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HomeMy WebLinkAboutMin - PC - 1993.03.22CITY OF BURLINGAME PLANNING COMMISSION MARCH 22, 1993 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman Mink on Monday, March 22, 1993 at 7:32 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 minutes of the February 22, 1993 meeting were unanimously approved. AGENDA - Order of the agenda approved. FROM THE FLOOR Jim Campagna, Paramount Mortgage, spoke to the item under Planner Reports, Determination of the Use Category for Mortgage Broker: he is interested in leasing space at 360 Primrose Road for a mortgage company, his use is not a financial institution which would require a special permit, they do not make loans; their function is to arrange loans between a buyer and a lender, they earn a fee as a realtor. It was his contention they should be classified as a real estate use, acting as a broker or agent, this use is similar to a real estate business. They operate with a real estate license only, his agents are licensed real estate agents who work under a real estate broker. The Chair asked that Mr. Campagna remain until the end of the meeting when this use determination would be discussed by Commission. There were no further public comments. ITEMS FOR STUDY 1. SPECIAL PERMIT AND PARKING VARIANCE FORA BILLIARD CLUB AT 321-333 CALIFORNIA DRIVE, ZONED C-2, SUB AREA B Requests: will there be.food served for takeout; will there be arcade games; what type of uses would be allowed on this site without a variance using only the existing parking; are the seven spaces within the building considered as part of the proposed parking; are there any parking variances for the site now; is Burlingame High School an open or closed, campus; regarding spaces on Lorton, nine to code, four valet, Burlingame Planning Commission Minutes Page 2 March 22, 1993 which are valet and which conforming; is the new space along the street counted in the parking; do applicants plan tournaments or demonstrations which would require more parking; regarding the variance proposal, request more explicit responses from applicant addressing exceptional circumstances (Item a) and Item b; traffic -study addresses available parking 7:00 to 8:00 P.M. Wednesday but not on Saturday, would expect parking to increase on Saturday, would like additional information; DES Architects' letter of March 11, 1993 discusses offering some of the valet parking spaces for use by Stacks restaurant during the day, what are the plans for this; regarding the traffic study, believe California Bar & Grill has closed so would have no parking impact; at what time of day do the one and two hour parking meters no longer require feeding; applicant has a different formula than staff to compute the number of parking spaces, please explain, rationale of applicant's choice, did the figure include employees; on Figure 1, the map, in the traffic study where or what are Lots 1 and 19; typical length of time a patron will stay at the club; have a security concern because of the number of customers, request Police check on security; do applicants propose to charge for the valet parking; maximum occupancy expected after 5:00 P.M. C. Graham suggested Commissioners retain their packets to keep copies for the action meeting at a minimum. Chin. Mink set this item for public hearing on April 12, 19931f all the information is complete. ITEMS FOR -ACTION 2. SPECIAL PERMIT FOR SIZE OF AN ACCESSORY STRUCTURE OVER 500 SF AT 1265 BALBOA AVENUE, ZONED R-1 Reference staff report, 3/22/93, with attachments. CP Monroe summarized the request and discussed a previous application requiring three special permits and three variances which was denied without prejudice, staff comments, required findings. Five conditions were suggested for consideration at the. public hearing. A Commissioner requested the wording of Condition 13 be revised to state ". top of the roof ridge shall not exceed 14'-0" as : . " Chm. Mink opened the public hearing. Robert Costa, applicant, was present. He noted he has made all the corrections suggested at the time of his previous application, the garage is now smaller, also he has changed tha backup from 22' to 241. There were no audience comments and the public hearing was closed. C. Graham found the applicant has complied with all suggestions and directions, and 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 22, 1993 Sheets One and Two - Garage Remodel with revisions noted to match the 8-1/2" x 11" Garage Proposal date stamped March 8, 1993 with a sliding door (not a swing door) and no windows, Burlingame Planning Commission Minutes Page 3 March 22', 1993 21'-6" exterior width (not 20'-6" width) and a backup dimension to the house of 24'-0" (not 22'-611); (2) that the conditions of the City Engineer's March 9, 1993 memo, the Chief Building Inspector's March 1, 1993 memo, the Fire Marshal's February 23, 1993 memo and the Parks Director's February 1, 1993 memo shall be met; (3) that the top of the roof ridge shall not exceed 14'-0" as measured from the adjacent grade (not from the top of the concrete slab) ; (4) that the garage or any part of the accessory structure shall never be used for living or residential purposes, or a home occupation, and should it be so used this permit shall become null and void and the structure shall be demolished or remodeled to conform to the codes for on-site parking at that time; and (5) that the project as built shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame. Motion was -seconded by Cers Kelly/Ellis and approved 7-0 on roll call vote. Appeal procedures were advised. 3. SPECIAL PERMIT AND HILLSIDE AREA CONSTRUCTION PERMIT FOR A SATELLITE DISH ANTENNA AT GRADE AT 2700 SUMMIT DRIVE. ZONED R-1 Reference staff report, 3/22/93, with attachments. CP Monroe discussed details and history of the request, staff comments, required findings. Eight conditions were suggested for consideration at the public hearing. Responding to a question about suggested Condition 15, CP advised staff has been adding this condition to ensure that people are aware they will be responsible for the cost and permit amendment if someone builds on an adjacent property and blocks their reception. Chm. Mink opened the public hearing. • Jack Khouri, applicant, was present. His comment: they intended to submit an application last spring after receiving the City Planner's letter, took the .10' satellite dish down at that time, they waited until now to make application because they discovered the 10' dish was damaged when they remounted it in the rear yard, they are now replacing the 10' dish with a code compliant 6' tall dish. There were no audience comments and the public hearing was closed. C. Deal said he had made a site inspection and found no problem with a 6' satellite dish antenna, it will be hidden by bushes and will not block views. He believed Condition 15 should be eliminated (and the conditions renuZbered) since Condition IS requires a special permit amendment in the case of any modification/relocation of the antenna. C. Deal moved for approval of the special permit and hillside area construction permit by resolution with the following conditions: (1) that the dish antenna shall be installed on the ground as shown on the plans submitted to the Planning Department and date stamped February 17, 1993 Location Map and Plan, and antenna description sheet from Channel Master; (2) that as installed the antenna dish shall not have a diameter greater than 6'-011, nor rise more than 6'-0" above the Burlingame Planning Commission Minutes Page 4 March 22, 1993 adjacent grade, and shall be painted black in color with nonreflective paint; (3) that the condition of the Chief Building Inspector's February 22, 1993 memo (installation of the antenna shall comply with manufacturer's requirements) -shall be. met; (4) that the existing 10' diameter satellite dish antenna shall be permanently removed; (5) that the applicant shall permanently maintain the nonreflective surface of the dish and its support structure or remove the installation; (6) that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of' -Burlingame; and (7) that any modification to the antenna or its location shall require an amendment to this use permit. Motion was seconded by C. Graham and approved 7-O.on roll call vote. Appeal procedures were advised. PLANNER REPORTS Determination of Use Category for Mortgage Broker CP Monroe reviewed her agenda memo on this topic. A letter (March 18, 1993) was noted from James A. Campagna, Paramount Mortgage (who spoke earlier in the meeting). CP requested a determination from Commission which use category, real estate or financial institution, more accurately defines a mortgage broker. CA commented there is no question about it, if they need a real estate broker's license they are not a financial institution but are a species of real estate. Commission comment: a broker is a broker, if the broker's business is in real estate the use belongs in the real estate category; it is actually an office use. CA advised C. Galligan he had no conflict entering into this discussion if his mortgage broker clients were not in the process of moving or intending to move. Further comment: this use is less intense than almost any other use, title companies have more impact, clearly mortgage brokers are not being considered in the right category at present; let the required license determine the type of use. Responding to a question, CP said there are some areas where the city does not allow real estate or financial institutions; if Commission finds this is a real estate use there are some places a real estate use could not go, one location being on the first floor in Sub Area A. C. Graham moved $hat Commission determine a mortgage broker be defined under the real estate category. Motion was seconded by C. Galligan and approved unanimously on voice vote. CP reviewed City Council actions at its March 15, 1993 regular meeting. Burlingame Planning Commission Minutes Page 5 March 22, 1993 ADJOURNMENT The meeting was adjourned at 8:15 P.M. Respectfully submitted, Michael F.'Galligan Secretary