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HomeMy WebLinkAboutMin - PC - 1992.03.09CITY OF BURLINGAME PLANNING COMMISSION MARCH 9, 1992 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Vice Chairman Mink on Monday, March -9, 1992 at 7:30 P.M. ROLL CALL . Present: Commissioners Deal, Ellis, Graham, Jacobs, Mink Absent: Commissioners Galligan, Kelly Staff Present: Margaret Monroe, City Planner; Leah Dreger, Zoning Technician; Jerry Coleman, City Attorney; Frank Erbacher, City Engineer; Bill Reilly, Fire Marshal MINUTES - The minutes of the February 24, 1992 meeting were unanimously approved. AGEND - Order of the agenda approved. ITEMS FOR STUDY 1. FIVE VARIANCES AND ONE SPECIAL PERMIT FOR AN EXISTING GARAGE AT 1400-1404 OAK GROVE AVENUE, ZONED R-2 Requests: was this originally a three sided structure, copy of any record in the Building Department files; what is unusual about the site to support the variance request; original date the carport was built, would it have been considered existing nonconforming in parking at one time, what was the parking requirement at the time the duplex was built and what is it now; do not find a variance application' form in the packet, need applicant's statements supporting a finding of exceptional circumstances. Item set for public hearing March 23, 1992- if all information can be collected. 2. SPECIAL PERMIT AMENDMENT FOR AN AUTOMATIC TELLER MACHINE (ATM) AT 975 ROLLINS ROAD (7-11 STORE) , A RETAIL USE PERMITTED BY A USE VARIANCE IN AN R-3 ZONE Requests: how many more people will be on the site with the addition of the ATM; occupancy of the parking spaces at 9:00 A.M., 12:00 Noon and 5:00-7:00 P.M., where will overflow parking go if there is overflow; will they need a sign exception; total number of police calls to this site in the past two years. Item set for public hearing March 23, 1992. Burlingame Planning Commission Minutes Page 2 March 9, 1992 3. NEGATIVE DECLARATION, CONDOMINIUM PERMIT AND TENTATIVE MAP FOR A THREE STORY, THREE UNIT RESIDENTIAL CONDOMINIUM AT 962 CHULA VISTA AVENUE, ZONED R-3 Requests: location of water heaters and furnaces; has applicant discussed this new project with the neighbors; information on flood zone and location of the, basement; what does "compatible" mean in relation to condominium projects. Item set for public hearing March 23, 1992. 4. SPECIAL PERMIT TO BUILD AND OPERATE A GRAPHIC ARTS SOFTWARE DEMONSTRATION LABORATORY IN THE LOWER OFFICE LEVEL AT 1350 BAYSHORE HIGHWAY, ZONED C-4 Requests: will there be retail sales to clients: from this site; trip generation rates as compared to those for a normal office use; how is the building ventilated, does this lab have its own ventilation, will gaseous fumes be present; is equipment currently on site, if so could Commission see it; is there a potential safety problem with laser on the site. Item set for public hearing March 23,, 1992. The Chair advised there were only five Commissioners present and approval of an application requires four affirmative votes. Applicants were given the option of a continuance, all chose to be heard this evening. 5. MASTER SIGNAGE PROGRAM AND SIGN EXCEPTION AT 1150 PALOMA AVENUE/ 1249 BROADWAY, ZONED C-1. BROADWAY COMMERCIAL AREA Reference staff report, 3/9/92, with attachments. CP Monroe reviewed details of the request, staff review, study meeting questions, required findings. Two conditions were suggested for consideration at the public hearing. Staff noted Sign D is a directory sign to be considered under the master sign program. C. Deal advised he would abstain from discussion and voting. Chm. Mink opened the public hearing. Ron Bernstein, United Signs, representing Kwok Wong, property owner, was present. He advised the Taste of Hong Kong restaurant has been on the site close to one year, the temporary banner signs on the building will be removed. Dolores Manning, a resident at 1219 Paloma Avenue, spoke in opposition: she felt this applicant was receiving special privileges from the city and objected to any more large signs or a sign program which exceeds code, she was concerned about the impact on Broadway and adjacent neighborhoods. There were no further audience comments and the public hearing was closed. C. Jacobs stated she understood the concerns about Broadway but this business is taking signage from Paloma and putting it on Broadway, it Burlingame Planning Commission Minutes Page 3 March 9, 1992 will be advantageous to the residential neighborhood on Paloma, it is only a matter of one sign moving from the secondary frontage to the primary frontage, removal of the banner signs on the building will improve its appearance. C. Jacobs moved for approval of the master signage program and sign exception by resolution with the two conditions in the staff report. Motion was seconded by C. Graham who pointed out the applicant is allowed more total signage than he is requesting, this proposal will protect the residential side street. A third condition requiring removal of the temporary banner signs and window signs was suggested and accepted by the maker- of the motion and seconder. Conditions follow: (1) that the project shall be built as shown on the plans submitted to the Planning Department and date stamped February 5, 1992 Site Plan and Elevations, Sign A elevation (8-1/2" x 11") and Revised Site Plan dated March 3, 1992 (8-1/2" x 3.1"); (2) that all temporary banner signs and window signs not shown in the master signage program shall be removed; and (3) that the project shall meet Uniform Building and Fire -Codes as amended by the City of Burlingame. Motion was approved on a 4-0 roll call vote, C. Deal abstaining, Cers Galligan and Kelly absent. Appeal procedures were advised. 6. SPECIAL PERMIT FOR A FINANCIAL INSTITUTION ON THE SECOND FLOOR AT 1229 BURLINGAME AVENUE 114, ZONED C-1 SUB AREA. A Reference staff report, 3/9/92, with attachments. CP Monroe reviewed details of the request, staff review, applicant's and property owner's statements in the application, study meeting questions, required findings. Three conditions were suggested for consideration at the public hearing. Chm. Mink opened the public hearing. Andrew Wiecks, applicant, was present. There were no audience comments and the public hearing was closed. C. Jacobs found there were many people in Sub Area A with one person offices on the second floor and few visitors, the regulations of Sub Area A are very clear about parking impact, this business is small, it will not be detrimental to the area since it is replacing an office use and is low key, any changes in operation of the business must come back to the Commission for approval. She then moved for approval of the special permit by resolution with the following conditions: (1) that the project shall be built as shown on the plans, submitted to the Planning Department and date stamped February 6, 1992 Floor Plan (8-1/2" x 1111); (2) that Burlingame Mortgage shall operate from 9:00 A.M. to 8:00 P.M. Monday: through Friday with two employees; and (3) that the project shall meet Uniform Building and Uniform Fire Codes as amended by the City of Burlingame. Motion was seconded by C. Graham and approved 5-0 on roll call vote, Cers Galligan and Kelly absent. Appeal procedures were advised. Burlingame Planning Commission Minutes Page 4 March 9, 1992 7. NEGATIVE DECLARATION, SPECIAL PERMIT AND PARKING VARIANCE FOR A LIVE COMEDY THEATER AT 247 CALIFORNIA DRIVE, ZONED C-1 SUB AREA B Z -T Dreger reviewed details of the request, staff review, applicant's statements in the submittal, required findings, study meeting questions. Eleven conditions were suggested for consideration at the public hearing. Minor changes to these conditions were noted. Chm. Mink opened the public hearing. Harry DeOrnellas, Jr., applicant, was present. He responded to Commissioners' questions: they expect the theater to operate as presented in the application, they will discourage people lingering in the bar facility, the bar will close 15 minutes before the show ends; they have agreed to separate the two shows on Saturday evening by one hour as. suggested by staff; it is their hope people will go to Burlingame Avenue to eat before and after the show; there are no intermissions, just brief periods when people could buy T-shirts, mugs, etc. inside the building; they must exclude anyone under 21 years of age because of the conditions of the liquor license, if they had applied for a license to serve food with beverages they could allow people under 21; many comedy theaters do serve food, they feel serving food would make the operation too complex. Berry Hurley, property owner, 231 Highland Avenue, spoke in opposition: there are two businesses in this immediate area now with liquor licenses, there have been businesses at these locations which broke his windows every two months, it was a real problem, the area is congested at present, two existing businesses trying to make a living seems sufficient. The Chair advised applicant will have to go to the City Council for an entertainment permit for the use if Planning Commission approves the application. Dan McCarthy thought all seats should be assigned in advance, he had gone to comedy clubs where people were lined up an hour ahead of time which in this case means they would be there at 'the same time the others are leaving, he suggested presale of tickets and assigned seats. The operator of the California Bar and Grill, next to the proposed theater site, had no problem with the comedy show itself but stated parking is a big concern, he has been there for 10 years and has always hoped the city would alleviate the parking situation, need to solve the current problem before adding a comedy club. Marty Mackie spoke in favor of the application: she noted California Bar and Grill is open only until 3:00 P.M., they will be performing in the theater in the evening when there is plenty of available parking. It was noted by the Commission that Christie'=s, a restaurant on the same block, is open only until 3:00 P.M., California Bar and Grill serves dinner. Responding to a Commissioner question applicant advised when possible he would presell and assign seats but this may not always be possible and they would sell tickets at the door. There: were no further audience comments and the public hearing was closed. Burlingame Planning Commission Minutes Page 5 March 9, 1992 Commission comment: think comedy clubs are a positive good for the community, people could go to dinner elsewhere and walk to the show, but am concerned about parking, in this particular area people are not willing to park across the tracks or to cross California Drive on foot, farther up Burlingame Avenue where there are more city lots available people seem more willing to walk; also concerned about the evening parking in light of the proposed business improvement district, if and when it becomes active evening activities on Burlingame Avenue would draw more people and increase the demand for parking by retail establishments, this proposal at this location could be a bottleneck; think 162 people at one time on California Drive will be a problem, there are other places in the city which could possibly handle two shows, with this much impact question whether people will be happy with the theater. Incorporating the staff report, testimony this evening and Commission's comments, C. Jacobs found this is not the place for a comedy theater because of the large number of people and the need for a substantial parking variance. She then moved for denial of the application, seconded by C. Ellis. Comment on the motion: congestion will be a problem, would like to help this theater use but the figures are too big, people will not walk from very far away, a parking variance for 108 spaces may be somewhat over done, think there will be more than 1.5 persons per vehicle, but still it is too much for that area; have the same concerns as when Commission considered a theater on California Drive off Broadway, parking is a problem for a business on California, people will -park on the other side of California and will have problems getting across the street, it is a wide street and dangerous, cars sometimes use high speeds, this is not the right location for this operation; downtown is always shifting its uses, with this number of cars there will be no accommodation in the downtown area, the theater won't shift as other businesses sometimes do, there will be no flexibility downtown; layout of the streets in the area makes it particularly difficult for pedestrian traffic across California Drive in this area, it is a wide street and it will be very dark; this is the wrong location and will intensify the existing parking problem. C. Jacobs amended her motion to deny the negative declaration, special permit and parking variance for a live comedy theater at 247 California Drive, seconded by C. Ellis, motion approved 5-0 on roll call vote, Cers Galligan and Kelly absent. Appeal procedures were advised. FROM THE FLOOR There were no comments from the floor. ACKNOWLEDGMENTS Hillside Area Construction Permit - 1401 Hillside Circle Y Burlingame Planning Commission Minutes Page 6 March 9, 1992 Hillside Area Construction Permit - 2412 Valdivia Way The Hillside Area Construction Permit for 27 Mills Canyon Court was called up for review by the Planning Commission. - Special Permit site review - 875 Stanton Road (TNT Skypak, Inc.) Special Permit site review - 1461 Bayshore Highway (Stelvio Distributors, Inc.) - (Staff was asked to check this company's signage.) CP Monroe reviewed City Council actions at its March 2, 1992 regular meeting. ADJOURNMENT Commission expressed its appreciation to the City Council for the Commissioners' Dinner at the Marriott hotel March 6, 1992. The meeting was adjourned at 8:55 P.M. Respectfully submitted, Jerry L. Deal, Secretary