HomeMy WebLinkAboutMin - PC - 1990.05.14CITY OF BURLINGAME PLANNING COMMISSION
MAY 14, 1990 - 7:30 P.M.
CALL TO ORDER
A regular meeting of the Planning Commission, City of Burlingame
was called to order by Chairman Ellis on Monday, May 14, 1990 at
7:30 P.M.
ROLL CALL
Present: Commissioners: Deal, Ellis, Galligan, Graham,
Jacobs, Kelly, Mink
Absent: None
Staff Present: Margaret Monroe, City Planner; Jerry Coleman, City
Attorney; Frank Erbacher, City Engineer; Bill
Reilly, Fire Marshal
MINUTES - The April 23, 1990 minutes were unanimously
approved with corrections which have been made in
the numerical notation of the votes when a
Commissioner is absent.
AGENDA - It was noted Item #12, special permit for a retail
dry cleaning plant at 1501 E1 Camino Real, has
been withdrawn. Order of the agenda was then
approved.
ELECTION OF OFFICERS
C. Kelly nominated C. Graham for Chairman, the nominations were
closed and Shelley Graham elected Chairman unanimously. C. Jacobs
nominated C. Kelly for Vice Chairman, the nominations were closed
and Patrick Kelly elected Vice Chairman unanimously. C. Ellis
nominated C. Mink for Secretary, the nominations were closed and
Charles Mink elected Secretary unanimously. Commissioner Ellis
passed the gavel to newly elected Chairman Graham.
ITEMS FOR STUDY
1. THREE SPECIAL PERMITS FOR A GARAGE ADDITION AT 731
WINCHESTER DRIVE, ZONED R-1
Requests: is electricity the only utility intended for this
structure; can Commission action be by resolution and recorded with
the county. Item set for public hearing May 29, 1990.
Burlingame Planning Commission Minutes
Page 2
May 14, 1990
2. CONDOMINIUM PERMIT FOR A THREE UNIT RESIDENTIAL CONDOMINIUM
AT 1109 BAYSWATER AVENUE, ZONED R-4
Requests: is there provision for storage for owners of the
condominiums; will proposed plan affect on -street parking; how will
the on-site parking spaces be assigned; compare this application
with the one submitted previously for this site. Item set for
public hearing May 29, 1990.
3. TENTATIVE AND FINAL PARCEL MAP AND TENTATIVE CONDOMINIUM
MAP, 1109 BAYSWATER AVENUE
Set for public hearing May 29, 1990.
4. SPECIAL PERMIT FOR NINE CELLULAR TELEPHONE ANTENNAS AT 433
AIRPORT BOULEVARD, ZONED C-4
Requests: plans show cable will be covered, what will cable cover
look like from a top view. Item set for public hearing May 29,
1990.
5. PARKING VARIANCE AND TWO SPECIAL PERMITS FOR RETAIL SALES
AND CLASSROOM USE OF A WAREHOUSE AT 370 LANG ROAD, ZONED M-1
Requests: will they maintain their Daly City location, where will
sales contracts be written; further response from applicant
addressing findings for the variance, exceptional circumstances
with the property; would like a clearer blueprint; does property
have easement at the back which can be used for parking; was there
a parking study or data on parking at the time of the bus -limousine
service application for this site in early 1988, what time will the
classes be taught; history of retail sales and classes in the M-1
district and review of the permit for the existing adjacent boat
sales; what are their needs for delivery, in-house or will they
have a service, when and how frequent will deliveries occur; has
signage been discussed; address handicapped parking for the site,
can a_time limit be put on the variance. Item set for public
hearing May 29, 1990.
ITEMS FOR ACTION
6. PARKING VARIANCE TO PARK A CAMPER IN THE FRONT SETBACK AT
720 BURLINGAME AVENUE, ZONED R-1
Reference staff report, 5/14/90, with attachments. CP Monroe
reviewed details of the request, variance granted in 1988 with a
two year time limit, Planning Commission action. Three conditions
were suggested for consideration at the public hearing.
CP reviewed code regulations regarding parking of inoperative
vehicles and CA noted the city has had inquiries about this
Burlingame Planning Commission Minutes Page 3
May 14, 1990
particular vehicle ever since the previous variance was granted.
Staff further advised Condition #3 includes a time limit so that
the variance will not run permanently with the land.
Chm. Graham opened the public hearing. Applicants, Sophie and Pete
Boubare, were not present. There were no audience comments and the
public hearing was closed. Staff advised applicants had been
noticed of the hearing and were sent a copy of the staff report
with attachments, they did attend the meeting two years ago.
C. Mink moved for denial of the application, seconded by C.
Galligan and approved on a 4-3 roll call vote, Cers Ellis, Jacobs
and Graham voting no. Appeal procedures were advised. Staff will
call applicants in the morning.
7. VARIANCE TO LOT COVERAGE FOR A SINGLE STORY ADDITION AT 925
LARKSPUR DRIVE, ZONED R-1
Reference staff report, 5/14/90, with attachments. CP Monroe
reviewed details of the request, staff review, applicant's letter,
Planning Commission action. Two conditions were suggested for
consideration at the public hearing. There was a letter in support
from Martin L. Cohen, Sr., 911 Larkspur Drive.
Chm. Graham opened the public hearing. John and Marianne Saucedo,
property owners, were present. They stated other options such as
relocating in Burlingame or a second story addition have been
considered and are financially prohibitive. A Commissioner
explained that financial considerations are not applicable
findings, a finding of exceptional circumstances must relate to the
physical property itself. Diana Hollingsworth, designer
representing the property owners, commented there is no physical
problem with the lot but there is a larger side setback on the side
where the addition is proposed which will allow more space than
required between the adjacent property owner's structure and the
proposed addition, this is one of the smaller lots in the city,
lots are all the same size in this area, lots in the general area
have mixed occupancy, there are some multifamily apartment
buildings.
There were no audience comments and the public hearing was closed.
Commission comment: have a problem with 42.6% lot coverage without
acceptable variance findings, there are alternatives to this
proposal, they could add a second floor, would like to grant the
request but cannot find exceptional circumstances to justify the
variance. It was noted slightly less than one-third of the
addition would have to be removed to meet 40% lot coverage.
Further comment: the reason for lot coverage, setback, etc.
regulations is to maintain a sense of open space, neighbors'
structures are set back a certain distance from their fences and
Burlingame Planning Commission Minutes Page 4
May 14, 1990
give the appearance of open space, like the addition and wish there
was some way to support the variance request.
With the statement there are other alternatives, C. Jacobs moved
for denial of the variance application, seconded by C. Galligan.
Comment on the motion: is there a way to deny without prejudice,
perhaps a finding could be made that the illusion of open space is
an exceptional circumstance; from an aesthetic standpoint a second
story may look ugly in comparison with the rest of the
neighborhood, if trying to keep the neighborhood compatible it
might be better going with the variance procedure; things always
change, if Commission starts granting variances because of whates
in the neighborhood someone a few houses away could come in the
next day and build a second story without even coming to the
Commission; possibility of removing the front porch and making the
addition smaller; there are creative ways to do this, will support
the motion.
Motion to deny was approved on a 6-1 roll call vote, C. Kelly
voting no. Appeal procedures were advised.
8. FOUR VARIANCES FOR REAR SETBACK, SIDE SETBACK, NUMBER OF
PARKING SPACES AND PARKING DIMENSIONS TO BUILD A THREE UNIT
APARTMENT BUILDING AT 910 HOWARD AVENUE, ZONED R-3
Reference staff report, 5/14/90, with attachments. CP Monroe
reviewed details of the request, staff review, applicants' letter,
Planning Commission action. Three conditions were suggested for
consideration at the public hearing. Regarding the requirement
that the covered parking area be fire sprinklered with a system off
the domestic water supply serving the residential portion of the
structure, Fire Marshal advised there are only a few heads so this
can be accommodated by the domestic water supply.
Chm. Graham opened the public hearing. Kenneth Morando and Ronald
Mafrici, applicants and property owners, were present. Their
comments: this is a substandard lot which is an exceptional
circumstance, four variances sound like a lot but they are all due
to the narrow width of this lot. They presented photographs
depicting the on -street parking situation in the area during the
day, it is a mixed residential/commercial area and there is not a
lot of on -street parking; they have owned this property for about
three years, it is an old building with many electrical and
plumbing problems, they are trying to improve the property; in
appearance the project will match some of the older houses down the
street.
They presented petitions in support from residents at: 136 Myrtle
Road; 908, 915, 916, 918 Howard Avenue. Responding to a question
as to why they connected the building to the parking in the back,
Burlingame Planning Commission Minutes Page 5
May 14, 1990
why not leave as a carport (staff advised there would have to be a
4' clear separation), applicant stated the reason for the overhang
is to support the back part of the upper unit, they needed the
backup area so had to cantilever over the parking structure. There
were no audience comments and the public hearing was closed.
C. Deal advised he would abstain. Responding to a question, CP
stated the lots between this lot and the corner all seem to have
37-1/2' widths, lots across the street are wider.
Commission comments in support: a creative solution to a difficult
problem, adds more parking to the area than presently exists,
parking proposed should be sufficient for two small 1 -bedroom and
one 2 -bedroom units; can support the project, it is zoned R-3, is a
narrow lot, do not see how it could be developed any other way,
there is a need for more rental residential units and this is an
ideal area for it.
Comments in opposition/concerns: many properties were zoned R-3 in
anticipation of lot combinations, think this is a duplex lot,
understand people wanting the maximum from their investment, the
project is creative but it is too much for the lot, parking is a
problem and won't get better, concerned about parking variances in
this area; when dealing with the general plan and zoning of this
area the hope was the property owners would combine lots to meet
the intent of the general plan for that area, for this reason
cannot support the application; have a problem with too much
building on a lot that is to small for it, would prefer a duplex.
C. Galligan moved for approval of the application with the
conditions as outlined in the staff report and with findings that
the lot itself is extremely narrow, the proposal will add parking
spaces which presently do not exist, the addition of the spaces
will substantially positively affect the neighborhood in proportion
to the additional units which will be added. Motion to approve was
seconded by C. Ellis and failed on a 2-4-1 roll call vote, Cers
Jacobs, Kelly, Mink and Graham voting no, C. Deal abstaining.
C. Kelly moved to deny the application, seconded by C. Jacobs and
approved on a 4-2-1 roll call vote, Cers Ellis and Galligan voting
no, C. Deal abstaining. Appeal procedures were advised.
9. NEGATIVE DECLARATION AND CONDOMINIUM PERMIT FOR A 16 UNIT
RESIDENTIAL CONDOMINIUM AT 1495, 1497 AND 1499 OAK GROVE
AVENUE, ZONED R-3
Reference staff report, 5/14/90, with attachments. CP Monroe
reviewed details of the request, staff review, Planning staff
comment, applicant's letter, negative declaration, study meeting
questions, Planning Commission action. Seven conditions were
suggested for consideration at the public hearing.
Burlingame Planning Commission Minutes Page 6
May 14, 1990
Staff responded to questions: if the finished structure was taller
than 35' probably applicant would be back for a variance; final
plans will show 351, building inspector checks building under
construction, goes floor to floor, measurement usually accurate
within inches; slope in the garage which runs perpendicular to
parking stalls is within city allowances; because of the slope of
the land and the fact that height is measured from El Camino Real
the structure will be more than 35' tall on Oak Grove.
Chm. Graham opened the public hearing. Takuo Kanno, applicant and
property owner, was present. He discussed this four story proposal
with underground parking, some of the units will be slightly lower
than the street, first and second floors have 9' clear inside, he
can reduce 9' to 81 if height becomes a problem during
construction, they have 21 to use in case of any errors and the
building can stay within the 35, height; regarding slope of the
garage, it will travel 300, to 4% lower, the first ramp is a little
steeper than the city requires, it is 3.2% of the general slope of
the parking area; if that is too much he would probably start the
slope farther from property line and reduce slope on garage floor.
He noted the project meets open space requirements.
The following members of the audience spoke. William Maroney, 1493
Oak Grove Avenue: he lives next door to the project site, concerned
about an enormous hole next to his property line, drainage is not
good at best, he has a dog in the backyard and would like assurance
his fence is not broken (he was advised he should take this up with
the developer). CE advised the Building Department does review
shoring and excavation plans, the site will be shored at property
line; regarding a previous question, slope on the garage floor is
about 3.5%, CE stated he has been allowing 5%. Staff was asked if
adjacent property owners were required to pay for the cost of
shoring; staff responded there is a UBC provision regarding
responsibility based on depth, usually it is a compromise between
the adjacent property owner and developer, if they cannot reach
agreement the city goes into details on that section. CA stated it
is a statutory obligation when it gets below a certain depth, the
city has no policy regarding an adjacent property owner being
required to pay some of the cost of shoring and developer required
to pay for the. balance. CE noted the city seldom has a problem in
this regard.
Continued audience comment. Angela Guglielmoni, 714 Paloma Avenue:
stated she did not want this condominium in the neighborhood, it is
basically a single family residential area, would like to keep it
that way; it will be across the street from McKinley School, has
anyone taken the school and the school children into consideration;
the existing homes are a blight on the area but she was opposed to
the proposed condominium.
Burlingame Planning Commission Minutes Page 7
May 14, 1990
Valerie Heron, wife of the principal of McKinley School: she was
concerned about safety of the school children and wanted to ensure
their safety during excavation, a deep hole would be an attractive
nuisance to them. (CA noted that is the contractors
responsibility, in the R-3 zone an apartment building could be
built without even coming to the Planning Commission.)
Terrence Cain, 1491 Oak Grove Avenue: he was not opposed to the
construction but had concern about the project exceeding the 35,
height, if this was exceeded and they came back for a variance
wouldnIt the city have to grant it; he did not want to lose any
more light and sky.
Applicant comment: he bought this property through an agent who has
been contacting neighbors to tell them he will take care of any
damage and repair costs in the neighborhood; they will rebuild the
one car garage of neighbor on the property line, his attorney is
working on the legal document. Applicant advised there will be
individual storage areas about 5' x 5' for each unit; regarding
assignment of parking spaces, some spaces must be for guest
parking, therefore not every unit will have two spaces.
There were no further audience comments and the public hearing was
closed.
Commission discussion followed. Comments in favor: the rest of Oak
Grove on that side of the street is zoned R-3, project meets all
the condominium guidelines, negative declaration states it does not
cause a problem; the Planning Commission serves two functions, one
as Planning Commission dealing with zoning and as a board of zoning
control, applicant as met the general plan of the city and all
zoning requirements, has done his best to maximize benefits and to
provide an attractive building, Commission must be consistent and
will support the application; architect has done a beautiful job,
especially with the floor plans, it is a big building but well
within city regulations, design is much more attractive than many
other such projects in the city; have no problem with height of the
building or its size; understand concern with the height to the
rear of the proposed structure but it is adjacent to R-3,
appreciate the fact that access is off Oak Grove, the parking issue
always arises with condominiums, can support the project.
Commission concerns: concern about McKinley School and the
children's safety when excavating; project has too many units at a
place that is not desirable, it will double or triple the number of
people presently at this location, this is a busy intersection and
the project will add traffic, it meets the 35' height in front but
for the people living behind it will be 2' higher, project is too
big, would prefer three stories with fewer units; it will look
enormous, because of the slope and style of the building it is just
a big square; two bedroom units may meet minimum code requirements
Burlingame Planning Commission Minutes Page 8
May 14, 1990
but there is no on -street parking in this area, with guest parking
behind the gate it is unlikely guests will use it, with two bedroom
units it is reasonable to assume each unit will use two parking
spaces, guests will be forced to park elsewhere, with a mix of
eight 1 -bedroom and eight 2 -bedroom units one could expect part of
the on-site parking to be available to guests; possibility of
reducing number of guest spaces. (There was Commission/staff
discussion regarding guest parking policy, the reality of most two
bedroom units having two drivers, assignment of parking spaces,
perhaps this planning issue should be discussed.)
With the finding that based on the initial study and comments
received there is no substantial evidence this project will have a
significant effect on the environment, C. Jacobs moved for approval
of Negative Declaration ND -438P, seconded by C. Kelly and approved
7-0 on roll call vote.
With the statement this project meets all the condominium
guidelines and code requirements of the city, C. Jacobs moved for
approval of the condominium permit by resolution with the following
conditions: (1) that the project shall be built as shown on the
plans submitted to the Planning Department date stamped March 23,
1990 and amended May 3, 1990; (2) that the project shall meet
Uniform Building and Fire Codes as amended by the City of
Burlingame; (3) that the conditions of the City Engineers memo of
May 2, 1990, the Fire Marshals memo of April 4, 1990 and the Chief
Building Inspectors memo of April 6, 1990 shall be met; (4) that a
security system with an intercom to each unit shall be provided for
access to the designated guest parking in the garage; (5) that
three guest parking stalls shall be designated and marked on the
plans and tentative map and not assigned to a unit but shall be
owned and maintained by the condominium association; (6) that the
final inspection shall be completed and a certificate of occupancy
issued before the close of escrow on the sale of each unit; and (7)
that the developer shall provide the initial purchaser of a unit
and the board of directors of the condominium association an owner -
purchaser manual which shall contain the name and address of all
contractors who performed work on the project, copies of all
warranties or guarantees of appliances and fixtures and the
estimated life expectancy of all depreciable component parts of the
property, including but not limited to the roof, painting, common
area carpets, drapes and furniture.
Motion was seconded by C. Kelly and approved on a 5-2 roll call
vote, Cers Galligan and Graham dissenting. Appeal procedures were
advised.
Burlingame Planning Commission Minutes Page 9
May 14, 1990
10. TENTATIVE AND FINAL PARCEL MAP AND TENTATIVE CONDOMINIUM MAP
FOR 16 UNITS, PORTION LOT 8, BLOCK 7, MAP NO. 2 BURLINGAME
LAND CO. - 1495, 1497, 1499 OAK GROVE AVENUE
Reference CE's 5/14/90 memo. CE Erbacher recommended this map be
forwarded to Council for approval with one condition. C. Ellis
moved to recommend the map to Council for approval with the
following condition: (1) dedication of a 15' x 15' corner cutoff
for street and utility purposes for future curb return widening.
Motion was seconded by C. Jacobs and approved on a 5-2 roll call
vote, Cers Galligan and Graham voting no. Staff will forward to
Council.
11. TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION, PORTIONS
OF LOTS G AND F, BLOCK 10, MAP NO. 2 BURLINGAME LAND CO. -
1412 -1416 CHAPIN AVENUE
Reference CE's 5/14/90 memo. CE Erbacher advised the map merging
these two lots is complete and ready to go to City Council with one
condition. C. Ellis moved to recommend the map to Council for
approval with the following condition: (1) a condition of
development shall be placed on the map requiring, upon issuance of
a building permit on the combined site or within two (2) years,
whichever comes first, that the owner shall design to city approval
and shall remove and replace all curb, gutter and sidewalk fronting
the site or enter into a bonded agreement to do same. Motion was
seconded by C. Galligan and approved 7-0 on roll call vote. Staff
will forward to Council.
Recess 9:15 P.M.; reconvene 9:25 P.M.
12. SPECIAL PERMIT - RETAIL DRY CLEANING PLANT - 1501 EL CAMINO
REAL, ZONED C-1
Item withdrawn at the request of the applicant, Dryclean USA
(reference May 11, 1990 letter from Gary Cohn).
13. NEGATIVE DECLARATION, TWO SPECIAL PERMITS FOR RESTAURANT AND
SECOND FLOOR REAL ESTATE OFFICE USES AND A PARKING VARIANCE
AT 347 PRIMROSE ROAD, ZONED C-1 BURLINGAME AVENUE COMMERCIAL
AREA, SUB AREA A
Reference staff report, 5/14/90, with attachments. CP Monroe
reviewed details of the request, code requirements, staff review,
applicant's letters, negative declaration, study meeting questions,
Planning Commission action. Six conditions were suggested for
consideration at the public hearing. Letters received after
preparation of the staff report were noted: from Walter Kentzler,
in business at 401 Primrose Road (in support) and from Jeff
Silverman, Wanda's U. K. Hair, 1410 Burlingame Avenue.
Burlingame Planning Commission Minutes Page 10
May 14, 1990
Discussion: CBI's requirement to provide a parapet at the west
wall; the status of the rear 10' of the lot (CP advised it was a
private easement); appearance of a four hour wall; applicant would
be required to get a use permit for a restaurant even if this were
a new building on a vacant lot, 'restaurant' meets the definition
of 'eating establishment' in the code; if a restaurant in Sub Area
A were to expand they would be required to provide parking to code,
all eating establishments in Sub Area B require parking to code;
staff had assumed the patio area depicted on the plans might be
used for restaurant purposes, suggest ask applicant.
Chm. Graham opened the public hearing. Maurice Cohn, father of the
applicants, Steve and Gary Cohn, addressed Commission: he has been
in Burlingame for 35 years, he spoke of the pleasant character of
the city and its downtown, in 1978 he developed Library Plaza at
401 Primrose Road, he is still there and takes pride in providing
small service businesses in the area, his sons wish to do the same
with this proposal.
Gary and Steve Cohn were present. Steve Cohn addressed Commission:
he discussed their purchase of this property, noted two
alternatives for development considered and introduced their
architect, Bob Sauvageau. Mr. Sauvageau discussed the extensive
renovation which would be needed to use the existing building.
Steve Cohn noted the excessive cost of restoration and the fact a
that rental of the building would be insufficient to support the T
restoration. They looked at alternatives: one, a new building
which would cover the entire site rented to two or three tenants,
this would be feasible economically and could be done without a
permit from the Commission. They were approached by a restaurateur
and determined from the city that one downtown restaurant slot was
available. Citizens were concerned about removal of the building
so they looked at a second alternative, the present application:
remodel the old home and make an addition. With small street
frontage and lack of foot traffic on Primrose at that location they
felt retail rental would not warrant the addition and renovation,
they did feel a high class restaurant could afford the rent. They
have tried to obtain legal access to the rear, there is no legal or
safe way to provide the parking for the second floor real estate
office use. Therefore they need a special permit for a restaurant
and for the real estate office on the second floor as well as a
parking variance for the second floor use.
The previous occupancy of the second floor was four people, their
proposal is one business with only two employees; their real estate
business is development oriented and they rarely meet clients in
the office, have never hired another employee or office help. The
ground floor of the existing house has good frontage and would be a
good location for a retail store; they would want an upscale type
restaurant for the ground floor restaurant use, have discussed the
floor plan with two other restaurateurs, there will be no take-out
Burlingame Planning Commission Minutes Page 11
May 14, 1990
food. Mr. Cohn advised they are sensitive to the parking situation
in downtown Burlingame; their parking study indicated that at the
peak hour of 12:30 P.M. there were a large number of spaces
available to the public in the downtown area, a retail oriented
building would demand more spaces than a smaller restaurant.
He concluded his remarks by noting benefits to the city from the
proposed project: saving and restoring a part of the heritage of
the city, renovation and addition would result in a smaller
structure than a new building on this site, it will provide
attractive landscaping in front rather than covering the whole
site; an elegant evening restaurant instead of daytime stores would
have lower impact on parking, city will have a restored building
which it can be proud of. He pointed out that demolishing the
building would be the easiest and most economical way to proceed.
For the record, referring to applicant's figures on occupancy of
the existing building, a Commissioner stated when it was occupied
there were two full time and two part time people upstairs, one
part time only came in on Saturday morning; there was no one
upstairs after 5:00 P.M. and no one on Sunday; downstairs there was
one full time employee, a total of three full time and two part
time people; only the Pot Carrier was open on Saturdays except for
occasional drop -ins; on weekends the number of visitors was
probably no more than 25, on a big Saturday perhaps 35-40. Less
than 18 months ago this Commissioner had discussed what could be
done with the building with the owner of the Pot Carrier who was
also a part owner of this property, they had arrived at a figure on
the rental of $1.75 per square foot, they were aware of the
renovation that would be required.
Applicant responded to Commission questions: architect was trying
to show the feel of the building with his illustration of tables in
the patio area, they are not planning on having tables, the
restaurant might be interested in this during the summer; he had no
problem with CP's assessment of the number of people in the seating
arrangement, would have a problem with the number of parking spaces
needed. The upscale restaurant would be evening oriented, also
open for lunch, bulk of their business would be evening,
restaurateurs liked the Victorian building. Architect spoke to the
construction of north wall to meet today's codes, visibility of
that wall is negligible; regarding conditions in the staff report
and April 30, 1990 memo of the CBI, they have every intention of
meeting all applicable 1988 UBC requirements and city ordinances,
would prefer not to be so specific, would like to have flexibility,
they are not asking for anything that is not allowed in the code.
Suzy Jackson, Stephens Real Estate, 405 Primrose Road stated she
had this property listing, did check with the city regarding code
regulations, she was told the building could be demolished and a
structure built lot line to lot line; there was discussion about
Burlingame Planning Commission Minutes Page 12
May 14, 1990
keeping the existing building, if the Cohns are willing to work
with the existing structure it will please a lot of people.
The following members of the audience spoke in opposition. Joe
Bergeron, 520 E1 Camino Real, San Mateo: he thought the Cohns were
paying too much for the building and would not get the return they
want, they need on-site parking because they want a real estate
office upstairs, with the variance they are asking Commission to
withdraw three downtown parking spaces; a restaurant is a use which
can be placed there but Commission has the right to refuse to allow
a restaurant, applicants are asking for the last available
restaurant slot in this area without a commitment from an
identified restaurant. (CA commented that is the way the city's
restaurant allocation system works.)
Mr. Bergeron continued: applicants' father indicated because this
parcel is off the beaten path, not on Burlingame Avenue, it can't
sustain itself without the proposed development yet his Library
Plaza has been successful and is farther off the beaten path. Lack
of street frontage has not hurt the Arcade and Fox Plaza each of
which are successful. The configuration applicants proposed is a
self-imposed problem if they put in real estate. There are
inconsistencies in the text of the application, they indicate major
use of the restaurant would be in the evening, not at lunch time,
but projected number of visitors indicates a higher number at lunch
time than after 5:00, most lunch people will be there from 12:00 to
2:00 P.M.
Mr. Bergeron questioned their figures on maximum number of
employees on site at one time, he has had some experience in the
restaurant business, the numbers they have given are inadequate to
support the application, no consideration has been given to people
who are waiting to be seated; parking for the restaurant use will
be compressed into two time frames, lunch and dinner, retail would
be spread throughout the day. Regarding applicants' real estate
business, although they may have no clients coming to their office
there could be a stream of architects, engineers and financial
people. In regard to the variance request, preservation and
enjoyment of a property right of the owners is not applicable at
this time, escrow has not closed so their obligation to buy this
property is contingent on their getting what they want, it is not
the responsibility of the city to bail them out. If the city is
inclined to grant the request "upscale" restaurant should be
defined.
Lawrence Romani, 25 Santa Rosa Avenue, San Francisco: he owns the
property immediately to the north, would Commission approve the
project if the applicants were not using his property to get out of
their property, he was amazed at the size of the project, the
amount of traffic it would generate and size of the building; how
can anyone assume that the 10' x 40' easement which he owns can be
Burlingame Planning Commission Minutes
Page 13
May 14, 1990
used by someone else as a part of their business; this property has
been in his family for 60 years, he was concerned about safety of
his building during construction, his property is at 355 Primrose
100' x 40' with 10' easement behind which gives access to Chapin,
he has not given permission to anyone to use his easement, could
decrease the value of his property if there were access to the rear
door of a restaurant; would the proposal be approved without his
giving up his easement rights.
Marina Torello, 1145 Drake Avenue: her family owns 359-363
Primrose, the brick building on the corner; they were approached by
the applicants for nonexclusive easement rights without demand
monetary or otherwise; her family has been in this area since the
early 1900's and have never had problems with their neighbors; can
applicants build this project which will affect her property
without this easement, they will not grant them easement rights and
will get an attorney to protect their right. CA,comment: there is
a 10' private easement across the backs of properties from Chapin
to the back of the subject property, this is not a matter that the
city should get involved in. Mr. Bergeron presented a map
illustrating the area being discussed and commented if no easement
is granted at the rear trash will have to be put in the front part
of the lot. CE stated if the easement is not forthcoming he would
want modification of the plans to include good accommodation of
trash.
Kathy Crume, San Mateo, representing the five retail stores on the
corner of Chapin and Primrose: this project would cut off foot
traffic to these stores, in the past when they wanted to put in
something other than retail stores they found they couldn't,
concern these stores on the corner may be put out of business.
Mr. Romani commented again: the deeds of property for Burlingame
are on file in the Redwood City assessor's office, if there is any
question as to who owns what it can be determined by checking those
records.
Valerie Heron, Fox & Carskadon, representing the Torello family:
when they sold the Library Plaza site to the Cohns they had trouble
selling because of the parking variance required, she questioned
why one family'oan get parking variances when it is so difficult to
find parking in downtown Burlingame, she was concerned about giving
a variance to another real estate office. She stated the easement
does belong to Mr. Romani, the Torello family did deed this to him
for no fee, probably done on a handshake. Steve Cohn told her to
inform her clients they should grant the easement to the Cohns, if
they had to fight it in court it would be more expensive; they have
of necessity hired an attorney, it is a concern for future
development of adjacent properties.
Burlingame Planning Commission Minutes Page 14
May 14, 1990
Speaking to Mr. Bergeron's comment that Library Plaza has been
successful and why not do the same on this site, Steve Cohn noted
the two buildings cannot be compared, they are different in square
footage, Library Plaza is on a corner and very visible, this
project has only a 10' structural property line frontage, cannot
have retail and afford the renovation; they spent hours talking to
restaurateurs discussing number of employees, customers and hours,
etc., they know what will work as far as a restaurant is concerned,
restaurateurs commented that the floor plan would work and they
liked the concept of an open courtyard. They have $80,000 in
escrow, think the proposed project will work and the community will
like it; but if this project cannot be approved they will build a
single story retail building which will not require any permits or
variances; they would rather go with the proposed project.
Regarding clarifying the easement, the Torellos own the easement
which runs behind 347 Primrose, Mr. Romani has an easement over the
alley, they are working on trying to get some access in the
easement. If they can't gain this access they will provide a trash
area under the front porch, it would not be visible and would be
supplied with metal cans. Mr. Cohn addressed a speaker's concerns
about isolation of the stores on the corner from foot traffic, he
believed the restaurant would bring more people to these stores.
Regarding variances, Library Plaza did not require a variance; he
advised he and his brother will be leaving their office at Library
Plaza and hope to move to the second floor of this project.
There were a few further comments regarding the easement, CA
reiterated that the city is not involved in this matter. There
were no further audience comments and the public hearing was
closed.
Commission discussion followed. Concerns were expressed about
parking, if a restaurant could be open weekends and evenings would
not be concerned, parking problem will occur at noon, made an
inspection of the area on Saturday and there was available parking
then, how can the city give this much parking to this restaurant;
care about the concern regarding the easement, would like to get
that situation straightened out; not happy about the parking issue,
project will take much of the available parking which won't be
there that much longer, in another year the city will need another
parking structure.
Commission comment: it's a good looking building, would like to
approve a nice restaurant downtown; applicant's request is for a
three space parking variance for the real estate office upstairs,
passed by the property this evening, there was parking available on
street and the new parking structure was almost empty at 7:00 P.M.,
prime dinner hour; during the day there will always be parking
problems whatever is put on this site, if there is a real problem
the restaurant will not survive; applicant has done everything
Burlingame Planning Commission Minutes Page 15
May 14, 1990
possible to maintain the look of the old building, he could put up
a structure which would destroy a beautiful piece of property;
imagine Mr. Bergeron was representing one of the local restaurants,
most other audience comments were concerned with the easement; do
not believe. foot traffic will be taken away from the retail stores
on the corner.
CE proposed a 7th condition to address trash storage in the front;
responding to a question, CP stated deliveries would be made to the
front. Commission comments: would like a condition limiting number
of employees in the real estate office on the second floor to two
(note: this has been included in the suggested conditions), think
the number of visitors projected for dinner are low with two
seatings but there is no parking problem at that hour, the parking
crunch is at lunch time, would feel uncomfortable mandating an
'upscale' restaurant as a condition, the proposal is a compromise
to keep an historic building in a way that is compatible with the
present economic circumstances; restaurant may not be the highest
and best use but probably is the most lucrative, would like to see
the facade of the old building retained, one will see it when
driving down Donnelly; there has been discussion about the desire
to save a little piece of Burlingame history but this can't be done
without implementing legislation.
Comments continued: like the appearance of the building, it fits in
well with the street, is a good use for the property; agree that
parking will be an issue but the city set a limit on number of
restaurants in the downtown area and this is within that number,
the restaurant it will be replacing had only nine seats, not an
equal replacement, perhaps in five years a large restaurant will be
replaced with a much smaller one; this project will be saving the
openness of the property, not the building, in the architect's
rendering one can see very little of the existing building; can
live with the restaurant, there will be impacts, more concerned
with limiting number of employees of the real estate office; in
other parts of the city for other uses there are continued
nonconforming uses, in this case there was a real estate office on
the site and this would be swapping one realtor for another, when a
nonconforming use is abandoned it is difficult to get it back
(staff noted nonconforming uses can continue until a building is
improved up to "50% of its value or the use leaves, this particular
improvement exceeds that).
Have not heard anyone say the building must be saved; it's a
beautiful little building, like the approach of the applicants in
keeping the open feeling; am not 100% pleased but the alternative
pleases me even less, it is the nicest retail block in Burlingame,
this would be a nice addition; since this is the last restaurant
slot available there won't be any more immediately, the project
will improve the atmosphere of the street, it has the potential to
be better on parking than three retail stores. The Chair addressed
Burlingame Planning Commission Minutes Page 16
May 14, 1990
those members of the audience who spoke about the easement to the
rear, she hoped no one took offense but this is not a matter for
the Commission, it is a private matter.
C. Galligan moved for approval of Negative Declaration ND -436P with
findings and for approval of the application for two special
permits for a restaurant and second floor real estate office uses
and for a parking variance with the findings indicated in the staff
report for the negative declaration, use permits and variance by
resolution with the conditions in the staff report and an
additional condition related to provision of a garbage storage
area. He found exceptional circumstances for the variance in that
office uses have existed on this site for a long period of time and
by granting the variance for the real estate office it will
actually reduce and mitigate the access impacts previously caused
by the property.
Conditions are as follows: (1) that the project as built shall
conform to the plans submitted to the Planning Department and date
stamped April 23, 1990 with 3,000 SF of first floor area for
restaurant use, 806 SF of second floor area for office use and 806
SF of first floor area for retail sales use; (2) that the
conditions of the Chief Building Inspector's April 30, 1990 memo,
the City Engineer's April 30, 1990 memo, the Fire Marshal's April
24, 1990 memo and the Director of Parks' April 16, 1990 memo shall
be met and that prior to issuance of a building permit the Director
of Parks shall approve the method for protecting the trees in the
planter strip and shall inspect the work regularly to see that the
provisions protecting the trees are maintained and that the trees
are protected; (3) that the office and retail sales areas shall be
open from 7:00 A.M. to 9:00 P.M. seven days a week and the
restaurant shall be open from 7:00 A.M. to 12:00 midnight seven
days a week; (4) that the use of the second floor office area shall
be limited to one real estate business with a maximum number of two
employees and no part of the second floor office area shall be used
for dwelling purposes; (5) that there shall be no change in the
uses or square footages of the floor area used by these uses in
this building including the addition without amendment to this use
permit; (6) that this use permit shall be reviewed for compliance
with these conditions in two years (May, 1992) and each two years
thereafter or..upon complaint; and (7) that an enclosed and
ventilated garbage storage area be identified at the front of the
site and that garbage cans shall be kept in the storage area until
such time garbage is picked up; upon pick-up cans shall then be
returned to the storage area.
Motion was seconded by C. Kelly and approved 6-1 on roll call vote,
C. Jacobs dissenting. Appeal procedures were advised.
Burlingame Planning Commission Minutes Page 17
May 14, 1990
FROM THE FLOOR
There were no audience comments.
PLANNER REPORT
CP Monroe reviewed City Council actions at its May 7, 1990 regular
meeting.
ADJOURNMENT
The meeting was adjourned at 11:35 P.M.
Respectfully submitted,
Charles W. Mink
Secretary