Motion was approved on a 5-0 roll call vote, Cers Giomi and
S.Graham absent. Appeal procedures were advised.
13. NEGATIVE DECLARATION, SPECIAL PERMIT, TWO VARIANCES FOR
RESTAURANT USE AT 1461 BAYSHORE HIGHWAY, ZONED M-1
Item continued to the meeting of April 10, 1989 at applicant's
request.
FROM THE FLOOR
There were no comments from the floor.
PLANNER REPORTS
CP Monroe reviewed City Council actions at its regular meeting of
March 20, 1989 and study meeting of March 22, 1989.
ADJOURNMENT
The meeting was adjourned at 11:10 P.M.
Respectfully submitted,
Mike Ellis, Secretary