HomeMy WebLinkAboutMin - PC - 1991.08.12CITY OF BURLINGAME PLANNING COMMISSION
AUGUST 12, 1991
CALL TO ORDER
A regular meeting of the Planning Commission, City of Burlingame was
called to order by Chairman Kelly on Monday, August 12, 1991 at 7:33
P.M.
ROLL CALL
Present: Commissioners Deal, Galligan, Jacobs, Kelly
Absent: Commissioners Ellis, Graham, Mink
Staff Present: Margaret Monroe, City Planner; Jerry Coleman, City
Attorney; Phil Monaghan, Associate Civil Engineer
MINUTES - The minutes of the July 22, 1991 meeting were
unanimously approved.
AGENDA - CP noted Item #7, temporary address 970 David Road, has
been continued and Item #8, 445 Chatham Road, has been
withdrawn. Order of the agenda was then approved.
ITEMS FOR STUDY
1. SPECIAL PERMIT AMENDMENT TO EXPAND REAL ESTATE OFFICES AT 400
PRIMROSE ROAD, ZONED C-1, SUB AREA B
Requests: who owns and uses parking to the right of this site; parking
study of the area other than Tuesday at 9:00 A.M. and 12:00 Noon,
preferably on the day of their weekly meeting; applicant mentions there
are 40 people in this office, who are they, if more than sales agents
maximum number of existing employees; referring to applicant's letter
stating two real estate agencies have moved out of the area and two
have expanded, who moved out of the area and which two expanded, what
type of expansion; clarify figures for number of people on site at one
time. Item set for public hearing August 26, 1991.
ITEMS FOR ACTION
The Chair advised appeal procedures and noted the City Council meeting
of August 19, 1991 has been canceled, therefore the appeal period will
end September 4, 1991 (Wednesday).
2. REAR SETBACK AND LOT COVERAGE VARIANCES, PARKING VARIANCE FOR
COVERED STALL AND DIMENSION OF UNCOVERED STALL AT 1003 CHULA VISTA
AVENUE. ZONED R-2
Reference staff report, 8/12/91, with attachments. CP Monroe discussed
details of the request, staff review, applicant's letter, study meeting
Burlingame Planning Commission Minutes Page 2
August 12, 1991
questions, required findings. Three conditions were suggested for
consideration at the public hearing.
Chm. Kelly opened the public hearing. Verne Freer, designer,
representing Noriko Yui, property owner, was present. His comments:
the addition as proposed is well within the limit of existing lot
coverage, it is in the rear of the structure and although higher it
will not be visible from the street, side view is blocked by duplexes
on either side, the reason for the 12' rear setback on the second floor
rather than 15' is floor framing, it would require putting in a beam
and then it would exceed height limitations. There were no audience
comments and the public hearing was closed.
Commission discussion/comment: the 47.3% lot coverage appears greater
on this lot; the rear setback variance would not be required if the
second floor addition were set back 151, if the lot coverage variance
were granted this property would be entitled to 47.3% lot coverage
thereafter and would no longer be nonconforming; do not have a problem
continuing this nonconforming use but Commission is not required to
grant the variance in order to approve the project; with a new project
an applicant could make a good case for excessive lot coverage because
of the width of the lot, it is 34' wide, have no problem with the lot
coverage variance at 47.3%; do have a problem with the rear setback at
121, it already encroaches 3' into the required 15' setback; the
proposed second floor will be the most visible part of the structure,
would be in favor of a 12' setback for the first floor but requiring
15' for the second floor addition, otherwise the properties on each
side will be adversely affected with reduction of light and air.
Comment continued: could accept the 12' setback in view of the
applicant's remarks about cost if 15' were required; the span is not
that great, would perhaps add $500 to the cost.
With the statement she had a concern about increasing a nonconforming
structure, there is,a lot on the site for an R-2 property, once
approved it will be legal, Commission would be sending the wrong
message to an R-2 street, cost is not an issue, there is nothing
exceptional about this property, C. Jacobs moved for denial of the
application, seconded by C. Kelly.
Comment on the motion: the 34' width of the lot is exceptional and with
the setbacks area is more limited; the site does not seem to have a
parking problem nor does the neighborhood; did have a concern about lot
coverage but what's there is there, it will not get any larger in terms
of lot coverage, let's see what the impact would be of adding living
space to this unit; over the years people on this street have
complained about parking, adding a bedroom and bath will result in
adding a larger family. Staff advised there would not be enough on-
site parking to add another bedroom after the proposed addition, this
would require a variance.
Burlingame Planning Commission Minutes Page 3
August 12, 1991
Application was denied on a 2-2 roll call vote, Cers Deal and Galligan
dissenting, Cers Ellis, Graham and Mink absent, four votes are required
to pass a motion. Appeal procedures were advised.
3. NEGATIVE DECLARATION AND CONDOMINIUM PERMIT FOR AN EIGHT UNIT
RESIDENTIAL CONDOMINIUM AT 1103 DOUGLAS AVENUE, ZONED R-4
Reference staff report, 8/12/91, with attachments. CP Monroe reviewed
details of the request, staff review, applicant's letter, study meeting
questions. Eight conditions were suggested for consideration at the
public hearing.
Chm. Kelly opened the public hearing. John Lee, architect representing
the property owner, Herb Strange was present. Responding to a question
about furnaces and water heaters being illegally located in a bedroom
closet in the upper units, Mr. Lee advised he would redesign so that
these closet doors would open from the outside, this would solve the
problem.
There were no audience comments in favor. The following spoke of their
concerns and/or opposition. Juliette Lenkert, 1137 Douglas Avenue:
there are many multiple family dwellings on Douglas, everyone has two
cars, there is an on -street parking problem; she was concerned about
another sump pump on the street, will it bring more water out to the
street; the pump is continuous and very noisy for adjacent property
owners; concern about noise generated by the security gate; where will
the garbage collection and recycling cans be located. Staff advised
the sump pump and garbage room will be below grade in the garage.
Herman Katz, owner of 1110 Douglas Avenue: he objected to eight units,
Douglas is one of the busiest streets in the city, with a small market
and the Red House Antiques shop at the corner, Fire Department uses
this block frequently for access between California Drive and E1 Camino
Real; this development will bring at least 16 more cars to the area,
there is no on -street parking now. A Commissioner advised this area is
zoned for condominiums and the general plan designation is multiple
family. Mr. Katz did not believe this lot in this area at this
intersection was appropriate for an eight unit condominium.
W. D. Weaver, 1101 Douglas Avenue, owner of the Red House Antiques: he
will be the victim of this development next door, he was hoping to go
solar with his house but the proposed structure will put him in shadow;
proposed driveway will be next to his living space, auto lights will be
a problem; the proposed height is excessive, the structure will be
overbuilt for the area. There were no further audience comments and
the public hearing was closed.
C. Galligan pointed out that this application is for a condominium
permit, that is the only reason it is before Commission this evening,
an apartment building could be constructed with a building permit with
no permit from the Planning Commission if it met zoning code
Burlingame Planning Commission Minutes Page 4
August 12, 1991
requirements; the proposed condominium meets all zoning code
regulations for the area. C. Galligan moved for acceptance of the
negative declaration and approval of the condominium permit by
resolution subject to the eight conditions in the staff report.
Commission discussed the condition regarding parking which included a
stipulation that no spaces in the garage shall' be leased separately to
any off-site user. One Commissioner objected to this requirement, she
noted some people do not have cars or have only one car, how can
Commission require this of this building when it doesn't require it for
other buildings in other zones, question if this is the city's
business. Another Commissioner said his concern was the parking
formula and meeting critical parking needs, this parking must be for
the development itself, he did not want to prohibit any reasonable use
of the parking but did not want local residents in the area to be
adversely impacted if someone wanted to rent these spaces, he hoped the
condominium association could work this out.
Further comment: the difference between an apartment house parking and
a condominium is that apartment spaces are often unassigned,
condominiums have specifically assigned spaces, it is clear the city
has an on -street parking problem, at least in this condominium complex
with the condition that spaces shall not be leased separately to off-
site users the owners will recognize they have an obligation to the
neighbors. A Commissioner did not believe this type of condition
should start with a condominium on Douglas, she could agree to a
condition that the three guest spaces never be rented, parking for the
units is owned by the property owners, they should have the right to
rent that space if they wish.
C. Deal seconded the motion and suggested two additional conditions:
that the furnaces and water heaters be placed in a legal compartment
before a building permit is issued, and that a silent auto warning
system be installed at the access ramp. Maker of the motion had no
objection to these additional conditions and, in view of a
Commissioner's feeling about the condition regarding parking, he would
be willing to eliminate the part of Condition #5 stating that parking
spaces shall not be leased separately to any off-site users. The
seconder agreed with amendment of Condition #5.
Conditions of the motion follow: (1) that the project shall be built as
shown on the plans submitted to the Planning Department and date
stamped August 2, 1991 Sheets A-1 through A-5 and Tentative Map Sheet
1 date stamped August 1, 1991; (2) that the conditions of the Fire
Marshal's August 5, 1991 memo, the City Engineer's August 2, 1991 memo
and the Director of Parks' August 5, 1991 memo shall be met; (3) that
a security system with an intercom to each unit shall be provided at a
location approved by the City Engineer and provide access to the
designated guest parking in the garage; (4) that the 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
Burlingame Planning Commission Minutes Page 5
August 12, 1991
maintained by the condominium association; (5) that the below grade
parking garage shall be designed to city standards and shall be managed
and maintained by the condominium association to provide parking at no
additional fee, solely for the condominium owners and their guests, and
no portion of the parking area and aisles shall be converted to any
other use than parking; (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; (7) that the developer shall provide
the initial purchaser of each unit and to 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; (8) that the project
including access requirements shall meet Uniform Building and Fire
Codes as amended by the City of Burlingame; (9) that the furnaces and
water heaters shall be shown to be placed in a legal compartment before
a building permit is issued; and (10) that a silent auto warning system
shall be installed at the access ramp.
Motion was approved on a 4-0 roll call vote, Cers Ellis, Graham and
Mink absent. Appeal procedures were advised.
4. TENTATIVE CONDOMINIUM MAP, PORTION OF LOT 8, BLOCK 4, BURLINGAME
LAND CO. NO. 2. 1103 AND 1105 DOUGLAS AVENUE
Reference staff memo, 8/12/91, with attached map. C. Galligan moved to
recommend this tentative condominium map to City Council for approval
with the following conditions: (1) that a parcel map to combine the two
lots be brought before Planning Commission and Council and be filed
prior to issuance of the building permit; and (2) that at least one of
the existing dwelling structures be removed prior to the filing of the
lot combination parcel map. Motion was seconded by C. Kelly and
approved 4-0 on roll call vote, Cers Ellis, Graham and Mink absent.
Staff will forward to Council.
5. SIGN EXCEPTION FOR HEIGHT AND AREA TO CHANGE THE COPY ON AN
EXISTING SIGN AT 1095 ROLLINS ROAD. ZONED C-1
Reference staff report, 8/12/91, with attachments. CP Monroe reviewed
details of the request, staff review, applicant's letter, required
findings. Two conditions were suggested for consideration at the
public hearing.
Chm. Kelly opened the public hearing. Donald Olsen, architect
representing Celtic Restaurant Group, Inc., was present. He presented
a photograph showing other large signs in the area and advised the
Velvet Turtle spent considerable money maintaining this sign before
Vanessi's took over the site, they are upgrading the restaurant,
painting the building a taupe color, background of the sign will be the
Burlingame Planning Commission Minutes Page 6
August 12, 1991
darker taupe. There were no audience comments and the public hearing
was closed.
With the statement this sign has been there for many years and it is in
an area which has other large signs, C. Jacobs moved for approval of
the sign exception 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 19, 1991 and only the face of the sign
shall be changed; and (2) that the project shall meet Uniform Building
and Fire Codes as amended by the City of Burlingame. Motion as
seconded by C. Galligan and approved 4-0 on roll call vote, Cers Ellis,
Graham and Mink absent. Appeal procedures were advised.
6. SPECIAL PERMIT FOR HEIGHT AND PARKING VARIANCES FOR A FOUR STORY
COMMERCIAL RETAIL/OFFICE BUILDING WITH TWO LEVELS OF PARKING BELOW
GRADE AT 1800 EL CAMINO REAL ZONED C-1
Reference staff report, 8/12/91, with attachments. CP Monroe reviewed
details of the request, history of projects proposed for this site from
the early 1980's on, environmental review, staff review, applicant's
letter, study meeting questions, required findings. Fifteen conditions
including environmental mitigations were suggested for consideration at
the public hearing. A Commissioner suggested the 4' solid fence might
be better at 51.
Chm. Kelly opened the public hearing. Merrill Jew, architect
representing Mitzi Lee, property owner, was present. He advised they
have been working with Chevron for the past year and a half to clean up
the toxic conditions on the site, this is about completed and they want
to proceed with the project. There were no audience comments and the
public hearing was closed.
Staff confirmed parking requirement for medical offices is 1:250,
regular office requirement is 1:300. Commission discussion/comment:
see no problem with the variance for parking aisle widths, this site
has exceptional circumstances, without the variance they could get very
little parking into that area; would like more Commission discussion
regarding the variance for compact stalls, they are using. them to
justify a larger building. Regarding the wall, 2-1/2' tall with 1'
planter isn't very tall, they will have a maintenance problem, would
suggest a 5' tall wall with some type of planting growing on it,
perhaps a vine growing from the ground on the other side, they could
put planter boxes on top or get permission from the next door property
owner to plant on the other side. Would like to see a 5' wall and some
type of landscaping that could grow up the wall, this would help to
soften the impact and noise.
Further comment: essentially this project was approved with parking
variances in July, 1988, there are more and more projects which include
a greater percentage of compact spaces as the number of compact cars
Burlingame Planning Commission Minutes Page 7
August 12, 1991
increases, am not concerned about allowing more compact stalls; there
are not many cars today which can't fit into those spaces.
C. Deal moved for approval of the special permit for height and parking
variances with findings as stated in Commission discussion this evening
by resolution with the conditions in the staff report and amendment of
Condition 14 addressing the wall and vegetative screening. Conditions
follow: (1) that, as built, the project shall conform with the plans
submitted to the Planning Department and date stamped June 18, 1991;
(2) that plans submitted to the Building Department shall include cross
sections of the ramps and parking levels showing grade, building
height, ramp slope and a minimum vertical clearance of 8'-6" to handicap
vehicle stalls; (3) that the conditions of the Chief Building
Inspector's memo of July 11, 1991, the Fire Marshal's memo of June 24,
1991 and the City Engineer's memos of July 3, 1991 and June 28, 1988
shall be met; (4) that the applicant shall place a 5' concrete masonry
wall on the property line adjacent to the convalescent hospital with
vegetative screening, that approval be sought from the adjoining
property owner so that this vegetative screening can grow through the
wall to the other side, an irrigation system approved by the Parks
Department shall be installed in the planting areas and maintained by
the property owner; (5) that the roughest possible surface shall be
placed on the floor of the parking garage and access ramps to reduce
the squealing of car tires as they move around these areas;
acceleration speeds up and down ramps shall also be regulated to reduce
the noise of cars accelerating; speed enforcement shall be the
responsibility of the project developer, property owner and on-site
manager; (6) that as part of this project the developer shall make off-
site improvements to the sewer collection system and wastewater
treatment plant as required by the Public Works Department and shall
pay all city facility connection and improvement fees required; (7)
that the developer shall provide a bus shelter and concrete pad
adjacent or near the site at a location specified by SamTrans, CalTrans
and the city and apply to remove on -street parking adjacent to the site
as well as apply for on -street commercial and passenger loading zones
adjacent to the site on the frontage road; (8) that the Metropolitan
Transportation Commission (MTC) commute alternatives recommended for
employee population of up to 200 or city required Transportation
Systems Management (TSM) program shall be implemented by the developer;
the City Engineer shall approve the transition grade from the access
ramps to the sidewalk and parking stalls shall be put under ramps only
when legal clearances are met; (9) that, because of the noise sensitive
adjacent site, during construction all engines shall be muffled to
state standards, centralized saw and fabrication area shall be located
on the site on the west side of the building, construction hours shall
be coordinated with the convalescent hospital and city, and noisy
activities shall not occur on the weekends; (10) that a "no hazard"
determination shall be received from the Federal Aviation
Administration; (11) that dust generated during construction shall be
controlled by an effective watering or other program approved by the
City Engineer; the vacant area behind the liquor store shall be used as
Burlingame Planning Commission Minutes Page 8
August 12, 1991
a staging area during construction; (12) that refuse for the project
shall be placed in a trash enclosure on the E1 Camino Real side of the
building and shall be picked up from the El Camino frontage road; (13)
that the applicant shall submit a signed statement to the City of
Burlingame indicating that he has reviewed the November, 1990 Hazardous
Waste and Substance Sites list published by the State of California
Office of Planning and Research and note that this site appears on this
list; (14) that the San Mateo County Department of Public Health,
Environmental Health Division, shall approve the plan for
decontamination of the site and shall oversee its execution prior to
commencement of construction and the Burlingame Fire Department shall
approve both the cleanup plan and the execution of the plan; and (15)
that the final plans as approved by the city shall address all
requirements of the Uniform Building and Uniform Fire Codes as adopted
by the city prior to commencement of construction.
Motion was seconded by C. Galligan and approved 4-0 on roll call vote,
Cers Ellis, Graham and Mink absent. Appeal procedures were advised.
7. SPECIAL PERMITS AND VARIANCES FOR PARCEL APN 025-272-169
(TEMPORARY ADDRESS 970 DAVID ROAD)
Continued to the meeting of August 26, 1991.
8. SPECIAL PERMIT FOR ACCESSORY STRUCTURE - 445 CHATHAM ROAD
Application has been withdrawn.
FROM THE FLOOR
There were no comments from the floor.
Commissioners requested the matter of leasing required parking to off-
site users and the issue of number of compact spaces be discussed at a
later date.
PLANNER REPORTS
CP Monroe reviewed Council actions at its August 5, 1991 meeting.
Proposed Revisions to Fence and Hedge Regulations
Reference CA's memo of July 25, 1991. There was some discussion
regarding regulation of multiple fences or hedges in the side and rear
yard areas in R-1 and R-2 zoning districts. Discussion focused on a new
section suggested by the CA in his memo. This matter was put over for
discussion when a full Commission is present.
ACKNOWLEDGMENTS
Site review - special permit - 1207 Capuchino Avenue
Burlingame Planning Commission Minutes Page 9
August 12, 1991
- Site review - special permit - 1550 Rollins Road
Site review side setback variance - 120 Bancroft Road
ADJOURNMENT
The meeting was adjourned at 9:45 P.M.
Respectfully submitted
Jerry L. Deal
Secretary