HomeMy WebLinkAboutMin - PC - 1994.03.14CITY OF BURLINGAME PLANNING COMMISSION
March 14, 1994
CALL TO ORDER
A regular meeting of the Planning Commission, City of Burlingame was
called to order by Chairman Deal on Monday, March 14, 1994 at 7:30 P.M.
ROLL CALL
Present: Commissioners Deal, Ellis, Galligan, Jacobs, Kelly, Mink
Absent: Commissioner Graham
Staff Present: Margaret Monroe, City Planner; Leah Dreger, Zoning
Technician; Jerry Coleman, City Attorney; Frank
Erbacher, City Engineer;
MINUTES - The minutes of the February 28, 1994 meeting were
unanimously approved.
AGENDA - The order of the agenda was approved. It was noted that
Study Item #3, 601 Ansel Avenue is a condominium permit,
Negative Declaration and tentative map.
FROM THE FLOOR
There were no public comments, however it was noted, for the record,
that a letter was submitted from neighbors of Roosevelt School. The
letter will be included in the packet for the March 28, 1994 Special
Permit action for school district offices at 1131 - 1141 Vancouver
Avenue.
ITEMS FOR STUDY
1. SPECIAL PERMIT FOR SCHOOL DISTRICT OFFICES AT 1131 - 1141
VANCOUVER AVENUE, ZONED R-1 (BURLINGAME ELEMENTARY SCHOOL
DISTRICT, PROPERTY OWNER AND APPLICANT).
Requests: By tenant the number of students presently at site, number
of employees, number of people arriving there between 8:00 A.M. and
9:30 A.M.; use is different than a neighborhood school; clarify
differences between charts provided in school district application and
those in tenant application; how much white loading zone is provided on
Vancouver how many cars can park in front of school on Vancouver;
school psychologist's hours and how uses office, number of employees
parking on grounds, employees of tenants/30 vehicles - employees of
district office/13 = 43 vehicles where 27 spaces are provided - have
applicant comment about where the 16 extra vehicles will park; provide
more detail on how the school would be used if it was reopened as a
public elementary school.
Item set for Public Hearing March 28, 1994.
BURLINGAME PLANNING COMMISSION MINUTES MARCH 14, 1994
2. SPECIAL PERMIT AMENDMENT FOR AFTER SCHOOL DAY PROGRAM AT 1151
VANCOUVER AVENUE, ZONED R-1, (BURLINGAME ELEMENTARY SCHOOL
DISTRICT, PROPERTY OWNER AND LEN BEATIE. APPLICANT).
Requests: current number of students permitted; where is program
during summer; will staff increase as student population increases;
method of transportation to site; what is ,.long range plan for this
tenant's program at Roosevelt school; is room #8 vacant at this time;
number of vans parked onsite/offsite and timeframe duration and time of
day; how many employees are there; application shows 5 vehicles, does
this include the vans or are these for the employees, where do
employees park; would like this item tied to item #1 since parking area
is a factor;
Item set for Public Hearing March 28, 1994 pending school district
being ready and completion of needed data.
3. CONDOMINIUM PERMIT, NEGATIVE DECLARATION AND TENTATIVE MAP FOR AN
EIGHTEEN (18) UNIT CONDOMINIUM PROJECT AT 601 ANSEL AVENUE, ZONED
R-3 (ANSEL FLORIBUNDA LIMITED PARTNERSHIP, PROPERTY OWNER AND
HABITEC, APPLICANT).
Requests: engineering check maneuverability into/out of 5 guest
parking spaces; address all CE concerns; delineate walkway on side and
common area; number the units for identification; water heaters opening
into bedroom does not meet building code; floor to floor and floor to
ceiling dimensions; is easement signed or to be negotiated?
Item set for Public Hearing March 28, 1994.
4. SPECIAL PERMIT FOR A TAKE-OUT PERMIT FOR A BAGEL BAKERY AT 1152-
1156 BURLINGAME AVENUE, ZONED C-1 BURLINGAME AVENUE COMMERCIAL
AREA SUBAREA A, (GURDIAL S. JOHAL TR, PROPERTY OWNER AND BILL
HUGHSON, APPLICANT).
Requests: why is permit necessary; use is like a bakery.
Item set for Public Hearing March 28, 1994.
ITEMS FOR ACTION
5. FENCE EXCEPTION -FOR HEIGHT IN THE FRONT SETBACK AT 2309 RAY DRIVE,
ZONED R-1 (MATHILDE C. BROWN AND DAVID LAW, PROPERTY OWNERS AND
APPLICANTS).
Reference staff report, 3/14/94, with attachments. CP Monroe discussed
the request, reviewed criteria, Planning Department comments, and study
meeting questions. If recommended to Council for approval, 3
conditions were suggested.
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BURLINGAME PLANNING COMMISSION MINUTES MARCH 14, 1994
Chm. Deal opened the public hearing. David Law, applicant, 2309 Ray
Drive, was present to answer any questions. He noted in finding
exceptional circumstances that the house is slab and grade construction
and thus slightly lower than neighbors resulting in less privacy from
street; floor plan is reversed with bedrooms at front so privacy is an
issue. There is 5' of street right-of-way between the inner edge of
the sidewalk and the property line so at its closest point the fence is
15' from the sidewalk.
There were no other comments and the public hearing was closed.
C. Jacobs noted that this is an exceptional circumstance due to the
angle of the road, it is not a typical lot and creates an optical
illusion, also because of the placement of the house the back yard is
in the front of the house creating a greater need for privacy, she then
moved to approve the application, with the following conditions: 1)
that the project shall conform to the plans submitted to the Planning
Department date stamped February 10, 1994; 2) that application for a
retroactive building permit shall be made to the Building Department
within 30 days of action on this application; and 3) that the project
shall meet all the Uniform Building and Uniform Fire Code requirements
as amended by the City of Burlingame.
Motion was seconded by C. Galligan and approved on a 5-1-1 (C. Deal
dissenting and C. Graham absent) roll call vote. Appeal procedures
were advised.
6. TWO SPECIAL PERMITS FOR AN EXISTING ACCESSORY STRUCTURE AT 1545
BERNAL AVENUE, ZONED R-1 (PAUL R. AND VIRGINIA MALONE, PROPERTY
OWNERS AND APPLICANTS).
Reference staff report, 3/14/94, with attachments. CP Monroe discussed
the request, reviewed criteria, Planning Department comments, and study
meeting questions. Five conditions were suggested.
Chm. Deal opened the public hearing. Paul and Virginia Malone,
applicants, 1545 Bernal Avenue, clarified there is only one trellis on
the property, built under the July building permit at the front of the
pump house. There is no plumbing in the pump house and it could not
possibly be used as a living unit. A firewall was installed, with the
July permit, to address a fire separation issue and eliminated previous
windows in the side walls creating a need for natural light inside the
structure. Privacy is not an issue because the windows are 9 feet or
more above the ground.
There were no other comments and the public hearing was closed.
C. Mink noted that this application will not impact the neighborhood
and included the comments made in the staff report and in the
testimony, he then moved to approve the application, by resolution,
with the following amended and added conditions: 1) that the project
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BURLINGAME PLANNING COMMISSION MINUTES MARCH 14, 1994
be consistent with the plans, including no windows closer than 3' to
property line, submitted to the Panning Department date stamped
February 8, 1994; 2) that use of the structure shall be limited to
light recreational uses such as a garden cabana, sitting room, game
room, and in no circumstance shall the structure be used as a dwelling
unit; 3) that, within 30 days of action on this proposal, application
shall be made to the Building Department for the installation of the
windows and the proposed change in use; 4) that plans submitted to the
Building Department shall meet the condition in the Chief Building
Inspector's memo (2/14/94); 5) that the project shall meet all the
requirements of the Uniform Building and Uniform Fire Codes as amended
by the City of Burlingame; and 6) that no interior water or sewer
service shall be added to this structure.
Motion was seconded by C. Ellis and approved on a 6-0-1 (C. Graham
absent) voice vote. Appeal procedures were advised.
7. SPECIAL PERMIT AND PARKING VARIANCE FOR SINGING CLASSES 1229
BURLINGAME AVENUE, SUITE 15, ZONED C-1 SUBAREA A, BURLINGAME
AVENUE COMMERCIAL AREA (BRUCE KIRKBRIDE, PROPERTY OWNER AND MARIE
B. COCHRAN, APPLICANT).
Reference staff report, 3/14/94, with attachments. CP Monroe discussed
the request, reviewed criteria, Planning Department comments, and study
meeting questions. Five conditions were suggested for consideration at
the public hearing.
Chm. Deal opened the public hearing. Marie Cochran, applicant, 5541
Corte Sonora, Pleasanton, addressed the Commission. There were no
other comments and the public hearing was closed. Commissioners
commented: that the use has existed at this site for some time without
complaints; that there is nothing exceptional about the property to
justify not meeting the requirements, no unreasonable loss shown if
outside business hours, an office which is permitted could go in.
C. Galligan then moved to approve the applications since the use is
consistent with the district, with the following amended conditions:
1) that the use shall occupy 570 SF as shown on the plans submitted to
the Planning Department date stamped November 10, 1993; 2) that the
days and hours of operation shall never exceed 3 week days, between
2:00 P.M. and 8:00 P.M., there shall be no classes on Saturday; 3) that
no more than one student shall be taught during a single lesson, with
a 15 minute break between lessons and the total number of lessons shall
not exceed eight (8) students in a single day; 4) that any changes to
the days and hours of operation or the number of students taught in one
day shall require an amendment to this special permit; and 5) 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. Kelly and approved on a 4-2-1 (C. Jacobs and
Mink dissenting and C. Graham absent) roll call vote. Appeal
procedures were advised.
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BURLINGAME PLANNING COMMISSION MINUTES MARCH 14, 1994
8. SPECIAL PERMIT FOR OFFICES OVER 20% AND PARKING VARIANCES AT 1606
ROLLINS ROAD ZONED M-1 (JOSEPH DIMAIO, PROPERTY OWNER AND BAYSTAR
MEDICAL SERVICES, APPLICANT).
Reference staff report, 3/14/94, with attachments. CP Monroe discussed
the request, reviewed criteria, Planning Department comments, and study
meeting questions. Seven conditions were suggested for consideration.
Commission questioned the number of vehicles on site and the parking
location.
Chm. Deal opened the public hearing. Thomas Wagner, Chief Operating
Officer, Baystar Medical Services, 1616 Rollins Road was present to
answer any questions. Many of the vehicles parked on the drainage
easement were procured in a recent acquisition and a number are out of
service; they will be donated to causes south of the border, when this
is accomplished there will be between 18 and 21 vehicles onsite. 1616
Rollins houses, in addition to the ambulance crews, administrative
staff, a billing and customer service center, dispatch center and an
inhouse classroom for employee training.
There were no other comments and the public hearing was closed.
C. Mink noted that this project is not detrimental to property and is
the same use as previously approved, he then moved to approve the
application, by resolution, with an added condition: 1) that the
project shall be built as shown on the plans submitted to the Planning
Department and date stamped January 27, 1994 Sheet A-1, Site Plan and
A-2 Existing and Proposed Floor Plan; 2) that the conditions of the
Chief Building Inspector's February 7, 1994 memo shall be met; 3) that
the parking lot shall be restriped to accommodate 24 parking stalls,
including one disabled accessible, 15 standard, and 8 compact stalls;
4) that the loading dock/service entrance for the ambulance business
(1606 Rollins Road) shall only accept van type trucks and not tractor
trailer vehicles; 5) that the office and supply/storage ambulance
business will be open 6:00 A.M. to 8:00 P.M. Monday through Sunday with
a maximum of 20 employees on site at any one time; 6) that the office
and supply/storage ambulance business shall be reviewed for conformance
with the conditions of approval within six months (October, 1994) or
upon compliant; 7) that the project shall meet all the requirements of
the Uniform Building and Uniform Fire Codes as amended by the City of
Burlingame; and 8) that the variance for 5 parking spaces and 59%
office use shall be tied to a continuation of the ambulance service use
of both 1616 Rollins Road and 1606 Rollins Road a change in this joint
use of either site by such use shall void the use permit and parking
variance.
Motion was seconded by C. Galligan and approved on a 6-0-1 (C. Graham
absent) roll call vote. Appeal procedures were advised.
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BURLINGAME PLANNING COMMISSION MINUTES MARCH 14, 1994
The Commission adjourned for a 10 minute break at 9:10 P.M. and
reconvened at 9:20 P.M.
9. HOUSING ELEMENT - PLANNING COMMISSION REVIEW AND RECOMMENDATION TO
CITY COUNCIL
CP Monroe reviewed staff report on 1990-1995 City of Burlingame Housing
Element and discussed a recently received letter from the California
Department of Housing and Community Development. The state has
indicated a need to be more explicit about criteria for homeless
shelters and asked that the city provide a program to allow second
units in single family residential areas. A question was raised if the
State could withdraw certification if one did not execute promised
programs, Mr. Ironside responded that could be the case but he did not
know if it has ever occurred. About a third of the housing elements
submitted to HCD have been certified.
C. Deal opened the Public Hearing.
Walter Sjostrom, 1512 Ralston Avenue represented by Bruce Balshone,
1795 E1 Camino Real, Millbrae, addressed the Commission with reference
to his letter of March 7, 1994. They discussed the portion of the
Housing Element that addresses non -conforming units and gave specific
attention to the use of the public parking lot at Ralston and E1 Camino
for affordable housing. They felt that Mr. Sjostrom's adjacent
property could be incorporated with the public parking lot and effect
a substantial increase in the number of units possible. It was noted
that the sites identified for affordable housing no longer include the
Ralston -El Camino parking lot since it was recommended to be removed
and replaced with the area along Donnelly between Primrose and Lorton
at the workshop meetings. They responded by urging that the Ralston -E1
Camino lot be reinstated on the list of sites. They also noted that
they are in support of the amnesty program for second units suggested
in the Housing Element, suggesting that its criteria be expanded to
address waiving of setbacks.
CA Coleman asked that the record show that Mr. Sjostrom's property is
not a "legal" non -conforming second unit. Rather, it is an illegal
conversion of a single family residence to a multiple family use and
has been illegal for a number of years.
Robert Ironside, Ironside and Associates, Consultant for the Housing
Element, 508 St. Thomas Lane, Foster City, gave an overview of the
Housing Element. He discussed the state letter noting much of it is a
matter of semantics and can be addressed. He felt however that
acceptance by the state would require allowing new second units in the
single family area. He discussed briefly the proposed amnesty program
noting that the intent should be that these historic second units are
made safe and sanitary. Standards must be set. When brought up to
code and made safe and sanitary in compliance with established
standards, the secondary units would then be recognized. Burlingame
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BURLINGAME PLANNING COMMISSION MINUTES MARCH 14, 1994
has a very high number of rental units and yet there is a feeling to
protect the density in the single family zoned areas.
It was the consensus of the Commission that state certification would
be preferable if it is possible to attain that goal. The state wants
the certain criteria spelled out in an analytical sense, addressing
specific action programs. A revision of local ordinances in order to
increase the motivation to consolidate lots and provide regulatory
incentives would also be necessary to appease the state.
In order to self certify the city will need to make findings that
justify, not what has already been accomplished, but actions that will
continue to encourage housing that has a high degree of affordability.
Parking as a guide to density and the numbers and flexibility it allows
is not understood by the state.
The Commission discussed the financial responsibilities of the city to
implement a housing program. Inclusionary Zoning was noted as a way to
accumulate some findings for local participation. It would depend on
how the ordinance was structured.
It was noted in the Negative Declaration that it has evaluated
potential impacts of this action and finds that there is really no
impact, and no possible significant impact. The Housing Element would
encourage a build out of development, approximately 10% holding
capacity already included in the General Plan. The facilities,
infrastructure, services, etc. to handle that additional growth are
already in place. The Housing element is consistent with the General
Plan in finding that the bayfront is unsuitable for housing.
There were no other comments and the public hearing was closed.
C. Ellis noted that the proposed housing element is comprehensive and
covers all items and issues. It is a good faith effort, he then moved
to recommend, to City Council, approval of the Negative Declaration as
presented, finding that the project would have no significant impacts
in on the environment since the land use is consistent with the General
Plan housing capacities and adequate public facilities are in place to
accommodate development.
Motion was seconded by C. Galligan and approved on a 5-1-1 (C. Jacobs
dissenting and C. Graham absent) roll call vote.
C. Kelly then moved to recommend approval of the Housing Element as
presented with errata to City Council.
Motion was seconded by C. Ellis and approved on a 5-1-1 (C. Jacobs
dissenting and C. Graham absent) roll call vote. The action was
forwarded to the City Council.
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BURLINGAME PLANNING COMMISSION MINUTES MARCH 14, 1994
PLANNER'S REPORTS
- CP reviewed City Council actions/discussion at its March 7,
1994 regular meeting.
ADJOURNMENT
The meeting was adjourned at 10:28 P.M.
MIN3.14
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Respectfully submitted,
Ruth E. Jacobs, Secretary