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HomeMy WebLinkAboutMin - PC - 1994.09.26MINUTES CITY OF BURLINGAME PLANNING COMMISSION SEPTEMBER 26, 1994 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman Galligan on Monday, September 26, 1994 at 7:30 P.M. ROLL CALL Present: Commissioners Ellis, Galligan, Jacobs, Kelly and Key Absent: Commissioners Deal and Mink Staff Present: City Planner; Margaret Monroe, Jerry Coleman, City Attorney; Frank Erbacher, City Engineer; Keith Marshall, Fire Marshall MINUTES - The minutes of the September 12, 1994 meeting were approved as mailed. AGENDA - It was noted for the record that Item #5 & #6, 1273 El Camino Real are continued to October 11, 1994. The order of the agenda was then approved. FROM THE FLOOR There were no public comments. ITEMS FOR STUDY 1. TENTATIVE AND FINAL MAPS FOR A LOT SPLIT AT 1500 TO 1650 BAYSHORE HIGHWAY, ZONED C-4 (CHRISTOPHER O. VEITCH, PROPERTY OWNER AND DANIEL G. MacLEOD. APPLICANT). Requests: will additional easements be required; do all parcels have bay access; summarize the items that create the non -conforming zoning condition. Item set for public hearing October 11, 1994. ACTION ITEMS Chairman Galligan informed all applicants for action items that the rules of procedure for the commission require a minimum of 4 affirmative votes to pass a motion; there are only 5 members seated tonight. If an applicant would prefer to be heard by a full commission, they may request a continuance. There were no such requests. 2. FRONT SETBACK VARIANCE AT 950 PALOMA AVENUE, ZONED R-1 (STEVE PETERSON, PROPERTY OWNER AND APPLICANT). Reference staff report, 9/26/94, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and noticing requirements. A diagram of the 300' radius was introduced into the record indicating those who were not noticed, she also introduced a copy of the notice returned to the Planning Department from a neighbor, Laura Azevedo, with notes supporting the variance. Four conditions were suggested for consideration. Burlingame Planning Commission Minutes September 26, 1994 Chm. Galligan opened the public hearing. Mr. Peterson, 950 Paloma, the applicant and Mike Owens, 1317 Sanchez Avenue spoke in favor of the application. The applicant asked if he could proceed with the demolition without waiting for the City Council approval. CP Monroe advised they could do so with a permit at their own risk. There were no further comments and the public hearing was closed. C. Ellis moved the commission reaffirm their August 8, 1994 action, by resolution, restating the same findings and conditions: 1) that the project shall be built as shown on the plans submitted to the Planning Department and date stamped. July 19, 1994, Sheet A-1 and Front Setback Survey; 2) that the front setback to the front porch shall not be less that 18'-6" and that the front setback to the main house shall not be less than 26'-011; 3) that the proposed fence elevation (Sheet A-1) shall not be approved with this application and shall be redesigned to conform to code prior to the issuance of a Building permit; and 4) that the project shall meet all Uniform Building and Uniform Fire Code requirements as amended by the City. Motion was seconded by C. Key and passed on a 5-0-2 (C. Deal and Mink absent) voice vote. Appeal procedures were advised.. 3. SIDE SETBACK VARIANCE AT 152 ELM AVENUE, ZONED R-1 (GEOFFREY & SALLY REID, PROPERTY OWNERS AND APPLICANTS). Reference staff report, 9/26/94, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Four conditions were suggested for consideration. Chm. Galligan opened the public hearing. There were no comments and the public hearing was closed. C. Jacobs noted that this will be an improvement to the neighborhood, and need on site parking but also encourage people to have as much rear yard as possible and there was not a zoning ordinance requiring setbacks when this structure was built and that in itself is an unusual circumstance, she then moved the approval of this application, 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 August 8, 1994, General Site Plan, Front Elevation, Side Elevation and Foundation/Floor Plan, with the following revisions: a. the City Engineer and the Chief Building Official shall approve the drainage and the location of the exterior garage wall prior to the issuance of the building permit, b. the eave of the new roof shall not extend over the property line and all drainage shall. go to the street, c. the completed garage shall have an interior dimension of no less than 181X 20' and that the following conditions shall be included in the plans prior to issuance of the building permit; 2) that the tie in of the new garage roof shall not exceed 13'-0" from existing grade at the front of the existing carport; 3) that the existing height of the carport roof shall be surveyed prior to its demolition and the new garage roof height shall be surveyed and the survey approved by the City Engineer prior to the addition of roofing materials and finaling of the building permit; and 4) that the project shall meet all Uniform Building and Uniform Fire Code requirements as amended by the City. -2- Burlingame Planning Commission Minutes September 26, 1994 Motion was seconded by C. Ellis and passed on a 5-0-2 (C. Deal and Mink absent) voice vote. Appeal procedures were advised. 4. HEIGHT AND FRONT SETBACK VARIANCE AT 1617 BALBOA WAY, ZONED R-1, (FRANK SKOGLUND, JR., PROPERTY OWNER AND JAMES CHU, CHU DESIGN & ENGINEERING, APPLICANT). Reference staff report, 9/26/94, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Five conditions were suggested for consideration. Chm. Galligan opened the public hearing. Ron Grove:, 1621 Balboa Way representing Frank Skoglund, 1617 Balboa Way, the applicant responded to questions from the commission. Although the front. setback could not be met the garage size was increased by reducing the interior of this house. The lot coverage was also met by taking 65 SF from the living area as requested by the commission at the August 8, 1994 meeting. A petition from the neighbors in agreement with the height variance was presented to the commission. Dick and Mary Inokuchi, 1616 Coronado Way and Jeff Inokuchi, 1440 Cortez Avenue, spoke in opposition to the height variance. They felt that this major a remodel should be done within the limit of city regulations if it was they would have no objection. They stated a flat roof would be preferable. There were no further comments and the public hearing was closed to them. C. Jacobs noted it is in keeping with and will not be detrimental to the neighborhood by providing required off street parking and there is considerable open space on this street now. She then moved to approve the front setback variance portion of this application with the following amended conditions: 1) that the proposed addition shall be built as shown on the plans submitted to the Planning Department date stamped September 6, 1994 sheets A-1 through A-6 except that the maximum height of the structure shall not exceed 30' from top of curb at the front of the lot; 2) that the height of the roof framing shall be surveyed and the survey accepted by the City Engineer prior to attaching the roof; 3) that this project shall meet the requirements of the Associate Engineer's memo (9/12/94) and the Park Director's memo (9/16/94) and CS 11.06, Urban Reforestation and Tree Protection; and 4) that the project shall meet all Uniform Building and Uniform Fire Code requirements as amended by the City. Motion was seconded by C. Ellis and passed on a 5-0-2 (C. Deal and Mink absent) voice vote. Appeal procedures were advised. C. Jacobs then moved to deny the height variance portion of this application since the height limit was known when the property was recently purchased. Others noted this would be the first real 2 story structure on the block, the others are split level, and because of the slope the full 2 story could have a big impact on the: character of the area if it does not have a flat roof. There -are other design alternatives; house designed to the maximum FAR within the present foot print and ceiling height could be modified, reorient ridgeline to have less impact on neighbors. It is not possible to make findings in support of this segment of the application. -3- Burlingame Planning Commission Minutes September 26, 1994 Motion was seconded by C. Galligan and passed on a 4-1-2 (C. Kelly dissenting and C. Deal and Mink absent) roll call vote. Chm. Galligan noted that, in light of the denial of the height variance, the conditions in the approval of the front setback variance would be adjusted to reflect items pertinent to all the actions on the project. Appeal procedures were advised. CA Coleman advised -the applicant that an appeal could not be split and would include the! complete project with all its requests. 5. NEGATIVE DECLARATION, CONDOMINIUM PERMIT AND FRONT AND REAR SETBACK VARIANCE FOR A NEW FOUR (4) UNIT CONDOMINIUM AT 1273 EL CAMINO REAL, ZONED R-3 (JOHN SULLIVAN, PROPERTY OWNER AND DRAKE GARDNER, APPLICANT) (CONTINUED TO OCTOBER 11, 1994). 6. TENTATIVE MAP FOR A NEW FOUR (4) UNIT CONDOMINIUM AT 1273 EL CAMINO REAL, ZONED R-3 (JOHN SULLIVAN, PROPERTY OWNER AND DRAKE GARDNER, APPLICANT) (CONTINUED TO OCTOBER 11, 1994). 7. SPECIAL PERMIT FOR REAL ESTATE USE ON THE FIRST FLOOR AT 1440 CHAPIN AVENUE, ZONED C-1, SUBAREA B1 (CORTINA INVESTMENTS LTD., PROPERTY OWNER AND CAROL RODINI OF CORNISH AND CAREY, APPLICANT) Reference staff report, 9/26/94, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Five conditions were suggested for consideration. Chm. Galligan opened the public hearing. There were no other comments and the public hearing was closed. C. Kelly moved approval of the application, by resolution, noting that the parking study showed that there is sufficient capacity on site to accommodate this use and full occupancy of the building, with conditions as follows: 1) that the real estate use should not exceed 2,669 gross square feet on the first floor in Suite #102 of the office building at 1440 Chapin Avenue shown on the plans submitted to the Planning Department and date stamped June 28, 1994, sheets P-1 and A2.3; 2) that the office shall be used for business purposes between the hours of 8:00 A.M. and 6:00 P.M. seven days a week with a maximum of 25 employees on site at any one time and that the regularly scheduled weekly staff meetings shall be held at another location within the building or off the premise; 3) that the employees of this business shall park on site; 4) that the conditions of the Chief Building Inspector's memo dated July 5, 1994 shall be met; and 5) that any proposed tenant improvements shall be made in full compliance with the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame and the first floor office area shall not be relocated or expanded without a use permit. Motion was seconded by C. Key and passed on a 4-1-2 (C. Jacobs dissenting and C. Deal, and Mink absent) roll call vote. Appeal procedures were advised. -4- Burlingame Planning Commission Minutes September 26, 1994 8. PARKING VARIANCES FOR OFFICE USE ON THE SECONI) FLOOR AT 311-315 PRIMROSE ROAD, ZONED C-1, SUBAREA A (RONNIE GOLDFIELD, PROPERTY OWNER AND APPLICANT. Reference staff report, 9/26/94, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Four conditions were suggested :for consideration. Chm. Galligan opened the public hearing. Steve Cohn, Bruin Realty, 347 Primrose Road, representing the applicant, was present to answer questions. There was clarification about the direct access from the stairway to the gallery. Mr. Cohn explained that this opening would be closed off and the office area would then have direct access to the outside so it need not be affected by the hours of operation of the retail use on the first floor. He asked that condition #2 tieing the two together be removed. There were no comments and the public hearing was closed. CP noted that any office use that would need a more intensive parking requirement than 1:300 would need to come before the commission for an additional parking variance. Also that office space parking is not based on number of employees since that varies by business. Commission noted there is no physical ability to add to this property since it was built to the lot lines some time ago. The city has developed another lot to provide additional parking lessening the impact in this area, and the use of the premisses is reasonable. C. Key felt the use is not excessive for the area and will not be detrimental to property or improvements in the vicinity, she then moved approval of this application, by resolution, with the following amended conditions: 1) that the project shall be built with 989.04 SF of floor area used as office as shown by the field measurements on the plans submitted to the Planning Department and date stamped July 19, 1994, Second floor Plan and July 29, 1994, first Floor Plan; 2) that there shall be a maximum of 4 full time employees onsite at one time and the office shall be open 8:00 A.M. to 8:00 P.M. seven days a week, any change to these limitations shall require an amendment to the variance; 3) that the uses, as proposed in this application shall not be changed without an amendment to this special permit; and 4) that all improvements shall meet all Uniform Building and Uniform Fire Code requirements as amended by the City. Motion was seconded by C. Kelly and passed on a 4-1-2 (C. Jacobs dissenting and C. Deal and Mink absent) voice vote. Appeal procedures were advised. The Commission adjourned for a 10 minute break at 9:10 P.M. and reconvened at 9:20 P.M. -5- Burlingame Planning Commission Minutes September 26, 1994 9. TEMPORARY TENTS AT 1177 BAYSHORE HIGHWAY, RADISSON HOTEL, ZONED C- 4 (SHINSEKAI CORP., PROPERTY OWNER AND STEVE OVERMAN, HDO PRODUCTIONS, APPLICANT). Reference staff report, 9/26/94, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Five conditions were suggested for consideration. Chm. Galligan opened the public hearing. Steve Overman, HDO Productions and Chuck Ashman, Director of Sales and Marketing for the Radisson Hotel were present. They noted that they were going to eliminate the 20' X 20' tent since attendance has been reduced to 50 people per session. The parking area at the rear of the site next to the fence by Bayside Park will be available for hotel guests during the event. It will take 2 hours to remove the two tents on Saturday. In response to commissioners questions the applicants noted that about 72 parking spaces are now available below the hotel, the remainder are being used for assembling furniture for the remodeling of the facility; several of the sessions requested have been cancelled, now there will be 3 instead of 5; some of the people associated with this show will stay in the hotel and use hotel facilities, normal hotel occupancy on the weekends is 75%, the majority of guests do not drive to the site, this use was booked recently. There were no further comments and the public hearing was closed. C. Jacobs noted this request will not be detrimental to property in the vicinity, she then moved approval of this application with the following amended conditions and removal of condition #5: 1) that the two tents, both 30' x 401, shall be installed on September 29, 1994 in the parking lot of the Radisson Hotel as shown on the plans submitted to the Planning Department date stamped September 13, 1994; 2) that the batteries in the display cars parked inside the: tents shall be disconnected and that the Fire Marshal's conditions, as noted on the plans date stamped September 13, 1994 shall be ;met; 3) that the temporary tent shall be removed on Saturday, October 1, 1994 by 9:00 P.M.; and 4) that the project shall meet Uniform Building Codes and Uniform Fire Codes as amended by the City of Burlingame. Motion was seconded by C. Key and passed on a 5-0-2 (C. Deal and Mink absent) voice vote. Appeal procedures were advised.. 10. ONE YEAR EXTENSION OF SPECIAL PERMITS AT 620 AIRPORT BOULEVARD, ZONED C-4 (JACKIE LAM, PROPERTY OWNER AND APPLICANT). Reference staff report, 9/26/94, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Two conditions were suggested for consideration. C. Galligan opened the public hearing.. Steve Douglas, representing BIC was present to explain the request. There were no further comments and the public hearing was closed. C. Ellis moved the one year extension of this permit, by resolution, with the following conditions: 1) that the project shall meet all Uniform Building and Uniform Fire Codes as amended by the City of am Burlingame Planning Commission Minutes September 26, 1994 Burlingame in effect on the date of the planning permit extension; and 2) that all the conditions of approval stated in the October 5, 1993 letter from M. Monroe to Jackie Lam (conditions numbered 1-17) shall be met. Motion was seconded by C. Kelly and passed on a 4-1-2 (C. Deal and Mink absent) voice vote. Appeal procedures were advised., however it was noted the event would be over before the appeal period was complete. 11. ONE YEAR EXTENSION OF TENTATIVE MAP AT 620 AIRPORT BOULEVARD, ZONED C-4 (JACKIE LAM, PROPERTY OWNER AND APPLI:CANT). Reference staff report, 9/26/94, with attachments. CE Erbacher discussed the Tentative Map portion of the request, noting that his memo dated September 12, 1994, paragraph 2, line 6; the correct date of the extension period of the map should read December 9, 1995 rather than September 9, 1995. C. Key moved recommendation of approval of these applications to the City Council. Motion was seconded by C. Kelly and passed on a 4-1-2: (C. Deal and Mink absent) voice vote. Appeal procedures were advised. 12. SPECIAL PERMIT AMENDMENT FOR ALAMO CAR RENTAL AT 778 BURLWAY ROAD, ZONED C-4 (DKBERT ASSOCIATES, PROPERTY OWNER AND GEORGE COREY, APPLICANT). Reference staff report, 9/26/94, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Five conditions were suggested for consideration. Chm. Galligan opened the public hearing. George Corey, representing Alamo Rent a Car, was present and answered commission's questions. The solution of the 1% of gross sales was suggested to the city by Alamo and it has taken a number of months to work out the conditions, as a result the proposed changes to the site (relocation of gassing areas, removal of buildings) caused by the problem with the gasoline tank was brought forward at the same time; tour business will come directly to Burlingame to sign rental contracts; the pollution problem resulted from someone failing to tighten the underground connectors and it will be cheaper to relocate facility property and remove present gassing facility; Alamo has reviewed both study and final reports and found them satisfactory; the 1% will be based on whatever activities the company pays sales tax on now; contracts for car telephone rentals will be signed in Burlingame. There were no further comments and the public hearing was closed. C. Jacobs noted this request is in the best interest to of the area and will not be detrimental to property or improvement: in the vicinity, the city will benefit from this. She then moved approval of this application, by resolution, with findings incorporated by reference and with the following conditions as corrected in the staff report and noting that the fire lane be permanently retained and accessible: 1) that the project shall be built as shown on the plans submitted to the Planning -7- Burlingame Planning Commission Minutes September 26, 1994 Department and date stamped October 5, 1992 Sheet Al.3 North Site plan, June 14, 1993 Sheets A.1 Site Plan, A.2 Floor Plans and A.3 Elevations, and the plans date stamped July 27, 1994 Sheet L.1; 2) that the conditions of the City Engineer's September 15, 1992, September 28, 1992, October 6, 1992, June 14, 1993, May 24, 1983 and January 21, 1992 memos shall be met; that the conditions of the Fire Marshal's memo of May 28, 1983 and the Chief Building Inspector's memos of October 5, 1992 and May 17, 1983 shall be met; 3) that no trucks delivering or picking up cars at this site shall arrive or depart between 7:00 A.M. and 9:00 A.M. or 4:00 P.M. and 6:00 P.M. daily; 4) that two (2) handicap stalls for employees and/or visitors and two (2) handicap stalls for customer ready vehicles shall be provided. and designated at 1470 Bayshore Highway/778 Burlway Road and while on site all other employees shall be required to park in the 72 space employee parking lot at 1380 Bayshore Highway; 5) that the loss of the use for auto storage of the sites at 1755 Bayshore Highway and./or 1380 Bayshore Highway shall cause the use permit for car rental use at 1470 Bayshore Highway/778 Burlway Road to be reviewed by the Planning Commission; 6) that all employee parking shall be provided 24 hours a day, seven days a week, at 1380 Bayshore Highway; 7) that if Alamo establishes an on- site facility at the San Francisco International .Airport or at any other location outside of the City of Burlingame which facility rents vehicles originating from a Burlingame location, Alamo will pay to the City one percent of the gross income from each rental transaction. Payments shall be made monthly, upon such forms as :may be required by the City. Alamo shall keep and preserve, for a period of three years, all records as may be necessary to determine the amount of said payments. Such records shall be available for delivery to the City for review within fifteen (15) days after request therefore. If sales tax laws of the State of California are amended to revise the procedure whereby such taxes are received by the City of Burlingame, the payments under this condition shall be adjusted so that ;such payments are equivalent to the amount the city would receive where said gross income from rentals taxable within the City of Burlingame under such revised sales tax laws. This condition shall be retroactive to the commencement of business at any such location; 8) that the decorative wall shall be extended and maintained to enclose at a height of 6' the rear of the 1470 Bayshore Highway property, that the City Planner shall participate in the decisions of the design of the wall and that the City Council shall review the final design of the wall; 9) that no more than 15,000 car rental contracts per month shall be written from this site each year, that auto storage shall total 1,280 for all three locations (1470 Bayshore Highway/778 Burlway Road, 1380 Bayshore Highway and 1755 Bayshore Highway) and that the leasing operation shall be confined to the premise at 1470 Bayshore Highway/778 Burlway Road and operated as outlined in Mr. Nesbitt's letter of April 29, 1983 with attached plan date stamped May 18, 1983; 10) that the special permit for car rental use to write contracts, do minor maintenance and repair, and wash cars shall be granted only to this site with supplemental auto storage only at 1755 Bayshore Highway, no rental contracts shall be written nor rental cars picked up by customers at •these supplemental storage sites; 11) that no cars shall be loaded, unloaded or stored on any public street or in any public access area; 12) that portable car telephones shall be leased only from the transaction counter at 778 Burlway Road so long as no more than one employee is engaged in this UM Burlingame Planning Commission Minutes September 26, 1994 activity and the leasing of these instruments is limited to those renting cars from this site and the contracts for these transactions are written in the City of Burlingame; 13) that any change to the number of employees, average number of cars rented from the site each month, use of the two peripheral lots for auto storage, amount of on- site or off-site auto storage, addition of services or secondary businesses to the site, or any other aspect of the operation of the car rental business at this location shall require an amendment to this use permit; 14) that the fire lane from 1942 Bayshore to Burlway Road shall be provided and maintained, unobstructed, or a permanent basis as required by the Fire and Public Works Department of the City of Burlingame; 15) that the project shall be reviewed for compliance with these conditions every three years or upon complaint; and 16) that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame. Motion was seconded by C. Ellis and passed on a 5-0-2 (C. Deal and Mink absent) voice vote. Appeal procedures were advised. PLANNER REPORTS - CP reviewed City Council regular meetings of September 19, 1994 ADJOURNMENT The meeting was adjourned at 10:10 P.M. MINUTES9.26 a Respectfully submitted, Mike Ellis, Secretary