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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. Page -2- 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 Page -3- 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. Page -4- 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. Page -5- 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 Page -6- 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. Page -7- 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 Page -8- Respectfully submitted, Ruth E. Jacobs, Secretary